1.Operation prohibited. A person commits a traffic infraction if that person operates or causes operation of a vehicle in excess of its registered weight on a public way. [2001, c. 267, §2(AMD); 2001, c. 267, §16(AFF).]
2.Prima facie evidence. Operation of a vehicle is prima facie evidence that the operation was caused by the vehicle registrant. [2001, c. 267, §2(AMD); 2001, c. 267, §16(AFF).]
3.Exception.[2001, c. 267, §3(RP); 2001, c. 267, §16(AFF).]
4.Penalty. Notwithstanding Title 17-A, section 4-B, the fine for a violation of subsection 1 is twice the difference in the registration fees for the actual weight and the registered weight of the vehicle. The minimum fine for a violation of this section is $25. [2001, c. 267, §4(AMD); 2001, c. 267, §16(AFF).]
5.Reduced penalty.[2001, c. 267, §5(RP); 2001, c. 267, §16(AFF).]
6.Private ways exempted. This section does not apply to operating on private ways. [1993, c. 683, Pt. A, §2(NEW); 1993, c. 683, Pt. B, §5(AFF).]
7.Notice of failure to appear or noncompliance with orders. If a person after being ordered to appear to answer a violation fails to appear or after appearing fails to comply with an order issued pursuant to this section, the court shall notify the Secretary of State. [1995, c. 65, Pt. A, §153(AFF); 1995, c. 65, Pt. C, §8(NEW); 1995, c. 65, Pt. C, §15(AFF).]
8.Suspension of registrations. After receiving notice pursuant to subsection 7, the Secretary of State shall suspend the person's registration certificates and plates and the privilege to operate a motor vehicle in this State. The suspension remains in effect until the person appears in court and complies with a court order. [2015, c. 473, §18(AMD).]
9.Subsequent violation. A person issued a summons for violating this section does not commit a subsequent violation of this section involving the same vehicle and same load until the next business day. [2007, c. 383, §27(NEW).]
Amended by 2016, c. 473,§ 18, eff. 4/15/2016.1993, c. 683, §A2 (NEW) . 1993, c. 683, §B5 (AFF) . 1995, c. 65, §§A153,C15 (AFF) . 1995, c. 65, §§C7,8 (AMD) . 2001, c. 267, §§2-5 (AMD) . 2001, c. 267, § 16 (AFF) . 2007, c. 383, § 27 (AMD) . 2009, c. 598, § 39 (AMD) .