Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 20 - DEPARTMENT OF MOTOR VEHICLES › Chapter 82 - OVERLOAD AND HAULING PERMITS REGULATION › Part VIII - Denial; Revocation; Refusal To Renew; Appeal; Invalidation › Section 24VAC20-82-180 - Denial; revocation; refusal to renew; appeal; invalidation

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
				  hauling permit may be revoked by DMV upon written findings that the permittee
				  violated the terms of the permit. Terms of the permit include adherence to this
				  chapter and 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. A hauling permit 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 DMV
				  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 all delinquent 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 the assistant commissioner's 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 the assistant
				  commissioner's 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 (§ 2.2-4000 et seq. of the Code of Virginia). Upon revocation
				  of the permit, it must be surrendered without consideration for refund or
				  credit of fees. Upon restoration of permit privileges a new 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 the center of the next 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 this section; if the vehicle
					 is over the permitted weight; or if law enforcement deems the vehicle to be
					 violating any safety requirement.
Statutory Authority: § 46.2-203 of the Code of
						Virginia.