Print Friendly SENATE BILL NO. 1352, As Amended – MV axle, certn wght, 4 tires req’d
SENATE BILL NO. 1352, As Amended
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MOTOR VEHICLE AXLES - WEIGHT - Amends existing law to require the use of
four tires on axles exceeding ten thousand pounds gross weight; to specify
exceptions to the requirement; and to delete redundant provisions of law
which are also currently found in Section 49-1001, Idaho Code; and to
authorize a special permit.
01/28 Senate intro - 1st rdg - to printing
01/29 Rpt prt - to Transp
02/25 Rpt out - to 14th Ord
03/04 Rpt out amen - to engros
03/05 Rpt engros - 1st rdg - to 2nd rdg as amen
03/06 2nd rdg - to 3rd rdg as amen
03/09 3rd rdg as amen - PASSED - 30-1-4
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Frasure, Geddes, Hansen, Hawkins,
Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry, Richardson, Risch,
Sandy, Schroeder, Stennett, Sweeney, Thorne, Twiggs, Wheeler
Absent and excused--Dunklin, Riggs, Sorensen, Whitworth
Floor Sponsor - Frasure
Title apvd - to House
03/10 House intro - 1st rdg as amen - to Transp
03/17 Rpt out - to Gen Ord
03/17 Rpt out amen - to 1st rdg as amen
03/18 1st rdg - to 2nd rdg as amen
03/19 2nd rdg - to 3rd rdg as amen
03/19 Rls susp - FAILED - 14-54-2
AYES -- Bivens, Crow, Cuddy, Deal, Hansen, Kellogg, Kempton, Linford,
Meyer, Miller, Pomeroy, Robison, Stone, Wood
NAYS -- Alltus, Barraclough, Barrett, Bell, Bieter, Black(15),
Black(23), Boe, Bruneel, Callister, Chase, Clark, Crane, Denney,
Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
Henbest, Hornbeck, Jaquet, Jones(9), Jones(22), Jones(20), Judd,
Kendell, Kjellander, Kunz, Lake, Loertscher, Mader, Marley, McKague,
Mortensen, Newcomb, Pischner, Reynolds, Richman, Ridinger, Sali,
Schaefer, Stevenson, Stoicheff, Stubbs, Taylor, Tilman, Tippets,
Trail, Watson, Wheeler, Zimmermann
Absent and excused -- Campbell, Mr Speaker
Floor Sponsor - Bivens
Returned to Senate - Filed with Secretary of Senate
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fourth Legislature Second Regular Session - 1998
IN THE SENATE
SENATE BILL NO. 1352, As Amended
BY TRANSPORTATION COMMITTEE
1 AN ACT
2 RELATING TO ALLOWABLE LOADS ON MOTOR VEHICLE TIRES; AMENDING SECTION 49-120,
3 IDAHO CODE, TO DEFINE "STEERING AXLE"; AND AMENDING SECTION 49-1002, IDAHO
4 CODE, TO REQUIRE USE OF FOUR TIRES ON EACH AXLE, TO PROVIDE EXCEPTIONS, TO
5 DELETE REDUNDANT PROVISIONS OF LAW AND TO AUTHORIZE A SPECIAL PERMIT.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 49-120, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 49-120. DEFINITIONS -- S.
10 (1) "Saddlemount combination" means a combination of vehicles in which a
11 truck or truck tractor tows one (1), two (2) or three (3) trucks or truck
12 tractors, each connected by a saddle to the frame or fifth wheel of the vehi-
13 cle in front of it. The saddle is a mechanism that connects the front axle of
14 the towed vehicle to the frame or fifth wheel of the vehicle in front and
15 functions like a fifth wheel kingpin connection. A smaller vehicle mounted
16 completely on the frame of either the first or last vehicle may be used in a
17 saddlemount combination.
18 (2) "Safety glazing materials" means glazing materials so constructed,
19 treated or combined with other materials as to reduce substantially, in com-
20 parison with ordinary sheet glass or plate glass, the likelihood of injury to
21 persons by objects from exterior sources or by these safety glazing materials
22 when they may be cracked or broken.
23 (3) "Safety zone" means the area or space officially set apart within a
24 highway for the exclusive use of pedestrians and which is protected or is so
25 marked or indicated by adequate signs as to be plainly visible at all times
26 while set apart as a safety zone.
27 (4) "Salvage pool" means a licensed vehicle dealer engaged primarily in
28 the business of disposing of salvage vehicles, recovered stolen vehicles, or
30 (5) "School bus" means every motor vehicle that complies with the color
31 and identification requirements set forth in the most recent edition of
32 "Minimum Standards for School Buses" and is used to transport children to or
33 from school or in connection with school approved activities and includes
34 buses operated by contract carriers.
