(1) It is the duty of any officer authorized by law to make arrests, when that officer detects any person engaged in the violation of any of the provisions of §§ 55-7-101 — 55-7-103, or regulations issued thereunder, immediately to place in custody and take the person at once before the nearest judge of the court of general sessions for trial, and it is not lawful for any person to move the vehicle overloaded in violation of §§ 55-7-101 — 55-7-103 until the load has been reduced so as to comply with the provisions or a special permit has been obtained.
(2) The failure of the driver or the owner of the vehicle promptly to comply with these provisions is a Class C misdemeanor.