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H0413........................................................by MR. SPEAKER
Requested by: Department of Transportation
MOTOR VEHICLES - NONREDUCIBLE LOADS - Amends existing law to provide a fee
schedule for certain motor vehicles or combination of vehicles hauling
nonreducible loads in excess of limits provided by law.
01/12 House intro - 1st rdg - to printing
01/12 Rpt prt - to Transp
01/29 Rpt out - rec d/p - to 2nd rdg
01/30 2nd rdg - to 3rd rdg
02/03 3rd rdg - PASSED - 65-2-3
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
Clark, Crane, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20),
Gagner, Geddes, Hadley, Hansen, Henbest, Hornbeck, Jones(9),
Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander,
Kunz, Lake, Linford, Loertscher, Mader, Marley, Meyer, Miller,
Mortensen, Newcomb, Pomeroy, Reynolds, Richman, Ridinger, Robison,
Sali, Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Taylor, Tilman,
Tippets, Trail, Watson, Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- McKague, Pischner
Absent and excused -- Crow, Gould, Jaquet,
Floor Sponsor - Wood
Title apvd - to Senate
02/04 Senate intro - 1st rdg - to Transp
03/04 Rpt out - rec d/p - to 2nd rdg
03/04 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Risch, Sandy, Schroeder, Sorensen, Stennett, Sweeney,
Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Riggs
Floor Sponsor - Bunderson
Title apvd - to House
03/17 To enrol
03/17 Rpt enrol - Sp signed
03/18 Pres signed - to Governor
03/19 Governor signed
Session Law Chapter 108
Effective: 07/01/98
H0413|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 413 BY MR. SPEAKER Requested by: Department of Transportation 1 AN ACT 2 RELATING TO MOTOR VEHICLE OPERATING FEES FOR NONREDUCIBLE LOADS AND PERMITS 3 FOR OVERLEGAL LOADS; AMENDING SECTION 49-434, IDAHO CODE, TO CLARIFY THE 4 FEE CHARGED FOR VEHICLES HAULING NONREDUCIBLE LOADS IN EXCESS OF THOSE 5 PROVIDED BY LAW BUT LESS THAN THE WEIGHTS SPECIFIED IN THE SCHEDULE IN 6 SECTION 49-1004, IDAHO CODE; AND AMENDING SECTION 49-1004, IDAHO CODE, TO 7 PROVIDE A FEE SCHEDULE FOR VEHICLES HAULING NONREDUCIBLE LOADS AT WEIGHTS 8 IN EXCESS OF THOSE ALLOWED BY LAW, TO PROVIDE FOR ASSESSMENT OF ONE-HALF 9 THE FEE UNTIL JULY 1, 1999, TO PROVIDE AUTHORITY TO THE TRANSPORTATION 10 BOARD OR OTHER AUTHORITY HAVING JURISDICTION OF A HIGHWAY TO REDUCE THE 11 FEES CHARGED FOR VEHICLES OPERATING WITH SPECIFIED AXLE WIDTHS AND TO MAKE 12 A TECHNICAL CORRECTION. 13 Be It Enacted by the Legislature of the State of Idaho: 14 SECTION 1. That Section 49-434, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 49-434. OPERATING FEES. (1) There shall be paid on all commercial vehi- 17 cles, noncommercial vehicles, and on all farm vehicles having a maximum gross 18 weight not in excess of sixty thousand (60,000) pounds, an annual registration 19 fee in accordance with the following schedule. 20 Maximum Gross Weight Annual Registration Fee 21 (Pounds) Noncommercial and Commercial 22 Farm Vehicles Vehicles 23 8,001-16,000 inc. .............................$ 31.08 $ 30.60 24 16,001-26,000 inc. ............................. 61.08 143.40 25 26,001-30,000 inc. ............................. 91.68 223.80 26 30,001-40,000 inc. ............................. 130.08 291.60 27 40,001-50,000 inc. ............................. 188.28 360.00 28 50,001-60,000 inc. ............................. 311.88 515.40 29 (2) There shall be paid on all commercial vehicles, irrespective of body 30 type, and on all farm vehicles having a maximum gross weight in excess of 31 sixty thousand (60,000) pounds, an annual registration fee in the amount of 32 one hundred twenty dollars ($120). 33 (3) In addition, an annual registration fee shall be required for each 34 trailer or semitrailer in a combination of vehicles in the amount of fifteen 35 dollars ($15.00). As an option to the trailer and semitrailer annual registra- 36 tion, the department may provide extended registration. 37 (a) The optional extended-registration period shall not extend beyond 38 seven (7) years. 39 (b) The fee shall be fifteen dollars ($15.00) for each year. 40 (c) The license plate originally issued shall remain on the trailer or 41 semitrailer until the registration expires. 42 (d) If the ownership of a trailer or semitrailer changes during the 43 extended-registration period, the original owner may transfer the plate to 2 1 another vehicle. The remaining fee shall be credited against the cost of 2 the new registration. No refunds shall be given for any unexpired portion 3 of the trailer or semitrailer registration fee if the plate is not trans- 4 ferred by the owner to another trailer. An extended plate shall not be 5 transferred to another owner when the ownership of a trailer or semi- 6 trailer changes. 