1998 Legislation
Print Friendly

HOUSE BILL NO. 698 – MV, gross axle wght rating, manuf

HOUSE BILL NO. 698

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



H0698.........................................by TRANSPORTATION AND DEFENSE
MOTOR VEHICLES - GROSS AXLE WEIGHT - Amends existing law relating to
allowable gross loads of motor vehicles to clarify that the manufacturer's
gross axle weight rating and gross tire weight rating shall not be less
than the actual loading of the axle or the tire, and to delete the
requirement that the pressure regulator valve which controls operation  of
a variable load suspension axle shall be set and sealed.

02/13    House intro - 1st rdg - to printing
02/16    Rpt prt - to Transp
02/27    Rpt out - rec d/p - to 2nd rdg
03/02    2nd rdg - to 3rd rdg
03/04    3rd rdg - PASSED - 70-0-0
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
      Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
      Clark, Crane, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13),
      Field(20), Gagner, Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck,
      Jaquet, Jones(9) Jones(22), Jones(20), Judd, Kellogg, Kempton,
      Kendell, Kjellander, Kunz, Lake, Linford, Loertscher, Mader, Marley,
      McKague, Meyer, Miller, Mortensen, Newcomb, Pischner, Pomeroy,
      Reynolds, Richman, Ridinger, Robison, Sali, Schaefer, Stevenson,
      Stoicheff, Stone, Stubbs, Taylor, Tilman, Tippets, Trail, Watson,
      Wheeler, Wood, Zimmermann, Mr. Speaker.
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Bruneel
    Title apvd - to Senate
03/04    Senate intro - 1st rdg - to Transp
03/13    Rpt out - rec d/p - to 2nd rdg
03/16    2nd rdg - to 3rd rdg
03/18    3rd rdg - PASSED - 34-0-1
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
      Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
      Sweeney, Thorne, Twiggs, Wheeler, Whitworth
      NAYS--None
      Absent and excused--Hansen
    Floor Sponsor - Sweeney
    Title apvd - to House
03/19    To enrol - rpt enrol - Sp signed
    Pres signed - to Governor
03/20    Governor signed
         Session Law Chapter 189
         Effective: 07/01/98

Bill Text


H0698


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 698

                         BY TRANSPORTATION AND DEFENSE COMMITTEE

 1                                        AN ACT
 2    RELATING TO ALLOWABLE GROSS LOADS; AMENDING SECTION 49-1001,  IDAHO  CODE,  TO
 3        PROVIDE  THAT  THE  MANUFACTURER'S  GROSS  AXLE WEIGHT RATING OF EACH AXLE
 4        SHALL NOT BE LESS THAN THE ACTUAL LOADING OF THE AXLE, TO PROVIDE THAT THE
 5        MANUFACTURER'S GROSS TIRE WEIGHT RATING OF EACH TIRE  SHALL  NOT  BE  LESS
 6        THAN  THE  ACTUAL  LOADING OF THE TIRE, AND TO DELETE THE REQUIREMENT THAT
 7        THE PRESSURE REGULATOR VALVE WHICH CONTROLS OPERATION OF A  VARIABLE  LOAD
 8        SUSPENSION AXLE SHALL BE SET AND SEALED.

