28-1102 - Weighing of vehicles and loads; violation; classification; civil penalty
28-1102. Weighing of vehicles and loads; violation; classification; civil penalty
A. A police or peace officer having reason to believe that the weight of a vehicle and load does not conform to this article may require the driver to:
1. Stop and submit to a weighing of the vehicle and load by means of either portable or stationary scales.
2. Drive the vehicle to the nearest public scales, if the scales are within two miles.
B. If on weighing a vehicle and load pursuant to subsection A of this section an officer determines that the weight does not conform to this article, the officer may require the driver to stop the vehicle in a suitable place and remain standing until the portion of the load is removed as necessary to reduce the gross weight of the vehicle to the limit permitted under this article. The owner or operator shall care for the material unloaded at the risk of the owner or operator.
C. A driver of a vehicle is guilty of a class 3 misdemeanor who either:
1. Knowingly fails or refuses to stop and submit the vehicle and load to a weighing.
2. Knowingly fails or refuses when directed by an officer on a weighing of the vehicle to stop the vehicle and otherwise comply with subsections A and B of this section.
D. A peace officer as defined in section 41-1701 or any other peace officer designated by the director may require the weighing of a commercial vehicle by means of portable scales at any time. Failure to submit to weighing as required by this subsection is punishable by a civil penalty, the minimum of which is the minimum civil penalty for over six thousand pounds overweight as prescribed in section 28-1101, subsection B.