2000 Legislation
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SENATE BILL NO. 1487, As Amended, As Amended – MV, commercial, pilot project rtes

SENATE BILL NO. 1487, As Amended, As Amended

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S1487aa,aa................................................by TRANSPORTATION
MOTOR VEHICLES - COMMERCIAL - Amends existing law to allow motor vehicles
transporting weights in excess of law by issuance of permits for use on
pilot project routes for transporting agricultural or mineral products
only; to revise existing pilot project routes; to designate additional
pilot project routes; to require permits issued by local jurisdictions
shall be in writing and shall be filed with the Idaho Transportation
Department; to provide a penalty for operating in excess of allowable
weights without a permit,  for transporting loads in excess of the
permitted weight, or for operating on other than designated routes in
violation of a permit; and to extend the date for use of pilot project
routes to July 1, 2003.
                                                                        
02/21    Senate intro - 1st rdg - to printing
02/22    Rpt prt - to Transp
03/08    Rpt out - w/o rec - to 2nd rdg
03/09    2nd rdg - to 3rd rdg
03/15    To 14th Ord
03/17    Rpt out amen - to engros
03/20    Rpt engros - 1st rdg as amen - to 14th Ord
03/23    Rpt out amen - to engros
03/24    Rpt engros - 1st rdg - to 2nd rdg as amen
03/27    2nd rdg - to 3rd rdg as amen
    Rules susp - PASSED - 22-13-0
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Davis, Deide, Hawkins, Ingram, Ipsen,
      King-Barrutia, Lee, Riggs, Risch, Sandy, Sorensen, Wheeler, Williams
      NAYS--Dunklin, Frasure, Geddes, Keough, McLaughlin, Noh, Parry,
      Richardson, Schroeder, Stegner, Stennett, Thorne, Whitworth
      Absent and excused--None
    Floor Sponsor - Ingram
    Title apvd - to House
03/28    House intro - 1st rdg as amen - to Transp

Bill Text


 S1487
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                        SENATE BILL NO. 1487, As Amended, As Amended
                                                                        
                                BY TRANSPORTATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO MOTOR VEHICLE PERMITS FOR OVERWEIGHT OR OVERSIZE  LOADS;  AMENDING
  3        SECTION  49-102, IDAHO CODE, TO DEFINE "AGRICULTURAL PRODUCTS" AND TO MAKE
  4        TECHNICAL CORRECTIONS; AMENDING SECTION  49-114,  IDAHO  CODE,  TO  DEFINE
  5        "MINERAL  PRODUCTS";  AMENDING  SECTION 49-654, IDAHO CODE, TO DELETE LAN-
  6        GUAGE REFERRING TO THE GROSS WEIGHT OF VEHICLES WITH FIVE  OR  MORE  AXLES
  7        TRAVELING ON INTERSTATE HIGHWAYS; AMENDING SECTION 49-1001, IDAHO CODE, TO
  8        DELETE  AUTHORIZATION  FOR  CERTAIN WEIGHTS CARRIED ON SIX AND SEVEN AXLES
  9        WHICH DO NOT MEET THE EQUIVALENT SINGLE AXLE LOADING REQUIREMENT; AMENDING
 10        SECTION 49-1004, IDAHO CODE, TO LIMIT ISSUANCE OF PERMITS ON PILOT PROJECT
 11        ROUTES TO VEHICLES  TRANSPORTING  AGRICULTURAL  OR  MINERAL  PRODUCTS,  TO
 12        REVISE  EXISTING PILOT PROJECT ROUTES, TO DESIGNATE ADDITIONAL PILOT PROJ-
 13        ECT ROUTES, TO REQUIRE THAT PERMITS ISSUED BY LOCAL JURISDICTIONS SHALL BE
 14        IN WRITING AND SHALL BE FILED WITH THE DEPARTMENT, TO  PROVIDE  A  PENALTY
 15        FOR  OPERATING  IN  EXCESS OF PERMITTED WEIGHTS WITHOUT A PERMIT OR TRANS-
 16        PORTING LOADS IN EXCESS OF THE PERMITTED WEIGHTS, OR  OPERATING  ON  OTHER
 17        THAN  DESIGNATED  ROUTES  IN VIOLATION OF A PERMIT AND TO MAKE A TECHNICAL
 18        CORRECTION; AMENDING SECTION 4, CHAPTER 158, LAWS OF 1998, TO PROVIDE THAT
 19        A SINGLE REPORT SHALL BE SUBMITTED TO THE LEGISLATURE AT THE  END  OF  THE
 20        PILOT PROJECT PROGRAM IN 2003; AND PROVIDING AN EFFECTIVE DATE.
                                                                        
 21    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 22        SECTION  1.  That  Section  49-102, Idaho Code, be, and the same is hereby
 23    amended to read as follows:
                                                                        
