73.06(A) Weighing of vehicle. Any designated of the or of the Department of Transportation having reason to believe that the weight of a vehicle and load is unlawful is authorized to require the driver to
and submit to a weighing of the same by means of either portable or fixed scales and may require that such vehicle be driven to the nearest weigh station or public scales, provided such a facility is within five miles. Upon a request by the vehicle operator, the shall weigh the vehicle at fixed scales rather than by portable scales if such a facility is available within five miles. Anyone who refuses to submit to such weighing obstructs an pursuant to F.S. § 843.02, and is guilty of a misdemeanor of the first degree, punishable as provided in F.S. §§ 775.082 or 775.083. Anyone who knowingly and willfully resists, obstructs or opposes an while refusing to submit to such weighing by resisting the with violence to the ’s person pursuant to F.S. § 843.01, is guilty of a felony of the third degree, punishable as provided in F.S. §§ 775.082, 775.083 or 775.084.
73.06(B) Violations.
73.06(B)(1) Whenever an
, upon weighing a vehicle or combination of vehicles with load, determines that the axle weight or gross weight is unlawful, the
may require the driver to
the vehicle in a suitable place and remain standing until a determination can be made as to the amount of weight thereon and, if overloaded, the amount of penalty to be assessed as provided herein. However, any gross weight over and beyond 6,000 pounds beyond the maximum herein set shall be unloaded and all material so unloaded shall be cared for by the
or Operator of the vehicle at the risk of such
or operator. Except as otherwise provided for in F.S. Chapter 316, to facilitate compliance with and enforcement of the weight limits established in § 73.05, weight tables published pursuant to F.S. § 316.535(7) shall include a 10%
and shall reflect the maximum scaled weights allowed any vehicle or combination of vehicles. Notwithstanding any other provision of the weight
, if a vehicle or combination of vehicles does not exceed the gross, external bridge, or internal bridge weight limits imposed in § 73.05 and the driver of such vehicle or combination of vehicles can comply with the requirements of F.S. Chapter 316 by shifting or equalizing the load on all wheels or axles, and does so when requested by the proper authority, the driver shall not be held to be operating in violation of the weight limits.
73.06(B)(2) The
shall inspect the license plate or registration certificate of the
, as defined in F.S. § 316.003(66), to determine if its gross weight is in compliance with the declared gross vehicle weight. If its gross weight exceeds the declared weight, the penalty shall be $0.05 per pound on the difference between such weights. In those cases when the
, as defined in F.S. § 316.003(66), is being operated over the Streets,
or
of the
with an expired registration or with no registration from this or any other jurisdiction or is not registered under the applicable provisions of F.S. Chapter 320, the penalty herein shall apply on the basis of $0.05 per pound on that scaled weight which exceeds 35,000 pounds on laden truck tractor-semi-trailer combinations or tandem trailer truck combinations, 10,000 pounds on laden straight trucks or straight truck-trailer combinations, or 10,000 pounds on any unladen Commercial
. If the license plate or registration has not been expired for more than 90 days, the penalty imposed under this Section may not exceed $1,000.00. In the case of special mobile equipment as defined in F.S. § 316.003(48), which qualifies for the license tax provided for in F.S. § 320.08(5) (b), being operated on the Streets,
or
of the
with an expired registration or otherwise not properly registered under the applicable provisions of F.S. Chapter 320, a penalty of $75.00 shall apply in addition to any other penalty which may apply in accordance with F.S. Chapter 316. A vehicle found in violation of this Section may be detained until the
or operator produces evidence that the vehicle has been properly registered. Any costs incurred by the retention of the vehicle shall be the sole responsibility of the
. A
who has been assessed a penalty pursuant to this Section for failure to have a valid vehicle registration certificate pursuant to the provisions of F.S. Chapter 320, is not subject to the delinquent fee authorized in F.S. § 320.07, if such
obtains a valid registration certificate within ten working days after such penalty was assessed.
73.06(B)(3) Weight limits established and posted for a road or bridge pursuant to F.S. § 316.555 and weight limits specified in special permits issued pursuant to F.S. § 316.550 shall be deemed to include all allowable tolerances. In those cases when a vehicle or combination of vehicles exceeds the weight limits established and posted for a road or bridge pursuant to F.S. § 316.555, or exceeds the weight limits permitted in a special permit issued pursuant to F.S. § 316.550, the penalty shall be $0.05 per pound on the difference between the scale weight of the vehicle and the weight limits for such posted road or bridge or permitted in such special permit. However, if a special permit is declared invalid in accordance with rules promulgated pursuant to F.S. § 316.550, the penalties imposed in subsection 73.06(C) below shall apply to those weights that exceed the limits established in § 73.05.
