CODE OF VIRGINIA

REDUCTION OF LIMITS BY COMMISSIONER OF HIGHWAYS AND LOCAL AUTHORITIES; PENALTIES
(§ 46.2-1104)

The Commissioner of Highways, acting through employees of the Department of
Transportation, may prescribe the weight, width, height, length, or speed of any
vehicle or combination of vehicles passing over any highway or section of
highway or bridge constituting a part of the interstate, primary, or secondary
system of highways. Any limitations thus prescribed may be less than those
prescribed in this title whenever an engineering study discloses that it would
promote the safety of travel or is necessary for the protection of any such
highway.If the reduction of limits as provided in this section is to be
effective for more than 90 days, a written record of this reduction shall be
kept on file at the central office of the Department of Transportation. In
instances where the limits, including speed limits, are to be temporarily
reduced, the representative of the Department of Transportation in the county
wherein such highway is located shall immediately notify the Chief Engineer for
the Department of Transportation of such reduction. The Chief Engineer shall
either affirm or rescind the action of reducing such limits within five days
from the date the limits have been posted as hereinafter provided. A list of all
highways on which there has been a reduction of limits as herein provided shall
be kept on file at the central office of the Department of Transportation.
Anyone aggrieved by such reduction of limits may appeal directly to the
Commissioner of Highways for redress, and if he affirms the action of reducing
such limits, the Commonwealth Transportation Board shall afford any such
aggrieved person the opportunity of being heard at its next regular meeting.The
local authorities of counties, cities, and towns, where the highways are under
their jurisdiction, may adopt regulations or pass ordinances decreasing the
weight limits prescribed in this title for a total period of no more than 90
days in any calendar year, when an engineering study discloses that operation
over such highways or streets by reason of deterioration, rain, snow, or other
climatic conditions will seriously damage such highways unless such weights are
reduced.In all instances where the limits for weight, size, or speed have been
reduced by the Commissioner of Highways or the weights have been reduced by
local authorities pursuant to this section, signs stating the weight, height,
width, length, or speed permitted on such highway shall be erected at each end
of the section of highway affected and no such reduced limits shall be effective
until such signs have been posted.Notwithstanding any other provision of law to
the contrary, it shall be unlawful to operate a vehicle or combination of
vehicles on any public highway or section thereof when the weight, size, or
speed thereof exceeds the maximum posted by authority of the Commissioner of
Highways or local authorities pursuant to this section.Any violation of any
provision of this section shall constitute a Class 2 misdemeanor. Furthermore,
the vehicle or combination of vehicles involved in such violation may be held
upon an order of the court until all fines and costs have been satisfied.

HISTORY: Code 1950, §§ 46-340, 46-341; 1952, cc. 137, 237; 1958, c. 600, §
46.1-345; 1966, c. 85; 1968, c. 218; 1989, c. 727; 2005, c. 645; 2013, c. 118.