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.

Virginia Overweight Citations - 21 Days Means 21 Days

            In the Commonwealth of Virginia if your driver or if your company is issued an overweight and/or oversize citation you MUST file a written election to contest with the Virginia Department of Motor Vehicles within 21 days of receiving the citation. If you do not file a written election to contest. the VA DMV will presume you are not contesting the citation and will automatically assess the full amount of the fine against your company and/or driver.