 24        49-102.  DEFINITIONS -- A.
 25        (1)  "Abandon" means to leave a vehicle on private  property  without  the
 26    permission  of  the person having rights to the possession of the property, or
 27    on a highway or other property open to the public for the purposes of  vehicu-
 28    lar traffic or parking, or upon or within the right-of-way of any highway, for
 29    twenty-four (24) hours or longer.
 30        (2)  "Abandoned vehicle" means any vehicle observed by an authorized offi-
 31    cer  or reported by a member of the public to have been left within the limits
 32    of any highway or upon the property of another  without  the  consent  of  the
 33    property owner for a period of twenty-four (24) hours or longer, except that a
 34    vehicle  shall  not be considered abandoned if its owner-operator is unable to
 35    remove it from the place where it is located and has notified a  law  enforce-
 36    ment agency and requested assistance.
 37        (3)  "Accident"  means  any  event that results in an unintended injury or
 38    property damage attributable directly or indirectly to the motion of  a  motor
 39    vehicle or its load, a snowmobile or special mobile equipment.
 40        (4)  "Actual  physical  control" means being in the driver's position of a
 41    motor vehicle with the motor running or the vehicle moving.
 42        (5)  "Administrator" means the federal highway  administrator,  the  chief
 43    executive  of  the  federal  highway administration, an agency within the U.S.
                                                                        
                                           2
                                                                        
  1    department of transportation.
  2        (6)  "Age of a motor vehicle" means the age determined by subtracting  the
  3    manufacturer's year designation of the vehicle from the year in which the des-
  4    ignated  registration  fee is paid. If the vehicle has the same manufacturer's
  5    year designation as the year in which the fee is paid, or if a vehicle  has  a
  6    manufacturer's  year designation later than the year in which the fee is paid,
  7    the vehicle shall be deemed to be one (1) year old.
  8        (7)  "Agricultural products" means, for the purposes of  section  49-1004,
  9    Idaho  Code, all agricultural, horticultural, viticultural and vegetable prod-
 10    ucts of the soil; poultry and poultry products; apiary  products;  timber  and
 11    timber  products;  livestock; dairy products; field grains; dried beans; dried
 12    peas; hops; and seeds.
 13        (8)  "Air-conditioning  equipment"  means  mechanical  vapor   compression
 14    refrigeration  equipment  which is used to cool the driver's or passenger com-
 15    partment of any motor vehicle.
 16        (89)  "Alcohol or alcoholic beverage" means:
 17        (a)  Beer as defined in 26  U.S.C.  5052(a),  of  the  iInternal  rRevenue
 18        cCode;
 19        (b)  Wine  of  not  less  than one-half of one per cent percent (.005%) of
 20        alcohol by volume; or
 21        (c)  Distilled spirits as defined in section 5002(a)(8), of the  iInternal
 22        rRevenue cCode.
 23        (910) "Alley"  means  a public way of limited use intended only to provide
 24    access to the rear or side of lots or buildings in urban districts.
 25        (101) "All-terrain vehicle" or "ATV" means any recreation vehicle with two
 26    (2) or more tires, weighing under six hundred fifty (650)  pounds,  less  than
 27    forty-eight (48) inches in width, traveling on low pressure tires of less than
 28    five (5) psi, and designed to be ridden by one (1) person. Such vehicles shall
 29    be  registered  under the provisions of section 49-402, Idaho Code, for opera-
 30    tion on public highways, unless  exempted  under  the  provisions  of  section
 31    49-426, Idaho Code.
 32        (112) "Amateur  radio  operator." (See "Radio operator, amateur,", section
 33    49-119, Idaho Code).
 34        (123) "Ambulance" means a motor vehicle designed and  used  primarily  for
 35    the transportation of injured, sick, or deceased persons, on stretchers, cots,
 36    beds, or other devices for carrying persons in a prone position.
 37        (134) "Applicant"  means  an  individual  who applies to obtain, transfer,
 38    upgrade, or renew a driver's license.
 39        (145) "Approved driver training course" means a  training  course  from  a
 40    school licensed under the provisions of chapter 21 of this title.
 41        (156) "Approved  testing  agency" means a person, firm, association, part-
 42    nership or corporation approved by the  director  of  the  department  of  law
 43    enforcement which is:
 44        (a)  In the business of testing equipment and systems;
 45        (b)  Recognized  by  the  director  as  being qualified and equipped to do
 46        experimental testing; and
 47        (c)  Not under the jurisdiction or control of any single  manufacturer  or
 48        supplier for an affected industry.
 49        (167) "Armed  forces"  means the army, navy, marine corps, coast guard and
 50    the air force of the United States.
 51        (178) "Authorized emergency vehicle."  (See  "Vehicle,",  section  49-123,
 52    Idaho Code).
 53        (189) "Authorized  officer"  means  any  member  of the Idaho state police
 54    division of the department of law enforcement, or any regularly  employed  and
 55    salaried  deputy  sheriff,  or other county employee designated to perform the
                                                                        
