{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/46.2-1134.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/46.2-1134.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/46.2-1134.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/46.2-1134.html"}],"law_id":364756,"edition_id":2,"section_id":364756,"structure_id":52069,"section_number":"46.2-1134","catch_line":"Special overweight seizure provisions; penalty","history":"1986, c. 588, \u00a7 46.1-341.03; 1987, c. 372; 1989, c. 727; 2011, cc. 62, 73.","full_text":"Any officer or size and weight compliance agent authorized to serve process or weigh vehicles under the provisions of this chapter may hold an overweight vehicle without an attachment summons or court order, but only for such time as is reasonably necessary to promptly petition for an attachment summons to attach the vehicle.\n\nAfter finding reasonable cause for the issuance of an attachment summons, the judicial officer conducting the hearing shall inform the operator of the vehicle of his option to either pay the liquidated damages, civil penalty, weighing fee, and processing fee, or contest the charge through the attachment proceeding. If the operator chooses to make payment, he shall do so to the judicial officer who shall transmit the citation, liquidated damages, civil penalty, weighing fee, and processing fee to the Department for distribution in accordance with \u00a7 46.2-1131.\n\nThe Commonwealth shall not be required to post bond in order to attach a vehicle pursuant to this section. The officer or size and weight compliance agent authorized to hold the overweight vehicle pending a hearing on the attachment petition shall also be empowered to execute the attachment summons if issued. Any bond for the retention of the vehicle or for release of the attachment shall be given in accordance with \u00a7 8.01-553 except that the bond shall be taken by a judicial officer. The judicial officer shall return the bond to the clerk of the appropriate court in place of the officer serving the attachment as otherwise provided in \u00a7 8.01-554.\n\nIn the event the civil penalty, liquidated damages, weighing fee, and processing fee are not paid in full, or no bond is given by or for the person charged with the weight violation, the vehicle involved in the weight violation shall be stored in a secure place, as may be designated by the owner or operator of the vehicle. If no place is designated, the officer or size and weight compliance agent executing the attachment summons shall designate the place of storage. The owner or operator shall be afforded the right of unloading and removing the cargo from the vehicle. The risk and cost of the storage shall be borne by the owner or operator of the vehicle.\n\nWhenever an attachment summons is issued for a weight violation, the court shall forward to the Department both a copy of the order disposing of the case and the weight violation citation prepared by the officer or size and weight compliance agent but not served.\n\nUpon notification of the judgment or administrative order entered for such weight violation and notification of the failure of such person to satisfy the judgment or order, the Department or the Department of State Police or any law-enforcement officer or size and weight compliance agent shall thereafter deny the offending person the right to operate a motor vehicle or vehicles upon the highways of the Commonwealth until the judgment or order has been satisfied and a reinstatement fee of $50 has been paid to the Department. Reinstatement fees collected under the provisions of this section shall be paid by the Commissioner into the state treasury and shall be set aside as a special fund to be used to meet the expenses of the Department.\n\nWhen informed that the right to operate the motor vehicle has been denied, the driver shall drive the motor vehicle to a nearby location off the public highways and not move it or permit it to be moved until such judgment or order has been satisfied. Failure by the driver to comply with this provision shall constitute a Class 4 misdemeanor.\n\nAll costs incurred by the Commonwealth and all judgments, if any, against the Commonwealth due to action taken pursuant to this section shall be paid from the fund into which liquidated damages are paid.\n\nPolice officers of the Department of State Police and all other law-enforcement officers are vested with the same powers with respect to the enforcement of this chapter as they have with respect to the enforcement of the criminal laws of the Commonwealth.