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S1351aa...................................................by TRANSPORTATION
MOTOR VEHICLES - Amends existing law to provide that violation of Section
49-1005, Idaho Code, regarding special regulations for size, weight or
speed of motor vehicles on certain roads for reasons of climatic or other
conditions which may cause damage to roads is subject to the sliding scale
schedule of penalties as provided in law for violation of motor vehicle
weight, speed and tire regulations.
01/28 Senate intro - 1st rdg - to printing
01/29 Rpt prt - to Transp
02/18 Rpt out - to 14th Ord
02/19 Rpt out amen - to engros
02/20 Rpt engros - 1st rdg - to 2nd rdg as amen
02/23 2nd rdg - to 3rd rdg as amen
03/04 3rd rdg as amen - 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, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
Sweeney, Thorne, Wheeler, Whitworth
NAYS--None
Absent and excused--Twiggs
Floor Sponsor - Schroeder
Title apvd - to House
03/05 House intro - 1st rdg as amen - to Transp
03/17 Rpt out - rec d/p - to 2nd rdg as amen
03/18 2nd rdg - to 3rd rdg as amen
03/18 Rls susp - PASSED - 61-0-9
AYES -- Alltus, Barraclough, Bell, Bieter, Bivens, Black(15),
Black(23), Boe, Bruneel, Callister, Campbell, Chase, Clark, Crow,
Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes,
Gould, Hadley, Henbest, Hornbeck, Jaquet, Jones(9), Jones(22),
Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake,
Linford, Loertscher, Mader, Marley, McKague, Meyer, Mortensen,
Pischner, Pomeroy, Reynolds, Richman, Ridinger, Robison, Sali,
Schaefer, Stoicheff, Stone, Stubbs, Taylor, Tilman, Watson, Wheeler,
Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Barrett, Crane, Hansen, Miller, Newcomb,
Stevenson, Tippets, Trail, Wood
Floor Sponsor - Kempton
Title apvd - to Senate
03/19 To enrol
03/20 Rpt enrol - Pres signed
03/23 Sp signed - to Governor
03/24 Governor signed
Session Law Chapter 266
Effective: 03/24/98
S1351|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1351, As Amended BY TRANSPORTATION COMMITTEE 1 AN ACT 2 RELATING TO PENALTIES FOR VIOLATION OF MOTOR VEHICLE WEIGHT, SPEED AND TIRE 3 REGULATIONS; AMENDING SECTION 49-1013, IDAHO CODE, TO PROVIDE THAT PENAL- 4 TIES FOR VIOLATIONS OF SECTION 49-1005, IDAHO CODE, ARE SUBJECT TO THE 5 SLIDING SCALE SCHEDULE OF PENALTIES AS PROVIDED FOR OTHER OVERWEIGHT 6 VIOLATIONS AND TO MAKE A TECHNICAL CORRECTION; AND DECLARING AN EMERGENCY. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 49-1013, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 49-1013. PENALTIES FOR VIOLATIONS. (1) It shall be unlawful and consti- 11 tute a misdemeanor for any person to violate any of the provisions of this 12 chapter, except that violations of law as specified in paragraphs (a), (b) and 13 (c) of subsection (3) of this section shall constitute an infraction. 14 (2) Persons convicted of violations of the provisions of sections 49-1003 15 and 49-10056 through 49-1012, Idaho Code, shall be 16 subject to punishment by a fine of not to exceed three hundred dollars ($300) 17 or by imprisonment in the county jail for not more than thirty (30) days or by 18 a combination of such fine and imprisonment. 19 (3) Persons convicted of violations of the provisions of sections 20 49-1001, 49-1002 ,and49-1004, and 49-1005, 21 Idaho Code, shall be subject to a penalty as prescribed herein: 22 (a) One (1) pound through one thousand (1,000) pounds overweight shall be 23 five dollars ($5.00) and shall constitute an infraction. 24 (b) One thousand one (1,001) pounds through two thousand (2,000) pounds 25 overweight shall be fifteen dollars ($15.00) and shall constitute an 26 infraction. 27 (c) Two thousand one (2,001) pounds through four thousand (4,000) pounds 28 overweight shall be twenty-five dollars ($25.00) and shall constitute an 29 infraction. 