Virginia Code 46.2-1138: County ordinances fixing weight limits on roads that have been withdrawn from secondary system.
A. The governing bodies of Arlington and Henrico Counties may adopt ordinances providing weight limits in accordance with the weight limits established by §§ 46.2-1123 through 46.2-1127 for any vehicle or combination of vehicles passing over any such highway under the county’s jurisdiction. Any such ordinance shall provide for the assessment of liquidated damages as to overweight vehicles at rates and amounts not exceeding those applicable to the liquidated damages under § 46.2-1135.
Terms Used In Virginia Code 46.2-1138
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
- Vehicle: means every device in, on or by which any person or property is or may be transported or drawn on a highway, except personal delivery devices and devices moved by human power or used exclusively on stationary rails or tracks. See Virginia Code 46.2-100
B. Such ordinances may also provide that:
1. Upon a finding of a violation of any weight limit prescribed therein, the court shall assess the owner, operator, or other person causing the operation of such overweight vehicle at such rate and amount as is provided in the ordinance;
2. The assessment shall be entered by the court as a judgment for such county;
3. The entry of such judgment shall constitute a lien upon the overweight vehicles;
4. Such sums shall be paid into the treasury of such county, and allocated to the fund appropriated by such county for the construction and maintenance of such roads under its jurisdiction.
C. Such ordinances may include additional provisions relating to payment of such assessment and enforcement powers applicable to such county and corresponding to the provisions of §§ 46.2-1131, 46.2-1133, 46.2-1134, and 46.2-1135, except that civil penalties, liquidated damages, and the weighing fees collected pursuant to such ordinances shall be paid to the county, and the county attorney or his designee shall represent the county in any court proceeding.
1989, c. 727.