\n\n","order_by":null,"text":{"0":{"id":1359059,"text":"Any officer or size and weight compliance agent authorized to serve process or weigh vehicles under the provisions of this chapter may hold an overweight vehicle without an attachment summons or court order, but only for such time as is reasonably necessary to promptly petition for an attachment summons to attach the vehicle.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":""},"1":{"id":1359060,"text":"After finding reasonable cause for the issuance of an attachment summons, the judicial officer conducting the hearing shall inform the operator of the vehicle of his option to either pay the liquidated damages, civil penalty, weighing fee, and processing fee, or contest the charge through the attachment proceeding. If the operator chooses to make payment, he shall do so to the judicial officer who shall transmit the citation, liquidated damages, civil penalty, weighing fee, and processing fee to the Department for distribution in accordance with \u00a7 46.2-1131.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"2":{"id":1359061,"text":"The Commonwealth shall not be required to post bond in order to attach a vehicle pursuant to this section. The officer or size and weight compliance agent authorized to hold the overweight vehicle pending a hearing on the attachment petition shall also be empowered to execute the attachment summons if issued. Any bond for the retention of the vehicle or for release of the attachment shall be given in accordance with \u00a7 8.01-553 except that the bond shall be taken by a judicial officer. The judicial officer shall return the bond to the clerk of the appropriate court in place of the officer serving the attachment as otherwise provided in \u00a7 8.01-554.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"3":{"id":1359062,"text":"In the event the civil penalty, liquidated damages, weighing fee, and processing fee are not paid in full, or no bond is given by or for the person charged with the weight violation, the vehicle involved in the weight violation shall be stored in a secure place, as may be designated by the owner or operator of the vehicle. If no place is designated, the officer or size and weight compliance agent executing the attachment summons shall designate the place of storage. The owner or operator shall be afforded the right of unloading and removing the cargo from the vehicle. The risk and cost of the storage shall be borne by the owner or operator of the vehicle.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"4":{"id":1359063,"text":"Whenever an attachment summons is issued for a weight violation, the court shall forward to the Department both a copy of the order disposing of the case and the weight violation citation prepared by the officer or size and weight compliance agent but not served.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"5":{"id":1359064,"text":"Upon notification of the judgment or administrative order entered for such weight violation and notification of the failure of such person to satisfy the judgment or order, the Department or the Department of State Police or any law-enforcement officer or size and weight compliance agent shall thereafter deny the offending person the right to operate a motor vehicle or vehicles upon the highways of the Commonwealth until the judgment or order has been satisfied and a reinstatement fee of $50 has been paid to the Department. Reinstatement fees collected under the provisions of this section shall be paid by the Commissioner into the state treasury and shall be set aside as a special fund to be used to meet the expenses of the Department.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"6":{"id":1359065,"text":"When informed that the right to operate the motor vehicle has been denied, the driver shall drive the motor vehicle to a nearby location off the public highways and not move it or permit it to be moved until such judgment or order has been satisfied. Failure by the driver to comply with this provision shall constitute a Class 4 misdemeanor.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"7":{"id":1359066,"text":"All costs incurred by the Commonwealth and all judgments, if any, against the Commonwealth due to action taken pursuant to this section shall be paid from the fund into which liquidated damages are paid.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"8":{"id":1359067,"text":"Police officers of the Department of State Police and all other law-enforcement officers are vested with the same powers with respect to the enforcement of this chapter as they have with respect to the enforcement of the criminal laws of the Commonwealth.