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Indiana Oversize and Overweight Fines and Penalties

Violations of size and weight limitations by operation of a vehicle or combination of vehicles (IC 9-20-4 and 9-20-5) or a garbage truck (IC 9-20-11) are a continuing offense. The venue for prosecution is in a county in which the unlawful operation occurred. Once a conviction or acquittal occurs in one county, a prosecution may not be brought in another county. IC 9-20-18-1. All violations under IC 9-20 except for weight violations of 5,000 pounds or more are Class C Infractions and, in addition to a fine, the Court may suspend the vehicle registration for a period not to exceed 90 days. IC 9-20-18-12(a) & (d). IC 9-20-18-12 (c) creates an exception from conviction applicable to all highways except interstate highways if the weight violation is less than 1,000 pounds. IC 9-20-18-7 (b) establishes a defense if the party can show they could not reasonably have known the actual weight of the load or did not have access to or control of the loading of an over weighted load. Weight violations greater than 5,000 pounds but less than 10,000 pounds are Class B Infractions. If the weight violation exceeds 10,000 pounds, the violation is a Class A Infraction. IC 9-20-18-12(b). In all weight violation cases, the Court may recommend a chauffeur’s license suspension if the violation was committed knowingly. IC 9-20-18-12(e). Infraction Penalty Range C Fine: $1.00 - $500.00 Suspend vehicle registration 1 – 90 days Recommend license suspension (offense committed knowingly) B Fine: $1.00 - $1,000.00 Suspend vehicle registration 1 – 90 days Recommend license suspension (offense committed knowingly) A Fine: $1.00 - $10,000.00 Suspend vehicle registration 1 – 90 days Recommend license suspension (offense committed knowingly)

Oversize vehicles pay a fine of one hundred and eighty nine dollars ($189)

WEIGHT

FINE

0 - 1999 lbs

$.02 PER POUND + COURT COST

2000 – 2999 lbs

$.04 PER POUND + COURT COST

3000 – 3999 lbs

$.06 PER POUND + COURT COST

4000 - 4999 lbs

$.08 PER POUND + COURT COST

5000 lbs and over

$.10 PER POUND + COURT COST

http://www.in.gov/isp/files/size_weight_laws.pdf

https://www.in.gov/judiciary/iocs/files/pubs-cdl-manual.pdf

http://www.in.gov/dor/files/osowhandbook.pdf

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