The recompense schedule reads in three bands
Georgia does not describe an overweight fine as a fine. Section 32-6-27(a) provides that a person who violates the load limitation provisions of § 32-6-26 “shall be conclusively presumed to have damaged the public roads, including bridges, of this state by reason of such overloading” and shall recompense the state according to a schedule. The presumption is conclusive, which removes proof of damage from the question entirely.
As revised by HB 189 in 2023, the schedule runs three parallel ladders. On total gross weight: five cents per pound for all excess weight over the allowed limitations, including any applicable variances, where the total gross weight is less than or equal to 93,000 pounds; ten cents per pound where it is greater than 93,000 but less than 100,000; and fifteen cents per pound where it is equal to or greater than 100,000.
On a single axle the bands are 25,520 and 27,450 pounds — five cents per pound at or below 25,520, ten cents above 25,520 but below 27,450, fifteen cents at or above 27,450. On a tandem axle without a lift axle the bands are 51,000 and 54,880 pounds, at the same five, ten and fifteen cent rates.
Note what the bands are measured against. They are not measured by how far over the limit the truck is; they are measured by the truck’s actual weight. The rate is set by where the vehicle lands on the scale, and it is then applied to the excess. A truck 2,000 pounds over at 94,000 pounds gross pays double the per-pound rate of a truck 2,000 pounds over at 90,000.
The bridge schedule works the other way and is measured by the overage. Where a vehicle exceeds the posted maximum on a bridge signed under § 32-4-41, § 32-4-91 or § 32-6-50, recompense runs at five cents per pound where the excess is 7,500 pounds or less, ten cents where it is more than 7,500 but less than 15,000, and fifteen cents where it is 15,000 pounds or more — all in addition to any other applicable fine. Subsection (h) of § 32-6-26 states the underlying prohibition plainly: no vehicle or combination shall be operated over any bridge with a posted limit which is less than the total gross weight of the vehicle and its load.
Two multipliers sit above the schedules. For a vehicle authorized to exceed the § 32-6-26 limits by a permit issued under § 32-6-28, damages for excess weight are assessed at 125 percent of the rate imposed on offending vehicles operating without a permit, with “excess weight” meaning the weight exceeding what the permit allowed. For a superload or superload plus permit, excess weight means any single axle weight exceeding the permitted single axle weight, and all weight greater than 150,000 pounds where the gross exceeds the permitted gross or any axle spacing is less than specified.
Subsection (b) then prevents double recovery. The schedules apply separately to the excess weight of the gross load and to the sum of the excess weights of any axle or axles, but where both gross and axle limits are exceeded, the owner or operator recompenses the state only for the largest of the money damages imposed. And a vehicle using idle reduction technology has its penalty calculated by reducing from the actual weight the manufacturer’s certified weight of the unit or 550 pounds, whichever is less, on production of written certification and a demonstration that the technology is fully functional.