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":""}},"ancestry":[{"id":52069,"edition_id":2,"name":"Maximum Vehicle Weights","identifier":"17","label":"article","depth":4,"order_by":17,"parent_id":52052,"metadata":{"child_laws":23,"child_structures":0},"date_created":"2026-08-02 02:52:45","date_modified":"2026-08-02 12:34:14","permalink":{"id":1455899,"object_type":"structure","relational_id":52069,"identifier":"17","token":"46.2\/III\/10\/17","url":"\/46.2\/III\/10\/17\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52052,"edition_id":2,"name":"Motor Vehicle and Equipment Safety","identifier":"10","label":"chapter","depth":3,"order_by":2,"parent_id":52051,"metadata":{"child_laws":265,"child_structures":23},"date_created":"2026-08-02 02:52:29","date_modified":"2026-08-02 12:34:11","permalink":{"id":1455601,"object_type":"structure","relational_id":52052,"identifier":"10","token":"46.2\/III\/10","url":"\/46.2\/III\/10\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52051,"edition_id":2,"name":"Operation","identifier":"III","label":"subtitle","depth":2,"order_by":3,"parent_id":52048,"metadata":{"child_laws":589,"child_structures":55},"date_created":"2026-08-02 02:52:29","date_modified":"2026-08-02 12:34:07","permalink":{"id":1455599,"object_type":"structure","relational_id":52051,"identifier":"III","token":"46.2\/III","url":"\/46.2\/III\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52048,"edition_id":2,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":101,"parent_id":null,"metadata":{"child_laws":1830,"child_structures":157},"date_created":"2026-08-02 02:52:29","date_modified":"2026-08-02 12:34:02","permalink":{"id":1452291,"object_type":"structure","relational_id":52048,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":364739,"structure_id":52069,"section_number":"46.2-1122","catch_line":"Definitions","url":"\/46.2-1122\/","token":"46.2\/III\/10\/17\/46.2-1122","metadata":false},{"id":364740,"structure_id":52069,"section_number":"46.2-1123","catch_line":"Weight of vehicles and loads","url":"\/46.2-1123\/","token":"46.2\/III\/10\/17\/46.2-1123","metadata":false},{"id":364741,"structure_id":52069,"section_number":"46.2-1124","catch_line":"Maximum single axle weight, generally; maximum weight per inch of tire width","url":"\/46.2-1124\/","token":"46.2\/III\/10\/17\/46.2-1124","metadata":false},{"id":364742,"structure_id":52069,"section_number":"46.2-1125","catch_line":"Maximum tandem axle weight, generally","url":"\/46.2-1125\/","token":"46.2\/III\/10\/17\/46.2-1125","metadata":false},{"id":364743,"structure_id":52069,"section_number":"46.2-1126","catch_line":"Maximum gross weight, generally","url":"\/46.2-1126\/","token":"46.2\/III\/10\/17\/46.2-1126","metadata":false},{"id":364745,"structure_id":52069,"section_number":"46.2-1127","catch_line":"Weight limits for vehicles using interstate highways","url":"\/46.2-1127\/","token":"46.2\/III\/10\/17\/46.2-1127","metadata":false},{"id":364744,"structure_id":52069,"section_number":"46.2-1127.1","catch_line":"Weight limit exception for certain emergency vehicles using the interstate highways","url":"\/46.2-1127.1\/","token":"46.2\/III\/10\/17\/46.2-1127.1","metadata":false},{"id":364746,"structure_id":52069,"section_number":"46.2-1128","catch_line":"Extensions of weight limits; fees","url":"\/46.2-1128\/","token":"46.2\/III\/10\/17\/46.2-1128","metadata":false},{"id":364749,"structure_id":52069,"section_number":"46.2-1129","catch_line":"Further extensions of weight limits for certain vehicles hauling Virginia-grown farm or forest products","url":"\/46.2-1129\/","token":"46.2\/III\/10\/17\/46.2-1129","metadata":false},{"id":364747,"structure_id":52069,"section_number":"46.2-1129.1","catch_line":"Further extension of weight limits for certain vehicles utilizing an auxiliary power unit or other idle reduction technology","url":"\/46.2-1129.1\/","token":"46.2\/III\/10\/17\/46.2-1129.1","metadata":false},{"id":364748,"structure_id":52069,"section_number":"46.2-1129.2","catch_line":"Further extension of weight limits for vehicles fueled by natural gas or powered by means of electric battery power","url":"\/46.2-1129.2\/","token":"46.2\/III\/10\/17\/46.2-1129.2","metadata":false},{"id":364752,"structure_id":52069,"section_number":"46.2-1130","catch_line":"Crossing bridge or culvert by vehicle heavier than allowed; where weight signs to be erected","url":"\/46.2-1130\/","token":"46.2\/III\/10\/17\/46.2-1130","metadata":false},{"id":364751,"structure_id":52069,"section_number":"46.2-1130.1","catch_line":"Overweight permits granted to cross bridges and culverts by certain emergency response vehicles responding to an emergency