                                 CODE OF VIRGINIA

OVERWEIGHT PERMITS FOR COAL HAULERS; TRUCKS HAULING GRAVEL, SAND, ASPHALT,
CRUSHED STONE, OR LIQUIDS PRODUCED FROM GAS OR OIL WELLS IN CERTAIN COUNTIES;
PENALTIES (§ 46.2-1143)

A. The Commissioner upon written application by the owner or operator of
vehicles used exclusively for hauling coal or coal byproducts from a mine or
other place of production to a preparation plant, electricity-generation
facility, loading dock, or railroad shall issue, without a fee, a permit
authorizing those vehicles to operate with gross weights in excess of those
established in &#xA7; 46.2-1126 on the conditions set forth in this section.

B. Vehicles with three axles may have a maximum gross weight, when loaded, of no
more than 60,000 pounds, a single axle weight of not more than 24,000 pounds and
a tandem axle weight of no more than 45,000 pounds. Vehicles with four axles may
have a maximum gross weight, when loaded, of no more than 70,000 pounds, a
single axle weight of no more than 24,000 pounds, and a tri-axle weight of no
more than 50,000 pounds. Vehicles with five axles having no less than 35 feet of
axle space between extreme axles may have a maximum gross weight, when loaded,
of no more than 90,000 pounds, a single axle weight of no more than 20,000
pounds, and a tandem axle weight of no more than 40,000 pounds. Vehicles with
six axles may have a maximum gross weight, when loaded, of no more than 110,000
pounds, a single axle weight of no more than 24,000 pounds, a tandem axle weight
of no more than 44,000 pounds, and a tri-axle weight of no more than 54,500
pounds.

C. No load of any vehicle operating under a permit issued according to this
section shall rise above the top of the bed of such vehicle, not including
extensions of the bed. Three-axle vehicles shall not carry loads in excess of
the maximum bed size in cubic feet for such vehicle which shall be computed by a
formula of 60,000 pounds minus the weight of the empty truck divided by the
average weight of coal. For the purposes of this section, the average weight of
coal shall be 52 pounds per cubic foot. Four-axle vehicles shall not carry loads
in excess of the maximum bed size for such vehicle which shall be computed by a
formula of 70,000 pounds minus the weight of the truck empty divided by the
average weight of coal. Five-axle vehicles shall not carry loads in excess of
the maximum bed size for such vehicle, which shall be computed by a formula of
90,000 pounds minus the weight of the truck empty divided by the average weight
of coal. Six-axle vehicles shall not carry loads in excess of the maximum bed
size for such vehicle, which shall be computed by a formula of 110,000 pounds
minus the weight of the truck empty divided by the average weight of coal.

D. For the purposes of this section, &#8220;bed&#8221; means that part of the
vehicle used to haul coal. Bed size shall be based on its interior dimensions,
which may be determined by measuring the exterior of the bed, with volume
expressed in cubic feet. In order to ensure compliance with this section by
visual inspection, if the actual bed size of the vehicle exceeds the maximum as
provided above, the owner or operator shall be required to paint a horizontal
line two inches wide on the sides of the outside of the bed of the vehicle,
clearly visible to indicate the uppermost limit of the maximum bed size
applicable to the vehicle as provided in this section. In addition, one hole two
inches high and six inches long on each side of the bed shall be cut in the
center of the bed and at the top of the painted line. Any vehicle in violation
of this section shall subject the vehicle&#8217;s owner or operator or both to a
penalty of $250 for a first offense, $500 for a second offense within a 12-month
period, and $1,000 and revocation of the permit for a third offense within a
12-month period from the first offense.

E. If the bed of any vehicle is enlarged beyond the maximum bed size for which
its permit was granted, or if the line or holes required are altered so that the
vehicle exceeds the bed size for which its permit was granted, the owner,
operator, or both shall be subject to a penalty of $1,000 for each offense and
revocation of the permit. Upon revocation, a permit shall not be reissued for
six months. The penalties provided in this section shall be in lieu of those
imposed under &#xA7; 46.2-1135.

F. For any vehicle with a valid permit issued pursuant to the conditions
required by this section, when carrying loads which do not rise above the top of
the bed or the line indicating the bed&#8217;s maximum size, if applicable, it
shall be, in the absence of proof to the contrary, prima facie evidence that the
load is within the applicable weight limits. If any vehicle is stopped by
enforcement officials for carrying a load rising above the top of the bed or the
line indicating the bed&#8217;s maximum size, the operator of the vehicle shall
be permitted to shift his load within the bed to determine whether the load can
be contained in the bed without rising above its top or above the line.

G. No such permit shall be valid for the operation of any such vehicle for a
distance of more than 85 miles within the Commonwealth of Virginia from the
preparation plant, loading dock, or railroad.

H. In counties that impose a severance tax on gases as authorized by &#xA7;
58.1-3712 or a severance license tax on coal producers as authorized by &#xA7;
58.1-3741, the Commissioner, upon written application by the owner or operator
of vehicles used exclusively for hauling gravel, sand, asphalt, or crushed stone
no more than 50 miles from origin to destination, shall issue a permit
authorizing those vehicles to operate with the weight limits prescribed in
subsection B. Nothing contained in this subsection shall authorize any extension
of weight limits provided in &#xA7; 46.2-1127 for operation on interstate
highways. Any weight violation hauling sand, gravel, asphalt, or crushed stone
under this subsection shall be subject to the penalties authorized by &#xA7;
46.2-1135.
			The fee for a permit issued under this subsection shall be $70, to be
allocated as follows: (i) $65 to the Highway Maintenance and Operating Fund
established pursuant to &#xA7; 33.2-1530, with a portion equal to the percentage
of the Commonwealth&#8217;s total lane miles represented by the lane miles
eligible for maintenance payments pursuant to &#xA7;&#xA7; 33.2-319 and 33.2-366
being redistributed on the basis of lane miles to the applicable localities
pursuant to &#xA7;&#xA7; 33.2-319 and 33.2-366, to be used to assist in funding
needed highway pavement and bridge maintenance and rehabilitation and (ii) a $5
administrative fee to the Department.

I. In counties that impose a severance tax on gases as authorized by &#xA7;
58.1-3712 or a severance license tax on coal producers as authorized by &#xA7;
58.1-3741, the weight limits prescribed in subsection B shall also apply to
motor vehicles hauling liquids produced from a gas or oil well and water used
for drilling and completion of a gas or oil well no more than 50 miles from
origin to destination. Nothing contained in this subsection shall authorize any
extension of weight limits provided in &#xA7; 46.2-1127 for operation on
interstate highways. Any weight violation involving hauling liquids produced
from a gas or oil well and water used for drilling and completion of a gas or
oil well under this subsection shall be subject to the penalties authorized by
&#xA7; 46.2-1135.

HISTORY: 1973, c. 62, § 46.1-343.3; 1989, c. 727; 1996, cc. 36, 87; 1999, c.
915; 2001, c. 417; 2002, c. 264; 2003, cc. 314, 315; 2005, c. 556; 2007, c. 523;
2008, c. 716; 2009, c. 188; 2010, c. 361; 2011, c. 131; 2012, cc. 443, 569;
2013, cc. 305, 618; 2017, c. 550.