Oversize/Overweight

The defendant on a ticket issued for an overweight violation can be the operator or the carrier. The fines for an overweight violation depend on several factors.  The fines are a set amount per thousand pounds overweight, and vary depending the amount of the overweight. It also depends if the vehicle is operating on a permit, and how many overweight tickets the defendant has been convicted of in the last 12 months. The fines can be found in the Judicial Bureau’s Schedule of Fines under Title 23 VSA Section 1391a at the following website: https://www.vermontjudiciary.org/eforms/Waiver_Penalty_Schedule.pdf

There are several ways a vehicle can be overweight; such as over the registered weight, over tire limits, over an axle weight, or over gross weight.  Depending on which way a vehicle is overweight depends on what there is for a enforcement tolerance.  Depending on the weight violation, a tolerance will vary from a zero tolerance to a 10% tolerance.  It also depends on whether the vehicle is being operated in conformance with a special permit.  However, there is no weight statute that uses the Gross Vehicle Weight Rating (GVWR) as the basis for a vehicle’s legal weight limit.