Section 230. Denial; revocation; refusal to renew; appeal; invalidation

Part IX. Denial; Revocation; Refusal to Renew; Appeal; Invalidation

A. An overweight or oversize permit may be revoked by the Department of Motor Vehicles upon written findings that the permittee violated the terms of the permit, which shall incorporate by reference these rules, as well as state and local laws and ordinances regulating the operation of overweight or oversized vehicles. Repeated violations may result in a permanent denial of the right to use the state highway system or roads for transportation of overweight and oversized vehicle configurations. A permit may also be revoked for misrepresentation of the information on the application, fraudulently obtaining a permit, alteration of a permit, or unauthorized use of a permit.

B. Hauling permits may be denied to any applicant or company, or both, for a period not to exceed one year when the applicant or company or both has been notified in writing by the Department of Motor Vehicles designee that violations existed under a previously issued permit. Customers who are delinquent in payment to other DMV functions will be denied a hauling permit until their delinquent account or accounts are satisfied.

C. No permit application request shall be denied or revoked, or permit application renewal refused, until a written notice of the violation of the issued permit has been furnished to the applicant. The permittee may appeal in writing to the Assistant Commissioner of Motor Carrier Services or his designee within 10 working days of receipt of written notification of denial or revocation setting forth the grounds for making an appeal. Upon receipt of the appeal, the Assistant Commissioner for Motor Carrier Services or his designee will conduct an informal fact-finding process conforming to the requirements of the Code of Virginia and will issue a case decision that will be the final administrative step. Judicial review of such decision shall be available pursuant to § 2.2-4025 of the Administrative Process Act. Upon revocation of the permit, it must be surrendered without consideration for refund or credit of fees. Upon restoration of permit privileges a new hauling permit must be obtained prior to movement on the state highway system.

D. Law-enforcement officials or weight-enforcement officials may invalidate or confiscate a hauling permit if the permitted vehicle or vehicle combination is operating off the route listed on the permit; if the vehicle has fewer axles than required by the permit; if the vehicle has less axle spacing than required by the permit when measured longitudinally from the center of the axle to center axle with any fraction of a foot rounded to the next highest foot; or if the vehicle is transporting multiple items not allowed by the permit.

Law-enforcement officials or weight-enforcement officials may direct the vehicle to a safe location, at the permittee's expense, and detain the vehicle configuration until it meets all the requirements of the hauling permit or until a new hauling permit is issued if the vehicle is not traveling with escorts as required by the permit; if the vehicle is traveling outside the hours specified within the permit; if the driver does not have the entire permit in the vehicle; if the hauling permit has been invalidated or confiscated due to one of the conditions listed in subsection C of this section; if the vehicle is over the permitted weight; or if law enforcement deems the vehicle to be violating any safety requirement.

Historical Notes

Derived from Volume 25, Issue 26, eff. September 30, 2009.

Statutory Authority

§ 46.2-203 and Article 18 (§ 46.2-1139 et seq.) of Chapter 10 of Title 46.2 of the Code of Virginia.