call","url":"\/46.2-1130.1\/","token":"46.2\/III\/10\/17\/46.2-1130.1","metadata":false},{"id":364753,"structure_id":52069,"section_number":"46.2-1131","catch_line":"Penalty for violation of weight limits","url":"\/46.2-1131\/","token":"46.2\/III\/10\/17\/46.2-1131","metadata":false},{"id":364754,"structure_id":52069,"section_number":"46.2-1132","catch_line":"Service of process in weight violation cases","url":"\/46.2-1132\/","token":"46.2\/III\/10\/17\/46.2-1132","metadata":false},{"id":364755,"structure_id":52069,"section_number":"46.2-1133","catch_line":"Special processing provisions for overweight violations","url":"\/46.2-1133\/","token":"46.2\/III\/10\/17\/46.2-1133","metadata":false},{"id":364756,"structure_id":52069,"section_number":"46.2-1134","catch_line":"Special overweight seizure provisions; penalty","url":"\/46.2-1134\/","token":"46.2\/III\/10\/17\/46.2-1134","metadata":false},{"id":364757,"structure_id":52069,"section_number":"46.2-1135","catch_line":"(Contingent effective date -- see note*) Liquidated damages for violation of weight limits","url":"\/46.2-1135\/","token":"46.2\/III\/10\/17\/46.2-1135","metadata":false},{"id":364758,"structure_id":52069,"section_number":"46.2-1136","catch_line":"Procedures for issuing and serving process in overweight vehicle cases","url":"\/46.2-1136\/","token":"46.2\/III\/10\/17\/46.2-1136","metadata":false},{"id":364759,"structure_id":52069,"section_number":"46.2-1137","catch_line":"Weighing vehicles; procedure; shifting loads; unloading excess load; weighing fee; certificate as to accuracy of scales admissible in evidence; penalties","url":"\/46.2-1137\/","token":"46.2\/III\/10\/17\/46.2-1137","metadata":false},{"id":364762,"structure_id":52069,"section_number":"46.2-1138","catch_line":"County ordinances fixing weight limits on roads that have been withdrawn from secondary system","url":"\/46.2-1138\/","token":"46.2\/III\/10\/17\/46.2-1138","metadata":false},{"id":364760,"structure_id":52069,"section_number":"46.2-1138.1","catch_line":"City ordinances fixing weight limits on certain roads","url":"\/46.2-1138.1\/","token":"46.2\/III\/10\/17\/46.2-1138.1","metadata":false},{"id":364761,"structure_id":52069,"section_number":"46.2-1138.2","catch_line":"Town ordinances concerning weight limits on certain roads","url":"\/46.2-1138.2\/","token":"46.2\/III\/10\/17\/46.2-1138.2","metadata":false}],"previous_section":{"id":364755,"structure_id":52069,"section_number":"46.2-1133","catch_line":"Special processing provisions for overweight violations","url":"\/46.2-1133\/","token":"46.2\/III\/10\/17\/46.2-1133","metadata":false},"next_section":{"id":364757,"structure_id":52069,"section_number":"46.2-1135","catch_line":"(Contingent effective date -- see note*) Liquidated damages for violation of weight limits","url":"\/46.2-1135\/","token":"46.2\/III\/10\/17\/46.2-1135","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-1134\/","history_text":"

This law was first created in 1986. The record of its establishment is cataloged in chapter 588 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1986 \u201cActs\u201d aren\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1987, chapter 372; in 1989, chapter 727; in 2011, chapters 62<\/a> and 73<\/a>.<\/p>","references":[{"id":364762,"section_number":"46.2-1138","catch_line":"County ordinances fixing weight limits on roads that have been withdrawn from secondary system","order_by":null,"url":"\/46.2-1138\/"},{"id":364760,"section_number":"46.2-1138.1","catch_line":"City ordinances fixing weight limits on certain roads","order_by":null,"url":"\/46.2-1138.1\/"},{"id":364761,"section_number":"46.2-1138.2","catch_line":"Town ordinances concerning weight limits on certain roads","order_by":null,"url":"\/46.2-1138.2\/"},{"id":365430,"section_number":"46.2-217","catch_line":"Enforcement of laws by Commissioner; authority of officers","order_by":null,"url":"\/46.2-217\/"}],"refers_to":[{"id":364753,"section_number":"46.2-1131","catch_line":"Penalty for violation of weight limits","order_by":null,"url":"\/46.2-1131\/"},{"id":377555,"section_number":"8.01-553","catch_line":"Bonds for retention of property or release of attachment; revising bonds mentioned in this and \u00a7 8.01-551","order_by":null,"url":"\/8.01-553\/"},{"id":377556,"section_number":"8.01-554","catch_line":"Where bond returned and filed; exceptions to bond","order_by":null,"url":"\/8.01-554\/"}],"permalink":{"id":1455965,"object_type":"law","relational_id":364756,"identifier":"46.2-1134","token":"46.2\/III\/10\/17\/46.2-1134","url":"\/46.2-1134\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/46.2-1134\/","token":"46.2\/III\/10\/17\/46.2-1134","dublin_core":{"Title":"Special overweight seizure provisions; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-1134","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Any officer or size and weight compliance agent<\/span> authorized to serve process or weigh vehicles<\/span> under the provisions of this chapter may hold an overweight vehicle<\/span> without an attachment<\/span> summons<\/span> or court order<\/span>, but only for such time as is reasonably necessary to promptly petition<\/span> for an attachment<\/span> summons<\/span> to attach the vehicle<\/span>.<\/p>

