Builders and Contractors Exchange
Weekly Bulletin: 27 jun 2008
Overweight Citations
By: John R. Lockard
The Code of Virginia and local statutes require special hauling permits to operate vehicles that exceed certain weight and size limitations. The permits are issued by the Virginia Department of Motor Vehicles and local authorities. A contractor may need multiple permits for trips that travel over state highways and local roads. Usually, these permits are subject to certain requirements including the use of escorts and flashing lights or flags. The laws relating to these permits are contained in the Code of Virginia, state statutes, and often local "moving and hauling manuals." Unfortunately, there are many grey areas in the law governing hauling permits.
Most violations of a hauling permit will result in the invalidation of the permit. In such a case, the contractor will be subject to a civil penalty based on the weight of the vehicle as if it had no permit. Even a minor violation can invalidate the permit and result in a penalty of $20,000.00 or more, including liquidated damages. To make matters worse, the courts have very little discretion in adjusting the amount of damages if the citation goes to trial. In most cases, this means that the court has no choice but to enter judgment for the full amount of liquidated damages even if the court feels that the violation was minor.
Contractors should study the requirements of permits carefully and ensure they have all the necessary permits for their routes. Many localities also hold classes regarding the requirements under their local hauling regulations. These classes are invaluable opportunities to learn how each locality interprets its own regulations. Further, a contractor who can demonstrate that it has been diligent about following the permit regulations is in a better position to negotiate a settlement of a citation. In the event that a contractor is not able to negotiate a fair settlement, we strongly recommend that they contact an attorney experienced in overweight citations in order to defend the claim.
Questions?
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This article is meant to bring awareness to this topic and is not intended to be used as legal advice.