CHAPTER 215

An Act to amend and reenact § 46-885.1 of the Code of Virginia and to
amend the Code of Virginia by adding therein § 46-338.2, the amended
and new sections relating to penalties for violations of §§ 46-384,
46-885 and 46-386; and to repeal § 46-888.1 of the Code of Tr 18a]

82]
Approved March 3, 1956

Be it enacted by the General Assembly of Virginia:

1. That § 46-335.1 of the Code of Virginia be amended and reenacted
and that the Code of Virginia be amended by adding § 46-338.2 as follows:

§ 46-335.1. Any violation of §§ 46-334, * 46-835 or 46-336 shall
constitute a misdemeanor and shall be punishable as provided in § 46-18.

_ _ § 46-838.2. Upon conviction of any person, firm or corporation for
violation of any weight limit as provided in this chapter the court shall
assess and collect from the owner or operator of such overweight vehicle
liquidated damages in the amount of two cents per pound for each pound
of excess gross weight over the prescribed limit when the excess is five
thousand pounds or less, and five cents per pound for each pound of excess
gross weight over the prescribed limit when such excess is more than five
thousand pounds. Such sums shall be forwarded to the State Treasurer
and allocated to the fund appropriated for the construction and main-
tenance of State highways.

Any officer authorized to make arrests and weigh vehicles under the
provisions of this chapter may for a period of twenty-fours hours and
thereafter upon order of the court hold the vehicle involved in the over-
weight violation, provided same is not registered in this State, until the
rinaot so assessed be paid into the court or satisfactory bond is given

erefor.

Upon notification of the failure of such person, firm or corporation
to pay the amount assessed under this section the Division or the Depart-
ment of State Police may thereafter deny to the offending person, firm or
corporation the right to operate a motor vehicle or vehicles upon the
highways of this State until such assessment has been paid.

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.

The charge hereinabove specified shall be in addition to any other
liability which may be legally fixed against such owner or operator for
damages to a highway or bridge attributable to such weight violation.
2. § 46-338.1 of the Code of Virginia is repealed.