Section 1
(a) Any police officer or qualified department employee may require the driver of any vehicle or combination of vehicles to stop and submit the vehicle or combination to be weighed by using either portable or stationary scales, or as a screening device may require the driver to drive the vehicle or combination of vehicles at an appropriate speed and manner through a weigh-in-motion mechanism. Any police officer having reason to believe that the weight of a vehicle or combination is unlawful is authorized to require the driver to drive the vehicle or combination for a distance of not more than (10) miles to the nearest location where it can be weighed in compliance with this subsection.
(b) A police officer citing a person for a violation covered by this section may place the vehicle or combination of vehicles "out-of-service" if the weight violation is 10 percent or greater than the legal maximum, and hold the vehicle or combination until the vehicle is reloaded so as to comply with applicable weight statutes or regulations. The driver and owner of an out-of-service vehicle shall be provided access to the vehicle as necessary to remove, reload, or care for cargo. The vehicle shall not be placed back in service until it has been weighed again and determined to be in compliance with all applicable statutes or regulations.
(c) Cargo being carried in a vehicle placed out-of-service shall be available to the driver for care and disposition. If necessary, the police officer shall arrange for storage of an out-of-service vehicle, and the owner and the driver of the vehicle shall be jointly and severally liable for any storage charges.
(d) Where it is determined by the appropriate enforcement agency that any vehicle or combination of vehicles has been operated on the highways in violation of any provision of state or local law regulating the gross weight of any vehicle or combination of vehicles, or regulating the weight imposed by any single axle, tandem axle, or group of two or more consecutive axles, the driver of the vehicle and the owner of the vehicle or vehicles, shall be jointly and severally liable for the following civil penalties2 in addition to any applicable criminal penalties:
(1). ( "x" cents )3 per pound if less than or equal to (10 percent) in excess of the applicable weight limit;
(2). ( 2 "x" cents) per pound if more than (10 percent) but less than or equal to (20 percent) in excess of the applicable weight limit;
(3). (4 "x" cents) per pound if more than (20 percent) but less than or equal to (30 percent) in excess of the applicable weight limit;
(4). ( 8 "x" cents) per pound if more than (30 percent) but less than or equal to (40 percent) in excess of the applicable weight limit;
(5). (16 "x" cents) per pound if more than (40 percent) in excess of the applicable weight limit.
(e) If a vehicle exceeds more than one weight limitation, the civil penalty assessed shall be the higher of the possible penalties. No part of the penalty assessed under this section shall be suspended, probated or reduced in any manner unless a hearing officer determines that an incorrect weight assessment was made.
Section 2
(a) Any person who is found to have violated a weight limitation or the driver or owner of any vehicle placed out-of-service may request a hearing before the department to determine whether the law was violated and whether the correct penalty was assessed. The request for a hearing shall be made in writing to the department within (30) days following the issuance of the citation. Failure to make timely request for a hearing shall constitute an admission of the violation. The hearing shall be held within (30) days of the filing of the written request for a hearing. The hearing shall be held at the (State Police or State Department of Transportation) office with appropriate personnel and accommodations which is closest to the site of the alleged violation, unless the (Department or State Police) and the person requesting the hearing agree to a different location. The hearing shall be conducted by the department’s designated hearing officer. The hearing may be conducted upon a review of the police officer’s written reports and documentary evidence without the presence of the officer, or the officer’s testimony may be taken by telephone, or the officer may be subpoenaed to appear, in the discretion of the hearing officer. The hearing officer shall determine, upon the preponderance of the evidence, whether the law was violated and whether the correct damage assessment was made. The hearing officer may adjust the damage assessment only as necessary to correct an assessment error.
(b) Upon a determination by the hearing officer that a violation was not committed, the seized vehicle or vehicles shall be returned immediately to the possession of its owner, driver or representative.
(c) Any person aggrieved by a determination of the departmental hearing officer under this law is entitled to judicial review upon the record under (cite appropriate state statute comparable to section 15 of the Model State Administrative Procedure Act).
(d) A determination by the department under this section shall be independent of a determination of the same or similar facts by a court of law in a trial of any criminal charges for violation of the weight restrictions covered by this section.
(e) All penalty assessments collected by the department under this section shall be deposited in the state treasury to the credit of (the agency charged with enforcing vehicle weight limitations).
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1 This model law is intended to apply to vehicles with a gross vehicle weight of 26,001 pounds and above.
2 The penalty rate should increase very substantially as the weight violation increases to reflect both the willfulness of the violation and the exponential increase in pavement and bridge damage caused by increased weight. 3 The drafters suggest that states use a number between 5 and 10 (cents per pound) as the value of "x". Specified rates are contained in parentheses to suggest possible modification to reflect local needs and conditions.