 9    Be It Enacted by the Legislature of the State of Idaho:

10        SECTION  1.  That  Section 49-1001, Idaho Code, be, and the same is hereby
11    amended to read as follows:

12        49-1001.  ALLOWABLE GROSS LOADS. The gross load imposed on the highway  by
13    any  vehicle  or  combination  of vehicles shall not exceed the limits in this
14    section. The maximum  single  axle  gross  weight  shall  be  twenty  thousand
15    (20,000)  pounds,  the maximum single wheel gross weight shall be ten thousand
16    (10,000) pounds and the maximum gross vehicle or combination weight  shall  be
17    one hundred five thousand five hundred (105,500) pounds, provided that maximum
18    gross  vehicle  or  combination weight on United States federal interstate and
19    defense highways of this state  shall  not  exceed  eighty  thousand  (80,000)
20    pounds,  except  as  permitted  under the provisions of section 49-1004, Idaho
21    Code.
22        (1)  The total gross weight imposed on the highway by any group of consec-
23    utive axles shall be determined by the following formula:
24                                W=500((LN/N-1)+12N+36)
25        Where W is the maximum weight in pounds (to the nearest 500  pounds)  car-
26    ried  on  any group of two (2) or more consecutive axles. L is the distance in
27    feet between the extremes of any group of two (2) or more  consecutive  axles,
28    and N is the number of axles under consideration.
29        The formula is modified as illustrated in the following table:
30    Distance in feet
31      between the
32    extremes of any        Maximum load in pounds carried on any group of
33      group of 2 or                    2 or more consecutive axles
34    more consecutive
35         axles   2 axles 3 axles 4 axles 5 axles 6 axles 7 axles  8 axles  9 axles
36           4     34,000
37           5     34,000                  WHEN NO ALLOWABLE WEIGHT IS
38           6     34,000                  LISTED FOR ANY AXLE SPACING,
39           7     34,000                  APPLY THE ALLOWABLE WEIGHT AS
40           8     34,000                  LISTED IN THE FIRST COLUMN TO
41           8+    38,000  42,000          THE LEFT
42           9     39,000  42,500
43          10     40,000  43,500


                                          2

 1          11             44,000
 2          12             45,000  50,000
 3          13             45,500  50,500
 4          14             46,500  51,500
 5          15             47,000  52,000
 6          16             48,000  52,500   58,000
 7          17             48,500  53,500   58,500
 8          18             49,500  54,000   59,000
 9          19             50,000  54,500   60,000
10          20             51,000  55,500   60,500  66,000
11          21             51,500  56,000   61,000  66,500
12          22             52,500  56,500   61,500  67,000
13          23             53,000  57,500   62,500  68,000
14          24             54,000  58,000   63,000  68,500  74,000
15          25             54,500  58,500   63,500  69,000  74,500
16          26             55,500  59,500   64,000  69,500  75,000
17          27             56,000  60,000   65,000  70,000  75,500
18          28             57,000  60,500   65,500  71,000  76,500   82,000
19          29             57,500  61,500   66,000  71,500  77,000   82,500
20          30             58,500  62,000   66,500  72,000  77,500   83,000
21          31             59,000  62,500   67,500  72,500  78,000   83,500
22          32             60,000  63,500   68,000  73,000  78,500   84,500   90,000
23          33                     64,000   68,500  74,000  79,000   85,000   90,500
24          34                     64,500   69,000  74,500  80,000   85,500   91,000
25          35                     65,500   70,000  75,000  80,500   86,000   91,500
26          36                     66,000   70,500  75,500  81,000   86,500   92,000
27          37                     66,500   71,000  76,000  81,500   87,000   93,000
28          38                     67,500   71,500  77,000  82,000   87,500   93,500
29          39                     68,000   72,500  77,500  82,500   88,500   94,000
30          40                     68,500   73,000  78,000  83,500   89,000   94,500
31          41                     69,500   73,500  78,500  84,000   89,500   95,000
32          42                     70,000   74,000  79,000  84,500   90,000   95,500
33          43                     70,500   75,000  80,000  85,000   90,500   96,000
34          44                     71,500   75,500  80,500  85,500   91,000   96,500
35          45                     72,000   76,000  81,000  86,000   91,500   97,500
36          46                     72,500   76,500  81,500  87,000   92,500   98,000
37          47                     73,500   77,500  82,000  87,500   93,000   98,500
38          48                     74,000   78,000  83,000  88,000   93,500   99,000
39          49                     74,500   78,500  83,500  88,500   94,000   99,500
40          50                     75,500   79,000  84,000  89,000   94,500  100,000
41          51                     76,000   80,000  84,500  89,500   95,000  100,500
42          52                     76,500   80,500  85,000  90,500   95,500  101,000
43          53                     77,500   81,000  86,000  91,000   96,500  102,000
44          54                     78,000   81,500  86,500  91,500   97,000  102,500
45          55                     78,500   82,500  87,000  92,000   97,500  103,000
46          56                     79,500   83,000  87,500  92,500   98,000  103,500
47          57                     80,000   83,500  88,000  93,000   98,500  104,000
48          58                              84,000  89,000  94,000   99,000  104,500
49          59                              85,000  89,500  94,500   99,500  105,000
50          60                              85,500  90,000  95,000  100,500  105,500
51          61                              86,000  90,500  95,500  101,000
52          62                              87,000  91,000  96,000  101,500
53          63                              87,500  92,000  96,500  102,000
54          64                              88,000  92,500  97,500  102,500
55          65                              88,500  93,000  98,000  103,000