35 (6) "Secretary" means the secretary of transportation of the United
37 (7) "Security agreement." (See section 28-9-105, Idaho Code)
38 (8) "Security interest." (See section 28-1-201, Idaho Code)
39 (9) "Sell," "sold," "buy," and "purchase," mean and include, as used in
40 sections 49-2401 through 49-2406, Idaho Code, exchange, barter, gift, and
41 offer or contract to sell or buy.
42 (10) "Semitrailer." (See "Trailer", section 49-121, Idaho Code)
43 (11) "Serious traffic violation" means conviction of an offense specified
1 in 49 CFR part 383 while operating a commercial motor vehicle.
2 (12) "Sidewalk" means that portion of a street between the curb lines, or
3 the lateral lines of a roadway, and the adjacent property lines intended for
4 use by pedestrians.
5 (13) "Signal." (See "Railroad sign", section 49-119, Idaho Code)
6 (14) "Skills test" means an actual demonstration of ability to exercise
7 ordinary and reasonable control in the operation of a motor vehicle.
8 (15) "Slow moving vehicle" means any vehicle not normally operated upon
9 the highways.
10 (16) "Snow tire." (See "Tires", section 49-121, Idaho Code)
11 (17) "Sold." (See "Sell", "buy", and "purchase", this section)
12 (18) "Solid rubber tire." (See "Tires", section 49-121, Idaho Code)
13 (19) "Special license plate" means a license plate that is made available
14 to the public as a personal alternative to the standard issue license plate.
15 This definition shall not include the plates issued under sections 49-403,
16 49-403A, 49-404, 49-410, 49-415 and 49-415B, Idaho Code.
17 (20) "Special mobile equipment" means every vehicle not designed or used
18 primarily for the transportation of persons or property and only incidentally
19 operated or moved over a highway, including: ditch-digging apparatus, well-
20 boring apparatus and road construction and maintenance machinery such as
21 asphalt spreaders, bituminous mixers, bucket loaders, tractors other than
22 truck tractors, ditchers, leveling graders, finishing machines, motor graders,
23 road rollers, scarifiers, earth moving carry-alls and scrapers, power shovels
24 and drag lines, and self-propelled cranes, and earth moving equipment. The
25 term does not include travel trailers, dump trucks, truck mounted transit
26 mixers, cranes or shovels, or other vehicles designed for the transportation
27 of persons or property to which machinery has been attached.
28 (21) "Specially constructed vehicle." (See "Vehicle", section 49-123,
29 Idaho Code)
30 (22) "Stand" or "standing" means the halting of a vehicle, whether occu-
31 pied or not, otherwise than temporarily for the purpose of and while actually
32 engaged in receiving or discharging passengers.
33 (23) "State" means a state, territory or possession of the United States,
34 the District of Columbia, the Commonwealth of Puerto Rico or a province of
36 (24) "Steering axle" means the axle or axles on the front of a motor
37 vehicle that is activated by the operator to directly guide or steer the motor
38 vehicle or combination of vehicles.
39 (25) "Stop" means the act of or complete cessation from move-
41 (2 5 6 ) "Stopping" means the act of any halting
42 even momentarily of a vehicle.
43 (2 6 7 ) "Street." (See "Highways", section 49-109,
44 Idaho Code)
45 (2 7 8 ) "Street rod" means any pre-1949 vehicle
46 which has had a significant drive train update from a more modern vehicle.
47 Changes may include engine, transmission, rear axle, and other suspension com-
48 ponents. The body will be, or resemble the same as the manufacturer's original
49 issue after its first sale after manufacture.
50 (2 8 9 ) "Studded tire." (See "Tires", section
51 49-121, Idaho Code)
52 ( 29 30 ) "Substandard width lane" means a lane
53 that is too narrow for a bicycle and a motor vehicle to travel safely side by
54 side within the lane.
55 (3 0 1 ) "Supplemental lot" means a physically sep-
1 arate location owned and maintained by a licensed dealer or manufacturer
2 within the same or adjacent county as the principal place of business which
3 meets all the requirements for a principal place of business.
4 (3 1 2 ) "Suspension of driver's license" means the
5 temporary withdrawal by formal action of the department or as otherwise pro-
6 vided in this title of a person's driver's license or privilege to operate a
7 motor vehicle on the public highways, which temporary withdrawal shall be for
8 a period specifically designated by the department.
9 (3 2 3 ) "Suspension of vehicle registration" means
10 the temporary withdrawal by formal action of the department or as otherwise
11 provided in this title of a person's vehicle registration or, in the case of
12 fleets of vehicles, all vehicle registrations in each fleet operated by a com-
13 pany. Upon suspension, the privileges of operating the vehicle or vehicles on
14 Idaho highways is terminated until the difficulty that caused the suspension
15 is corrected and notification is provided that the suspension has been lifted.
