Friday, December 10, 2010
Recently, we have had two clients who both received overweight citations despite having valid Virginia hauling permits. Both motor carriers failed to carefully read the large amount of fine print attached to the permit and made mistakes which resulted in costs which could have been avoided.
The first motor carrier failed to note that Virginia Hauling Permits only apply to state roads and do not allow a motor carrier to travel on roads owned by a county or other local municipality. The carrier was stopped two blocks from its destination because it failed to obtain a permit from the city of Portsmouth for the oversized and overweight farm machinery it was delivering.
The second motor carrier was traveling on its designated route but failed to note the structure restrictions listed on the permit and allegedly crossed two bridges on I-66 without a proper escort. The carrier was stopped and received a citation from a Virginia State Trooper.
Frequently, police officers will issue overweight and oversized citations to the driver and not to the motor carrier. Overweight and oversized violations are class one misdemeanors in Virginia which means that unless a compromise is worked out beforehand, the driver must appear on the hearing date. This places logistical and monetary costs on a motor carrier to route its driver back to Virginia for the hearing in addition to legal fees for the defense.
I was able to successfully defend both motor carriers from the citations they received, but both tickets could have been avoided if the carriers had taken the time to read the permit carefully. If you are planning an oversized or overweight move in Virginia, please ensure you read the fine print on the Hauling Permit as well as the terms of the Virginia Hauling Permit Manual which can be found on the Virginia Department of Motor Vehicle’s website at:
If you have received an overweight or oversized citation in Virginia our firm has the experience needed to defend you, contact us today!
Jeffrey E. Cox, Esq.