Section 24-111.1 - Removal of excess weight.
§ 24-111.1. Removal of excess weight.
(a) Required removal - Overweight 5,000 pounds or less.- Except as otherwise provided in this section, as to any vehicle found to exceed the weight limits permitted under this subtitle, if the overweight does not exceed 5,000 pounds, a police officer may require the driver to unload the excess weight.
(b) Required removal - Overweight exceeding 5,000 pounds.- Except as otherwise provided in this section, as to any vehicle found to exceed the weight limits permitted under this subtitle, if the overweight exceeds 5,000 pounds, the vehicle may not be moved until the excess weight is unloaded.
(c) Exception - Vehicle transporting liquid milk.- Except on interstate highways, if an overweight vehicle bears registration plates issued by this State and is transporting liquid milk in bulk from the producer, the vehicle may be granted a 5 percent tolerance on the applicable registration or statutory gross weight limit. However, a tolerance granted under this subsection may not permit the gross weight of the vehicle to exceed 80,000 pounds.
(d) Exception - Indivisible load.- As to an overweight vehicle carrying an indivisible load:
(1) If it is the first indivisible load overweight violation by the driver of the vehicle, the vehicle may be allowed to proceed, after a permit to do so is obtained from the State Highway Administration; and
(2) If it is a second or subsequent indivisible load overweight violation by the driver of the vehicle, the vehicle shall return with its load to its place of entry or origin in this State, after a permit to do so is obtained from the State Highway Administration.
(e) Exception - Perishable products.- As to an overweight vehicle carrying perishable products as its only load:
(1) If it is the first perishable load overweight violation during the calendar year by the driver of the vehicle, the vehicle shall be allowed to proceed to its destination; and
(2) If it is a second or subsequent perishable load overweight violation during the calendar year by the driver of the vehicle, the vehicle may not be moved until the excess weight is unloaded.
(f) Care and risk in unloading.- All material or cargo unloaded under this section shall be cared for by the owner or operator of the vehicle at the risk of the owner or operator.
[An. Code 1957, art. 661/2, § 14-111; 1977, ch. 14, § 2; 1984, ch. 742; 1986, ch. 472, § 1; 1987, ch. 515, § 2; 1988, ch. 6, § 1; 1991, ch. 396; 1999, ch. 30.]