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.