73.06(C) Penalties. Any who violates the overloading provisions of this Chapter shall be conclusively presumed to have damaged the Streets,
or of this by reason of such overloading, which damage is hereby fixed as follows:
73.06(C)(1) When the excess weight is 200 pounds or less than the maximum herein provided, the penalty shall be $10.00;
73.06(C)(2) Five cents per pound for each pound of weight in excess of the maximum herein provided when the excess weight exceeds 200 pounds. However, whenever the gross weight of the vehicle or combination of vehicles does not exceed the maximum allowable gross weight, the maximum fine for the first 600 pounds of unlawful axle weight shall be $10.00;
73.06(C)(3) An apportioned
, as defined in F.S. § 320.01, operating on the Streets,
or
of this
without being properly licensed and registered shall be subject to the penalties as herein provided;
73.06(C)(4) Vehicles operating on the Streets,
or
of this
from nonmember International Registration Plan jurisdictions that are not in compliance with the provisions of F.S. § 316.605, shall be subject to the penalties as herein provided;
73.06(C)(5) The defendant in an action hereunder may seek to rebut the presumption of damage set forth in subsection 73.06(C).
73.06(D) Registration requirement.
73.06(D)(1) No
, as defined in F.S. § 316.003(66) shall be operated over the Streets,
or
of this
unless it has been properly registered under the provisions of F.S. § 207.004. Whenever any
identified in F.S. § 207.023(1), upon inspecting the vehicle or combination of vehicles, determines that the vehicle is in violation of F.S. § 207.004, a penalty in the amount of $50.00 shall be assessed, and the vehicle may be detained until payment is collected by the
.
73.06(D)(2) In addition to the penalty provided for in subsection 73.06(D)(1), the vehicle may be detained until the
or operator of the vehicle furnishes evidence that the vehicle has been properly registered pursuant to F.S. § 207.004. Any
or agent of the Department of Transportation may issue a temporary fuel use permit and collect the appropriate fee as provided for in F.S. § 207.004(4). Notwithstanding the provisions of this Section, all permit fees collected pursuant to this subsection 73.06(D)(2) shall be transferred to the Department of
Safety and
to be allocated pursuant to F.S. § 207.026.
73.06(E) Lien. In addition to the right to prosecute violations in Broward County Court, whenever any violates the provisions of this Chapter and becomes indebted to the because of such violation in the amounts aforesaid and refuses to pay said penalty, such penalty shall become a lien upon the
, and the same may be foreclosed by the in a court of equity. It shall be presumed that the
of the
is liable for the sum. Any claiming an interest in the seized
may, at any time after the lien of the attaches to the
, obtain possession of the seized vehicle by filing a good and sufficient forthcoming cash bond with the having possession of the vehicle, payable to the in twice the amount of the ’s lien. It shall be presumed that the
of the
is liable for the penalty imposed under this Section. Upon the posting of such bond with the making the seizure, the vehicle shall be released and the bond shall be forwarded to the for safekeeping. The lien of the against the
aforesaid shall be foreclosed in equity, and the ordinary rules of court relative to the proceedings in equity shall control. If it appears that the seized vehicle has been released to the defendant upon defendant’s forthcoming bond, the shall take judgment of foreclosure against the property itself, and judgment against the defendant for the amount of the lien, including cost of proceedings. After the rendition of the decree, the may, at its option, proceed to sue the defendant for the amount recovered as aforesaid or direct the sale of the vehicle under foreclosure.
73.06(F) Receipt requirement. Any or agent collecting the penalties herein imposed shall give to the
or driver of the vehicle a receipt for all penalties collected. Such
or agents shall cooperate with the
or drivers of
so as not to delay unduly the vehicles.
73.06(G) Payment. Pursuant to F.S. §§ 316.302 and 316.545, penalties and fees are due and payable at the time of issuance. Payment shall be made for the amount of the assessment in cash, money order, or cashier’s check and shall be made payable to the .
73.06(H)
. Any aggrieved by the imposition of a civil penalty pursuant to this Chapter or F.S. §§ 316.3025 and 316.550 may apply to the ’s for a modification, cancellation or revocation of the penalty; and the is authorized to modify, cancel, revoke or sustain such penalty.
(Ord. 2010-14, passed 10-4-2010)