Vermont Statutes Title 23 Sec. 1391a
Terms Used In Vermont Statutes Title 23 Sec. 1391a
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Conviction: means an unvacated final adjudication of guilt, or a final determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated. See
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Municipality: shall include a city, town, town school district, incorporated school or fire district or incorporated village, and all other governmental incorporated units. See
- Owner: shall include any person, corporation, co-partnership, or association holding legal title to a motor vehicle or having exclusive right to the use or control thereof for a period of 30 days or more. See
- Person: includes any natural person, corporation, association, co-partnership, company, firm, or other aggregation of individuals. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- Town: shall include city and wards or precincts therein; "selectboard members" and "board of civil authority" shall extend to and include the mayor and aldermen of cities; "trustees" shall extend to and include bailiffs of incorporated villages; and the laws applicable to the inhabitants and officers of towns shall be applicable to the inhabitants and similar officers of all municipal corporations. See
§ 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.)