CHAPTER 600

AN ACT to amend the Code of Virginia by adding § 46-340.1 thereto relat-
ing to the reduction of weight, size and speed of vehicles on certain
highways and streets, and to repeal §§ 46-340 and 46-341 relating
to the same subject.

ra Qras
Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding § 46-340.1 to read
as follows:

§ 46-340.1. The State Highway Commissioner, acting through district
or resident engineers, may prescribe the weight, width, height, length or
speed of any vehicle or combination of vehicles passing over any highway
or section of highway or bridge constituting a part of the State Highway
System, Interstate System of Highways or Secondary System of State
highways less than those prescribed in this title whenever an engineering
study discloses that it would promote the safety of travel or is necessary
for the protection of any such highway.

If the reduction of limits as herein provided is to be effective for
a period exceeding ninety days, the State Highway Commission shall effect
such reduction by resolution to be recorded in the minutes of its meeting.
If the reduction is necessary for the temporary protection of the highway
or safety of travel, no such resolution need be passed, but no such tempo-
rary reduction shall be effective for a period exceeding ninety days. In
instances where the limits are to be temporarily reduced, the resident
engineer for the Department of Highways in the county wherein such
road is situate shall immediately notify the Chief Engineer for the De-
partment of Highways at the Central Office in Richmond of such reduc-
tion, who shall either affirm or rescind the action of reducing such limits
within five days from the date the limits have been posted as hereinafter
provided. A list of all roads whereon there has been a reduction of limits
as herein provided shall be kept on file at the Central Office of the Depart-
ment of Highways. Anyone aggrieved by such reduction of limits may
appeal directly to the State Highway Commissioner for redress, and if
the State Highway Commissioner affirms the action of reducing such
limits, the State Highway Commission shall afford any such aggrieved
person the opportunity of being heard at its next regular meeting.

The local authorities of cities, towns and counties, where the high-
ways or streets are under their jurisdiction, may adopt rules and regula-
tions or pass ordinances, as the case may be, decreasing the weight limits
prescribed in this title for a total period not to exceed ninety days in any
calendar year, when an engineering study discloses that operation over
such highways or streets by reason of deterioration, rain, snow or other
climatic conditions will seriously damage such highways or streets unless
such weights are reduced.

In all instances where the limits for weight, size or speed have been
reduced by the State Highway Commissioner or the weights have been
reduced by local authorities, pursuant to this section, signs stating the
weight, height, width, length or speed, as the case may be, permitted on
such highway or street, shall be erected at each end of the section of
highway or street affected and no such reduced limits shall be effective
until such signs have been posted.

It shall be unlawful to operate a vehicle or combination of vehicles
over or upon any public highway, street or section thereof when the weight,
size or speed thereof exceeds the maximum posted by authority of the
aes Highway Commissioner * or local authorities pursuant to this
section.

Any person convicted of a violation of any provision of this section
shall be punished by a fine of not less than ten dollars nor more than
five hundred dollars or be confined in jail for not less than one day nor
more than six months, or both, and the vehicle or combination of vehicles
involved in such violation may be held upon an order of the court until all
fines and cost have been satisfied.

This section shall not be construed to apply when it is proven by the
person accused of the violation thereof that the journey was the initial
or sole journey upon the section of the road posted for reduced weight
limits, subsequent to the time the signs were posted thereon.

2. That §§ 46-340 and 46-341 be hereby repealed. ;

3. An emergency exists and this act is in force from its passage.