§ 30-308. Weight and load unlawful; inspection; penalty; review.  


Latest version.
  • (1)

    Any officer or agent of the Department of Highway Safety and Motor Vehicles or the Florida Public Service Commission having reason to believe that the weight of a vehicle and load is unlawful is authorized to require the driver to stop and submit to a weighing of the same either by means of portable or stationary scales and may require that such vehicle be driven to the nearest public scales, provided such public scales are within two (2) miles.

    (2)

    Whenever an officer upon weighing a vehicle or combination of vehicles with load, determines that the axle weight or gross weight is unlawful, the officer may require the driver to stop the vehicle in a suitable place and remain standing until a determination can be made as to the amount of weight thereon, and if overloaded the amount of penalty to be assessed as provided herein; provided, however, that any and all gross weight over and beyond six thousand (6,000) pounds beyond the maximum herein set shall be unloaded and all material so unloaded shall be cared for by the owner or operator of the vehicle at the risk of such owner or operator; provided that for enforcement purposes all scaled weights of the gross or axle weight of vehicles and combinations of vehicles shall be deemed to be not closer than ten (10) percent to the true gross weight; provided further, however, that if the driver of any vehicle can comply with the requirements of this chapter by shifting or equalizing the load on all wheels or axles and does so when requested by the proper authority, the driver shall not be held to be operating in violation of this chapter.

    (3)

    Any person who violates the overloading provisions of this chapter shall be conclusively presumed to have damaged the highways of this State by reason of such overloading, which damage is hereby fixed as follows:

    (a)

    When the excess weight is one hundred (100) pounds or less than the maximum herein provided, the penalty shall be five dollars ($5.00);

    (b)

    Five cents ($0.05) per pound for each pound of weight in excess of the maximum herein provided when the excess weight exceeds one hundred (100) pounds; provided, however, that whenever the gross weight of the vehicle or combination of vehicles does not exceed the maximum allowable gross weight, the maximum fine for the first one thousand (1,000) pounds of unlawful axle weight shall be ten dollars ($10.00).

    (4)

    Whenever any person violates the provisions of this chapter and becomes indebted to the State because of such violation in the amounts aforesaid and refuses to pay said penalty, such penalty shall become a lien upon the overloaded motor vehicle, and the same may be foreclosed by the State in a court of equity. It shall be presumed that the owner of the overloaded motor vehicle is liable for the sum, provided that any person, firm or corporation claiming an interest in the seized motor vehicle may at any time after the State's lien attaches to the motor vehicle obtain possession of the seized vehicle by filing a good and sufficient forthcoming bond with the officer having possession of the vehicle, payable to the Governor of the State in twice the amount of the State's lien, with a corporate surety duly authorized to transact business in this State as surety, conditioned to have the motor vehicle or combination of vehicles forthcoming to abide the result of any suit for the foreclosure of said lien. It shall be presumed that the owner of the overloaded motor vehicle is liable for the penalty imposed under this section. Upon the posting of such bond with the officer making the seizure, the vehicle shall be released and the bond shall be forwarded to the Department of Transportation for safekeeping. The lien of the State against the motor vehicle aforesaid shall be foreclosed in equity and the ordinary rules of court relative to proceedings in equity shall control. If it appears that the seized vehicle has been released to the defendant upon his forthcoming bond, the State shall take judgment of foreclosure against the property itself, and judgment against the defendant and the sureties on the bond for the amount of the lien including cost of proceedings. After the rendition of the decree, the State may, at its option, proceed to sue out execution against the defendant and his sureties for the amount recovered as aforesaid or direct the sale of the vehicle under foreclosure.

    (5)

    Any officer collecting the penalty herein imposed shall give to the owner or driver of the overloaded vehicle an official receipt for all penalties collected. Such officers or agents of the State departments shall cooperate with the owners or drivers of motor vehicles so as not to unduly delay the vehicles. All penalties imposed and collected under this section by any State agency having jurisdiction, shall be paid to the Treasurer of the State, who shall credit the total amount thereof to the State roads trust fund which shall be used to repair and maintain the roads of this State, and to enforce this chapter, relating to weights of vehicles.

    (6)

    There is hereby created a Board of Review consisting of the Secretary of the Department of Transportation, the Chairman of the Public Service Commission, the Director of the Division of Motor Vehicles, and the Director of the Division of Highway Patrol, or their authorized representatives, which may review any penalty imposed upon any vehicle or person under the provisions of this chapter, relating to weights imposed on the highways by the axles and wheels of motor vehicles.

    (7)

    Any person aggrieved by the imposition of a civil penalty pursuant to this section may apply to the Review Board for a modification, cancellation, or revocation of the penalty, and the Review Board is authorized to modify, cancel, revoke or sustain such penalty.

(Ord. No. 71-94, § 1, 12-21-71)