§ 1391a. Penalties for overweight operation

(a) 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) Fine Schedule

(1) For violation of each of the above statutory sections, fines 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) Fines for subsequent violations of subchapter 15, Article 1 of this title 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) Fines imposed for violations of this section shall be deposited in the Transportation Fund, unless the fines 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 fine 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.)