KRS 189.223: Measuring or weighing of vehicle by peace officer -- Unloading of excess

weight.

Any peace officer having reason to believe that the height, length, width or weight of any

motor truck, semitrailer truck, or trailer, is in excess of the maximum limits prescribed by

KRS 189.221 and subsection (1) of 189.222 or permitted by any special permit issued

under KRS 189.270 and in the possession of the operator, may measure it or weigh it

either by portable or stationary scales, and may require it to be driven t o the nearest

scales, if such scales are within a distance of five (5) miles from the point at which the

vehicle is first directed to stop. If the officer shall determine that the operation of the

motor truck, semitrailer, or trailer, was unlawful, he shal l require the operator of said

motor truck, semitrailer truck, or trailer to unload such portion of the load as may be

necessary to decrease the gross weight of the vehicle to the maximum gross weight

permitted under the terms of KRS 189.221 and subsection (1) of 189.222 or of KRS

189.270, or he may, at the election of the operator, permit the operator to move the

vehicle with its load to the nearest city or nearest court having jurisdiction, at which place

the excess load shall be unloaded. The excess load shall be unloaded at the sole risk of

the owner. The refusal of the operator to permit his motor truck, semitrailer truck, or

trailer to be measured or weighed, or to proceed to a scales, or to unload the excess load,

shall constitute a violation of KRS 189.221 to 189.228.