§ 1391a.
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§ 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
(1)of this subsection 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; and
(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; 2025, No. 18, § 42, eff. May 13, 2025.)