46.2-1139 - Permits for excessive size and weight generally; penalty.
§ 46.2-1139. Permits for excessive size and weight generally; penalty.
A. The Commissioner and local authorities of cities and towns, in theirrespective jurisdictions, may, upon written application and good cause beingshown, issue a permit authorizing the applicant to operate on a highway avehicle of a size or weight exceeding the maximum specified in this title.Any such permit may designate the route to be traversed and contain any otherrestrictions or conditions deemed necessary by the body granting the permit.
B. Except for permits issued under § 46.2-1141 for overweight vehiclestransporting containerized freight and permits issued for overweight vehiclestransporting irreducible loads, no overweight permit issued by theCommissioner or any local authority under any provision of this article shallbe valid for the operation of any vehicle on an interstate highway if thevehicle has:
1. A single axle weight in excess of 20,000 pounds; or
2. A tandem axle weight in excess of 34,000 pounds; or
3. A gross weight, based on axle spacing, greater than that permitted in §46.2-1127; or
4. A gross weight, regardless of axle spacing, in excess of 80,000 pounds.
C. The Commissioner may issue permits to operate or tow one or more traveltrailers as defined in § 46.2-1900 or motor homes when any of such vehiclesexceed the maximum width specified by law, provided the movement of thevehicle is prior to its retail sale and it complies with the provisions of §46.2-1105. A copy of each such permit shall be carried in the vehicle forwhich it is issued.
D. Every permit issued under this article for the operation of oversize oroverweight vehicles shall be carried in the vehicle to which it refers andmay be inspected by any officer. Violation of any term of any permit issuedunder this article shall constitute a Class 1 misdemeanor. Violation of termsand conditions of any permit issued under this article shall not invalidatethe weight allowed on such permit unless (i) the permit vehicle is operatingoff the route listed on the permit, (ii) the vehicle has fewer axles thanrequired by the permit, (iii) the vehicle has less axle spacing than requiredby the permit when measured longitudinally from the center of the axle tocenter axle with any fraction of a foot rounded to the next highest foot, or(iv) the vehicle is transporting multiple items not allowed by the permit.
E. Any permit issued by the Commissioner or local authorities of cities andtowns pursuant to state law may be restricted so as to prevent travel on anyfederal-aid highway if the continuation of travel on such highway wouldresult in a loss of federal-aid funds. Before any such permit is restrictedby the Commissioner, or local authority, written notice shall be given to thepermittee.
F. When application is made for permits issued by the Commissioner as well aslocal authorities of one or more cities and towns, any fees imposed thereforby the Commissioner as well as all affected local authorities may be paid bythe applicant, at the applicant's option, to the Commissioner, who shallpromptly transmit the local portion of the total fee to the appropriatelocality or localities.
G. Engineering analysis, performed by the Virginia Department ofTransportation, shall be conducted of a proposed routing before theCommissioner issues any permit under this section when such analysis isrequired to promote safety and preserve the capacity and structural integrityof highways and bridges. The Commissioner shall not issue a permit when theVirginia Department of Transportation determines that the roadway and bridgesto be traversed cannot sustain the vehicles' size and weight.
(Code 1950, § 46-339; 1956, c. 476; 1958, c. 541, §§ 46.1-343, 46.1-343.2;1959, Ex. Sess., c. 91; 1960, c. 223; 1962, cc. 35, 162; 1966, c. 502; 1968,c. 203; 1972, c. 521; 1974, cc. 145, 252, 556; 1975, c. 599; 1976, c. 744;1977, c. 632; 1979, c. 263; 1980, c. 328; 1981, c. 187; 1982, c. 256; 1983,cc. 170, 515; 1985, c. 7; 1987, cc. 321, 406, 420, 721; 1988, c. 82; 1989, c.727; 1993, c. 68; 1996, cc. 36, 87; 1997, c. 70; 2001, c. 151; 2003, c. 314;2009, c. 456.)