(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(B) Violations of § 70.02 are civil traffic violations unless otherwise designated and shall be prosecuted as provided in Chapter 11 of this code.
(Prior Code, § 14-1-3)
(C) (1) A person who violates any of the provisions of §§ 70.40 or 70.41 is subject to a civil sanction unless the ordinance defining the offense provides for a different classification. When the driver is not the owner of the vehicle but is so operating, driving, or moving the same with the express or implied permission of the owner, then the driver and the owner shall be subject to any penalty authorized by this section.
(2) Notwithstanding the provision of section (C)(3) below, a conviction for a violation of § 70.40 in which the weight is 2,501 pounds or greater is a misdemeanor.
(3) The owner and the driver of a vehicle which violates any provision of § 70.40 is subject to a civil sanction. A second violation of said section within six months of the preceding conviction is a Class 3 misdemeanor. A third violation of said section within one year is a Class 2 misdemeanor. In addition to any sanction, penalty, or term of imprisonment which a court may impose, a court shall fine a person the amount which is set forth in the following table.
Excess Weight (Pounds) | The Minimum Fine or Civil Sanction (Dollars) | ||
Class 3 | Class 2 | Class 1 | |
Excess Weight (Pounds) | The Minimum Fine or Civil Sanction (Dollars) | ||
Class 3 | Class 2 | Class 1 | |
1,001 to 1,250 | 50 | 75 | 100 |
1,251 to 1,500 | 100 | 150 | 200 |
1,501 to 2,000 | 150 | 225 | 300 |
2,001 to 2,500 | 200 | 300 | 400 |
2,501 to 3,000 | 200 | 300 | 500 |
3,001 to 3,500 | 600 | ||
3,501 to 4,000 | 660 | ||
4,001 to 4,500 | 720 | ||
4,501 to 5,000 | 760 | ||
5,001 to 5,500 | 800 | ||
5,501 to 6,000 | 840 | ||
6,001 to 6,500 | 880 | ||
6,501 to 7,000 | 920 | ||
7,001 to 7,500 | 960 | ||
7,501 to 8,000 | 1,000 | ||
(4) If any officer finds that the person has violated only the axle weight limitation and not the total weight limitation, the officer shall request the driver to reload the vehicle to comply with the axle weight limitation and if the driver so complies he or she shall not be subject to arrest or fine. If the driver does not comply with the request of the officer to reload, the driver shall be subject to a civil sanction.
(Prior Code, § 14-5-3)