                                 CODE OF VIRGINIA

COUNTY ORDINANCES FIXING WEIGHT LIMITS ON ROADS THAT HAVE BEEN WITHDRAWN FROM
SECONDARY SYSTEM (§ 46.2-1138)

A. The governing bodies of Arlington and Henrico Counties may adopt ordinances
providing weight limits in accordance with the weight limits established by
&#xA7;&#xA7; 46.2-1123 through 46.2-1127 for any vehicle or combination of
vehicles passing over any such highway under the county&#8217;s jurisdiction.
Any such ordinance shall provide for the assessment of liquidated damages as to
overweight vehicles at rates and amounts not exceeding those applicable to the
liquidated damages under &#xA7; 46.2-1135.

B. Such ordinances may also 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 is provided in the
   ordinance;

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

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

   4. Such sums shall be paid into the treasury of such county, and allocated to
   the fund appropriated by such county for the construction and maintenance of
   such roads under its jurisdiction.

C. Such ordinances may include additional provisions relating to payment of such
assessment and enforcement powers applicable to such county 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 the weighing fees collected
pursuant to such ordinances shall be paid to the county, and the county attorney
or his designee shall represent the county in any court proceeding.

HISTORY: 1989, c. 727.