§ 393. Measurement and weight of vehicles; responsibility for damages.
Any peace officer in this state, acting pursuant to his special duties,
police officer or employee of the department of transportation, having
reason to believe that any vehicle registered under the provisions of
subdivision seven or eight of section four hundred one or described in
section three hundred eighty-five of this chapter or the load thereon is
unlawful is authorized to stop, measure and weigh the same on any public
highway by means of portable or stationary measures and scales. Any
peace officer in this state, acting pursuant to his special duties, or
police officer may require that such vehicle shall be driven to the
nearest scales in the event such scales are within three miles, and if
he finds that such vehicle is loaded in violation of the provisions of
said subdivision seven or eight of section four hundred one or section
three hundred eighty-five, he shall cause the excess load to be removed
from such vehicle; and all material or goods so removed shall be removed
and cared for by the owner or operator of such vehicle at the risk of
such owner or operator of such vehicle; provided further that the owner
and operator of any vehicle unlawfully operated or moved on any highway,
or over any bridge or culvert in any highway, and the carrier in the
conduct of whose business such vehicle is being operated at the time of
violation, if such vehicle is then being operated in the conduct of
business of a motor carrier, shall be jointly and severally responsible
for all damages to such highway, bridge or culvert, as the result of the
movement thereover of any vehicle, the weight or size of which violates
any of the provisions of said section three hundred eighty-five. The
department of transportation, in the case of highways, bridges or
culverts under its jurisdiction, and the authority having jurisdiction
thereover, in the case of highways, bridges or culverts situated within
municipalities, may bring such civil action or actions against the owner
and operator of the vehicle or the motor carrier as may be necessary to
recover the damages sustained; and all funds recovered by the department
of transportation in behalf of the state shall be paid to the state
treasurer to the credit of the fund available for the maintenance and
repair of state highways, and funds recovered in behalf of a
municipality shall be applied in improving the highways, bridges and
culverts in such municipality.