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S1140.....................................................by TRANSPORTATION
MOTOR VEHICLES - Amends existing law relating to certain motor vehicles to
require the use of four tires on each axle, with certain exceptions
allowed; and to define "steering axle."
02/10 Senate intro - 1st rdg - to printing
02/11 Rpt prt - to Transp
03/10 Rpt out - rec d/p - to 2nd rdg
03/11 2nd rdg - to 3rd rdg
03/12 3rd rdg - FAILED - 7-23-5
AYES--Andreason, Boatright, Darrington, Ingram, McLaughlin, Riggs,
Stegner
NAYS--Bunderson, Burtenshaw, Cameron, Crow, Danielson, Davis, Deide,
Frasure, Geddes, Hawkins, Ipsen, Keough, King, Lee, Noh, Richardson,
Risch, Sandy, Schroeder, Sorensen, Stennett, Thorne, Whitworth
Absent and excused--Branch, Dunklin, Parry, Twiggs, Wheeler
Floor Sponsor - Boatright
Filed with Secretary of the Senate
S1140|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1140 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 AND 5 TO DELETE REDUNDANT PROVISIONS OF LAW. 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 29 both. 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 36 States. 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 2 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 35 Canada. 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 movement. 40 (256 ) "Stopping" means the act of any halting 41 even momentarily of a vehicle. 42 (267 ) "Street." (See "Highways", section 49-109, 43 Idaho Code) 44 (278 ) "Street rod" means any pre-1949 vehicle 45 which has had a significant drive train update from a more modern vehicle. 46 Changes may include engine, transmission, rear axle, and other suspension com- 47 ponents. The body will be, or resemble the same as the manufacturer's origi- 48 nal issue after its first sale after manufacture. 49 (289 ) "Studded tire." (See "Tires", section 50 49-121, Idaho Code) 51 (2930 ) "Substandard width lane" means a lane 52 that is too narrow for a bicycle and a motor vehicle to travel safely side by 53 side within the lane. 54 (301 ) "Supplemental lot" means a physically sep- 55 arate location owned and maintained by a licensed dealer or manufacturer 3 1 within the same or adjacent county as the principal place of business which 2 meets all the requirements for a principal place of business. 3 (312 ) "Suspension of driver's license" means the 4 temporary withdrawal by formal action of the department or as otherwise pro- 5 vided in this title of a person's driver's license or privilege to operate a 6 motor vehicle on the public highways, which temporary withdrawal shall be for 7 a period specifically designated by the department. 8 (323 ) "Suspension of vehicle registration" means 9 the temporary withdrawal by formal action of the department or as otherwise 10 provided in this title of a person's vehicle registration or, in the case of 11 fleets of vehicles, all vehicle registrations in each fleet operated by a com- 12 pany. Upon suspension, the privileges of operating the vehicle or vehicles on 13 Idaho highways is terminated until the difficulty that caused the suspension 14 is corrected and notification is provided that the suspension has been 15 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 FEWER THAN FOUR TIRES PER AXLE . (1) The 20 maximum allowable load for any vehicle tire operated on any public highway 21 shall not exceed six hundred (600) pounds per inch width of tire. The width of 22 a tire shall be determined by the manufacturer's description marked on the 23 sidewall of the tire. Tires on vehicles manufactured prior to July 1, 1987, 24 may exceed the six hundred (600) pounds per inch width of tire limit subject 25 to a maximum of eight hundred (800) pounds per inch width of tire. 26 (2)Except as provided herein, no vehicle or combination of vehi-27cles may proceed past the place of weighing at temporary or permanent ports of28entry or checking stations when the weight carried on a single tire, as deter-29mined by dividing the weight carried on an axle or group of axles by the num-30ber of wheels on the axle or group of axles, exceeds on a single axle the31allowable weight above by two thousand (2,000) pounds or more or the weight of32a combination of axles exceeds the allowable weight above by seven percent33(7%) or more. Vehicles or combinations of vehicles which exceed the weight34limitations set forth herein shall be required to be brought into compliance35with the applicable weight per inch width of tire contained within this sub-36section prior to continuing except those vehicles or combinations of vehicles37which are transporting loads which, in the determination of the board or other38proper authorities in charge of or having jurisdiction over a highway, are39deemed unsafe or impractical to bring into compliance at the place of weigh-40ing. Vehicles or combinations of vehicles transporting loads in this latter41category shall obtain a travel authorization to the nearest place of safe42unloading, load adjustment or other means of legalization.43(a) Neither the state of Idaho or its employees, nor any authority and44its employees in charge of or having jurisdiction over a highway, shall be45held liable for personal injury or property damage resulting from the46requirements of section 49-1001(8), Idaho Code.47(b) The fee for a travel authorization as set forth above shall be fifty48dollars ($50.00) and shall be on a form prescribed by the board or other49proper authorities.50(c) The board or other proper authorities in charge of or having juris-51diction over a highway shall adopt and enforce administrative rules and52regulations as may be necessary to carry out the provisions of this sec-53tion.4 1 All vehicles must be equipped with four (4) tires on each axle for 2 loads which exceed ten thousand (10,000) pounds gross weight on that axle, 3 except on: 4 (a) Axles and vehicles manufactured prior to July 1, 2000, which are 5 designed to operate with fewer than four (4) tires per axle; 6 (b) Tiller steering axles on fire trucks; 7 (c) Rear variable load suspension axles on concrete transit-mix trucks; 8 (d) Axles equipped with fewer than four (4) tires per axle provided the 9 individual tires do not exceed a gross load of five hundred (500) pounds 10 per inch width of tire; and 11 (e) Vehicles operating under permits for nonreducible overweight vehicles 12 and loads issued pursuant to section 49-1004, Idaho Code. 13 (3) The requirements of this section shall not apply to steering axles 14 nor to tires on steering axles.
STATEMENT OF PURPOSE
RS08373
This proposed legislation would amend Section 49-120 and 49-1002,Idaho Code, to make it illegal to operate a commercial vehicle
with less than the number of tires than an axle was designed for.
It would require those axles of greater than 10,000 lbs. to be
equipped with 4 tires per axle to take advantage of the 600
#/inch width of tire maximum allowable load for vehicles. Axles over
10,000 lbs with less than 4 tires/axle would be limited to
500#/inch width of tire. This proposal would reduce pavement
rutting and improve highway safety.
This proposed legislation also removes reference to allowed load per
inch of tire width on steering axles. This change is necessary to
bring Idaho Code into compliance with Title 23, Code of Federal
Regulations, Part 658 (section 658.17(f)).
FISCAL INPACT
This legislative proposal would have no fiscal impact on the
Idaho Transportation Department. Violators would be subject to
the overload penalty provisions of Section 49-1013(3).
CONTACT
Name: Clayton Sullivan
Agency: Department of Transportation
Phone: 334-8405
Statement of Purpose/Fiscal Impact S1140