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Searching 2021-2022 Session

The Vermont Statutes Online

 

Title 23 : Motor Vehicles

Chapter 013 : OPERATION OF VEHICLES

Subchapter 015 : Weight, Size, Loads

(Cite as: 23 V.S.A. § 1391a)
  • § 1391a. Penalties for overweight operation

    (a) Civil penalties for violations of the following statutory sections shall be in accordance with the schedule established in this section:

       

        Statutory Citation      Name of Offense

        23 V.S.A. § 1391       Tire and axle limits

        23 V.S.A. § 1392       Gross limits on highways

        23 V.S.A. § 1399       Construction and maintenance equipment; fire

       apparatus

        23 V.S.A. § 1400       Permit to operate in excess of weight and size

                                           limits; State highways

        23 V.S.A § 1400a      Special local highway and bridge limits;

                                           reimbursement for damages; special permits

        23 V.S.A. § 1407       Operation of overweight vehicles

        23 V.S.A. § 1408       Operating vehicle in excess of registered capacity

    (b)(1) For violation of each of the statutory sections listed in subsection (a) of this section, civil penalties shall be imposed as follows:

    $15.00 for each 1,000 lbs. or portion thereof overweight for the first 5,000 lbs. overweight;

    $30.00 for each 1,000 lbs. or portion thereof overweight when the gross overweight is more than 5,000 lbs. and less than 10,001 lbs.;

    $45.00 for each 1,000 lbs. or portion thereof overweight when the gross overweight is more than 10,000 lbs. and less than 15,001 lbs.;

    $60.00 for each 1,000 lbs. or portion thereof overweight when the gross overweight is more than 15,000 lbs. and less than 20,001 lbs.;

    $90.00 for each 1,000 lbs. or portion thereof overweight when the gross overweight is more than 20,000 lbs. and less than 25,001 lbs.; and

    $150.00 for each 1,000 lbs. or portion thereof overweight when the gross overweight is more than 25,000 lbs.

    (2) Civil penalties for subsequent violations of subchapter 15, article 1 of this chapter shall be computed in accordance with subdivision (b)(1) of this section with the following percentage increases:

    (A) upon a second conviction of a violation occurring within one year, five percent;

    (B) upon a third conviction of a violation occurring within one year, ten percent;

    (C) upon a fourth or subsequent conviction occurring within one year, 15 percent.

    (3) In the calculation of gross overweight, the weight allowed by registration or permit, whichever is greater, shall be the basis. The tolerances allowed by sections 1391, 1392, 1408, and 1410 of this title shall not be considered in the calculation of gross overweight.

    (c) Notwithstanding any other provisions of law to the contrary, in a prosecution for a violation of those statutes listed in subsection (a) of this section, the proper defendant shall be either the owner or lessee of the vehicle or the person who moves or operates the vehicle.

    (d) Civil penalties imposed for violations of this section shall be deposited in the Transportation Fund, unless the civil penalties are the result of enforcement actions on a town highway by an enforcement officer employed by or under contract with the municipality, in which case the civil penalty shall be paid to the municipality, except for an administrative charge for each case in the amount specified in 13 V.S.A. § 7251, which shall be retained by the State. (Added 1977, No. 177 (Adj. Sess.), § 1, eff. May 1, 1978; amended 1983, No. 86, § 2; 1983, No. 192 (Adj. Sess.), § 1, eff. April 27, 1984; 1989, No. 51, § 43; 1993, No. 186 (Adj. Sess.), § 1; 1995, No. 119 (Adj. Sess.), § 4, eff. April 25, 1996; 1997, No. 120 (Adj. Sess.), § 9a; 1999, No. 154 (Adj. Sess.), § 34; 2015, No. 158 (Adj. Sess.), § 72; 2019, No. 131 (Adj. Sess.), § 202.)