                                           3
                                                                        
  1    function of removing abandoned vehicles or  junk  vehicles  by  the  board  of
  2    county commissioners of the county in which a vehicle is located, or any regu-
  3    larly  employed  and salaried city peace officer or other city employee desig-
  4    nated to perform the function of removing abandoned vehicles or junk  vehicles
  5    by  the  city  council,  or  a  qualified person deputized or appointed by the
  6    proper authority as reserve  deputy  sheriff  or  city  policeman,  authorized
  7    within  the  jurisdiction  in  which  the abandoned vehicle or junk vehicle is
  8    located.
  9        (1920) "Authorized transportation department employee" means any  employee
 10    appointed  by  the  board to perform duties relating to enforcement of vehicle
 11    laws as have been specifically defined and approved  by  order  of  the  board
 12    (sSee section 40-510, Idaho Code).
 13        (201) "Auto  transporter"  means a vehicle combination constructed for the
 14    purpose of transporting vehicles.
                                                                        
 15        SECTION 2.  That Section 49-114, Idaho Code, be, and the  same  is  hereby
 16    amended to read as follows:
                                                                        
 17        49-114.  DEFINITIONS -- M.
 18        (1)  "Major component part" means a rear clip, cowl, frame or inner struc-
 19    ture  forward  of  the cowl, body, cab, front end assembly, front clip or such
 20    other part which is critical to the safety of the vehicle.
 21        (2)  "Manifest" means a form used for identifying the  quantity,  composi-
 22    tion,  origin,  routing, waste or material identification code and destination
 23    of hazardous material or hazardous waste  during  any  transportation  within,
 24    through, or to any destination in this state.
 25        (3)  "Manufactured home." (See section 39-4105, Idaho Code)
 26        (4)  "Manufacturer"  means  every  person  engaged in the business of con-
 27    structing or assembling vehicles of a type required to  be  registered  at  an
 28    established  place  of  business in this state. The term, for purposes of sec-
 29    tions 49-1613 through 49-1615, 49-1617, 49-1622 and 49-1623, Idaho Code, shall
 30    include a distributor and other factory representatives.
 31        (5)  "Manufacturer's year designation" means the model year designated  by
 32    the  vehicle  manufacturer, and not the year in which the vehicle is, in fact,
 33    manufactured.
 34        (6)  "Maximum gross weight" means the scale weight of a vehicle,  equipped
 35    for  operation,  to  which  shall  be  added the maximum load to be carried as
 36    declared by the owner in making application for registration. When  a  vehicle
 37    against  which a registration or use fee is assessed is a combination of vehi-
 38    cles, the term "maximum gross weight" means the combined maximum gross weights
 39    of all vehicles in the combination.
 40        (7)  "Metal tire." (See "Tires," section 49-121, Idaho Code)
 41        (8)  "Mineral products" means, for the purposes of section 49-1004,  Idaho
 42    Code, ores; ore concentrates; concrete; purified phosphoric acid; and sand and
 43    gravel aggregates in bulk.
 44        (9)  "Moped" means a limited-speed motor-driven cycle which is not capable
 45    of  propelling  the vehicle at a speed in excess of thirty (30) miles per hour
 46    on level ground, whether two (2) or three (3) wheels are in contact  with  the
 47    ground  during  operation.  If an internal combustion engine is used, the dis-
 48    placement shall not exceed fifty (50) cubic centimeters and  the  moped  shall
 49    have  a  power  drive  system that functions directly or automatically without
 50    clutching or shifting by the operator after the drive system is engaged.
 51        (910) "Motorcycle" means every motor vehicle having a seat or  saddle  for
 52    the  use of the rider and designed to travel on not more than three (3) wheels
 53    in contact with the ground, but excluding a tractor and moped.
                                                                        
                                           4
                                                                        
  1        (101) "Motor carrier" means an  individual,  partnership,  corporation  or
  2    other  legal  entity engaged in the transportation by motor vehicle of persons
  3    or property in the furtherance of a business or for hire.
  4        (112) "Motor home" means a vehicular unit designed  to  provide  temporary
  5    living  quarters,  built  into  an  integral part or permanently attached to a
  6    self-propelled motor vehicle chassis. The  vehicle  must  contain  permanently
  7    installed  independent  life  support systems which meet the American National
  8    Standards Institute (ANSI) A119.7 Standard for Recreational Vehicles, and pro-
  9    vide at least four (4) of the following facilities: cooking, refrigeration  or
 10    ice  box,  self-contained  toilet,  heating and/or air conditioning, a potable
 11    water supply system, including a faucet and sink, separate 110-125 volt  elec-
 12    trical  power supply and/or LP-gas supply.
 13        (123) "Motorized  wheelchair"  means  a  motor vehicle with a speed not in
 14    excess of eight (8) miles per hour, designed for and  used  by  a  handicapped
 15    person.
 16        (134) "Motor  number."  (See  "Identifying  number," section 49-110, Idaho
 17    Code)
 18        (145) "Motor vehicle." (See "Vehicle," section 49-123, Idaho Code)
 19        (156) "Motor vehicle liability policy" means an owner's or operator's pol-
 20    icy of liability insurance, certified as provided in  section  49-1210,  Idaho
 21    Code, as proof of financial responsibility, and issued by an insurance carrier
 22    duly  authorized  to transact business in this state, to or for the benefit of
 23    the person named therein as insured.
 24        (167) "Motor vehicle record" means any record that  pertains  to  a  motor
 25    vehicle registration, motor vehicle title or identification documents or other
 26    similar credentials issued by the department or other state or local agency.
                                                                        
