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2002 Ordinances
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2002 Ordinances
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2/6/2009 3:39:17 PM
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4/18/2002 5:23:11 PM
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(c) Should the officer find that the Weight of any ~ehicle and its load is greater <br />than that permitted by law or that the weight of the load carried in or on such vehicle is <br />greater than that which the vehicle is licensed to carry under the provisions of this title, <br />he may require the driver to unload, at the nearest place where the property unloaded may <br />be stored or transferred to another vehicle, such portion of the load as may be necessary <br />to decrease the gross weight of the vehicle to the maximum therefor permitted by this <br />title. Any property so unloaded shall be stored or cared for by the owner or operator of <br />the overweighi vehicle at the risk of such owner or operator. <br /> <br /> (d) However, notwithstanding the provisions of §§ 46.2-1122 through 46.2- <br />1127 of the Code of Virginia, should the officer find that the gross weight of the vehicle <br />and its load is within limits permitted under this title and does not exceed the limit for <br />which the vehicle is registered, but that the axle weight of any axle or axles of the vehicle <br />exceeds that permitted under this title, the driver shall be allowed one hour to shift his <br />load within or on that same vehicle in order to bring the axle weight or axle weights <br />within proper limits. However, liquidated damages shall be assessed under § 22-271.4 <br />based on the weight prior to shifting the load, unless the load can be successfully shifted <br />to bring the vehicle's axle weight within limits permitted under this title by (i) sliding the <br />axle or axles of the semitrailer or the fifih wheel of the tractor track, (ii) repositioning the <br />load if the motor vehicle is transporting off-the-road mobile construction equipment, or <br />(iii) adjusting the load if the vehicle is operating on non-interstate highways and qualifies <br />for weight extensions pursuant to § 46.2-1129 of the Code of Virginim Such load shifting <br />shall be performed at the site where the vehicle was weighed and found to exceed <br />allowable axle weight limits. No such load shifting shall be allowed if such load is <br />required to be placarded as defined in §10.1-1450 of the Code of Virginia and consists of <br />hazardous material as defined in § 10.1-1400 of the Code of Virginia. <br /> <br /> (e) If the driver of an overloaded vehicle is convicted, forfeits bail, or <br />purchases an increased license as a result of such weighing, the court in addition to all <br />other penalties shall assess and collect a weighing fee of two dollars from the o~vner or <br />operator of the vehicle and shall forward such fee to the city treasurer. Upon receipt of <br />the fee, the city treasurer shall allocate the same to the fund appropriated for the <br />administration and maintenance of the police department. <br /> <br /> (f) In any court or legal proceedings in which any question arises as to the <br />calibration or accuracy of any such scales at permanent weighing stations or wheel load <br />weighers, a certificate, executed and signed under oath by the inspector calibrating or <br />testing such device as to its accuracy as well as to the accuracy of the test weights used in <br />such test, and stating the date of such test, type of test and results of testing, shall be <br />admissible when attested by one such inspector who executed and signed it as evidence <br />of the facts therein stated and the results of such testing. <br /> <br /> <br />
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