§ 1391a. Penalties for overweight operation
(a) Civil penalties for violations of the following statutory sections shall be in accordance with the schedule established in this section:
(b)(1) For violation of each of the statutory sections listed in subsection (a) of this section, civil penalties shall be imposed as follows:
$15.00 for each 1,000 lbs. or portion thereof overweight for the first 5,000 lbs. overweight;
$30.00 for each 1,000 lbs. or portion thereof overweight when the gross overweight is more than 5,000 lbs. and less than 10,001 lbs.;
$45.00 for each 1,000 lbs. or portion thereof overweight when the gross overweight is more than 10,000 lbs. and less than 15,001 lbs.;
$60.00 for each 1,000 lbs. or portion thereof overweight when the gross overweight is more than 15,000 lbs. and less than 20,001 lbs.;
$90.00 for each 1,000 lbs. or portion thereof overweight when the gross overweight is more than 20,000 lbs. and less than 25,001 lbs.; and
$150.00 for each 1,000 lbs. or portion thereof overweight when the gross overweight is more than 25,000 lbs.
(2) Civil penalties for subsequent violations of subchapter 15, article 1 of this chapter shall be computed in accordance with subdivision (b)(1) of this section with the following percentage increases:
(A) upon a second conviction of a violation occurring within one year, five percent;
(B) upon a third conviction of a violation occurring within one year, ten percent;
(C) upon a fourth or subsequent conviction occurring within one year, 15 percent.
(3) In the calculation of gross overweight, the weight allowed by registration or permit, whichever is greater, shall be the basis. The tolerances allowed by sections 1391, 1392, 1408, and 1410 of this title shall not be considered in the calculation of gross overweight.
(c) Notwithstanding any other provisions of law to the contrary, in a prosecution for a violation of those statutes listed in subsection (a) of this section, the proper defendant shall be either the owner or lessee of the vehicle or the person who moves or operates the vehicle.
(d) Civil penalties imposed for violations of this section shall be deposited in the Transportation Fund, unless the civil penalties are the result of enforcement actions on a town highway by an enforcement officer employed by or under contract with the municipality, in which case the civil penalty shall be paid to the municipality, except for an administrative charge for each case in the amount specified in 13 V.S.A. § 7251, which shall be retained by the State. (Added 1977, No. 177 (Adj. Sess.), § 1, eff. May 1, 1978; amended 1983, No. 86, § 2; 1983, No. 192 (Adj. Sess.), § 1, eff. April 27, 1984; 1989, No. 51, § 43; 1993, No. 186 (Adj. Sess.), § 1; 1995, No. 119 (Adj. Sess.), § 4, eff. April 25, 1996; 1997, No. 120 (Adj. Sess.), § 9a; 1999, No. 154 (Adj. Sess.), § 34; 2015, No. 158 (Adj. Sess.), § 72; 2019, No. 131 (Adj. Sess.), § 202.)
Structure Vermont Statutes
Chapter 13 - Operation of Vehicles
§ 1004. Interstate highway rules
§ 1006. Stopping at railroad crossings
§ 1006a. Highways; emergency closure
§ 1006b. Smugglers’ Notch; winter closure of Vermont Route 108; vehicle operation prohibited
§ 1006c. Chain requirements for vehicles with weight ratings of more than 26, 000 pounds
§ 1007a. Neighborhood electric vehicles; speed limit
§ 1008. Regulations in municipalities
§ 1008a. Regulation of motor vehicles at State airports
§ 1009. Restrictions of controlled-access roadway
§ 1010. Special occasions; town highway maintenance
§ 1011. Applicability of this chapter
§ 1012. Obedience to enforcement officers
§ 1013. Authority of enforcement officers
§ 1014. Persons riding animals
§ 1015. Authorized emergency vehicles
§ 1017. Speed limit in school zones
§ 1021. Obedience to traffic-control devices
§ 1022. Traffic-control signals
§ 1023. Pedestrian-control signals
§ 1027. Unauthorized signs, signals, or markings
§ 1028. Interference with devices or signals
§ 1032. Passing vehicles proceeding in opposite directions
§ 1033. Passing motor vehicles and vulnerable users
§ 1037. One-way roadways and rotaries
§ 1038. Driving on roadways laned for traffic
§ 1039. Following too closely, crowding, and harassment
§ 1040. Driving on divided highways
§ 1041. Restricted access roadways
§ 1042. Restricting the use of town highways
§ 1043. Operation of neighborhood electric vehicles
§ 1046. Vehicle approaching or entering intersection
§ 1048. Stop or yield intersections
§ 1049. Vehicle entering from private road
§ 1050a. Authorized highway maintenance vehicles
§ 1051. Pedestrians’ right of way in crosswalks
§ 1052. Crossing except at crosswalks
§ 1054. Pedestrians to use right half of crosswalks
§ 1055. Pedestrians on roadways
§ 1057. Duty toward persons who are blind
§ 1059. Driving through safety zone
§ 1061. Turning at intersections
§ 1063. Starting parked vehicles
§ 1064. Signals required; general obligation to turn and move safely
§ 1071. Railroad grade crossings
§ 1072. Certain vehicles must stop
§ 1074. Vehicle entering roadway
§ 1076. Commercial motor vehicles; railroad crossings
§ 1081. Basic rule and maximum limits
§ 1083. Special speed limitations
§ 1091. Negligent operation; grossly negligent operation
§ 1092. Damaging surface of road
§ 1094. Operation without consent of owner; aggravated operation without consent of owner
