(a) Any police officer having reason to believe that the weight of a vehicle and its load is unlawful may require the driver of the vehicle to stop and submit to a weighing of it by means of a compact, self-contained, portable, sealed scale specially adapted to determine the wheel loads of vehicles on highways; a sealed scale permanently installed in a fixed location, having a load-receiving element specially adapted to determine the wheel loads of highway vehicles; a sealed scale, permanently installed in a fixed location, having a load-receiving element specially adapted to determine the combined load of all wheels on a single axle or on successive axles of a highway vehicle; or a sealed scale adapted to weighing highway vehicles, loaded or unloaded. The driver of the vehicle shall, if necessary, be directed to proceed to the nearest available sealed scales to accomplish the weighing, provided the scales are within three miles of the point where the vehicle is stopped. Any vehicle stopped in accordance with this section may be held by the police officer for a reasonable time only to accomplish the weighing as prescribed by this section. All scales used in determining the lawful weight of a vehicle and its load shall be annually compared by a Municipal, County or State sealer with the State standards or standards approved by the State, and the scales shall not be sealed if they do not conform to the State standards or standards approved by the State.
(b) At each end of a permanently installed scale there shall be a straight approach in the same plane as the platform, of sufficient length and width to ensure the level positioning of vehicles during weight determinations.
(c) During determination of weight by compact, self-contained, portable, sealed scales, specially adapted to determine the wheel loads of vehicles on highways, they shall always be used on terrain of sufficient length and width to accommodate the entire vehicle being weighed. The terrain shall be level or, if not level, it shall be of such elevation that the difference in elevation between the wheels on any one axle does not exceed two inches and the difference in elevation between axles being weighed does not exceed one-quarter inch per foot of the distance between the axles.
(d) In all determinations of all weights, except gross weight, by compact, self- contained, portable, sealed scales, specially adapted to determine the wheel loads of vehicles on highways, all successive axles, twelve feet or less apart, shall be weighed simultaneously by placing one scale under the outside wheel of each axle. In determination of gross weight by the use of compact, self-contained, portable, sealed scales, specially adapted to determine the wheel loads of vehicles on highways, all axles shall be weighed simultaneously by placing one scale under the outside wheel of each axle.
(e) Whenever the officer, upon weighing a vehicle and load, determines that the weight is unlawful, he may require the driver to stop the vehicle in a suitable place and remain standing until such portion of the load is removed as is necessary to reduce the weight of the vehicle to the limit permitted under Ohio R.C. 5577.01 through 5577.14.
(f) Whenever local authorities determine upon the basis of an engineering and traffic investigation that the weight limits permitted under local ordinance, or under Ohio R.C. 5577.01 through 5577.14, or the weight limits permitted when compact, self- contained, portable, sealed scales, specially adapted to determine the wheel loads of vehicles on highways, used on any part of a State route under their jurisdiction, are greater than is reasonable under the conditions found to exist at the location, the local authorities may, by resolution, request the Ohio Director of Transportation to determine and declare reasonable weight limits. Upon receipt of the request the Director may determine and declare reasonable weight limits at the location, and if the Director alters the weight limits set by Ohio R.C. 5577.01 through 5577.14; then the altered weight limits shall become effective only when appropriate signs giving notice thereof are erected at the location by local authorities.
(g) The Director may withdraw his approval of any altered weight limit whenever, in his opinion, any altered weight limit becomes unreasonable, and upon the withdrawal the altered weight limit shall become ineffective and the signs relating thereto shall be immediately removed by the local authorities. Alteration of weight limits on State routes by the local authorities is not effective until alteration has been approved by the Director.
(h) This section does not derogate or limit the power and authority conferred upon the Director or boards of county commissioners by Ohio R.C. 5577.07.
(ORC 4513.33)
(i) Whoever violates this section is guilty of a minor misdemeanor for a first offense; for a second offense within one year after the first offense, such person is guilty of a misdemeanor of the fourth degree; for each subsequent offense within one year after the first offense, such person is guilty of a misdemeanor of the third degree. The penalty shall be as provided in Section 408.01.
(Ord. 89-61. Passed 10-12-89.)