1998 Legislation
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HOUSE BILL NO. 623, As Amended, As Amended, – Hwys, pilot project routes, trucks

HOUSE BILL NO. 623, As Amended, As Amended,

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H0623aa,aa,aaS................................by TRANSPORTATION AND DEFENSE
HIGHWAYS - Amends existing law to set up pilot project routes on the state
highway system to allow trucks to operate on those routes with weights up
to 129,000 pounds; to limit speeds for trucks at no higher than 65 miles
per hour; and to provide for studies to be conducted on the effect of
heavier weights on safety, bridges, pavement and the effect of speed
differentials on crashes and collisions.

02/05    House intro - 1st rdg - to printing
02/06    Rpt prt - to Transp
02/17    Rpt out - to Gen Ord
02/18    Rpt out amen - to engros
02/19    Rpt engros - 1st rdg - to 2nd rdg as amen
02/20    Referred to Gen Ord
02/23    Rpt out amen - to engros
02/24    Rpt engros - 1st rdg - to 2nd rdg as amen
02/25    2nd rdg - to 3rd rdg as amen
02/27    3rd rdg as amen - PASSED - 48-20-2
      AYES -- Alltus, Barraclough, Barrett, Bell, Bivens, Black(15),
      Black(23), Callister, Campbell, Clark, Crow, Cuddy, Deal, Denney,
      Ellsworth, Field(13), Field(20), Gagner, Gould, Hansen, Hornbeck,
      Jaquet, Jones(9), Jones(22), Jones(20), Kellogg, Kempton, Kendell,
      Kjellander, Lake, Linford, Loertscher, Mader, McKague, Meyer,
      Newcomb, Reynolds, Ridinger, Sali, Schaefer, Stevenson, Stone,
      Stubbs, Tilman, Watson, Wheeler, Wood, Zimmermann
      NAYS -- Bieter, Boe, Bruneel, Chase, Crane, Geddes, Hadley, Henbest,
      Judd, Kunz, Marley, Miller, Pischner, Pomeroy, Richman, Robison,
      Stoicheff, Taylor, Tippets, Trail
      Absent and excused -- Mortensen, Mr Speaker
    Floor Sponsor - Kempton
    Title apvd - to Senate
03/03    Senate intro - 1st rdg as amen - to Transp
03/11    Rpt out - rec d/p - to 2nd rdg as amen
03/12    2nd rdg - to 3rd rdg as amen
03/13    Referred to 14th Ord
    Rpt out amen - 1st rdg - to 2nd rdg as amen
03/13    Rls susp - PASSED - 20-13-2
      AYES--Boatright, Branch, Bunderson, Burtenshaw, Cameron, Crow,
      Danielson, Darrington, Deide, Hawkins, Ingram, King, ee, Richardson,
      Riggs, Risch, Sandy, Sorensen, Sweeney, Twiggs
      NAYS--Andreason, Dunklin, Frasure, Geddes, Ipsen, Keough, Noh, Parry,
      Schroeder, Stennett, Thorne, Wheeler, Whitworth
      Absent and excused--Hansen, McLaughlin
    Floor Sponsors - Ingram, Sweeney
    Title apvd - to House
03/16    House concurred in Senate amens - to engros
03/17    Rpt engros - 1st rdg - to 2nd rdg as amen
03/18    2nd rdg as amen - to 3rd rdg as amen
03/18    3rd rdg as amen - PASSED - 50-18-2
      AYES -- Alltus, Barraclough, Barrett, Bell, Bivens, Black(15),
      Black(23), Callister, Campbell, Clark, Crow, Cuddy, Deal, Denney,
      Ellsworth, Field(13), Field(20), Gagner, Gould, Hornbeck, Jaquet,
      Jones(9), Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell,
      Kjellander, Lake, Linford, Loertscher, Mader, McKague, Meyer,
      Mortensen, Newcomb, Reynolds, Ridinger, Sali, Schaefer, Stevenson,
      Stone, Stubbs, Tilman, Watson, Wheeler, Wood, Zimmermann, Mr Speaker
      NAYS -- Bieter, Boe, Bruneel, Chase, Geddes, Hadley, Henbest, Kunz,
      Marley, Miller, Pischner, Pomeroy, Richman, Robison, Stoicheff,
      Taylor, Tippets, Trail
      Absent and excused -- Crane, Hansen
    Floor Sponsor - Kempton
    Title apvd - to enrol
03/19    Rpt enrol - Sp signed
    Pres signed - to Governor
03/20    Governor signed
         Session Law Chapter 158
         Effective: 07/01/98

