CHAPTER 184

An Act to amend and reenact § 46.1-842 of the Code of Virginia, as
amended, relating to liquidated damages for violation of weight limits,
powers of enforcement officers and forfeiture of vehicle and cargo.

[S 801]
Approved March 13, 1968

Be it enacted by the General Assembly of Virginia:
1. That § 46.1-342 of the Code of Virginia, as amended, be amended and
reenacted as follows:
§ 46.1-342. (a) Upon conviction of any person for violation of any
weight limit as provided in this chapter or in any permit issued by the
State Highway Commission or local authority pursuant to § 46.1-848 or
§ 46.1-3843.1 of this Code the court shall assess the owner, operator or other
person causing the operation of such overweight vehicle liquidated
damages in the amount of two cents per pound for each pound of excess
weight over the prescribed limit in this chapter when the excess is five
thousand pounds or less, * five cents per pound for each pound of excess
weight over the prescribed limit in this chapter when such excess is more
than five thousand pounds, two cents per pound for each pound of excess
axle weight over the prescribed limit in any permit issued pursuant to
§ 46.1-3843 or § 46.1-843.1 when the excess is five thousand pounds or
less, five cents per pound for each pound of excess axle weight over the
prescribed limit in any permit issued pursuant to § 46.1-843 or § 46.1-843.1
when such excess is more than five thousand pounds and ten cents per
pound for each pound of excess gross weight over the prescribed limit
an any permit issued pursuant to § 46.1-848 or § 46.1-343.1, provided,
however, whenever any vehicle does not exceed the gross weight per-
mitted according to the table provided in § 46.1-339 and exceeds the
axle weight in this chapter by two thousand pounds or less, the court
shall assess liquidated damages in the amount of one cent per pound for
each pound of excess weight over the prescribed axle limit in this chap-
ter. Such assessment shall be entered by the court as a judgment for
the Commonwealth, the entry of which shall constitute a lien upon the
overweight vehicle. Such sums shall be paid into court or collected by
the attorney for the Commonwealth and forwarded to the State Treasurer
and allocated to the fund appropriated for the construction and mainte-
nance of State highways.

Any officer authorized to make arrests and weigh vehicles under
the provisions of this chapter may for a period of twenty-four hours with-
out a court order and thereafter upon a written order of the court either
before or after conviction hold the vehicle involved in the overweight
violation, provided the same is not registered with the Division of Motor
Vehicles, until the amount assessed, if after conviction, or subject to be
assessed, if before conviction, together with the cost of holding or storing
of the vehicle, be paid, or until a bond by or on behalf of the offending
person is given for payment as the court may direct of the amount assessed
or to be assessed with surety approved by the court or its clerk.

(c) In the event the amount so assessed be not paid or no bond be
given as provided hereinabove, the vehicle in the overweight violation shall
be stored in a place of security, as may be designated by the owner or
operator of the vehicle. If no place be designated, the officer making the
arrest shall designate the place of storage. The owner or operator shall be
afforded the right of unloading and removing the cargo from such vehicle.
The risk and cost of such storage shall be borne by the owner or operator
of such vehicle.

(d) If within sixty days from the time of the conviction for the
overweight violation, the offending party does not pay the assessment
imposed by this section, together with the cost of storing such vehicle
and cargo, if the cargo is not removed as herein provided, the vehicle
and cargo shall be forfeited to the Commonwealth and sold to satisfy the
assessment and cost of storage.

(e) Upon notification of the failure of such person to pay the
amount assessed, together with the payment of cost of holding such vehicle
under this section, the Division or the Department of State Police may
thereafter deny the offending person the right to operate a motor vehicle
or Nehicles upon the highways of this State until such assessment has been
paid.
(f) The Department of State Police is vested with the same powers
with respect to the enforcement of this section as it has with respect to
the enforcement of the criminal laws of the Commonwealth.

(g) The charge hereinabove specified shall be in addition to any other
liability which may be legally fixed against such owner or operator for
damage to a highway or bridge attributable to such weight violation.