Code Section Group

Vehicle Code - VEH

DIVISION 18. PENALTIES AND DISPOSITION OF FEES, FINES, AND FORFEITURES [42000 - 42277]

  ( Division 18 enacted by Stats. 1959, Ch. 3. )

CHAPTER 1. Penalties [42000 - 42032]

  ( Chapter 1 enacted by Stats. 1959, Ch. 3. )

ARTICLE 2. Weight Violations [42030 - 42032]
  ( Article 2 enacted by Stats. 1959, Ch. 3. )

42030.
  

(a) Every person convicted of a violation of any weight limitation provision of Division 15 (commencing with Section 35000), and every person convicted of a violation of Section 21461 with respect to signs provided pursuant to Section 35654 or 35752, and every person convicted of a violation of Section 40001 for requiring the operation of a vehicle upon a highway in violation of any provision referred to in this section shall be punished by a fine which equals the amounts specified in the following table:

Pounds of excess weight

Fine

     0– 1,000  ........................

$ 20 

 1,001– 1,500  ........................

 30

 1,501– 2,000  ........................

 40

 2,001– 2,500  ........................

 55

 2,501– 3,000  ........................

 85

 3,001– 3,500  ........................

105

 3,501– 4,000  ........................

125

 4,001– 4,500  ........................

145

 4,501– 5,000  ........................

175

 5,001– 6,000  ........................

.04 each lb.

 6,001– 7,000  ........................

.06 each lb.

 7,001– 8,000  ........................

.08 each lb.

 8,001–10,000  ........................

.15 each lb.

10,001 and over  ........................

.20 each lb.

(b) No part of the penalties prescribed by this section shall be suspended for a conviction of any of the following:

(1) Section 40001 for requiring operation of a vehicle upon a highway in violation of any provision referred to in this section.

(2) Any provision referred to in this section when the amount of the weight exceeds 4,000 pounds.

(3) Any provision referred to in this section when a second or subsequent conviction of a violation thereof occurs within three years immediately preceding the violation charged.

(c) However, notwithstanding any other provision of this section, the court shall exercise discretion with respect to the imposition of the fine under this section for excess weight not exceeding 1,000 pounds if the load of the vehicle cited consisted entirely of field-loaded, unprocessed bulk agricultural or forest products or livestock being transported from the field to the first point of processing or handling.

(d) Notwithstanding any other provision of this section, the court may exercise discretion with respect to the imposition of the fine under this section if any applicable local permit was obtained prior to the court hearing and, at the time of issuance of the notice to appear, the motor carrier was transporting construction equipment or materials and a valid extra-legal load permit from the Department of Transportation was in effect.

(Amended by Stats. 1996, Ch. 456, Sec. 1. Effective January 1, 1997.)

42030.1.
  

(a) Every person convicted of a violation of any declared gross vehicle weight limitation provision of this code, shall be punished by a fine that equals the amounts specified in the following table:

Pounds in Excess of the Declared Gross Vehicle Weight

Fine

 1,001–1,500  ........................

$ 250

 1,501–2,000  ........................

300

 2,001–2,500  ........................

350

 2,501–3,000  ........................

400

 3,001–3,500  ........................

450

 3,501–4,000  ........................

500

 4,001–4,500  ........................

550

 4,501–5,000  ........................

600

 5,001–6,000  ........................

700

 6,001–7,000  ........................

800

 7,001–8,000  ........................

900

 8,001–10,000  ........................

1,000

10,001 and over  ........................

2,000

(b) No part of the penalties prescribed by this section shall be suspended for a conviction of any of the following:

(1) Section 40001 for requiring operation of a vehicle upon a highway in violation of any provision referred to in this section.

(2) Any provision referred to in this section when a second or subsequent conviction of a violation thereof occurs within three years immediately preceding the violation charged.

(Added by Stats. 2000, Ch. 861, Sec. 58. Effective September 29, 2000. Operative December 31, 2001, pursuant to Sec. 67 of Ch. 861.)

42031.
  

Whenever the gross weight and any axle or wheel weight of a vehicle are in excess of the limits prescribed in this code, the excess weights shall be deemed one offense in violation of this code.

(Enacted by Stats. 1959, Ch. 3.)

42032.
  

(a) In addition to any other fines and penalties, any local public agency which owns or operates vehicles used for the collection of garbage, refuse, or rubbish and which has, within any 90-day period, been convicted an excessive number of times for operating those vehicles in violation of any of the weight limitations set forth in Chapter 5 (commencing with Section 35550) of Division 15, taking into consideration the total number of trip routes for those vehicles which are normally scheduled in the same 90-day period, may be assessed a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation. Nothing in this section affects the legal standards, proof requirements, or penalty provisions of any other provision of the law.

(b) The penalties imposed by this section shall be assessed and recovered in a civil action brought by the Attorney General or by any district attorney or city attorney. Prior to undertaking a civil action, a reasonable effort for informal resolution of the problem of excessive violations shall be made by the applicable attorney. Penalties recovered shall be paid to the Treasurer for deposit in the State Highway Account in the State Transportation Fund and used, upon appropriation, for purposes of highway maintenance.

(Added by Stats. 1990, Ch. 88, Sec. 1.)

VEHVehicle Code - VEH2