CHAPTER 612

AN ACT to amend and reenact § 46-3838.2 of the Code of Virginia, relating
to the assessment and manner of collecting liquidated damages for
violation of weight limits.

{S 287]

Approved March 29, 1958

Be it enacted by the General Assembly of Virginia:

1. That § 46-338.2 of the Code of Virginia be amended and reenacted to
read as follows:

§ 46-338.2.—(a) Upon conviction of any person * for violation of any
weight limit as provided in this chapter 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 when the excess is five thou-
sand pounds or less, and five cents per pound for each pound of excess *
weight over the prescribed limit when such excess is more than five
thousand pounds. 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 construc-
tion and maintenance of State highways.

(b) Any officer authorized to make arrests and weigh vehicles under
the provisions of this chapter may for a period of twenty-four hours
without a court order and thereafter upon a written order of the court
either before or after conviction hold the vehicle involved in the over-
weight violation, provided the same is not registered * with the Division
of Motor Vehicles, until the amount * assessed *, if after conviction, or sub-
ject 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
groin’ 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 involved 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 as-
sessment 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 there-
after deny * the offending person * the right to operate a motor vehicle
re venice upon the highways of this State until such assessment has

nm 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.