After finding<\/span> reasonable cause for the issuance of an attachment<\/span> summons<\/span>, the judicial officer conducting the hearing<\/span> shall inform the operator<\/span> of the vehicle<\/span> of his option to either pay the liquidated damages<\/span>, civil penalty<\/span>, weighing fee, and processing fee, or contest the charge through the attachment<\/span> proceeding. If the operator<\/span> chooses to make payment, he shall do so to the judicial officer who shall transmit the citation<\/span>, liquidated damages<\/span>, civil penalty<\/span>, weighing fee, and processing fee to the Department<\/span> for distribution in accordance with \u00a7 46.2-1131<\/a>.<\/p>

The Commonwealth shall not be required to post bond<\/span> in order to attach a vehicle<\/span> pursuant to this section. The officer or size and weight compliance agent<\/span> authorized to hold the overweight vehicle<\/span> pending a hearing<\/span> on the attachment<\/span> petition<\/span> shall also be empowered to execute the attachment<\/span> summons<\/span> if issued. Any bond<\/span> for the retention of the vehicle<\/span> or for release of the attachment<\/span> shall be given in accordance with \u00a7 8.01-553<\/a> except that the bond<\/span> shall be taken by a judicial officer. The judicial officer shall return the bond<\/span> to the clerk of the appropriate court in place of the officer serving the attachment<\/span> as otherwise provided in \u00a7 8.01-554<\/a>.<\/p>

In the event the civil penalty<\/span>, liquidated damages<\/span>, weighing fee, and processing fee are not paid in full, or no bond<\/span> is given by or for the person charged with the weight violation, the vehicle<\/span> involved in the weight violation shall be stored in a secure place, as may be designated by the owner<\/span> or operator<\/span> of the vehicle<\/span>. If no place is designated, the officer or size and weight compliance agent<\/span> executing the attachment<\/span> summons<\/span> shall designate the place of storage. The owner<\/span> or operator<\/span> shall be afforded the right of unloading and removing the cargo from the vehicle<\/span>. The risk and cost of the storage shall be borne by the owner<\/span> or operator<\/span> of the vehicle<\/span>.<\/p>

Whenever an attachment<\/span> summons<\/span> is issued for a weight violation, the court shall forward to the Department<\/span> both a copy of the order disposing of the case and the weight violation citation<\/span> prepared by the officer or size and weight compliance agent<\/span> but not served.<\/p>

Upon notification of the judgment<\/span> or administrative order entered for such weight violation and notification of the failure of such person to satisfy the judgment<\/span> or order, the Department<\/span> or the Department<\/span> of State Police or any law<\/span>-enforcement officer<\/span> or size and weight compliance agent<\/span> shall thereafter deny the offending person the right to operate a motor vehicle<\/span> or vehicles<\/span> upon the highways<\/span> of the Commonwealth until the judgment<\/span> or order has been satisfied and a reinstatement fee of $50 has been paid to the Department<\/span>. Reinstatement fees collected under the provisions of this section shall be paid by the Commissioner<\/span> into the state treasury and shall be set aside as a special fund to be used to meet the expenses of the Department<\/span>.<\/p>

When informed that the right to operate the motor vehicle<\/span> has been denied, the driver<\/span> shall drive the motor vehicle<\/span> to a nearby location off the public highways<\/span> and not move it or permit it to be moved until such judgment<\/span> or order has been satisfied. Failure by the driver<\/span> to comply with this provision shall constitute a Class 4 misdemeanor<\/span>.<\/p>

All costs incurred by the Commonwealth and all judgments<\/span>, if any, against the Commonwealth due to action taken pursuant to this section shall be paid from the fund into which liquidated damages<\/span> are paid.<\/p>

