§ 12.44.060. Excess weight—Discretion of arresting officer.

In addition to the limitations of Sections 12.44.035, 12.44.040, 12.44.045, 12.44.050, if the gross axle weight is not more than five hundred pounds in excess of the maximum gross axle weight for one axle, and if the gross weight of two axles spaced less than seven feet apart is not more than one thousand pounds in excess of the maximum gross weight for two axles is not more than fifteen hundred pounds in excess of the maximum gross weight for any group of axles according to the wheelbase spacing of the group of axles as shown in the maximum gross load table of Section 12.44.045 and if the gross weight of a two-axle vehicle is not more than one thousand pounds in excess of the legal gross weight for such two-axle vehicle, and if the gross weight of a three-axle vehicle is not more than fifteen hundred pounds in excess of the maximum legal gross weight for such three-axle vehicle, and if the maximum gross weight of the combination of vehicles is not more than two thousand pounds in excess of the maximum legal gross weight of the combination of vehicles, the arresting officer may within his discretion, permit the operator to proceed with his vehicle or vehicles in combination without penalty. For the purpose of determining gross weights the actual scale weight taken by the arresting officer shall be prima facie evidence of such total gross weight.

It being the intention of the board of county commissioners to recognize that occasional weight discrepancies in cargo will occur, and to provide the arresting officer with authority and discretion to determine the same; but to prevent the habitual and consistent loading of vehicles above the maximum legal gross weight provided for in Sections 12.44.035, 12.44.040, 12.44.045, 12.44.050.

(Ord. 3748, 1968)