                                          3

 1          66                              89,500  93,500  98,500  103,500
 2          67                              90,000  94,000  99,000  104,500
 3          68                              90,500  95,000  99,500  105,000
 4          69                              91,000  95,500 100,000  105,500
 5          70                              92,000  96,000 101,000
 6          71                              92,500  96,500 101,500
 7          72                              93,000  97,000 102,000
 8          73                              93,500  98,000 102,500
 9          74                              94,500  98,500 103,000
10          75                              95,000  99,000 103,500
11          76                              95,500  99,500 104,500
12          77                              96,000 100,000 105,000
13          78                              97,000 101,000 105,500
14          79                              97,500 101,500
15          80                              98,000 102,000
16          81                              98,500 102,500
17          82                              99,000 103,000
18          83                             100,000 104,000
19          84                                     104,500
20          85                                     105,000
21          86 or more                             105,500
22        (a)  A  public  highway  agency  may  limit the application of the weights
23        authorized in this section as to certain highways within its  jurisdiction
24        which  it  determines  have  limited  structural  capacity  of  pavements,
25        bridges,  or  other  appurtenances.  In  designating such highways, it may
26        specify a minimum wheelbase for combinations to be  operated  thereon.  It
27        may  also  designate specific highways or portions on which operation of a
28        combination of vehicles with seven (7), eight (8) or nine (9)  axle  vehi-
29        cles will be subject to specified lesser allowable gross weights.
30        (b)  Notwithstanding  the  figures  shown  in the table in this subsection
31        (1), two (2) consecutive sets of tandem axles may carry a  gross  load  of
32        thirty-four  thousand (34,000) pounds each, providing the overall distance
33        between the first and last axles of such consecutive sets of tandem  axles
34        is thirty-six (36) feet or more.
35        (2)  The  weight  limitations  set forth in the table in subsection (1) of
36    this section shall not apply to any vehicle, or combination of vehicles when a
37    greater allowed weight in pounds would be permitted such  vehicles  under  the
38    table  provided  in this subsection, except that with regard to transportation
39    on the United States federal interstate and defense highways  of  this  state,
40    the  following table of allowable weights shall apply only to vehicles engaged
41    in the transportation of logs, pulp wood, stull, rough lumber, poles  or  pil-
42    ing;  or  to  any  such vehicle engaged in the transportation of ores, concen-
43    trates, sand and gravel and aggregates thereof, in bulk; or to any such  vehi-
44    cle engaged in the transportation of agricultural commodities, including live-
45    stock:
46    Distance in feet between                    Allowed Load in Pounds
47    the extremes of any group            Vehicles with             Vehicles with
48    of 2  of   or  more consecutive          Three or Four             Five or more
49            axles                            axles                      axles
50             3 through 12                   37,800                     37,800
51             13                             56,470                     56,470
52             14                             57,940                     57,940
53             15                             59,400                     59,400
54             16                             60,610                     60,610
55             17                             61,820                     61,820


