§ 393. Measurement and weight of vehicles; responsibility for damages.\nAny peace officer in this state, acting pursuant to his special duties,\npolice officer or employee of the department of transportation, having\nreason to believe that any vehicle registered under the provisions of\nsubdivision seven or eight of section four hundred one or described in\nsection three hundred eighty-five of this chapter or the load thereon is\nunlawful is authorized to stop, measure and weigh the same on any public\nhighway by means of portable or stationary measures and scales. Any\npeace officer in this state, acting pursuant to his special duties, or\npolice officer may require that such vehicle shall be driven to the\nnearest scales in the event such scales are within three miles, and if\nhe finds that such vehicle is loaded in violation of the provisions of\nsaid subdivision seven or eight of section four hundred one or section\nthree hundred eighty-five, he shall cause the excess load to be removed\nfrom such vehicle; and all material or goods so removed shall be removed\nand cared for by the owner or operator of such vehicle at the risk of\nsuch owner or operator of such vehicle; provided further that the owner\nand operator of any vehicle unlawfully operated or moved on any highway,\nor over any bridge or culvert in any highway, and the carrier in the\nconduct of whose business such vehicle is being operated at the time of\nviolation, if such vehicle is then being operated in the conduct of\nbusiness of a motor carrier, shall be jointly and severally responsible\nfor all damages to such highway, bridge or culvert, as the result of the\nmovement thereover of any vehicle, the weight or size of which violates\nany of the provisions of said section three hundred eighty-five. The\ndepartment of transportation, in the case of highways, bridges or\nculverts under its jurisdiction, and the authority having jurisdiction\nthereover, in the case of highways, bridges or culverts situated within\nmunicipalities, may bring such civil action or actions against the owner\nand operator of the vehicle or the motor carrier as may be necessary to\nrecover the damages sustained; and all funds recovered by the department\nof transportation in behalf of the state shall be paid to the state\ntreasurer to the credit of the fund available for the maintenance and\nrepair of state highways, and funds recovered in behalf of a\nmunicipality shall be applied in improving the highways, bridges and\nculverts in such municipality.\n
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