Sec 28-5438. Weight violations; civil penalty; classifications; procedures; evidence

A. A person who violates this article is:

1. Subject to a civil penalty either:

(a) As prescribed in subsection B of this section.

(b) Of one dollar if the excess weight is one thousand pounds or less.

2. Guilty of a class 3 misdemeanor for a second violation of this article within six months of the preceding judgment.

3. Guilty of a class 2 misdemeanor for a second conviction for a violation of this article within one year of the preceding conviction pursuant to paragraph 2 of this subsection.

B. A court shall impose civil penalties as follows:

 If the excess weight is:                  The minimum civil penalty is:
 

 1,001 to 1,250 pounds                                           $100.00
 1,251 to 1,500                                                   200.00
 1,501 to 2,000                                                   300.00
 2,001 to 2,500                                                   400.00
 2,501 to 3,000                                                   500.00
 3,001 to 3,500                                                   840.00
 3,501 to 4,000                                                   980.00
 4,001 to 4,500                                                  1120.00
 4,501 to 4,750                                                  1260.00
 4,751 to 5,000                                                  1400.00
                                             

5,001 and over 1400.00 plus an additional $100 for each 1000 pounds of excess weight

C. An unregistered vehicle that is operated on a public highway is deemed to have a gross weight of one pound for purposes of the civil penalty imposed by this section.

D. If an officer finds that a person has violated only the axle weight limitation and not the total weight limitation, the officer shall request the driver to shift the load, as reasonable under the circumstances, to comply with the axle weight limitation and notwithstanding this section:

1. If the driver does not comply with the request of the officer to shift the load, the driver is subject to a civil penalty or a criminal penalty.

2. If the driver complies with the axle weight limitation after shifting the load and the excess axle weight was two thousand five hundred pounds or less:

(a) The officer shall not cite the driver.

(b) The driver is not subject to a civil penalty or a criminal penalty for a violation of the axle weight limitation.

3. If the driver shifts the load but does not comply with the axle weight limitation or if the excess axle weight is more than two thousand five hundred pounds, the driver is subject to a civil penalty or a criminal penalty for a violation of the axle weight limitation.

E. If a person is arrested for violating this article, the arresting officer may take the person immediately before a magistrate who is within the county in which the offense charged is alleged to have been committed and who has jurisdiction of the offense. If the person is taken before a justice of the peace, the person shall be taken before the nearest or most accessible justice of the peace with reference to the place where the arrest is made.

F. The officer or court collecting or receiving a civil penalty, fee, fine or forfeiture for a violation of this article shall deposit, pursuant to sections 35-146 and 35-147, the amount in the Arizona highway user revenue fund. If a civil penalty, fee or fine is collected, ten dollars of the civil penalty, fee or fine is deductible as reimbursement of costs from the amount collected, unless the fee or fine is less than ten dollars. The collecting official shall deposit the deducted monies with the city, town or county treasury of the city, town or county prosecuting or processing the violation.

G. A weight certificate or any other document that evidences the receipt of goods for shipment, that is issued by a person engaged in the business of transporting or forwarding goods and that states the gross weight of the vehicle with load that is in excess of the prescribed maximum weight limitation permitted by this article is prima facie evidence that the weight of a vehicle and load is unlawful.

H. If the commodity being carried is sold by weight, a weight certificate or any other document that evidences the receipt of goods for shipment, that is issued by a person engaged in the business of transporting or forwarding goods and that states the gross weight of the vehicle with load that is not in excess of the prescribed maximum weight limitation permitted by this article is prima facie evidence that the gross weight of a vehicle and load is lawful. The presumption that the weight of the vehicle and load is lawful may be rebutted by the weight of the vehicle and load as shown by means of the department's stationary scale or a public weighmaster scale.