                                          4

 1             18                             63,140                     63,140
 2             19                             64,350                     64,350
 3             20                             65,450                     65,450
 4             21                             66,000                     66,330
 5             22                             66,000                     67,250
 6             23                             66,000                     67,880
 7             24                             66,000                     68,510
 8             25                             66,000                     69,150
 9             26                             66,000                     69,770
10             27                             66,000                     70,400
11             28                             66,000                     70,950
12             29                             66,000                     71,500
13             30                             66,000                     72,050
14             31                                                        72,600
15             32                                                        73,150
16             33                                                        73,700
17             34                                                        74,250
18             35                                                        74,800
19             36                                                        75,350
20             37                                                        75,900
21             38                                                        76,450
22             39                                                        77,000
23             40                                                        77,550
24             41                                                        78,100
25             42                                                        78,650
26             43 and over                                               79,000
27    The  weight  allowances  provided in this subsection do not apply if the total
28    gross weight of a vehicle or combination of vehicles  is  intended  to  exceed
29    seventy-nine  thousand  (79,000)  pounds as declared by the operator. When the
30    provisions of this subsection are applicable to a vehicle  or  combination  of
31    vehicles, it shall be a violation of the provisions of this subsection if that
32    vehicle  or  combination  of  vehicles  exceeds  the weights specified in this
33    table.
34        (3)  In determining the gross weight of a vehicle or the gross  weight  of
35    any  two  (2)  or more consecutive axles under subsection (1) or (2) or (9) of
36    this section, the total gross weight of the vehicle or combination of vehicles
37    or the gross weight of any two (2) or more consecutive axles shall be the  sum
38    of the axle weights.
39        For  the  purposes  of  this  chapter the gross weight of a vehicle or the
40    gross weight of any two (2) or more consecutive axles  may  be  determined  by
41    accumulatively  adding  the  separate  weights  of individual axles and tandem
42    axles or groups of axles to determine gross weight. The results of any  weigh-
43    ing  at a temporary or permanent port of entry and the records relating to the
44    calibration and accuracy of any scale at a  temporary  or  permanent  port  of
45    entry shall be admissible in any proceeding in this state. In order to prove a
46    violation of the provisions of this section the state must show that:
47        (a)  The  sum of the axle weights exceeds what is allowable under the pro-
48        visions of subsection (1) or (2) or (9) of this section;
49        (b)  The scale involved in the weighing was at the time of weighing  cali-
50        brated  in  conformity with and met the accuracy requirements of the stan-
51        dards for the enforcement of traffic and highway laws as set forth in  the
52        latest  edition  of handbook 44 of the national institute of standards and
53        technology;
54        (c)  Weights of individual axles or  axles  within  a  commonly  suspended
55        group  of  axles  supported  by a mechanical system designed to distribute


