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<br />. <br /> <br />e <br /> <br />TRAFFIC AND VEHICLES <br /> <br />~ 70-256 <br /> <br />(4) In this section, an axle load is defined as the total load transmitted to the road by all <br />wheels whose centers may be included between two parallel transverse vertical planes <br />40 inches apart, extending across the full width of the vehicle. Tandem axle group is <br />defined as two or more axles spaced 40 or more inches apart from center to center, <br />having at least one common point of weight suspension. <br /> <br />(5) Any police officer, having reason to believe that the gross weight or axle load of a <br />loaded motor vehicle is unlawful, is authorized to weigh the vehicle by means of <br />portable or stationary scales approved by the police department ofthe city for such use, <br />or the police officer may cause the loaded motor vehicle to be weighed by any public <br />weigher and may require such vehicle to be driven to the nearest available scales for <br />the purpose of weighing. If the gross weight of a vehicle weighed pursuant to this <br />subsection, is found to exceed the maximum gross weight authorized by law, plus a <br />tolerance allowance of five percent of the gross weight authorized by law, such police <br />officer shall demand and require the operator or owner of the motor vehicle to unload, <br />or cause to be unloaded, such portion of the load as is necessary to decrease the gross <br />weight of such vehicle to the maximum pennitted by law, plus such tolerance <br />allowance. Such vehicle may not be operated further over the public streets and <br />highways within the city until the gross weight of the vehicle has been reduced to a <br />weight not in excess of the maximum authorized by law plus such tolerance allowance, <br />except as authorized under this subsection.. If the axle load of a vehicle weighed <br />pursuant to this subsection, is found to exceed the maximum authorized by law, plus <br />a tolerance allowance of tive percent of the axle load authorized by law, such police <br />officer shall demand and require the operator or owner of the motor vehicle to decrease <br />the axle load to the maximum authorized by law plus such tolerance allowance. The <br />owner or operator may reduce such load by rearranging the cargo, if possible, or by <br />unloading or having others to unload such portion of the cargo as is necessary to <br />decrease the axle load to the maximum authorized by law, plus such tolerance <br />allowance. Such vehicle may not be operated further over the public streets and <br />highways within the city so long as any axle load exceeds the maximum authorized by <br />law plus such tolerance allowance except as authorized under this subsection. If the <br />load of a motor vehicle consists of livestock, the operator shall be pennitted to proceed <br />to the destination without unloading providing the destination is within the state. If <br />the gross weight of a motor vehicle or an axle load exceeds the maximum pennitted by <br />law, plus a tolerance oftive percent ofthe gross weight authorized by law, but the police <br />officer believes that the cargo cannot be unloaded or rearranged safely at the place <br />where such vehicle was weighed, or the police officer believes that the unloading or <br />rearranging of the cargo at such place would create an unreasonable disruption of <br />traffic, he shall require the operator to proceed to a location where the cargo can be <br />unloaded or rearranged safely without causing disruption to traffic. Such location shall <br />be the nearest such place on city property, or property under the control of the driver <br />or his principal, or on property where consent has been given for such loading and <br />where it is feasible to unload or rearrange such cargo. <br />(Code 1970, * 25-86(a)) <br /> <br />CD70:21 <br />