Police officers of the Department<\/span> of State Police and all other law<\/span>-enforcement officers<\/span> are vested with the same powers with respect to the enforcement of this chapter as they have with respect to the enforcement of the criminal laws<\/span> of the Commonwealth.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSPECIAL OVERWEIGHT SEIZURE PROVISIONS; PENALTY (\u00a7 46.2-1134)\n\nAny officer or size and weight compliance agent authorized to serve process or\nweigh vehicles under the provisions of this chapter may hold an overweight\nvehicle without an attachment summons or court order, but only for such time as\nis reasonably necessary to promptly petition for an attachment summons to attach\nthe vehicle.\n\nAfter finding reasonable cause for the issuance of an attachment summons, the\njudicial officer conducting the hearing shall inform the operator of the vehicle\nof his option to either pay the liquidated damages, civil penalty, weighing fee,\nand processing fee, or contest the charge through the attachment proceeding. If\nthe operator chooses to make payment, he shall do so to the judicial officer who\nshall transmit the citation, liquidated damages, civil penalty, weighing fee,\nand processing fee to the Department for distribution in accordance with \u00a7\n46.2-1131.\n\nThe Commonwealth shall not be required to post bond in order to attach a vehicle\npursuant to this section. The officer or size and weight compliance agent\nauthorized to hold the overweight vehicle pending a hearing on the attachment\npetition shall also be empowered to execute the attachment summons if issued.\nAny bond for the retention of the vehicle or for release of the attachment shall\nbe given in accordance with \u00a7 8.01-553 except that the bond shall be taken by a\njudicial officer. The judicial officer shall return the bond to the clerk of the\nappropriate court in place of the officer serving the attachment as otherwise\nprovided in \u00a7 8.01-554.\n\nIn the event the civil penalty, liquidated damages, weighing fee, and processing\nfee are not paid in full, or no bond is given by or for the person charged with\nthe weight violation, the vehicle involved in the weight violation shall be\nstored in a secure place, as may be designated by the owner or operator of the\nvehicle. If no place is designated, the officer or size and weight compliance\nagent executing the attachment summons shall designate the place of storage. The\nowner or operator shall be afforded the right of unloading and removing the\ncargo from the vehicle. The risk and cost of the storage shall be borne by the\nowner or operator of the vehicle.\n\nWhenever an attachment summons is issued for a weight violation, the court shall\nforward to the Department both a copy of the order disposing of the case and the\nweight violation citation prepared by the officer or size and weight compliance\nagent but not served.\n\nUpon notification of the judgment or administrative order entered for such\nweight violation and notification of the failure of such person to satisfy the\njudgment or order, the Department or the Department of State Police or any\nlaw-enforcement officer or size and weight compliance agent shall thereafter\ndeny the offending person the right to operate a motor vehicle or vehicles upon\nthe highways of the Commonwealth until the judgment or order has been satisfied\nand a reinstatement fee of $50 has been paid to the Department. Reinstatement\nfees collected under the provisions of this section shall be paid by the\nCommissioner into the state treasury and shall be set aside as a special fund to\nbe used to meet the expenses of the Department.\n\nWhen informed that the right to operate the motor vehicle has been denied, the\ndriver shall drive the motor vehicle to a nearby location off the public\nhighways and not move it or permit it to be moved until such judgment or order\nhas been satisfied. Failure by the driver to comply with this provision shall\nconstitute a Class 4 misdemeanor.\n\nAll costs incurred by the Commonwealth and all judgments, if any, against the\nCommonwealth due to action taken pursuant to this section shall be paid from the\nfund into which liquidated damages are paid.\n\nPolice officers of the Department of State Police and all other law-enforcement\nofficers are vested with the same powers with respect to the enforcement of this\nchapter as they have with respect to the enforcement of the criminal laws of the\nCommonwealth.\n\nHISTORY: 1986, c. 588, \u00a7 46.1-341.03; 1987, c. 372; 1989, c. 727; 2011, cc. 62,\n73.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}