                                          5

 1        equal wheel loads to individual axles in the group were utilized  only  to
 2        determine gross weights of that group of axles, and that any further eval-
 3        uation of gross weights of combinations of axles considered only the accu-
 4        mulated gross weight of each such commonly suspended group of axles.
 5        (4)  In applying the weight limitations imposed in this section, a vehicle
 6    or combination of vehicles must comply exclusively with the weight limitations
 7    in either subsection (1) or (2) or (9) of this section.
 8        (5)  In  applying the weight limitations imposed in this section, the dis-
 9    tance between axles shall be measured to the nearest even foot. When  a  frac-
10    tion  is  exactly  one-half  (1/2)  foot the next larger whole number shall be
11    used.
12        (6)  The limitations imposed in this section are in addition  and  supple-
13    mental  to  all  other  laws  imposing limitations upon the size and weight of
14    vehicles. Further, single axles within groups of axles are subject to the pro-
15    visions and limitations of this chapter. Single axles within groups  of  axles
16    may  be  weighed and evaluated separately, or single axles may be prequalified
17    in accordance with rules or ordinances established by the board or other  pub-
18    lic  road jurisdiction, if any of the following conditions exist regarding the
19    single axle within a group of axles:
20        (a)  A suspension system common to all axles in the group  of  axles  does
21        not exist.
22        (b)  One (1) or more axles in the group of axles is equipped with separate
23        variable  load suspension controls to regulate the weight carried by indi-
24        vidual axles.
25        (c)  One (1) or more axles in a group of axles is equipped  with  more  or
26        fewer tires than other axles in the group of axles.
27        (d)  All  tires  in the group of axles are not the same size as determined
28        by the manufacturer's sidewall rating.
29        (7)  Notwithstanding the other provisions of  this  chapter,  no  vehicle,
30    motor  vehicle,  trailer  and/or  semitrailer,  or combination thereof, may be
31    operated on the public highways of the state under loads which would result in
32    the withholding of funds by operation of controlling federal law  as  provided
33    in the Federal Aid Highway Act of 1956, as amended.
34        (8)  Except  as provided herein, no vehicle or combination of vehicles may
35    proceed past the place of weighing at temporary or permanent ports of entry or
36    checking stations when: the weight of a single axle exceeds the maximum  limi-
37    tations set forth herein by two thousand (2,000) pounds or more; the weight of
38    a  combination of axles, or gross vehicle weight exceeds the maximum allowable
39    weight as set forth herein by seven percent (7%) or more. Vehicles or combina-
40    tions of vehicles which exceed the weight limitations set forth  herein  shall
41    be  required  to be brought into compliance with applicable weight limitations
42    contained within this subsection at the place of weighing prior to continuing,
43    except those vehicles or combinations of vehicles which are transporting loads
44    which, in the determination of the board or other proper authorities in charge
45    of or having jurisdiction over a highway, are deemed unsafe or impractical  to
46    bring  into  compliance  at  the  place of weighing, and except those vehicles
47    which do not exceed fifteen percent (15%) over maximum  axle  and  axle  group
48    weights set forth in this section. Vehicles or combinations of vehicles trans-
49    porting  loads  in this latter category shall obtain a travel authorization to
50    the nearest place of  safe  unloading,  load  adjustment  or  other  means  of
51    legalization.
52        (a)  Neither  the  state  of Idaho or its employees, nor any authority and
53        its employees in charge of or having jurisdiction over a highway, shall be
54        held liable for personal injury or  property  damage  resulting  from  the
55        requirements of section 49-1001(8), Idaho Code.


                                          6

 1        (b)  The  fee for a travel authorization as set forth above shall be fifty
 2        dollars ($50.00) and shall be on a form prescribed by the board  or  other
 3        proper authorities, and shall not be construed as contributing to a reduc-
 4        tion in the penalties prescribed in section 49-1013, Idaho Code.
 5        (c)  The  board  or other proper authorities in charge of or having juris-
 6        diction over a highway shall adopt and enforce administrative rules as may
 7        be necessary to carry out the provisions of this section.
 8        (9)  For vehicles on all highways except the United States federal  inter-
 9    state and defense highways of this state, the following table shall apply:
10    Distance in feet between                    Allowed Load in Pounds
11    the extremes of any group            Vehicles with             Vehicles with
12    of 2  of   or  more consecutive          Three or Four             Five or more
13            axles                            axles                      axles
14             3 through 12                   37,800                     37,800
15             13                             56,470                     56,470
16             14                             57,940                     57,940
17             15                             59,400                     59,400
18             16                             60,610                     60,610
19             17                             61,820                     61,820
20             18                             63,140                     63,140
21             19                             64,350                     64,350
22             20                             65,450                     65,450
23             21                             66,000                     66,330
24             22                             66,000                     67,250
25             23                             66,000                     67,880
26             24                             66,000                     68,510
27             25                             66,000                     69,150
28             26                             66,000                     69,770
29             27                             66,000                     70,400
30             28                             66,000                     70,950
31             29                             66,000                     71,500
32             30                             66,000                     72,050
33             31                                                        72,600
34             32                                                        73,150
35             33                                                        73,700
36             34                                                        74,250
37             35                                                        74,800
38             36                                                        75,350
39             37                                                        75,900
40             38                                                        76,450
41             39                                                        77,000
42             40                                                        77,550
43             41                                                        78,100
44             42                                                        78,650
45             43 and over                                               80,000
46    The  weight  allowances  provided in this subsection do not apply if the total
47    gross weight of a vehicle or combination of vehicles  is  intended  to  exceed
48    eighty  thousand  (80,000) pounds as declared by the operator. When the provi-
49    sions of this subsection are applicable to a vehicle or combination  of  vehi-
50    cles,  it  shall  be  a violation of the provisions of this subsection if that
51    vehicle or combination of vehicles  exceeds  the  weights  specified  in  this
52    table.
53        (10) When  owned  by  or  under  contract to or under authority of a city,
54    county, or state agency, refuse/sanitation trucks transporting refuse  may  be
55    operated  on public highways in accordance with the weights allowed in subsec-


