Sec. 7. (a) A court shall determine the extent of liability of the driver, carrier, shipper, or other party shown to be liable.
(b) It is a defense if a party can show that the party:
(1) could not reasonably have known the actual weight of the load involved;
(2) had no access to or control of the loading of an overweighted load;
(3) reasonably relied upon the representation of another party regarding the validity, scope, or allowable weight of a permit issued to the other party under this article; or
(4) received written confirmation from a carrier that the carrier:
(A) had a valid permit for the load; or
(B) was not required to have a permit for the load.
(c) If a person who is an owner, a driver, a carrier or a shipper specifically or directly orders or assigns a particular shipment to be loaded:
(1) the person shall be considered to have had control of the loading within the meaning of this section; and
(2) a showing of knowledge of the overweighted load affixes liability to the person.
(d) The person who has loaded a shipment has control of the loading within the meaning of this section and a showing of knowledge of the overweighted load affixes liability to the person if the person is self-employed. If the person loading a shipment is not self-employed, then liability affixes to the person's employer jointly and severally with the driver of an overweight vehicle.
(e) If a court determines that the owner of a vehicle or combination of vehicles involved in a case is jointly or severally liable, the owner shall be given ninety (90) days to pay the liability assessed by the court. During the ninety (90) days the court may continue the impounding of the equipment until all fines and costs are paid. If the fines and costs are not paid within the ninety (90) days after the court determination, the court may order the property sold to pay the fines and costs.
(f) The court shall determine the liabilities, rights, and remedies of all of the parties involved.
[Pre-1991 Recodification Citations: 9-8-1-13(d); 9-8-1-13(e).]
As added by P.L.2-1991, SEC.8. Amended by P.L.54-2009, SEC.5.
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