(a) It is the duty of any officer authorized by law to make arrests, when that officer detects any person engaged in the violation of any of the provisions of §§ 55-7-101 – 55-7-103, or regulations issued thereunder, immediately to place in custody and take the person at once before the nearest judge of the court of general sessions for trial, and it is not lawful for any person to move the vehicle overloaded in violation of §§ 55-7-101 – 55-7-103 until the load has been reduced so as to comply with the provisions or a special permit has been obtained.

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class C misdemeanorup to 30 daysup to $50
For details, see Tenn. Code § 40-35-111

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Terms Used In Tennessee Code 55-7-105

  • Driver: means :
    (A) For purposes of a conventionally operated vehicle, every person who drives or is in actual physical control of a vehicle. See Tennessee Code 55-8-101
  • Owner: means a person who holds the legal title of a vehicle, or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof, with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this chapter and chapter 10, parts 1-5 of this title. See Tennessee Code 55-8-101
  • Person: means a natural person, firm, copartnership, association, corporation, or an engaged ADS. See Tennessee Code 55-8-101
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Vehicle: means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. See Tennessee Code 55-8-101
(b) The failure of the driver or the owner of the vehicle promptly to comply with these provisions is a Class C misdemeanor.