Section 32-9-45 - Overweight operation of vehicle--Payment of additional fee--Payment nodefense.
32-9-45. Overweight operation of vehicle--Payment of additional fee--Payment no defense. Any motor carrier who shall operate upon the public highway any motor vehicle the weight of which, together with its load, shall exceed the gross weight of such vehicle specified in his application and authorized in the commercial motor vehicle certificate, shall be thereby deemed to have specified such greater weight and to have agreed to pay the appropriate fee and shall forthwith pay the amount by which the correct fee therefor, for the full term of the authorized operation of such motor vehicle under his certificate or permit, exceeds the amount of fee actually paid. Such additional amount is compensation and not a penalty or fine, and the payment thereof does not constitute a defense or bar to conviction for such, or any other violation of this chapter.
Source: SDC 1939, § 44.0431; SL 1953, ch 239; SL 1977, ch 249, § 44; SL 1989, ch 255, § 28.