30 (d) Four thousand one (4,001) pounds through fifteen thousand (15,000) 31 pounds overweight shall be twenty-five dollars ($25.00) plus $.1341 per 32 pound for each additional pound over four thousand (4,000) pounds over- 33 weight. 34 (e) Fifteen thousand one (15,001) pounds through twenty thousand (20,000) 35 pounds overweight shall be one thousand five hundred dollars ($1,500) plus 36 twenty cents ($.20) per pound for each additional pound over fifteen thou- 37 sand (15,000) pounds overweight. 38 (f) Twenty thousand one (20,001) pounds and greater shall be two thousand 39 five hundred dollars ($2,500) plus thirty cents ($.30) per pound for each 40 additional pound over twenty thousand (20,000) pounds overweight. 41 (g) In addition to the penalties specified in this subsection, one hun- 42 dred fifty dollars ($150) for failure to deploy a variable load suspension 43 axle which results in adjacent axles exceeding allowable weight by two 2 1 thousand one (2,001) pounds or more. 2 (4) Persons convicted of or receiving an infraction judgment for violat- 3 ing two (2) or more of the provisions of sections49-1001, 4 49-1002 or 49-1004, Idaho Code, at any one (1) time shall be assessed the full 5 amount of the penalty for the primary violation. In addition to the assessment 6 of the penalty for the primary violation, the person convicted of or receiving 7 an infraction judgment shall be assessed a penalty of ten dollars ($10.00) for 8 each additional misdemeanor conviction or five dollars ($5.00) for each addi- 9 tional infraction judgment for violations of section 49-1001, 49-1002 or 10 49-1004, Idaho Code, committed at the same time. 11 (5) All moneys collected as a result of the penalties prescribed in sub- 12 sections (3) and (4) of this section, shall be deposited into the highway dis- 13 tribution account. 14 SECTION 2. An emergency existing therefor, which emergency is hereby 15 declared to exist, this act shall be in full force and effect on and after its 16 passage and approval.
STATEMENT OF PURPOSE
RS07314
This legislation will amend Section 49-1013, Idaho Code, to increase the fines for violating
the posted weight limits during the freeze/thaw cycle in spring. Specifically, it will provide a
sliding penalty scale with penalties more appropriate to the violation, that are similar to the
weight penalties established in paragraph three of the same section. Section 491005, Idaho
Code, authorizes the state to restrict the weights allowed on certain highways and bridges by
reason of climatic or other conditions. Section 49-1013(2), Idaho Code, limits the penalties to
$300 and/or 30 days imprisonment. This relatively small penalty is not commensurate with
the amount of damage done to the highways and bridges at the time they are most
vulnerable.
Highways and bridges are susceptible to permanent damage from trucks that operate
overweight. Highways are most susceptible to this type of damage during the freeze/thaw
cycles of the spring. After bridges have been inspected and found to have capacity
diminished due to age or damage, weight restrictions are established and posted.
FISCAL IMPACT
For the three-year period, 1994-1996, fifty-eight citations were issued for overweight
violations of posted spring breakup restrictions. The largest violation cited was for 14,400
pound overweight. The total fines assessed for all violations were $2,065. If the proposed
sliding scale penalties had been used for these violations, the total amount of fines assessed
would have been approximately $8,330, resulting in an additional $6,265 in penalties
assessed over the three-year period.
Actual Penalties based on 58 violations in 1994-1996:
$2,065 in fines or average of $35.60 per violation.
Proposed Penalties based on 58 violations in 1994-1996:
$8,330 in fines or average of $143.62 per violation.
CONTACT
Name: Clayton Sullivan
Agency: Idaho Transportation Department
Phone: 334-8405
Statement of Purpose/Fiscal impact
S 1351