[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR657.9]

[Page 248]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 657--CERTIFICATION OF SIZE AND WEIGHT ENFORCEMENT--Table of Contents
 
Sec. 657.9  Formulation of a plan for enforcement.

    (a) Each State shall develop a plan for the maintenance of an 
effective enforcement process. The plan shall describe the procedures, 
resources, and facilities which the State intends to devote to the 
enforcement of its vehicle size and weight laws. Each State plan must be 
accepted by the FHWA and will then serve as a basis by which the annual 
certification of enforcement will be judged for adequacy.
    (b) The plan shall discuss the following subjects:
    (1) Facilities and resources. (i) No program shall be approved which 
does not utilize a combination of at least two of the following listed 
devices to deter evasion of size and weight measurement in sufficient 
quantity to cover the FA system: fixed platform scales; portable wheel 
weigher scales; semiportable or ramp scales; WIM equipment.
    (ii) Staff assigned to the program, identified by specific agency. 
Where more than one State agency has weight enforcement responsibility, 
the lead agency should be indicated.
    (2) Practices and procedures. (i) Proposed plan of operation, 
including geographical coverage and hours of operation in general terms.
    (ii) Policy and practices with respect to overweight violators, 
including off-loading requirements for divisible loads. In those States 
in which off-loading is mandatory by law, an administrative variance 
from the legal requirement shall be fully explained. In those States in 
which off-loading is permissive administrative guidelines shall be 
included.
    (iii) Policy and practices with respect to penalties, including 
those for repeated violations. Administrative directives, booklets or 
other written criteria shall be made part of the plan submission.
    (iv) Policy and practices with respect to special permits for 
overweight. Administrative directives, booklets or other written 
criteria shall be made part of the plan submission.
    (3) Updating. Modification and/or additions to the plan based on 
experience and new developments in the enforcement program. It is 
recognized that the plan is not static and that changes may be required 
to meet changing needs.