29-A §2356. Operation of commercial vehicle exceeding registered weight
Title 29-A: MOTOR VEHICLES HEADING: PL 1993, C. 683, PT. A, §2 (NEW); PT. B, §5 (AFF)
Chapter 21: WEIGHT, DIMENSION AND PROTECTION OF WAYS HEADING: PL 1993, C. 683, PT. A, §2 (NEW); PT. B, §5 (AFF)
Subchapter 1: WEIGHT HEADING: PL 1993, C. 683, PT. A, §2 (NEW); PT. B, §5 (AFF)
§2356. Operation of commercial vehicle exceeding registered weight
1. Operation prohibited. A person commits a traffic infraction if that person operates or causes operation of a vehicle in excess of its registered weight on a public way.
[ 2001, c. 267, §16 (AFF); 2001, c. 267, §2 (AMD) .]
2. Prima facie evidence. Operation of a vehicle is prima facie evidence that the operation was caused by the vehicle registrant.
[ 2001, c. 267, §16 (AFF); 2001, c. 267, §2 (AMD) .]
3. Exception.
[ 2001, c. 267, §16 (AFF); 2001, c. 267, §3 (RP) .]
4. Penalty. Notwithstanding Title 17-A, section 4-B, the fine for a violation of subsection 1 is twice the difference in the registration fees for the actual weight and the registered weight of the vehicle. The minimum fine for a violation of this section is $25.
[ 2001, c. 267, §16 (AFF); 2001, c. 267, §4 (AMD) .]
5. Reduced penalty.
[ 2001, c. 267, §16 (AFF); 2001, c. 267, §5 (RP) .]
6. Private ways exempted. This section does not apply to operating on private ways.
[ 1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B, §5 (AFF) .]
7. Notice of failure to appear or noncompliance with orders. If a person after being ordered to appear to answer a violation fails to appear or after appearing fails to comply with an order issued pursuant to this section, the court shall notify the Secretary of State.
[ 1995, c. 65, Pt. A, §153 (AFF); 1995, c. 65, Pt. C, §15 (AFF); 1995, c. 65, Pt. C, §8 (NEW) .]
8. Suspension of registrations. After receiving notice pursuant to subsection 7, the Secretary of State shall suspend the person's commercial registration certificates and plates and the privilege to operate a commercial motor vehicle in this State. The suspension remains in effect until the person appears in court and complies with a court order.
[ 2009, c. 598, §39 (AMD) .]
9. Subsequent violation. A person issued a summons for violating this section does not commit a subsequent violation of this section involving the same vehicle and same load until the next business day.
[ 2007, c. 383, §27 (NEW) .]
SECTION HISTORY
1993, c. 683, §A2 (NEW). 1993, c. 683, §B5 (AFF). 1995, c. 65, §§A153,C15 (AFF). 1995, c. 65, §§C7,8 (AMD). 2001, c. 267, §§2-5 (AMD). 2001, c. 267, §16 (AFF). 2007, c. 383, §27 (AMD). 2009, c. 598, §39 (AMD).