 27        SECTION  3.  That  Section  49-654, Idaho Code, be, and the same is hereby
 28    amended to read as follows:
                                                                        
 29        49-654.  BASIC RULE AND MAXIMUM SPEED LIMITS. (1) No person shall drive  a
 30    vehicle at a speed greater than is reasonable and prudent under the conditions
 31    and  having  regard to the actual and potential hazards then existing. Consis-
 32    tent with the foregoing, every person shall drive at a  safe  and  appropriate
 33    speed  when  approaching and crossing an intersection or railroad grade cross-
 34    ing, when approaching and going around a curve, when approaching a  hillcrest,
 35    when  traveling  upon  any narrow or winding highway, and when special hazards
 36    exist with respect to pedestrians or other traffic or by reason of weather  or
 37    highway conditions.
 38        (2)  Where no special hazard or condition exists that requires lower speed
 39    for  compliance  with subsection (1) of this section the limits as hereinafter
 40    authorized shall be maximum lawful speeds, and no person shall drive a vehicle
 41    at a speed in excess of the maximum limits:
 42        (a)  Thirty-five (35) miles per hour or a  lesser  maximum  speed  adopted
 43        pursuant to section 49-207(2)(a), Idaho Code, in any residential, business
 44        or urban district;
 45        (b)  Thirty-five (35) miles per hour in any urban district;
 46        (c)  Seventy-five (75) miles per hour on interstate highways;
 47        (d)  Sixty-five (65) miles per hour on state highways;
 48        (e)  Fifty-five  (55)  miles  per hour in other locations unless otherwise
 49        posted up to a maximum of sixty-five (65) miles per hour.
 50        (3)  The maximum lawful speed  limit  on  interstate  highways  shall  not
 51    exceed  sixty-five  (65)  miles  per  hour  for vehicles with five (5) or more
 52    axles. operating at a gross weight of more than twenty-six  thousand  (26,000)
 53    pounds.
                                                                        
                                           5
                                                                        
  1        SECTION  4.  That  Section 49-1001, Idaho Code, be, and the same is hereby
  2    amended to read as follows:
                                                                        
  3        49-1001.  ALLOWABLE GROSS LOADS. The gross load imposed on the highway  by
  4    any  vehicle  or  combination of vehicles  shall not exceed the limits in this
  5    section. The maximum  single  axle  gross  weight  shall  be  twenty  thousand
  6    (20,000)  pounds,  the maximum single wheel gross weight shall be ten thousand
  7    (10,000) pounds and the maximum gross vehicle or combination weight  shall  be
  8    one hundred five thousand five hundred (105,500) pounds, provided that maximum
  9    gross  vehicle  or  combination weight on United States federal interstate and
 10    defense highways of this state  shall  not  exceed  eighty  thousand  (80,000)
 11    pounds,  except  as  permitted  under the provisions of section 49-1004, Idaho
 12    Code.
 13        (1)  The total gross weight imposed on the highway by any group of consec-
 14    utive axles shall be determined by the following formula:
 15                                W=500((LN/N-1)+12N+36)
 16        Where W is the maximum weight in pounds (to the nearest 500  pounds)  car-
 17    ried  on  any group of two (2) or more consecutive axles. L is the distance in
 18    feet between the extremes of any group of two (2) or more  consecutive  axles,
 19    and N is the number of axles under consideration.
 20        The formula is modified as illustrated in the following table:
                                                                        
                                           6
                                                                        
                                                                        
                                                                        
                                           7
                                                                        
                                                                        
                                                                        