7 (e) A sticker validating the extended registration shall be affixed to 8 the license plate. The owner shall obtain a replacement plate, validation 9 sticker and a registration document from the department when a plate is 10 lost, destroyed or illegible. 11 (4) An annual registration fee of eight dollars ($8.00) shall be required 12 for each rental utility trailer having a maximum laden or gross weight of up 13 to two thousand (2,000) pounds, or fifteen dollars ($15.00) for each rental 14 utility trailer having a maximum laden or gross weight in excess of two thou- 15 sand (2,000) pounds. 16 (a) For a fee of eight dollars ($8.00) or fifteen dollars ($15.00) per 17 year, as applicable, for each rental utility trailer, the department may 18 issue a rental utility trailer license plate that shall remain valid for a 19 period of five (5) years. 20 (b) The license plate shall become void if the owner's interest in the 21 rental utility trailer changes during the five (5) year period. 22 (c) If the owner fails to enter the rental utility trailer on the annual 23 renewal application during the five (5) year period, the registration 24 record shall be purged. Any unrenewed, unexpired plate shall be returned 25 to the department if it is not entered on the renewal application. 26 (5) An administrative fee of four dollars ($4.00) shall be paid and 27 deposited to the state highway account on all registrations completed by the 28 department under this section. 29 (6) In addition to the registration and license fees provided by subsec- 30 tions (1) and (2) of this section, there shall be paid on all commercial vehi- 31 cles having a maximum gross weight in excess of sixty thousand (60,000) 32 pounds, a use fee based upon the registered maximum gross weight in accordance 33 with the following schedule. The use fees shall be calculated by multiplying 34 the mills per mile, determined from the mills per mile schedule table, times 35 the reported mileage for the vehicle, subject to the provisions of this sec- 36 tion. 37 Maximum Gross 38 Weight of Vehicle Mills per Mile 39 (Pounds) 40 60,001-62,000 30.05 41 62,001-64,000 31.35 42 64,001-66,000 32.60 43 66,001-68,000 33.90 44 68,001-70,000 35.15 45 70,001-72,000 36.40 46 72,001-74,000 38.55 47 74,001-76,000 40.65 48 76,001-78,000 42.75 49 78,001-80,000 44.90 50 80,001-82,000 47.00 51 82,001-84,000 49.10 52 84,001-86,000 51.20 53 86,001-88,000 53.30 54 88,001-90,000 55.40 55 90,001-92,000 57.50 3 1 92,001-94,000 59.60 2 94,001-96,000 61.70 3 96,001-98,000 63.80 4 98,001-100,000 65.90 5 100,001-102,000 68.00 6 102,001-104,000 70.10 7 104,001-106,000 72.20 8 For each additional two thousand (2,000) pounds or fraction thereof in excess 9 of one hundred six thousand (106,000) pounds add 2.1 mills per mile. 10 (7) In addition to the registration and license fees of this section, 11 there shall be paid on all farm vehicles, and any commercial vehicle exclu- 12 sively engaged in the transportation of logs, pulp wood, stull, poles, piling, 13 rough lumber, ores, ore concentrates, sand and gravel aggregates in bulk, 14 livestock and vehicles used for the sole purpose of transporting milk from the 15 farm to processing plant, having a maximum gross weight in excess of sixty 16 thousand (60,000) pounds, a use fee in accordance with the following schedule. 17 The use fees shall be calculated by multiplying the mills per mile, determined 18 from the mills per mile schedule table, times the reported mileage for the 19 vehicle, subject to the provisions of this section. 20 Maximum Gross 21 Weight of Vehicle Mills per Mile 22 (Pounds) 23 60,001-62,000 22.45 24 62,001-64,000 22.45 25 64,001-66,000 22.45 26 66,001-68,000 22.45 27 68,001-70,000 22.45 28 70,001-72,000 22.45 29 72,001-74,000 22.45 30 74,001-76,000 22.45 31 76,001-78,000 22.45 32 78,001-80,000 22.45 33 80,001-82,000 24.55 34 82,001-84,000 26.65 35 84,001-86,000 28.75 36 86,001-88,000 30.85 37 88,001-90,000 32.95 38 90,001-92,000 35.05 39 92,001-94,000 37.15 40 94,001-96,000 39.25 41 96,001-98,000 41.35 42 98,001-100,000 43.45 43 100,001-102,000 45.55 44 102,001-104,000 47.65 45 104,001-106,000 49.75 46 For each additional two thousand (2,000) pounds or fraction thereof in excess 47 of one hundred six thousand (106,000) pounds add 2.1 mills per mile. 48 (8) If any vehicle, or combinations of vehicles move on the highways of 49 the state, and the vehicle or combination exceeds its registered maximum gross 50 weight there shall be paid for that vehicle, the fees provided for in either 51 subsection (6) or (7) of this section, as applicable, for the actual gross 52 weight of the vehicle or combination of vehicles for the miles traveled at the 53 heavier weight. 