(A) Authority of police officers.
(1) Any police officer having reason to believe the size or weight of a commercial motor vehicle and load being operated on a highway is unlawful may require the driver to stop and submit to a measurement or weighing, or both, of the vehicle by means of either portable or stationary scales or measuring devices in accordance with methods of weighing established by rules and regulations compiled by experts in the field of weights and measures.
(2) As used in this section, POLICE OFFICER means any uniformed police officer.
(Anno. Code (1951), § 278; 1951, Ch. 311, § 254; 1953, Ch. 166; 1955, Chs. 204 and 443; 1963, Ch. 895; 1964, Ch. 192; 1965, Ch. 410; 1966, Ch. 720, § 4; 1967, Ch. 680; 1969, Ch. 534; 1970, Ch. 534, § 1)
(B) Weighing and measurement procedures.
(1) Measurement or weighing of commercial vehicles. The driver of every commercial motor vehicle directed to do so by any sign or by any police officer shall stop his vehicle and submit it to measurement or weighing, or both, by means of either portable or stationary scales or measuring devices. Operation of the vehicle upon any highway of this state shall signify the consent of the driver and of the owner of the vehicle to submit to the measurement and weighing. The signs may be displayed only by officers and civilian employees of the Department of Maryland State Police or Sheriff’s Office assigned to enforce this subchapter.
(2) Removal of excess weight; first offense leniency for carriers of indivisible or perishable loads; tolerances for milk carriers. Whenever, upon the measuring or weighing of a vehicle and load, the vehicle is found to be in violation of the law, a police officer may require the driver to remove the excess weight if the overweight does not exceed 5,000 pounds. If the overweight exceeds 5,000 pounds, the vehicle must be unloaded until the vehicle complies with the applicable law before the vehicle can be moved, and all material or cargo so unloaded shall be cared for by the owner or operator of the vehicle at the risk of the owner or operator; provided, however, that on the first offense by a person operating a vehicle which has an indivisible load, the vehicle may be allowed to proceed after obtaining a permit from the County Roads Supervisor, but on second or subsequent offenses, the vehicle carrying the indivisible load must return to the place of entry or origin in the state after obtaining a permit from the County Roads Supervisor to do so and provided, further, that a vehicle violating the law and carrying as its full load perishable products shall for the first offense only by the person operating the vehicle, be allowed to proceed to the destination, but for a second or subsequent offense within any 1 calendar year, the products must be unloaded before the vehicle can be moved. Vehicles bearing valid registration plates issued by this state and transporting liquid milk in bulk from the producer may receive a 5% tolerance on the applicable registration or statutory gross weight limit, but in no event shall the registration or statutory gross weight limit, including the 5% tolerance, exceed a total of 73,280 pounds.
(3) Failure to stop and submit to measurement or weighing. Any driver who fails to stop and submit to measurement or weighing, as required by this section, or who fails to obey an order to drive upon scales as directed by a police officer shall be guilty of a misdemeanor.
(1986 Code, § 248-6) (Ord. —, passed 8-30-1971)