                                           8
                                                                        
  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) through thirteen (13) axles will be
  8        subject to specified lesser allowable gross weights.
  9        (b)  Notwithstanding the figures shown in the  table  in  this  subsection
 10        (1),  two  (2)  consecutive sets of tandem axles may carry a gross load of
 11        thirty-four thousand (34,000) pounds each, providing the overall  distance
 12        between  the first and last axles of such consecutive sets of tandem axles
 13        is thirty-six (36) feet or more.
 14        (c)  Vehicles may operate with reducible loads at  gross  weights  greater
 15        than  one  hundred  five  thousand  five  hundred (105,500) pounds but not
 16        exceeding one hundred twenty-nine thousand (129,000) pounds  on  noninter-
 17        state highways in accordance with the provisions of section 49-1004, Idaho
 18        Code,  provided  such  vehicles  are in compliance with the weight formula
 19        specified in this subsection (1) of this section, have  paid  the  weight-
 20        distance  operating  fees calculated as specified in section 49-434, Idaho
 21        Code, and are in compliance with the length restrictions set forth in sec-
 22        tion 49-1010(7), Idaho Code.
 23        (2)  The weight limitations set forth in the table in  subsection  (1)  of
 24    this section shall not apply to any vehicle, or combination of vehicles when a
 25    greater  allowed  weight  in pounds would be permitted such vehicles under the
 26    table provided in this subsection, except that with regard  to  transportation
 27    on  the  United  States federal interstate and defense highways of this state,
 28    the following table of allowable weights shall apply only to vehicles  engaged
 29    in  the  transportation of logs, pulp wood, stull, rough lumber, poles or pil-
 30    ing; or to any such vehicle engaged in the  transportation  of  ores,  concen-
 31    trates,  sand and gravel and aggregates thereof, in bulk; or to any such vehi-
 32    cle engaged in the transportation of agricultural commodities, including live-
 33    stock:
 34    Distance in feet between                Allowed Load in Pounds
 35    the extremes of any group        Vehicles with           Vehicles with
 36    of 2 or more consecutive         Three or Four           Five or more
 37           axles                         axles                   axles
 38             3 through 12               37,800                  37,800
 39             13                         56,470                  56,470
 40             14                         57,940                  57,940
 41             15                         59,400                  59,400
 42             16                         60,610                  60,610
 43             17                         61,820                  61,820
 44             18                         63,140                  63,140
 45             19                         64,350                  64,350
 46             20                         65,450                  65,450
 47             21                         66,000                  66,330
 48             22                         66,000                  67,250
 49             23                         66,000                  67,880
 50             24                         66,000                  68,510
 51             25                         66,000                  69,150
 52             26                         66,000                  69,770
 53             27                         66,000                  70,400
 54             28                         66,000                  70,950
 55             29                         66,000                  71,500
                                                                        
                                           9
                                                                        
  1    Distance in feet between                Allowed Load in Pounds
  2    the extremes of any group        Vehicles with           Vehicles with
  3    of 2 or more consecutive         Three or Four           Five or more
  4           axles                         axles                   axles
  5             30                         66,000                  72,050
  6             31                                                 72,600
  7             32                                                 73,150
  8             33                                                 73,700
  9             34                                                 74,250
 10             35                                                 74,800
 11             36                                                 75,350
 12             37                                                 75,900
 13             38                                                 76,450
 14             39                                                 77,000
 15             40                                                 77,550
 16             41                                                 78,100
 17             42                                                 78,650
 18             43 and over                                        79,000
 19    The weight allowances provided in this subsection do not apply  if  the  total
 20    gross  weight  of  a  vehicle or combination of vehicles is intended to exceed
 21    seventy-nine thousand (79,000) pounds as declared by the  operator.  When  the
 22    provisions  of  this  subsection are applicable to a vehicle or combination of
 23    vehicles, it shall be a violation of the provisions of this subsection if that
 24    vehicle or combination of vehicles  exceeds  the  weights  specified  in  this
 25    table.
 26        (3)  In  determining  the gross weight of a vehicle or the gross weight of
 27    any two (2) or more consecutive axles under subsection (1) or (2)  or  (9)  of
 28    this section, the total gross weight of the vehicle or combination of vehicles
 29    or  the gross weight of any two (2) or more consecutive axles shall be the sum
 30    of the axle weights.
 31        For the purposes of this chapter the gross weight  of  a  vehicle  or  the
 32    gross  weight  of  any  two (2) or more consecutive axles may be determined by
 33    accumulatively adding the separate weights  of  individual  axles  and  tandem
 34    axles  or groups of axles to determine gross weight. The results of any weigh-
 35    ing at a temporary or permanent port of entry and the records relating to  the
 36    calibration  and  accuracy  of  any  scale at a temporary or permanent port of
 37    entry shall be admissible in any proceeding in this state. In order to prove a
 38    violation of the provisions of this section the state must show that:
 39        (a)  The sum of the axle weights exceeds what is allowable under the  pro-
 40        visions of subsection (1) or (2) or (9) of this section;
 41        (b)  The  scale involved in the weighing was at the time of weighing cali-
 42        brated in conformity with and met the accuracy requirements of  the  stan-
 43        dards  for the enforcement of traffic and highway laws as set forth in the
 44        latest edition of handbook 44 of the national institute of  standards  and
 45        technology;
 46        (c)  Weights  of  individual  axles  or  axles within a commonly suspended
 47        group of axles supported by a mechanical  system  designed  to  distribute
 48        equal  wheel  loads to individual axles in the group were utilized only to
 49        determine gross weights of that group of axles, and that any further eval-
 50        uation of gross weights of combinations of axles considered only the accu-
 51        mulated gross weight of each such commonly suspended group of axles.
 52        (4)  In applying the weight limitations imposed in this section, a vehicle
 53    or combination of vehicles must comply exclusively with the weight limitations
 54    in either subsection (1) or (2) or (9) of this section.
 55        (5)  In applying the weight limitations imposed in this section, the  dis-
                                                                        
