(1) The operator is subject to the penalties stated in 61-10-232 whenever the gross loaded weight of any trucks, truck tractor, trailer, or semitrailer operated upon any highway in this state exceeds the gross vehicle weight shown on:
(a) the owner's certificate of registration and registration receipt issued under 61-3-322; or
(b) the gross vehicle weight license issued under this part.
(2) In addition, the operator shall immediately pay to the nearest county treasurer or to the department the difference between the fee already paid and that applicable to the gross weight of the vehicle before unloading the excess, provided that it does not exceed the legal axle weight.