Section 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.