46.2-1138.1 - City ordinances fixing weight limits on certain roads. - Virginia Statutes

§ 46.2-1138.1. City ordinances fixing weight limits on certain roads.

The governing body of any city may adopt ordinances providing weight limitsin accordance with the weight limits established by §§ 46.2-1123 through46.2-1127 for any vehicle or combination of vehicles passing over any suchroads under the jurisdiction of such city, and providing further for theassessment of liquidated damages as to overweight vehicles at rates andamounts not exceeding those applicable to the liquidated damages under §46.2-1135. Such ordinances may provide:

Upon a finding of a violation of any weight limit prescribed therein, thecourt shall assess the owner, operator or other person causing the operationof such overweight vehicle at such rate and amount as may be provided in suchordinance;

The assessment shall be entered by the court as a judgment for such city;

The entry of such judgment shall constitute a lien upon the overweightvehicles;

Such sums shall be paid into the treasury of such city, and allocated to thefund appropriated by such city for the construction and maintenance of suchroads under its jurisdiction.

Such ordinances may include additional provisions relating to payment of suchassessment and enforcement powers applicable to such city and correspondingto the provisions of §§ 46.2-1131, 46.2-1133, 46.2-1134 and 46.2-1135, exceptthat civil penalties, liquidated damages and weighing fees collected pursuantto such ordinances shall be paid to the city, and the city attorney or hisdesignee shall represent the city in any court proceeding.

(1960, c. 218, § 46.1-342.1; 1986, c. 588; 1987, c. 372; 1989, cc. 685, 727.)