Sec 28-5437. Operation with excess weight; violation; classification

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A person who operates or who causes, permits or authorizes the operation on the public highways of this state of a vehicle singly or in a vehicle combination with a gross weight in excess of the vehicle's or vehicle combination's declared gross weight:

1. Is guilty of a class 2 misdemeanor notwithstanding section 28-5438.

2. Is deemed to have set a new declared gross weight for the vehicle or vehicle combination.

3. Shall reregister the vehicle or vehicle combination and shall pay a fee for the new gross weight or the maximum gross weight allowed by law, whichever is lower, without any allowance or reduction in the fee as provided for in this article or the proportional mileage per cent factor as provided in chapter 7, article 7 or 8 of this title.

                    
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