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.

Nov 5 Issue

NOTE: New Jersey anti-owner operator bills threaten model.

November 5, 2012 Issue

GOVERNMENT AFFAIRS NEWS

Georgia woman indicted in double-brokering scam By Clarissa Kell-Holland, Land Line

Georgia woman indicted in double-brokering scam By Clarissa Kell-Holland, Land Line

Analysis of Highway Bill

Attached is a PowerPoint explaining the issues covered in the Highway Bill (MAP-21). This outline is prepared by Rick Gobbell, our firm's Safety Consultant. Of particular interest is the EOBR requirement which may be delayed due to continued opposition and a de-funding bill passed by the House. In addition to provisions for new entrants and driver training, there are provisions precluding chameleon carriers and precluding shippers, broker and receivers from coercing drivers to exceed the hours of service.