Bill Text


H0623


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

                             IN THE HOUSE OF REPRESENTATIVES

                       HOUSE BILL NO. 623, As Amended, As Amended,
                                 As Amended in the Senate

                         BY TRANSPORTATION AND DEFENSE COMMITTEE

 1                                        AN ACT
 2    RELATING TO ALLOWABLE GROSS LOADS AND MAXIMUM SPEED LIMITS;  AMENDING  SECTION
 3        49-654, IDAHO CODE, TO AUTHORIZE THE TRANSPORTATION BOARD TO SET A MAXIMUM
 4        SPEED  LIMIT  OF  SIXTY-FIVE  MILES  PER HOUR FOR TRUCKS WITH FIVE OR MORE
 5        AXLES WEIGHING MORE THAN TWENTY-SIX THOUSAND POUNDS FOR TRAVEL  ON  INTER-
 6        STATE  HIGHWAYS;  AMENDING  SECTION 49-1001, IDAHO CODE, TO ALLOW VEHICLES
 7        WITH REDUCIBLE LOADS WITH GROSS WEIGHTS EXCEEDING ONE HUNDRED  FIVE  THOU-
 8        SAND  FIVE  HUNDRED POUNDS BUT NOT MORE THAN ONE HUNDRED TWENTY-NINE THOU-
 9        SAND POUNDS TO OPERATE ON SPECIFIED PILOT PROJECT ROUTES IF IN  CONFORMITY
10        WITH  OTHER  WEIGHT,  LENGTH  AND  FEE  REQUIREMENTS OF LAW, TO EXTEND THE
11        ALLOWABLE GROSS LOADS TABLE TO THIRTEEN AXLES AND ONE HUNDRED  TWENTY-NINE
12        THOUSAND  POUNDS  AND  TO  MAKE  TECHNICAL  CORRECTIONS;  AMENDING SECTION
13        49-1004, IDAHO CODE, TO AUTHORIZE DESIGNATION OF PILOT PROJECT  ROUTES  ON
14        NONINTERSTATE  AND NONSTATE HIGHWAYS, TO DESIGNATE PILOT PROJECT ROUTES ON
15        STATE HIGHWAYS, TO PROVIDE AN ANNUAL ADMINISTRATIVE PERMIT FOR  TRAVEL  ON
16        PILOT  PROJECT  ROUTES  AND  TO MAKE A TECHNICAL CORRECTION; AND PROVIDING
17        LEGISLATIVE INTENT FOR ANNUAL REPORTS TO  THE  LEGISLATURE  BY  THE  IDAHO
18        TRANSPORTATION DEPARTMENT REGARDING IMPORTANT IMPACTS INCLUDING THE IMPACT
19        ON  SAFETY, BRIDGES AND PAVEMENT ON PILOT PROJECT ROUTES AND TO SUNSET THE
20        PILOT PROJECT PROGRAM.

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

22        SECTION 1.  That Section 49-654, Idaho Code, be, and the  same  is  hereby
23    amended to read as follows:

24        49-654.  BASIC  RULE AND MAXIMUM SPEED LIMITS. (1) No person shall drive a
25    vehicle at a speed greater than is reasonable and prudent under the conditions
26    and having regard to the actual and potential hazards then  existing.  Consis-
27    tent  with  the  foregoing, every person shall drive at a safe and appropriate
28    speed when approaching and crossing an intersection or railroad  grade  cross-
29    ing,  when approaching and going around a curve, when approaching a hillcrest,
30    when traveling upon any narrow or winding highway, and  when  special  hazards
31    exist  with respect to pedestrians or other traffic or by reason of weather or
32    highway conditions.
33        (2)  Where no  special  hazard    or  condition    exists  that
34    requires  lower  speed  for compliance with subsection (1) of this section the
35    limits as hereinafter authorized shall be maximum lawful speeds, and no person
36    shall drive a vehicle at a speed in excess of the maximum limits:
37        (a)  Thirty-five (35) miles per hour or a  lesser  maximum  speed  adopted
38        pursuant to section 49-207(2)(a), Idaho Code, in any residential, business
39        or urban district;
40        (b)  Thirty-five (35) miles per hour in any urban district;
41        (c)  Seventy-five (75) miles per hour on interstate highways;
42        (d)  Sixty-five (65) miles per hour on state highways;