54 (9) If any vehicle or combinations of vehicles haul nonreducible loads, 55 as authorized under the provisions of section 49-1004, Idaho Code, and 4 1 weigh less than the starting weights per axle configuration listed in column 1 2 of subsection (2), section 49-1004, Idaho Code, then and in that event 3 there shall be paid for that vehicle, in addition to the other fees required 4 in this section, an additional use fee of 2.1 mills per mile for each two 5 thousand (2,000) pounds or fraction thereof of the maximum gross weight in 6 excess of those set forth in section 49-1001, Idaho Code. 7 (10) Any owner operating vehicle combinations may apply to the department 8 for authority to report multiple weights and pay use fees based upon the maxi- 9 mum gross weight of each configuration in the combination being operated. The 10 owner shall declare a maximum gross weight for each configuration being oper- 11 ated but not more than three (3) maximum gross weights for a vehicle combina- 12 tion may be declared. Any owner who receives authority to report and pay use 13 fees at multiple maximum gross weights shall register the motor vehicle in a 14 combination at the highest maximum gross weight of the vehicle. Any owner who 15 reports vehicle combinations at multiple weights and fails to maintain records 16 and furnish said records to the department upon request which show the config- 17 uration of the combination of vehicles and the trailer and unit number for all 18 miles and trip segments traveled shall have all miles assessed at the highest 19 maximum gross weight of the combination of vehicles. 20 (11) An applicant for registration of a commercial vehicle, a noncommer- 21 cial vehicle or a farm vehicle shall set forth the maximum gross weight of the 22 vehicle or combination of vehicles and the applicant shall pay any annual reg- 23 istration fees and any annual license fees on trailers and semitrailers 24 required at the time he makes application for registration subject to the pro- 25 visions of subsections (1) and (2) of this section. No part of the registra- 26 tion or license fees shall be subject to refund. The use fee payment required 27 shall be computed according to the schedule in either subsection (6) or (7) of 28 this section on the mileage operated over the highways of the state of Idaho 29 and the owner of any vehicle against which a use fee is assessed, shall at the 30 time of making his next quarterly report pay the use fee, if any, for the 31 three (3) calendar months immediately prior. In determining the mileage sub- 32 ject to the use fee, there shall be deducted the miles traveled on roadways 33 maintained with private funds by agreement with the public agency or agencies 34 having jurisdiction over them. In no event shall the total money credited to 35 the owner for the mileage exceed the actual cost of maintenance expended by 36 him. 37 (12) Any owner who operates or intends to operate non-Idaho based vehi- 38 cles in Idaho that are subject to the use fee required under the provisions 39 of this section shall apply for a use fee account before operating the vehi- 40 cles in Idaho. In lieu of establishing a use fee account the owner may pur- 41 chase a trip permit under the provisions of section 49-432 or 49-433, Idaho 42 Code, as applicable. The department shall develop rules to administer the use 43 fee account. Any owner who has not established a use fee account or has not 44 purchased a trip permit prior to operating in Idaho shall have committed an 45 infraction. 46 SECTION 2. That Section 49-1004, Idaho Code, be, and the same is hereby 47 amended to read as follows: 48 49-1004. PERMITS FOR OVERWEIGHT OR OVERSIZE LOADS. (1) Upon 49 application in writing to the board or other proper authorities in charge of, 50 or having jurisdiction over a highway, the board or authorities may in their 51 discretion issue a special permit to the owner or operator of any vehicle 52 allowing vehicles or loads having a greater weight or size than permitted by 53 law to be moved or carried over and on the highways and bridges. 5 1 (a) Special permits shall be in writing and may limit the 2 time of use and operation over the particular highways and bridges which 3 may be traversed and may contain any special conditions and require any 4 undertaking or other security as the board or other proper authority shall 5 deem to be necessary to protect the highways and bridges from injury, or 6 provide indemnity for any injury to highways and bridges or to persons or 7 property resulting from such operation. 