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The officer or size and weight compliance agent charging the violation shall serve a citation on the operator of the overweight vehicle. The citation shall be directed to the owner, operator, or other person responsible for the overweight violation as determined by the officer or size and weight compliance agent. Service of the citation on the vehicle operator shall constitute service of process upon the owner, operator, or other person charged with the weight violation as provided in § 46.2-1136. An alleged weight violation which is contested shall be tried as a civil case. The attorney for the Commonwealth shall represent the interests of the Commonwealth. The disposition of the case shall be recorded in an appropriate order, a copy of which shall be sent to the Department in lieu of any record which may be otherwise required by § 46.2-383. If judgment is for the Commonwealth, payment shall be made to the Department.
In addition, the owner, operator, or other person responsible for the overweight violation will be charged a $25 civil penalty, a $20 processing fee, a $2 weighing fee, plus additional liquidated damages of $20.
If the vehicle’s gross weight exceeds the weight limit by 25% to 50%, the assessment is doubled. If the gross weight is over 50%, the assessment is tripled. Fines are assessed based on the weight in excess of the permit.
0 – 2,000 lbs
$.01 cents per pound
2,001 – 4,000 lbs
$.03 cents per pound
4,001 – 8,000 lbs
$.12 cents per pound
8,001 – 12,000 lbs
$.22 cents per pound
12,001 and over
$.35 cents per pound