                                          2

 1        (e)  Fifty-five  (55)  miles  per hour in other locations unless otherwise
 2        posted up to a maximum of sixty-five (65) miles per hour.
 3         (3)  The maximum lawful speed limit on interstate highways shall not
 4    exceed sixty-five (65) miles per hour for vehicles with five (5) or more axles
 5    operating at a gross weight of more than twenty-six thousand (26,000)  pounds.
 6    

 7        SECTION  2.  That  Section 49-1001, Idaho Code, be, and the same is hereby
 8    amended to read as follows:

 9        49-1001.  ALLOWABLE GROSS LOADS. The gross load imposed on the highway  by
10    any  vehicle  or  combination  of vehicles shall not exceed the limits in this
11    section. The maximum  single  axle  gross  weight  shall  be  twenty  thousand
12    (20,000)  pounds,  the maximum single wheel gross weight shall be ten thousand
13    (10,000) pounds and the maximum gross vehicle or combination weight  shall  be
14    one hundred five thousand five hundred (105,500) pounds, provided that maximum
15    gross  vehicle  or  combination weight on United States federal interstate and
16    defense highways of this state  shall  not  exceed  eighty  thousand  (80,000)
17    pounds,  except  as  permitted  under the provisions of section 49-1004, Idaho
18    Code.
19        (1)  The total gross weight imposed on the highway by any group of consec-
20    utive axles shall be determined by the following formula:
21                                W=500((LN/N-1)+12N+36)
22        Where W is the maximum weight in pounds (to the nearest 500  pounds)  car-
23    ried  on  any group of two (2) or more consecutive axles. L is the distance in
24    feet between the extremes of any group of two (2) or more  consecutive  axles,
25    and N is the number of axles under consideration.


                                          3

 1    FOR  A COPY OF THE TABLE/PRINTED BILL PLEASE CONTACT THE LEGISLATIVE MAIL CEN-
 2    TER  (208-334-3012) OR FOR A COPY OF THE TABLE ONLY CONTACT SHARON NATANSON IN
 3    THE LEGISLATIVE SERVICES OFFICE (208-334-2475).


                                          4

 1    FOR A COPY OF THE TABLE/PRINTED BILL PLEASE CONTACT THE LEGISLATIVE MAIL  CEN-
 2    TER  (208-334-3012) OR FOR A COPY OF THE TABLE ONLY CONTACT SHARON NATANSON IN
 3    THE LEGISLATIVE SERVICES OFFICE (208-334-2475).