16 SECTION 2. That Section 49-1002, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 49-1002. ALLOWABLE LOAD PER INCH WIDTH OF TIRE -- ALLOWABLE AXLE
19 LOADS FOR AXLES EQUIPPED WITH LESS THAN FOUR TIRES PER AXLE . (1) The
20 maximum allowable load for any vehicle tire , except for those tires on
21 the steering axle, operated on any public highway shall not exceed six
22 hundred (600) pounds per inch width of tire. The width of a tire shall be
23 determined by the manufacturer's description marked on the sidewall of the
24 tire. Except for those tires on the steering axle, t T
25 ires on vehicles manufactured prior to July 1, 1987, may exceed the six
26 hundred (600) pounds per inch width of tire limit subject to a maximum of
27 eight hundred (800) pounds per inch width of tire.
28 (2) All vehicles must be equipped with four (4) tires on each axle
29 which exceeds ten thousand (10,000) pounds gross weight, except on:
30 (a) Axles and vehicles manufactured prior to July 1, 1999, which are
31 designed to operate with less than four (4) tires per axle;
32 (b) Tiller steering axles on fire trucks;
33 (c) Steering axles;
34 (d) Rear variable load suspension axles on concrete transit-mix trucks;
35 (e) Axles equipped with less than four (4) tires per axle provided the
36 individual tires do not exceed a gross load of five hundred (500) pounds
37 per inch width of tire; and
38 (f) Vehicles operating under permits for nonreducible overweight vehicles
39 and loads issued pursuant to section 49-1004, Idaho Code.
40 (3) Vehicles and vehicle combinations which operate on any public highway
41 with axles which exceed ten thousand (10,000) pounds gross weight, other than
42 on the steering axles, and such axles are equipped with less than four (4)
43 tires per axle, are required to obtain a special permit at the discretion of
44 the board or other proper authorities in charge of, or having jurisdiction
45 over a highway. Such special permits may be provided at a cost sufficient to
46 recover administrative expenses associated with issuance of the special per-
47 mits and identified additional pavement wear costs caused by vehicles operat-
48 ing with two (2) instead of four (4) tires per axle on axles in excess of ten
49 thousand (10,000) pounds gross weight, but in no case shall such special per-
50 mit costs be less than fifty dollars ($50.00) nor more than one hundred dol-
51 lars ($100) per motor vehicle per annum.
52 (2) Except as provided herein, no vehicle or combination of vehi-
53 cles may proceed past the place of weighing at temporary or permanent ports of
1 entry or checking stations when the weight carried on a single tire, as deter-
2 mined by dividing the weight carried on an axle or group of axles by the num-
3 ber of wheels on the axle or group of axles, exceeds on a single axle the
4 allowable weight above by two thousand (2,000) pounds or more or the weight of
5 a combination of axles exceeds the allowable weight above by seven percent
6 (7%) or more. Vehicles or combinations of vehicles which exceed the weight
7 limitations set forth herein shall be required to be brought into compliance
8 with the applicable weight per inch width of tire contained within this sub-
9 section prior to continuing except those vehicles or combinations of vehicles
10 which are transporting loads which, in the determination of the board or other
11 proper authorities in charge of or having jurisdiction over a highway, are
12 deemed unsafe or impractical to bring into compliance at the place of weigh-
13 ing. Vehicles or combinations of vehicles transporting loads in this latter
14 category shall obtain a travel authorization to the nearest place of safe
15 unloading, load adjustment or other means of legalization.
16 (a) Neither the state of Idaho or its employees, nor any authority and
17 its employees in charge of or having jurisdiction over a highway, shall be
18 held liable for personal injury or property damage resulting from the
19 requirements of section 49-1001(8), Idaho Code.
20 (b) The fee for a travel authorization as set forth above shall be fifty
21 dollars ($50.00) and shall be on a form prescribed by the board or other
22 proper authorities.
23 (c) The board or other proper authorities in charge of or having juris-
24 diction over a highway shall adopt and enforce administrative rules and
25 regulations as may be necessary to carry out the provisions of this sec-
Moved by Bivens
Seconded by Kempton
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO S.B. NO. 1352, As Amended
1 AMENDMENT TO SECTION 2
2 On page 3 of the engrossed bill, delete lines 46 and 47 and insert: "
3 mit cost exceed fifty dollars ($50.00) per motor vehicle per annum. ".
STATEMENT OF PURPOSE
This legislation will amend Sections 49-120 and 49-1002, Idaho Code, to make it illegal to
operate a commercial truck with less than the number of tires the axle was designed to
carry. This legislation will result in the reduction of pavement damage to highways and will
promote highway safety.
This legislative proposal will result in no fiscal impact to the Idaho Transportation
Name: Clayton Sullivan
Agency: Idaho Transportation Department
Statement of Purpose/Fiscal Impact