76620246.2-1139Virginia Decodedhttps://vacode.org2016Motor VehiclesOperationMotor Vehicle And Equipment SafetyPermits For Excessive Size And WeightPermits for excessive size and weight generally; penaltyCode 1950, § 46-339; 1956, c. 476; 1958, c. 541, §§ 46.1-343, 46.1-343.2; 1959, Ex. Sess., c. 91; 1960, c. 223; 1962, cc. 35, 162; 1966, c. 502; 1968, c. 203; 1972, c. 521; 1974, cc. 145, 252, 556; 1975, c. 599; 1976, c. 744; 1977, c. 632; 1979, c. 263; 1980, c. 328; 1981, c. 187; 1982, c. 256; 1983, cc. 170, 515; 1985, c. 7; 1987, cc. 321, 406, 420, 721; 1988, c. 82; 1989, c. 727; 1993, c. 68; 1996, cc. 36, 87; 1997, c. 70; 2001, c. 151; 2003, c. 314; 2009, c. 456; 2011, cc. 62, 73; 2012, c. 443; 2013, c. 118; 2015, c. 615.The Commissioner and, unless otherwise indicated in this article, local authorities of cities and towns, in their respective jurisdictions, may, upon written application and good cause being shown, and pursuant to the requirements of subsection A1, issue a permit authorizing the applicant to operate on a highway a vehicle of a size or weight exceeding the maximum specified in this title. Any such permit may designate the route to be traversed and contain any other restrictions or conditions deemed necessary by the body granting the permit.sectionAA1Any city or town, as authorized under subsection A, or any county that has withdrawn its roads from the secondary system of state highways that opts to issue permits under this article shall enter into a memorandum of understanding with the Commissioner that:sectionA1A11 Allows the Commissioner to issue permits on behalf of that locality; andsectionA11A112 Provides that the locality shall satisfy the following requirements prior to issuing such permits:
sectionA12A122 The locality shall have applications for each permit type available online.sectionA12aA12a3 The locality shall have designated telephone and fax lines to address permit requests and inquiries.sectionA12bA12b3 The locality shall have at least one staff member whose primary function is to issue permits.sectionA12cA12c3 The locality shall have one or more engineers on staff or contracted to perform bridge inspections and provide analysis for overweight vehicles.sectionA12dA12d3 The locality shall maintain maps indicating up-to-date vertical and horizontal clearance locations and limitations.sectionA12eA12e3 The locality shall provide to the Department an emergency contact phone number and assign a staff person who is authorized to issue the permit or authorized to make a decision regarding the permit request at all times (24 hours a day, seven days a week).sectionA12fA12f3 The locality shall retain for at least 36 months all permit data it collects.sectionA12hA12h3 The locality shall maintain an updated list of all maintenance and construction projects within that locality. The list shall provide starting and ending locations and dates for each project, and shall be updated as those dates change.sectionA12iA12i3Except for permits issued under § 46.2-1141 for overweight vehicles transporting containerized freight and permits issued for overweight vehicles transporting irreducible loads, no overweight permit issued by the Commissioner or any local authority under any provision of this article shall be valid for the operation of any vehicle on an interstate highway if the vehicle has:sectionBB1 A single axle weight in excess of 20,000 pounds; orsectionB1B12 A tandem axle weight in excess of 34,000 pounds; orsectionB2B22 A gross weight, based on axle spacing, greater than that permitted in § 46.2-1127; orsectionB3B32 A gross weight, regardless of axle spacing, in excess of 80,000 pounds.sectionB4B42The Commissioner may issue permits to operate or tow one or more travel trailers as defined in § 46.2-1500 or motor homes when any of such vehicles exceed the maximum width specified by law, provided the movement of the vehicle is prior to its retail sale and it complies with the provisions of § 46.2-1105. A copy of each such permit shall be carried in the vehicle for which it is issued.sectionCC1 Every permit issued under this article for the operation of oversize or overweight vehicles shall be carried in the vehicle to which it refers and may be inspected by any officer or size and weight compliance agent. Violation of any term of any permit issued under this article shall constitute a Class 1 misdemeanor. Violation of terms and conditions of any permit issued under this article shall not invalidate the weight allowed on such permit unless (i) the permit vehicle is operating off the route listed on the permit, (ii) the vehicle has fewer axles than required by the permit, (iii) the vehicle has less axle spacing than required by the permit when measured longitudinally from the center of the axle to center axle with any fraction of a foot rounded to the next highest foot, or (iv) the vehicle is transporting multiple items not allowed by the permit.sectionD1D12 Any multi-trip permit authorizing the applicant to operate on a highway a vehicle of a size or weight exceeding the maximum specified in this title may be transferred to another vehicle no more than two times in a 12-month period, provided that the vehicle to which the permit is transferred is subject to all the limitations set forth in the permit as originally issued. The applicant shall pay the Department an administrative fee of $ 10 for each transfer.sectionD2D22Any permit issued by the Commissioner or local authorities pursuant to state law may be restricted so as to prevent travel on any federal-aid highway if the continuation of travel on such highway would result in a loss of federal-aid funds. Before any such permit is restricted by the Commissioner, or local authority, written notice shall be given to the permittee.sectionEE1Morris v. City of Virginia Beach0580101707 S.E.2d 4792011-04-19https://www.courtlistener.com/opinion/1061955/morris-v-city-of-virginia-beach/ . . . reference Code §§ 46.2-1105(A)(4), 46.2-1109, 46.2-1139(A)),[2] and (ii) by failing to properly . . . <abbr title="Court of Appeals">COA</abbr>Morris v. City of Virginia Beach0580101707 S.E.2d 4792011-04-19https://www.courtlistener.com/opinion/1061955/morris-v-city-of-virginia-beach/ . . . reference Code §§ 46.2-1105(A)(4), 46.2-1109, 46.2-1139(A)),[2] and (ii) by failing to properly . . . <abbr title="Court of Appeals">COA</abbr>http://law.lis.virginia.gov/vacode/46.2-1139/46.2-1105Width of vehicles generally; exceptions/46.2-1105/46.2-1141Overweight permits for containerized freight/46.2-1141/46.2-1500Definitions/46.2-1500//46.2-1139/46.2/III/10/18/46.2-113946.2-102646.2-1149.646.2-290046.2-290146.2-828.246.2-872