                                 CODE OF VIRGINIA

TOWN ORDINANCES CONCERNING WEIGHT LIMITS ON CERTAIN ROADS (§ 46.2-1138.2)

A. The governing body of any town that provided, on January 1, 1993, town-owned
and -maintained weight scales for the purpose of enforcing the weight limits
established by §§ 46.2-1123 through 46.2-1127 for any vehicle or combination
of vehicles passing over any roads in the town may adopt ordinances for the
assessment of liquidated damages as to overweight vehicles in accordance with
the liquidated damages under § 46.2-1135. Such ordinances may provide that:

   1. Upon a finding of a violation of any weight limit prescribed therein, the
   court shall assess the owner, operator or other person causing the operation
   of such overweight vehicle at such rate and amount as may be provided in such
   ordinance;

   2. The assessment shall be entered by the court as a judgment for such town;

   3. The entry of such judgment shall constitute a lien upon the overweight
   vehicle; and

   4. Such sum shall be paid into the treasury of the town and allocated to the
   fund appropriated by the town for the construction and maintenance of roads
   under its jurisdiction.

B. Such ordinances may include additional provisions relating to the payment of
such assessment and the enforcement powers applicable to such town and
corresponding to the provisions of &#xA7;&#xA7; 46.2-1131, 46.2-1133, 46.2-1134
and 46.2-1135, except that civil penalties, liquidated damages and weighing fees
collected pursuant to such ordinances shall be paid to the town, and the town
attorney or his designee shall represent the town in any court proceeding.

HISTORY: 1993, c. 511.