Weight Restrictions

The Defendant appealed the trial magistrate’s sanction of a $3000 fine pursuant to R.I.G.L. 1956 § 31-25-27 (weight restrictions on state highways). The Defendant argued that the trial magistrate misapplied the fee schedule outlined in 31-25-16(c). Here, the Trooper testified that the Defendant’s vehicle was 31,100 pounds over the weight limit. The Panel noted that, pursuant to the statute, the overweight penalties for vehicles exceeding the gross vehicle weight limit shall be $125 per thousand pounds overweight. R.I.G.L. 1956 § 31-25-16(c)(3). The Panel held that there was no error in calculation because the 31,000 pound overage multiplied by the fine of $125 per thousand pound overage brings the total fine that could be assessed to $3,875. Accordingly, the Panel held that the fine was calculated correctly, but reduced the fine to $2000 in the interest of justice.

State of Rhode Island v. Anderson Szyko, C.A. T08-0042 (July 9, 2008).pdf

Weight Restrictions

The Defendant appealed the trial magistrate’s sanction of a fine pursuant to R.I.G.L. 1956 § 31-25-27 (weight restrictions on state highways). The Defendant argued that the trial magistrate erred in finding that the signs placed on the highway to notify motorists of the weight limit were sufficient to put the Defendant on notice of the limit. Here, the Defendant asserted that he did not see the signs, but the Trooper testified that there were eight signs that the Defendant passed warning of the bridge’s weight limit. The Panel held that the Defendant did have adequate notice of the weight restrictions based on the Trooper’s testimony that there were eight signs on the highway leading up to the bridge. Accordingly, the Panel upheld the trial magistrate’s decision to sustain the violation.

State of Rhode Island v. Anderson Szyko, C.A. T08-0042 (July 9, 2008).pdf