                                          5

 1        (a)  A  public  highway  agency  may  limit the application of the weights
 2        authorized in this section as to certain highways within its  jurisdiction
 3        which  it  determines  have  limited  structural  capacity  of  pavements,
 4        bridges,  or  other  appurtenances.  In  designating such highways, it may
 5        specify a minimum wheelbase for combinations to be  operated  thereon.  It
 6        may  also  designate specific highways or portions on which operation of a
 7        combination of vehicles with seven (7) , eight (8) or nine (9) 
 8         through thirteen (13)    axle  s      vehicles
 9         will be subject to specified lesser allowable gross weights.
10        (b)  Notwithstanding  the  figures  shown  in the table in this subsection
11        (1), two (2) consecutive sets of tandem axles may carry a  gross  load  of
12        thirty-four  thousand (34,000) pounds each, providing the overall distance
13        between the first and last axles of such consecutive sets of tandem  axles
14        is thirty-six (36) feet or more.
15          (c)  Vehicles  may  operate  with  reducible loads at gross weights
16        greater than one hundred five thousand five hundred (105,500)  pounds  but
17        not  exceeding one hundred twenty-nine thousand (129,000) pounds on nonin-
18        terstate highways in accordance with the provisions  of  section  49-1004,
19        Idaho  Code, provided such vehicles are in compliance with the weight for-
20        mula specified in this subsection (1)  of  this  section,  have  paid  the
21        weight-distance  operating fees calculated as specified in section 49-434,
22        Idaho Code, and are in compliance with the length restrictions  set  forth
23        in section 49-1010(7), Idaho Code. 
24        (2)  The  weight  limitations  set forth in the table in subsection (1) of
25    this section shall not apply to any vehicle, or combination of vehicles when a
26    greater allowed weight in pounds would be permitted such  vehicles  under  the
27    table  provided  in this subsection, except that with regard to transportation
28    on the United States federal interstate and defense highways  of  this  state,
29    the  following table of allowable weights shall apply only to vehicles engaged
30    in the transportation of logs, pulp wood, stull, rough lumber, poles  or  pil-
31    ing;  or  to  any  such vehicle engaged in the transportation of ores, concen-
32    trates, sand and gravel and aggregates thereof, in bulk; or to any such  vehi-
33    cle engaged in the transportation of agricultural commodities, including live-
34    stock:
35    Distance in feet between                    Allowed Load in Pounds
36    the extremes of any group            Vehicles with             Vehicles with
37    of 2  of   or  more consecutive          Three or Four             Five or more
38            axles                            axles                      axles
39             3 through 12                   37,800                     37,800
40             13                             56,470                     56,470
41             14                             57,940                     57,940
42             15                             59,400                     59,400
43             16                             60,610                     60,610
44             17                             61,820                     61,820
45             18                             63,140                     63,140
46             19                             64,350                     64,350
47             20                             65,450                     65,450
48             21                             66,000                     66,330
49             22                             66,000                     67,250
50             23                             66,000                     67,880
51             24                             66,000                     68,510
52             25                             66,000                     69,150
53             26                             66,000                     69,770
54             27                             66,000                     70,400
55             28                             66,000                     70,950


                                          6

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


                                          7

 1        (6)  The limitations imposed in this section are in addition  and  supple-
 2    mental  to  all  other  laws  imposing limitations upon the size and weight of
 3    vehicles. Further, single axles within groups of axles are subject to the pro-
 4    visions and limitations of this chapter. Single axles within groups  of  axles
 5    may  be  weighed and evaluated separately, or single axles may be prequalified
 6    in accordance with rules or ordinances established by the board or other  pub-
 7    lic  road jurisdiction, if any of the following conditions exist regarding the
 8    single axle within a group of axles:
 9        (a)  A suspension system common to all axles in the group  of  axles  does
10        not exist.
11        (b)  One (1) or more axles in the group of axles is equipped with separate
12        variable  load suspension controls to regulate the weight carried by indi-
13        vidual axles.
14        (c)  One (1) or more axles in a group of axles is equipped  with  more  or
15        fewer tires than other axles in the group of axles.
16        (d)  All  tires  in the group of axles are not the same size as determined
17        by the manufacturer's sidewall rating.
18        (7)  Notwithstanding the other provisions of  this  chapter,  no  vehicle,
19    motor  vehicle,  trailer  and/or  semitrailer,  or combination thereof, may be
20    operated on the public highways of the state under loads which would result in
21    the withholding of funds by operation of controlling federal law  as  provided
22    in the Federal Aid Highway Act of 1956, as amended.
23        (8)  Except  as provided herein, no vehicle or combination of vehicles may
24    proceed past the place of weighing at temporary or permanent ports of entry or
25    checking stations when: the weight of a single axle exceeds the maximum  limi-
26    tations set forth herein by two thousand (2,000) pounds or more; the weight of
27    a combination of axles, or gross vehicle  weight exceeds the maximum allowable
28    weight as set forth herein by seven percent (7%) or more. Vehicles or combina-
29    tions  of  vehicles which exceed the weight limitations set forth herein shall
30    be required to be brought into compliance with applicable  weight  limitations
31    contained within this subsection at the place of weighing prior to continuing,
32    except those vehicles or combinations of vehicles which are transporting loads
33    which, in the determination of the board or other proper authorities in charge
34    of  or having jurisdiction over a highway, are deemed unsafe or impractical to
35    bring into compliance at the place of  weighing,  and  except  those  vehicles
36    which  do  not  exceed  fifteen percent (15%) over maximum axle and axle group
37    weights set forth in this section. Vehicles or combinations of vehicles trans-
38    porting loads in this latter category shall obtain a travel  authorization  to
39    the  nearest  place  of  safe  unloading,  load  adjustment  or other means of
40    legalization.
41        (a)  Neither the state of Idaho or its employees, nor  any  authority  and
42        its employees in charge of or having jurisdiction over a highway, shall be
43        held  liable  for  personal  injury  or property damage resulting from the
44        requirements of section 49-1001(8), Idaho Code.
45        (b)  The fee for a travel authorization as set forth above shall be  fifty
46        dollars  ($50.00)  and shall be on a form prescribed by the board or other
47        proper authorities, and shall not be construed as contributing to a reduc-
48        tion in the penalties prescribed in section 49-1013, Idaho Code.
49        (c)  The board or other proper authorities in charge of or  having  juris-
50        diction over a highway shall adopt and enforce administrative rules as may
51        be necessary to carry out the provisions of this section.
52        (9)  For  vehicles on all highways except the United States federal inter-
53    state and defense highways of this state, the following table shall apply:
54    Distance in feet between                    Allowed Load in Pounds
55    the extremes of any group            Vehicles with             Vehicles with