                                           10
                                                                        
  1    tance  between  axles shall be measured to the nearest even foot. When a frac-
  2    tion is exactly one-half (1/2) foot the next  larger  whole  number  shall  be
  3    used.
  4        (6)  The  limitations  imposed in this section are in addition and supple-
  5    mental to all other laws imposing limitations upon  the  size  and  weight  of
  6    vehicles. Further, single axles within groups of axles are subject to the pro-
  7    visions  and  limitations of this chapter. Single axles within groups of axles
  8    may be weighed and evaluated separately, or single axles may  be  prequalified
  9    in  accordance with rules or ordinances established by the board or other pub-
 10    lic road jurisdiction, if any of the following conditions exist regarding  the
 11    single axle within a group of axles:
 12        (a)  A  suspension  system  common to all axles in the group of axles does
 13        not exist.
 14        (b)  One (1) or more axles in the group of axles is equipped with separate
 15        variable load suspension controls to regulate the weight carried by  indi-
 16        vidual axles.
 17        (c)  One  (1)  or  more axles in a group of axles is equipped with more or
 18        fewer tires than other axles in the group of axles.
 19        (d)  All tires in the group of axles are not the same size  as  determined
 20        by the manufacturer's sidewall rating.
 21        (7)  Notwithstanding  the  other  provisions  of this chapter, no vehicle,
 22    motor vehicle, trailer and/or semitrailer,  or  combination  thereof,  may  be
 23    operated on the public highways of the state under loads which would result in
 24    the  withholding  of funds by operation of controlling federal law as provided
 25    in the Ffederal Aaid Hhighway Aact of 1956, as amended.
 26        (8)  Except as provided herein, no vehicle or combination of vehicles  may
 27    proceed past the place of weighing at temporary or permanent ports of entry or
 28    checking  stations when: the weight of a single axle exceeds the maximum limi-
 29    tations set forth herein by two thousand (2,000) pounds or more; the weight of
 30    a combination of axles, or gross vehicle weight exceeds the maximum  allowable
 31    weight as set forth herein by seven percent (7%) or more. Vehicles or combina-
 32    tions  of  vehicles which exceed the weight limitations set forth herein shall
 33    be required to be brought into compliance with applicable  weight  limitations
 34    contained within this subsection at the place of weighing prior to continuing,
 35    except those vehicles or combinations of vehicles which are transporting loads
 36    which, in the determination of the board or other proper authorities in charge
 37    of  or having jurisdiction over a highway, are deemed unsafe or impractical to
 38    bring into compliance at the place of  weighing,  and  except  those  vehicles
 39    which  do  not  exceed  fifteen percent (15%) over maximum axle and axle group
 40    weights set forth in this section. Vehicles or combinations of vehicles trans-
 41    porting loads in this latter category shall obtain a travel  authorization  to
 42    the  nearest  place  of  safe  unloading,  load  adjustment  or other means of
 43    legalization.
 44        (a)  Neither the state of Idaho or its employees, nor  any  authority  and
 45        its employees in charge of or having jurisdiction over a highway, shall be
 46        held  liable  for  personal  injury  or property damage resulting from the
 47        requirements of section 49-1001(8), Idaho Code.
 48        (b)  The fee for a travel authorization as set forth above shall be  fifty
 49        dollars  ($50.00)  and shall be on a form prescribed by the board or other
 50        proper authorities, and shall not be construed as contributing to a reduc-
 51        tion in the penalties prescribed in section 49-1013, Idaho Code.
 52        (c)  The board or other proper authorities in charge of or  having  juris-
 53        diction over a highway shall adopt and enforce administrative rules as may
 54        be necessary to carry out the provisions of this section.
 55        (9)  For  vehicles on all highways except the United States federal inter-
                                                                        