§ 1095. Entertainment picture visible to the operator
§ 1095a. Junior operator use of portable electronic devices
§ 1095b. Handheld use of portable electronic device prohibited
§ 1098. Disposition of pending cases
§ 1101. Stopping, standing, or parking
§ 1102. Removal of stopped vehicles
§ 1105. Additional parking regulations
§ 1106. Limitations on use of State highway facilities
§ 1110. Prohibited idling of motor vehicles
§ 1111. Unattended motor vehicle
§ 1113. Limitations on backing
§ 1114. Riding on motorcycles and motor-driven cycles
§ 1115. Operating motorcycles and motor-driven cycles on roadways laned for traffic
§ 1116. Clinging to other vehicles
§ 1117. Footrests and handlebars
§ 1118. Obstruction to driver’s view
§ 1119. Opening and closing vehicle doors
§ 1122. Following fire apparatus prohibited
§ 1123. Driving over fire hose prohibited
§ 1125. Obstructing windshields, windows
§ 1126. Putting glass, other items, on highway prohibited
§ 1126a. Depositing snow onto or across certain highways prohibited
§ 1127. Control in presence of animals
§ 1130. Permitting unlicensed or impaired person to operate
§ 1133. Eluding a police officer
§ 1134. Motor vehicle operator; consumption or possession of alcohol or cannabis
§ 1134a. Motor vehicle passenger; consumption or possession of alcohol or cannabis
§ 1134b. Using tobacco or cannabis in a motor vehicle with child present
§ 1135. Trespass by motor vehicle
§ 1136. Application of subchapter; rights and obligations of bicyclists under other laws
§ 1138. Clinging to motor vehicles
§ 1139. Riding on roadways and bicycle paths
§ 1141a. Electric personal assistive mobility devices (EPAMD); required equipment; operation
§ 1143. Not evidence of negligence
§ 1201c. Calculation of suspensions and revocations
§ 1202. Consent to taking of tests to determine blood alcohol content or presence of other drug
§ 1203. Administration of tests; retention of test and videotape
§ 1203a. Independent chemical test; blood tests
§ 1203b. Duty to report blood test results
§ 1205. Civil suspension; summary procedure
§ 1206. Suspension of license for driving while under influence; first conviction
§ 1208. Suspensions for subsequent convictions
§ 1209a. Conditions of reinstatement; alcohol and driving education; screening; therapy programs
§ 1211. Construction of cross references
§ 1212. Conditions of release and parole; arrest upon violation
§ 1213. Ignition interlock restricted driver’s license or certificate; penalties
§ 1213a. Immobilization of vehicle
§ 1213b. Forfeiture of vehicle
§ 1213c. Immobilization and forfeiture proceedings
§ 1216. Persons under 21 years of age; alcohol concentration of 0.02 or more
§ 1218. Commercial motor vehicles; 0.04
§ 1219. Commercial motor vehicle; detectable amount; out-of-service
§ 1220a. DUI Enforcement Special Fund
§ 1220b. Blood and Breath Alcohol Testing Special Fund
§ 1221a. Defective equipment warning
§ 1222. Inspection of registered vehicles
§ 1222a. Emissions of diesel-powered commercial vehicles
§ 1224. Inspection certificates
§ 1227. Certified inspection mechanics
§ 1228. Mechanic certification; inspection designation; revocation
§ 1231. Administrative penalties
§ 1245. Illumination required on motorcycles
§ 1247. Approval of lighting devices
§ 1249. Directional signal lamps
§ 1251. Sirens and colored signal lamps; out-of-state emergency and rescue vehicles
§ 1252. Issuance of permits for sirens or colored lamps, or both; use of amber lamps
§ 1258. Child restraint systems; persons under age 18
§ 1259. Safety belts; persons 18 years of age or older
§ 1282. Operator, equipment, and inspection
§ 1283. Identification and equipment of school buses
§ 1287. Multifunction school activity bus
§ 1302. Rubber tires on trucks; number of trailers
§ 1307. Brake equipment required
§ 1308. Performance ability of brakes
§ 1341. Trailer coaches—Safety chain
§ 1344. Riding in trailer coaches
§ 1361. Lights on vehicles other than motor vehicles
§ 1391a. Penalties for overweight operation
§ 1392. Gross weight limits on highways
§ 1392a. Authority of Commissioner to delegate permitting functions
§ 1394. Designation of class 1 town highways
§ 1396. Special weight limits for bridges and highways
§ 1397a. Special limits for covered bridges
§ 1398. Certified statement to be filed
§ 1400. Permit to operate in excess of weight and size limits; State highways
§ 1400a. Special local highway and bridge limits; reimbursement for damages; special permits
§ 1400b. Filing of restrictions, publication
§ 1400c. Gross limits on town highways and bridges
§ 1400d. Agricultural service vehicles
§ 1402. Overweight, width, height, and length permits; fees
§ 1403. Expiration or revocation
§ 1405. Actions against the bond
§ 1406. Federally owned vehicles
§ 1407. Operation of overweight vehicles
§ 1408. Operating vehicle in excess of registered capacity
§ 1411. Refusal to weigh vehicle or remove overload
§ 1412. Multiple weight violations
§ 1413. Disposition of impounded vehicles and loads
§ 1414. Reciprocal enforcement
§ 1415. Transfer of weight permits
§ 1431. Height and width limits
§ 1434. Operation in excess of weight, height, or width limits; penalties
§ 1436. Statewide Municipal Commercial Motor Vehicle Enforcement Fund
§ 1437. Exception for towaway trailer transporter combination
§ 1451. Loads on passenger cars