                                          7

 1    tion (9) of this section, except that such trucks equipped  with  single  rear
 2    axles  are  allowed  twenty-four  thousand (24,000) pounds on that single rear
 3    axle when specifically authorized by the public highway agency  governing  the
 4    highways  over which the refuse/sanitation truck is operating and provided the
 5    following conditions are met:
 6        (a)  The weight allowances provided for in this subsection shall not apply
 7        to the United States federal interstate and defense highways of the state;
 8        and
 9        (b)  The owner or operator has paid an annual operating fee for a  permit,
10        not  to  exceed fifty dollars ($50.00) per refuse/sanitation truck to each
11        public   agency   governing   the   public   highways   over   which   the
12        refuse/sanitation truck operates. The  permit  shall  be  carried  in  the
13        refuse/sanitation  truck.  The permit fee may be waived by a public agency
14        for refuse/sanitation trucks operated  over  public  highways  under  that
15        agency's jurisdiction.
16        (11) Variable  load  suspension axles shall meet the following criteria in
17    order to be included in the computation of gross vehicle or axle weight limits
18    for vehicles under the provisions of this section:
19        (a)  The deployment control switch for such axles may be located inside of
20        the driver's compartment but the pressure regulator valve for  the  opera-
21        tion  of pressure on the pavement shall be located outside of and inacces-
22        sible to the driver's compartment.
23        (b)  The  manufacturer's  gross axle weight rating of each such
24        axle must not be less than the actual loading of the  axle  .  
25         and shall not be less than nine thousand (9,000) pounds. 
26        (c)  All variable load suspension axles mounted on a vehicle after January
27        1, 1990, shall be designed to be self-steering in a manner that will guide
28        or  direct  the  variable load suspension mounted wheels through a turning
29        movement without undue tire scrubbing or pavement scuffing.
30        (d)   The manufacturer's gross tire weight rating of each  tire  must
31        not be less than the actual loading of the tire.
32        (e)   Variable load suspension axles must be fully deployed or fully
33        raised.   The pressure regulator valve which governs the load distri-
34        bution to the variable load suspension axle(s) shall be set and sealed  by
35        the  owner of the vehicle(s) in accordance with rules or ordinances estab-
36        lished by the board or other public road jurisdiction.  For applica-
37        ble definitions, see sections 49-117 and 49-123, Idaho Code.
38        (12) Any person who operates a motor vehicle with a variable load  suspen-
39    sion  axle  in violation of the provisions of this section shall be subject to
40    the penalties provided in section 49-1013, Idaho Code.

Statement of Purpose / Fiscal Impact


    





                          STATEMENT OF PURPOSE
    
                                RS 07875
    
    This legislation would amend Title 49, Section 49-1001, 
    Idaho Code, to amend those provisions governing vehicles 
    equipped with variable load suspension (VLS) axle(s).
    
    The proposed changes would delete the requirement that VLS 
    axles be rated at not less than 9,000 pounds gross axle 
    weight but require that no VLS axle be loaded in excess of 
    the manufacturer's gross axle weight rating. This proposal 
    also deletes the requirement that the pressure regulator 
    valve of such VLS axle-equipped vehicles be set and sealed 
    by the owner.
    
    FISCAL NOTE
    
    None.
    
    CONTACT: Representative Frank Bruneel
             208-332-1000
    
    STATEMENT OF PURPOSE/ FISCAL NOTE
    
    H 698