To: State Legislators, Legislative Reference Bureaus, and NCUTLO members

From: John Archer, Chair of the National Committee on Uniform Traffic Laws and Ordinances

Re: The content and purpose of the Model Law on Civil Penalties for Weight Limit Violations

Frequent operation of overweight vehicles prematurely damages the highway system, particularly its bridges, and thereby substantially degrades road safety, increases pavement repair and replacement costs, and escalates vehicle damage related to pavement deficiencies.

Criminal sanctions are inadequate deterrents to the use of overweight vehicles. Enforcement cases are time-consuming, with resulting fines typically just a fraction of the additional profits realized as a result of weight violations. Incarceration almost never is imposed regardless of the severity of the violation.

Ineffective criminal enforcement rewards violators of vehicle weight limitations and places honest operators at a serious competitive disadvantage. For the unscrupulous operator, driving overweight can be very lucrative, with the occasional fine a minor cost of doing business.

In contrast, civil penalties would expedite enforcement, allow grossly overweight vehicles to be removed immediately from service, and provide a graduated fee schedule based on the severity of the weight violation. Thus, a well-designed civil enforcement system would substantially increase deterrence to overweight vehicle operations and also would help protect honest operators from unfair and illegal competition.

To help achieve these objectives, the National Committee on Uniform Traffic Laws and Ordinances has developed this Model Law on Civil Penalties for Weight Limit Violations incorporating the following key provisions:

It authorizes the police officer to immediately place "out-of-service" vehicles or combinations of vehicles exceeding applicable weight limitations by 10 percent or more;

Its civil penalty rate schedule increases very substantially as weight violations increase to reflect the willfulness of the violation and the exponential increase in pavement and bridge damage caused by increased weight;

It authorizes the use of portable or stationary scales, and weigh-in-motion devices as screening devices; and

It provides a simple and expedited administrative hearing appeal process with decisions based on the preponderance of the evidence.