                                           11
                                                                        
  1    state and defense highways of this state, the following table shall apply:
  2    Distance in feet between                Allowed Load in Pounds
  3    the extremes of any group        Vehicles with           Vehicles with
  4    of 2 or more consecutive         Three or Four           Five or more
  5           axles                         axles                   axles
  6             3 through 12               37,800                  37,800
  7             13                         56,470                  56,470
  8             14                         57,940                  57,940
  9             15                         59,400                  59,400
 10             16                         60,610                  60,610
 11             17                         61,820                  61,820
 12             18                         63,140                  63,140
 13             19                         64,350                  64,350
 14             20                         65,450                  65,450
 15             21                         66,000                  66,330
 16             22                         66,000                  67,250
 17             23                         66,000                  67,880
 18             24                         66,000                  68,510
 19             25                         66,000                  69,150
 20             26                         66,000                  69,770
 21             27                         66,000                  70,400
 22             28                         66,000                  70,950
 23             29                         66,000                  71,500
 24             30                         66,000                  72,050
 25             31                                                 72,600
 26             32                                                 73,150
 27             33                                                 73,700
 28             34                                                 74,250
 29             35                                                 74,800
 30             36                                                 75,350
 31             37                                                 75,900
 32             38                                                 76,450
 33             39                                                 77,000
 34             40                                                 77,550
 35             41                                                 78,100
 36             42                                                 78,650
 37             43 and over                                        80,000
 38    The weight allowances provided in this subsection do not apply  if  the  total
 39    gross  weight  of  a  vehicle or combination of vehicles is intended to exceed
 40    eighty thousand (80,000) pounds as declared by the operator. When  the  provi-
 41    sions  of  this subsection are applicable to a vehicle or combination of vehi-
 42    cles, it shall be a violation of the provisions of  this  subsection  if  that
 43    vehicle  or  combination  of  vehicles  exceeds  the weights specified in this
 44    table.
 45        (10) When owned by or under contract to or  under  authority  of  a  city,
 46    county,  or  state agency, refuse/sanitation trucks transporting refuse may be
 47    operated on public highways in accordance with the weights allowed in  subsec-
 48    tion  (9)  of  this section, except that such trucks equipped with single rear
 49    axles are allowed twenty-four thousand (24,000) pounds  on  that  single  rear
 50    axle  when  specifically authorized by the public highway agency governing the
 51    highways over which the refuse/sanitation truck is operating and provided  the
 52    following conditions are met:
 53        (a)  The weight allowances provided for in this subsection shall not apply
 54        to the United States federal interstate and defense highways of the state;
 55        and
                                                                        
                                           12
                                                                        
  1        (b)  The  owner or operator has paid an annual operating fee for a permit,
  2        not to exceed fifty dollars ($50.00) per refuse/sanitation truck  to  each
  3        public   agency   governing   the   public   highways   over   which   the
  4        refuse/sanitation  truck  operates.  The  permit  shall  be carried in the
  5        refuse/sanitation truck. The permit fee may be waived by a  public  agency
  6        for  refuse/sanitation  trucks  operated  over  public highways under that
  7        agency's jurisdiction.
  8        (11) Variable load suspension axles shall meet the following  criteria  in
  9    order to be included in the computation of gross vehicle or axle weight limits
 10    for vehicles under the provisions of this section:
 11        (a)  The deployment control switch for such axles may be located inside of
 12        the  driver's  compartment but the pressure regulator valve for the opera-
 13        tion of pressure on the pavement shall be located outside of and  inacces-
 14        sible to the driver's compartment.
 15        (b)  The  manufacturer's  gross  axle weight rating of each such axle must
 16        not be less than the actual loading of the axle.
 17        (c)  All variable load suspension axles mounted on a vehicle after January
 18        1, 1990, shall be designed to be self-steering in a manner that will guide
 19        or direct the variable load suspension mounted wheels  through  a  turning
 20        movement without undue tire scrubbing or pavement scuffing.
 21        (d)  The  manufacturer's gross tire weight rating of each tire must not be
 22        less than the actual loading of the tire.
 23        (e)  Variable load suspension  axles  must  be  fully  deployed  or  fully
 24        raised.  For applicable definitions, see sections 49-117 and 49-123, Idaho
 25        Code.
 26        (12) Any person who operates a motor vehicle with a variable load  suspen-
 27    sion  axle  in violation of the provisions of this section shall be subject to
 28    the penalties provided in section 49-1013, Idaho Code.
                                                                        
 29        SECTION 5.  That Section 49-1004, Idaho Code, be, and the same  is  hereby
 30    amended to read as follows:
                                                                        
 31        49-1004.  PERMITS  FOR  OVERWEIGHT OR OVERSIZE LOADS. (1) Upon application
 32    in writing to the board or other proper authorities in charge  of,  or  having
 33    jurisdiction  over a highway, the board or authorities may in their discretion
 34    issue a special permit to the owner or operator of any vehicle allowing  vehi-
 35    cles  or  loads  having  a  greater weight or size than permitted by law to be
 36    moved or carried over and on the highways and bridges.
 37        (a)  Special permits shall be in writing and may limit the time of use and
 38        operation over the particular highways and bridges which may be  traversed
 39        and  may  contain  any  special  conditions and require any undertaking or
 40        other security as the board or other proper authority  shall  deem  to  be
 41        necessary  to  protect  the  highways  and bridges from injury, or provide
 42        indemnity for any injury to highways and bridges or to persons or property
 43        resulting from such operation.
 44        (b)  The owner or operator of an  overweight  or  oversize  vehicle  shall
 45        obtain  a  permit,  or  shall  establish  intent  to  obtain  a  permit by
 46        contacting a permit office and receiving a permit number before moving the
 47        vehicle on the highways.
 48        (c)  All special permits or evidence of intent to obtain a permit,   shall
 49        be  carried  in  the vehicles to which they refer and shall upon demand be
 50        delivered for inspection to any peace officer,  authorized  agent  of  the
 51        board  or  any  officer or employee charged with the care or protection of
 52        the highways.
 53        (2)  Nonreducible   vehicles   or   combinations   of   vehicles   hauling
                                                                        