                                          8

 1    of 2  of   or  more consecutive          Three or Four             Five or more
 2            axles                            axles                      axles
 3             3 through 12                   37,800                     37,800
 4             13                             56,470                     56,470
 5             14                             57,940                     57,940
 6             15                             59,400                     59,400
 7             16                             60,610                     60,610
 8             17                             61,820                     61,820
 9             18                             63,140                     63,140
10             19                             64,350                     64,350
11             20                             65,450                     65,450
12             21                             66,000                     66,330
13             22                             66,000                     67,250
14             23                             66,000                     67,880
15             24                             66,000                     68,510
16             25                             66,000                     69,150
17             26                             66,000                     69,770
18             27                             66,000                     70,400
19             28                             66,000                     70,950
20             29                             66,000                     71,500
21             30                             66,000                     72,050
22             31                                                        72,600
23             32                                                        73,150
24             33                                                        73,700
25             34                                                        74,250
26             35                                                        74,800
27             36                                                        75,350
28             37                                                        75,900
29             38                                                        76,450
30             39                                                        77,000
31             40                                                        77,550
32             41                                                        78,100
33             42                                                        78,650
34             43 and over                                               80,000
35    The weight allowances provided in this subsection do not apply  if  the  total
36    gross  weight  of  a  vehicle or combination of vehicles is intended to exceed
37    eighty thousand (80,000) pounds as declared by the operator. When  the  provi-
38    sions  of  this subsection are applicable to a vehicle or combination of vehi-
39    cles, it shall be a violation of the provisions of  this  subsection  if  that
40    vehicle  or  combination  of  vehicles  exceeds  the weights specified in this
41    table.
42        (10) When owned by or under contract to or  under  authority  of  a  city,
43    county,  or  state agency, refuse/sanitation trucks transporting refuse may be
44    operated on public highways in accordance with the weights allowed in  subsec-
45    tion  (9)  of  this section, except that such trucks equipped with single rear
46    axles are allowed twenty-four thousand (24,000) pounds  on  that  single  rear
47    axle  when  specifically authorized by the public highway agency governing the
48    highways over which the refuse/sanitation truck is operating and provided  the
49    following conditions are met:
50        (a)  The weight allowances provided for in this subsection shall not apply
51        to the United States federal interstate and defense highways of the state;
52        and
53        (b)  The  owner or operator has paid an annual operating fee for a permit,
54        not to exceed fifty dollars ($50.00) per refuse/sanitation truck  to  each
55        public   agency   governing   the   public   highways   over   which   the


