(A) A police officer having reason to believe that the weight of a vehicle and load is unlawful may require the driver to stop and submit to a weighing of the vehicle by either portable or stationary scales approved and sealed by the department of agriculture as a legal weighing device, and may require that the vehicle be driven to the nearest weighing station of the state’s Transportation Department for the purpose of allowing an officer to determine whether the conveyance is loaded in conformity with this subchapter.
(B) (1) When the officer, upon weighing a vehicle and load determines that the weight is unlawful, the officer may require the driver to stop the vehicle in a suitable place and remain standing until that portion of the load is shifted or removed as necessary to reduce the gross axle weight of the vehicle to the limit permitted under this subchapter. All material unloaded as provided under this division (B)(1) shall be cared for by the owner or operator of the vehicle at the risk of the owner or operator. A judge or magistrate imposing a civil fine and costs under this section which are not paid in full immediately or for which a bond is not immediately posted in double the amount of the civil fine and costs shall order the driver or owner to move the vehicle at the driver’s own risk to a place of safekeeping within the jurisdiction of the judge or magistrate, inform the judge or magistrate in writing of the place of safekeeping and keep the vehicle until the fine and costs are paid or sufficient bond is furnished or until the judge or magistrate is satisfied that the fine and costs will be paid. The officer who has determined, after weighing a vehicle and load, that the weight is unlawful, may require the driver to proceed to a judge or magistrate within the city. If the judge or magistrate is satisfied that the probable civil fine and costs will be paid by the owner or lessee, the judge or magistrate may allow the driver to proceed, after the load is made legal. If the judge or magistrate is not satisfied that the owner or lessee, after a notice and a right to be heard on the merits is given, will pay the amount of the probable civil fine and costs, the judge or magistrate may order the vehicle to be impounded until trial on the merits is completed under conditions set forth in this section for the impounding of vehicles after the civil fine and costs have been imposed.
(2) Removal of the vehicle, and forwarding care or preservation of the load shall be under the control of and at the risk of the owner or driver. Vehicles impounded shall be subject to a lien, subject to a prior valid bona fide lien of prior record, in the amount of the civil fine and costs and if the civil fine and costs are not paid within 90 days after the seizure, the judge or magistrate shall certify the unpaid judgment to the prosecuting attorney of the city or county in which the violation occurred, who shall proceed to enforce the lien by foreclosure sale in accordance with procedure authorized in the case of chattel mortgage foreclosure.
(C) An owner of a vehicle or a lessee of the vehicle of an owner-operator, or other person, who causes or allows a vehicle to be loaded and driven or moved on a highway, when the weight of that vehicle violates § 74.018 of this chapter is responsible for a civil infraction and shall pay a civil fine in an amount equal to $0.03 per pound for each pound of excess load over 1,000 pounds when the excess is 2,000 pounds or less; $0.06 per pound of excess load when the excess is over 2,000 pounds, but not more 3,000 pounds; $0.09 per pound for each pound of excess load when the excess is over 3,000 pounds, but not over 4,000 pounds; $0.12 per pound for each pound of excess load when the excess is over 4,000 pounds, but not over 5,000 pounds; $0.15 per pound for each pound of excess load when the excess is over 5,000 pounds, but not over 10,000 pounds; and $0.20 per pound for each pound of excess load when the excess is over 10,000 pounds. However, the court shall have discretionary power as to the amount of the civil fine within the schedule provided by this division (C), and may impose the civil fine provided in § 907(3) of the state’s Motor Vehicle Act (being M.C.L.A. § 257.907(3)), hereby adopted by reference, for a civil infraction where, at the time of the violation, either the motor vehicle, and semi-trailer or trailer did not exceed the total weight which would be lawful for each unit by a proper distribution of the load upon the various axles supporting each unit.
(D) A driver or owner of a vehicle, truck or truck tractor, truck or truck tractor with other vehicles in combination, or special mobile equipment who knowingly fails to stop at or who knowingly bypasses any scales or weighing station is guilty of a misdemeanor.
(E) A driver or owner of a vehicle who knowingly fails to stop when requested or ordered to do so by a police officer authorized to require the driver to stop and submit to a weighing of the vehicle and load by means of a portable scale, is guilty of a misdemeanor.
(Prior Code, § 22.1-59) (Ord. 885, passed 7-16-1990) Penalty, see § 74.999