Monday, January 7, 2013

Virginia Overweight Citations: Penalties Against the Driver


Localities in Virginia retain wide discretion on the means in which they enforce the overweight regulations in Virginia. Overweight violations exist in a gray area between civil and criminal law. Technically an overweight violation under Virginia Code §§ 46.2-1124, 46.2-1125, 46.2-1126, 46.2-1139 is considered a civil matter. Most police officers will issue a citation to the trucking company. A civil penalty will be assessed under§ 46.2-1131 and a liquidated damage penalty under §46.2-1135.

Important Notice! Impending Changes in the Rules for Subcontracting Loads

When implemented by regulations to be promulgated by the FMCSA, the “FFIT” (Fighting Fraud in Transportation) statutes will affect the established practices of interlining or convenience interlining of shipments.