                                          9

 1        refuse/sanitation  truck  operates.  The  permit  shall  be carried in the
 2        refuse/sanitation truck. The permit fee may be waived by a  public  agency
 3        for  refuse/sanitation  trucks  operated  over  public highways under that
 4        agency's jurisdiction.
 5        (11) Variable load suspension axles shall meet the following  criteria  in
 6    order to be included in the computation of gross vehicle or axle weight limits
 7    for vehicles under the provisions of this section:
 8        (a)  The deployment control switch for such axles may be located inside of
 9        the  driver's  compartment but the pressure regulator valve for the opera-
10        tion of pressure on the pavement shall be located outside of and  inacces-
11        sible to the driver's compartment.
12        (b)  The  gross axle weight rating of each such axle must not be less than
13        the actual loading of the axle and shall not be less  than  nine  thousand
14        (9,000) pounds.
15        (c)  All variable load suspension axles mounted on a vehicle after January
16        1, 1990, shall be designed to be self-steering in a manner that will guide
17        or  direct  the  variable load suspension mounted wheels through a turning
18        movement without undue tire scrubbing or pavement scuffing.
19        (d)  Variable load suspension  axles  must  be  fully  deployed  or  fully
20        raised.  The  pressure regulator valve which governs the load distribution
21        to the variable load suspension axle(s) shall be set  and  sealed  by  the
22        owner of the vehicle(s) in accordance with rules or ordinances established
23        by  the  board  or  other public road jurisdiction. For applicable defini-
24        tions, see sections 49-117 and 49-123, Idaho Code.
25        (12) Any person who operates a motor vehicle with a variable load  suspen-
26    sion  axle  in violation of the provisions of this section shall be subject to
27    the penalties provided in section 49-1013, Idaho Code.

28        SECTION 3.  That Section 49-1004, Idaho Code, be, and the same  is  hereby
29    amended to read as follows:

30        49-1004.  PERMITS FOR OVERWEIGHT OR OVERSIZE LOADS.  (1)   Upon
31    application  in writing to the board or other proper authorities in charge of,
32    or having jurisdiction over a highway, the board or authorities may  in  their
33    discretion  issue  a  special  permit  to the owner or operator of any vehicle
34    allowing vehicles or loads having a greater weight or size than  permitted  by
35    law  to be moved or carried over and on the highways and bridges. Special per-
36    mits shall be in writing and may limit the time of use and operation over  the
37    particular  highways  and  bridges  which may be traversed and may contain any
38    special conditions and require any undertaking or other security as the  board
39    or  other  proper authority shall deem to be necessary to protect the highways
40    and bridges from injury, or provide indemnity for any injury to  highways  and
41    bridges  or to persons or property resulting from such operation. The owner or
42    operator of an overweight or oversize vehicle shall obtain a permit, or  shall
43      stablish      establish   intent to obtain a permit by
44    contacting a permit office and receiving a permit  number  before  moving  the
45    vehicle on the highways. All special permits or evidence of intent to obtain a
46    permit,  shall  be  carried in the vehicles to which they refer and shall upon
47    demand be delivered for inspection to any peace officer, authorized  agent  of
48    the  board  or  any officer or employee charged with the care or protection of
49    the highways. It shall be unlawful for any person to violate, or to  cause  or
50    permit  to  be  violated, the limitations or conditions of special permits and
51    any violation shall be deemed for all purposes to be a violation of the provi-
52    sions of this chapter.
53         (2)  A special pilot project  route  permit  authorizing  travel  on


                                          10

 1    pilot  project  routes  may  be  issued by the board or a local public highway
 2    agency for operation of vehicles with a legal maximum gross weight of at least
 3    one hundred five thousand five hundred one (105,501) pounds but not  exceeding
 4    one  hundred  twenty-nine thousand (129,000) pounds. Such pilot project routes
 5    on nonstate and noninterstate highways shall be determined by the local  high-
 6    way  agency  for  those roads under its jurisdiction, based on criteria estab-
 7    lished by the board. No local public highway  agency  shall  approve  a  pilot
 8    project  route  which  provides a thoroughfare for interstate carriers to pass
 9    through the state. State pilot project routes designated by the board based on
10    criteria established by the board and identified on a map entitled "Designated
11    Pilot Project Routes" are:
12        (a)  Ashton to Kimberly to Twin Falls to Nevada using US-20, US-30, SH-33,
13        US-93, SH-25, SH-50 and SH-74.
14        (b)  Interstate 15 to Wyoming or Utah border using US-30, SH-34 and US-91.
15    Additions or deletions to the approved state pilot project routes specified in
16    paragraphs (a) and (b) of this subsection (2) shall  be  made  only  with  the
17    approval of the state legislature.
18        (3)  An  annual  administrative  permit fee for operating on pilot project
19    routes at the weights specified in subsection (2) of this section shall be set
20    by the board for travel on state pilot project routes and by the local  public
21    highway  agency for travel on routes under its jurisdiction, but not to exceed
22    a maximum of fifty dollars ($50.00) per vehicle. The annual permit shall cover
23    administrative costs. Local public highway agencies are authorized to  request
24    the  department  to  issue  permits  on  their behalf. Permit fees for permits
25    issued by the department shall be retained by the department to cover adminis-
26    trative costs. In addition to the annual administrative  permit  fee  and  the
27    weight-distance  fee  for weights up to one hundred five thousand five hundred
28    (105,500) pounds, the appropriate weight-distance fee  for  weights  over  one
29    hundred  five  thousand  five hundred (105,500) pounds shall be calculated and
30    collected in accordance with the fee schedules set forth  in  section  49-434,
31    Idaho Code. 

