Virginia § 46.2-1135 - (Contingent effective date -- see note*) Liquidated damages for violation of weight limits
Full text of Virginia Code of Virginia § 46.2-1135 — (Contingent effective date -- see note*) Liquidated damages for violation of weight limits, with citation guidance and answers to common questions.
§ 46.2-1135. (Contingent effective date -- see note*) Liquidated damages for violation of weight limits
A. Any person violating any weight limit as provided in this chapter or in any permit issued pursuant to Article 18 (§ 46.2-1139 et seq.) of this chapter by the Department or its designee or by local authorities pursuant to this chapter shall be assessed liquidated damages. The amount of those damages shall be:
| a | Excess weight over the prescribed or permitted axle weight limits | Assessed amount per pound | Excess weight over the prescribed gross weight limit | Assessed amount per pound |
| b | 4,000 pounds or less | 1¢ per pound | 4,000 pounds or less | 1¢ per pound |
| c | 4,001 to 8,000 pounds | 10¢ per pound | 4,001 to 8,000 pounds | 5¢ per pound |
| d | 8,001 to 12,000 pounds | 20¢ per pound | 8,001 to 12,000 pounds | 10¢ per pound |
| e | 12,001 pounds or more | 30¢ per pound | 12,001 pounds or more | 15¢ per pound |
All gross permit violations shall be assessed $.20 per pound over the permitted weight limit.
If a person has no prior violations under the motor vehicle weight laws, and the excess weight does not exceed 2,500 pounds, the general district court may waive the liquidated damages against such person. Except as provided by § 46.2-1138, such assessment shall be entered by the court or by the Department as a judgment for the Commonwealth, the entry of which shall constitute a lien upon the overweight vehicle. Except as provided by § 46.2-1138, such sums shall be paid to the Department or collected by the attorney for the Commonwealth and forwarded to the State Treasurer and allocated to the fund appropriated for the construction and maintenance of state highways.
B. If the gross weight of the vehicle exceeds lawful limits by at least 25 percent but no more than 50 percent, the amount of the liquidated damages shall be two times the amount provided for in the foregoing provisions of this section; if the gross weight of the vehicle exceeds lawful limits by more than 50 percent, the amount of the liquidated damages shall be three times the amount provided for in the foregoing provisions of this section. The provisions of this subsection shall not apply to pickup or panel trucks.
Code 1950, § 46-338.2; 1956, c. 215; 1958, cc. 541, 612, § 46.1-342; 1968, c. 184; 1974, c. 331; 1977, c. 644; 1981, c. 187; 1986, c. 588; 1987, c. 372; 1989, c. 727; 1994, c. 922; 1997, c. 479; 2001, cc. 411, 433; 2003, c. 314; 2007, c. 896.
| *This section is set out twice because the 22nd enactment of Chapter 896 of the Acts of Assembly of 2007 states: "That the provisions of this act which generate additional revenue for the Transportation Trust Fund, established under § 33.1-23.03:1 of the Code of Virginia, or the Highway Maintenance and Operating Fund shall expire on December 31 of any year in which the General Assembly appropriates any of the revenues designated under general law to the Highway Maintenance and Operating Fund or the Transportation Trust Fund for any non-transportation related purpose." |
Source: official Virginia text · Last verified 2026-08-27
Frequently Asked Questions About Virginia § 46.2-1135
What does Code of Virginia § 46.2-1135 cover?
Section 46.2-1135 ("(Contingent effective date -- see note*) Liquidated damages for violation of weight limits") is part of the Code of Virginia, the codified statutory law of Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Virginia § 46.2-1135?
A common citation format is "Code of Virginia § 46.2-1135" (Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Virginia official source linked on this page or consult a licensed Virginia attorney.
How does Virginia § 46.2-1135 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Virginia.