8 (b) The owner or operator of an overweight or oversize vehi- 9 cle shall obtain a permit, or shallstablishestablish 10 intent to obtain a permit by contacting a permit office and receiv- 11 ing a permit number before moving the vehicle on the highways. 12 (c) All special permits or evidence of intent to obtain a 13 permit, shall be carried in the vehicles to which they refer and shall 14 upon demand be delivered for inspection to any peace officer, authorized 15 agent of the board or any officer or employee charged with the care or 16 protection of the highways. 17 (2) Nonreducible vehicles or combinations of vehicles hauling 18 nonreducible loads at weights in excess of those set forth in section 19 49-1001, Idaho Code, shall pay fees as set forth in this subsection (2). Such 20 fees are based on the number of axles on the vehicle or combination of vehi- 21 cles and the total gross weight. 22 Column 1 Column 2 23 Number of axles Gross weight of vehicle Gross weight of vehicle 24 and load in pounds and load in pounds 25 2 40,001 - 26 3 54,001 - 27 4 68,001 - 28 5 80,001 131,001 29 6 97,001 148,001 30 7 114,001 165,001 31 32 (a) To determine the maximum allowable permit fee for vehicles with more 33 than seven (7) axles, the table can be extended by adding seventeen thou- 34 sand (17,000) pounds to the last listed weight in both columns 1 and 2 for 35 each added axle. 36 37 (b) Permit fees for column 1 shall start at four cents (4[) per mile and 38 increase four cents (4[) per mile for each additional two thousand (2,000) 39 pound increment up to the weight indicated in column 2. Permit fees for 40 column 2 shall start at one dollar and two cents ($1.02) per mile and 41 increase seven cents (7[) per mile for each additional two thousand 42 (2,000) pound increment. 43 (c) Vehicles operating at weights less than the starting weights per axle 44 configuration listed in column 1 shall be charged fees as stated in sec- 45 tion 49-434(9), Idaho Code. 46 (d) For vehicles operating with axles wider than eight (8) feet six (6) 47 inches or axles with more than four (4) tires per axle, the fee may be 48 reduced by the board or other proper authority having jurisdiction over a 49 highway. 50 (e) From July 1, 1998, through June 30, 1999, the fee charged per mile 51 pursuant to this subsection shall be assessed at one-half (1/2) the calcu- 52 lated fee. On and after July 1, 1999, the fee charged per mile shall be 53 calculated and assessed in accordance with this subsection. 54 (3) It shall be unlawful for any person to violate, or to cause or 55 permit to be violated, the limitations or conditions of special permits and 6 1 any violation shall be deemed for all purposes to be a violation of the provi- 2 sions of this chapter.
STATEMENT OF PURPOSE
RS07331
This legislation would amend Sections 49434(7) and 49-1004, Idaho Code, to increase the
fees charged to overweight non-reducible vehicles and/or loads traveling within and
through the State of Idaho, on the state highway system.
Currently only administrative fees, plus a minimal use fee, are charged for these types of
overweight non-reducible vehicle and/or loads to operate on state highways.
The current system only charges according to gross weight and does not take into
consideration the number of axles the weight is being hauled on. The proposed fee
structure takes into consideration the number of axles the weight is being hauled on to
calculate a use fee, and encourages the use of more axles, which, in turn, will reduce the
total fee charged and also reduce the wear and tear on the infrastructure.
The wear and tear incurred on our highways and structures by these types of vehicle and/or
loads is not being recovered by the administrative costs and minimal use fee the
Department is currently charging.
The increase in revenue would be used to maintain and improve highways and structures
on state highways.
FISCAL IMPACT
The first year fees would generate approximately $350,000.00, as the fees will be
assessed at one-half (1/2) the full rate from July 1, 1998 to June 30, 1999. The first year
fees would be distributed as follows: $205,000.00 to the State Highway Account,
$125,000.00 to Locals and $20,000.00 to the Department of Law Enforcement. Each year
thereafter the fees would generate approximately $700,000.00 to the Highway Distribution
Account, with $410,000.00 going to the State Highway Account, $250,000.00 to Locals
and $40,000.00 to DLE.
CONTACT
Name: Alan Frew
Agency: Idaho Transportation Department
Phone: 334-8694
Statement of Purpose/Fiscal Impact
H 413