32        SECTION 4.  It is the intent of the legislature that the Idaho Transporta-
33    tion  Department  shall  report  annually to the legislature on the results of
34    their monitoring and evaluation of all important impacts, including impacts to
35    safety, bridges and pavement on all the state pilot project routes. The  first
36    report  shall  be  submitted  to  the First Regular Session of the Fifty-fifth
37    Idaho Legislature which convenes in January of 1999. The pilot project program
38    shall sunset in three years following implementation unless otherwise extended
39    by the legislature.

Statement of Purpose / Fiscal Impact


    





                           STATEMENT OF PURPOSE
                                RS 07813Cl
    
    RELATING TO ALLOWABLE GROSS LOADS FOR MOTOR CARRIERS: This legislation will amend 
    Sections 49-1001 and 49-1004, Idaho Code, to give public highway agencies the authority 
    to increase the allowable gross weight from 105,500 pounds to 129,000 pounds for motor 
    carriers operating on designated non Interstate "pilot project" routes. These pilot 
    project routes will be designated using specific criteria established by the Idaho 
    Transportation Board, provided that the routes designated by local jurisdictions do not 
    provide a thoroughfare for interstate carriers passing through the state. State pilot 
    project routes will be designated by the Board, subject to Legislative approval. 
    Permission to operate at the higher weight will be granted by written permit only. 
    Vehicles operating with these higher weights will have to meet all current length 
    restrictions.
    
    The Idaho Transportation Department will report to the Legislature biennially on the 
    safety, bridge and pavement impacts of the pilot projects. The pilot project program 
    will sunset three years after implementation unless otherwise authorized by the Idaho 
    legislature.
    
    On the Interstate, five axle vehicles operating in excess of 26,000 pounds will be 
    restricted to a maximum speed of 65 mph.
    
    The legislation expresses legislative intent to approve higher truck weights 
    on additional state highways once higher weights are federally authorized on the 
    Interstate.
    
    FISCAL NOTE
    
    The fiscal impact to the motor carrier industry would be based upon a pilot project 
    route permit fee of up to $50.00 a year per vehicle to cover administrative costs. (The 
    Idaho Transportation Department currently charges $38 per permit, based on 
    administrative costs.) As this is a new program, it is unknown how many carriers would 
    choose to operate at the higher weights in the pilot project routes once they were 
    established.
    
    The fiscal impact to public highway agencies would be based on the 
    following:
    
    Creation of a new permit to be issued to the carriers for this type of 
    movement.
    
    Training personnel on issuing the new permits.
    
    There would be an unknown increase in the number of permit issued.
    
    Modification to the quarter card system to issue quarter cards. In addition, the 
    pilot project criteria calls for some monitoring programs to be in place for safety, 
    bridges and pavements on the pilot project routes. The legislative reporting 
    requirements might mean some adjustment to current Idaho Transportation Department 
    schedules for inspecting bridges and testing of pavement (on those routes involved in 
    pilot projects) to provide information for the report. There would also be some time 
    required of staff (planning & permits) to work with industry and the local highway 
    jurisdictions on coordinating routes, before approval of pilot projects. Since this 
    is a new program, there is no history on which to base dollar figures and time 
    requirements for accomplishing the above requirements. The costs for signs for 
    differential speed limits on the Interstate are as follows:
    
    Installation $63,750 Maintenance $11,000. 
    
CONTACT: Representative Jim Kempton (332-1146
         ITD (334-8804) Mary Detmar, BPIR Manager,
    
    STATEMENT OF 
    PURPOSE/FISCAL  
    NOTE   Bill 
    No.H623