1999 Legislation
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SENATE BILL NO. 1140 – MV, certain, 4 tires per axle reqd


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Daily Data Tracking History

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,
      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

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999

                                      IN THE SENATE

                                   SENATE BILL NO. 1140

                               BY TRANSPORTATION COMMITTEE

 1                                        AN ACT

 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


 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        (2 5  6 ) "Stopping" means the act  of  any  halting
41    even momentarily of a vehicle.
42        (2 6  7 ) "Street." (See "Highways", section 49-109,
43    Idaho Code)
44        (2  7    8 ) "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        (2 8  9  ) "Studded  tire."  (See  "Tires",  section
50    49-121, Idaho Code)
51        (  29    30  ) "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        (3 0  1 ) "Supplemental lot" means a physically sep-
55    arate  location  owned  and  maintained  by  a licensed dealer or manufacturer


 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        (3 1  2 ) "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        (3 2  3 ) "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:

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-
27    cles may proceed past the place of weighing at temporary or permanent ports of
28    entry or checking stations when the weight carried on a single tire, as deter-
29    mined  by dividing the weight carried on an axle or group of axles by the num-
30    ber of wheels on the axle or group of axles, exceeds  on  a  single  axle  the
31    allowable weight above by two thousand (2,000) pounds or more or the weight of
32    a  combination  of  axles  exceeds the allowable weight above by seven percent
33    (7%) or more. Vehicles or combinations of vehicles  which  exceed  the  weight
34    limitations  set  forth herein shall be required to be brought into compliance
35    with the applicable weight per inch width of tire contained within  this  sub-
36    section  prior to continuing except those vehicles or combinations of vehicles
37    which are transporting loads which, in the determination of the board or other
38    proper authorities in charge of or having jurisdiction  over  a  highway,  are
39    deemed  unsafe  or impractical to bring into compliance at the place of weigh-
40    ing. Vehicles or combinations of vehicles transporting loads  in  this  latter
41    category  shall  obtain  a  travel  authorization to the nearest place of safe
42    unloading, load adjustment or other means of legalization.
43        (a)  Neither the state of Idaho or its employees, nor  any  authority  and
44        its employees in charge of or having jurisdiction over a highway, shall be
45        held  liable  for  personal  injury  or property damage resulting from the
46        requirements of section 49-1001(8), Idaho Code.
47        (b)  The fee for a travel authorization as set forth above shall be  fifty
48        dollars  ($50.00)  and shall be on a form prescribed by the board or other
49        proper authorities.
50        (c)  The board or other proper authorities in charge of or  having  juris-
51        diction  over  a  highway shall adopt and enforce administrative rules and
52        regulations as may be necessary to carry out the provisions of  this  sec-
53        tion. 


 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 / Fiscal Impact

                          STATEMENT OF PURPOSE


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).

Name:   Clayton Sullivan
Agency: Department of Transportation
Phone:  334-8405

Statement of Purpose/Fiscal Impact         S1140