                                           13
                                                                        
  1    nonreducible  loads at weights  in  excess  of  those  set  forth  in  section
  2    49-1001,  Idaho Code, shall pay fees as set forth in this subsection (2). Such
  3    fees are based on the number of axles on the vehicle  or combination of  vehi-
  4    cles and the total gross weight.
  5                              Column 1                      Column 2
  6    Number of axles    Gross weight of vehicle       Gross weight of vehicle
  7                         and load in pounds            and load in pounds
  8           2                    40,001                          -
  9           3                    54,001                          -
 10           4                    68,001                          -
 11           5                    80,001                       131,001
 12           6                    97,001                       148,001
 13           7                   114,001                       165,001
 14        (a)  To  determine the maximum allowable permit fee for vehicles with more
 15        than seven (7) axles, the table can be extended by adding seventeen  thou-
 16        sand (17,000) pounds to the last listed weight in both columns 1 and 2 for
 17        each added axle.
 18        (b)  Permit  fees for column 1 shall start at four cents (4) per mile and
 19        increase four cents (4) per mile for each additional two thousand (2,000)
 20        pound increment up to the weight indicated in column 2.  Permit  fees  for
 21        column  2  shall  start  at  one dollar and two cents ($1.02) per mile and
 22        increase seven cents (7)  per  mile  for  each  additional  two  thousand
 23        (2,000) pound increment.
 24        (c)  Vehicles operating at weights less than the starting weights per axle
 25        configuration  listed  in column 1 shall be charged fees as stated in sec-
 26        tion 49-434(9), Idaho Code.
 27        (d)  For vehicles operating with axles wider than eight (8) feet  six  (6)
 28        inches  or  axles  with  more than four (4) tires per axle, the fee may be
 29        reduced by the board or other proper authority having jurisdiction over  a
 30        highway.
 31        (e)  From  July  1,  1998, through June 30, 1999, the fee charged per mile
 32        pursuant to this subsection shall be assessed at one-half (1/2) the calcu-
 33        lated fee. On and after July 1, 1999, the fee charged per  mile  shall  be
 34        calculated and assessed in accordance with this subsection.
 35        (3)  It shall be unlawful for any person to violate, or to cause or permit
 36    to  be  violated,  the  limitations  or conditions of special permits and  any
 37    violation shall be deemed for all purposes to be a violation of the provisions
 38    of this chapter.
 39        (24)  A special pilot project route permit  authorizing  travel  on  pilot
 40    project routes may be issued by the board or a local public highway agency for
 41    operation  of  vehicles with a legal maximum gross weight of at least one hun-
 42    dred five thousand five hundred one (105,501) pounds  but  not  exceeding  one
 43    hundred  twenty-nine thousand (129,000) pounds. Issuance of such permits shall
 44    be limited to vehicles transporting agricultural products as defined  in  sec-
 45    tion  49-102,  Idaho  Code,  or mineral products as defined in section 49-114,
 46    Idaho Code. Such pilot project routes on nonstate and  noninterstate  highways
 47    shall  be  determined  by  the  local highway agency for those roads under its
 48    jurisdiction, based on criteria established by  the  board.  No  local  public
 49    highway  agency shall approve a pilot project route which provides a thorough-
 50    fare for interstate carriers to pass through the state.  State  pilot  project
 51    routes  designated by the board based on criteria established by the board and
 52    identified on a map entitled "Designated Pilot Project Routes" are:
 53        (a)  Ashton to Kimberly to Twin Falls to Nevada using US-20, US-30, SH-33,
 54        US-93, SH-25, SH-50 and SH-74.
 55        (b)  Interstate 15 to Wyoming or Utah border using US-30, SH-34 and  US-91
                                                                        
                                           14
                                                                        
  1        from its junction with SH-34 to the Utah border.
  2        (c)  US-30 from its junction with I-15 to the Wyoming border.
  3        (d)  US-95 from Fruitland to junction with SH-55.
  4        (e)  SH-19 between Wilder and Caldwell.
  5        (f)  SH-78 between Marsing and Hammett.
  6        (g)  SH-67 from Mountain Home to junction with SH-78 at Grandview.
  7        (h)  SH-55 from intersection with Farmway Road to junction with US-95.
  8        (i)  SH-25 from the intersection of SH-24 to Paul.
  9        (j)  SH-25 from intersection with US-93 to Hazelton.
 10        (k)  SH-24 from intersection with US-93 to intersection with SH-25.
 11        (l)  US-20  from  Idaho  Falls  at  Skyline  Drive  to  its  junction with
 12        SH-22/33. On and after September 1, 2001, this route shall be  US-20  from
 13        its intersection with New Sweden Road to its junction with SH-22/33.
 14        (m)  SH-34 from milepost 78 to the junction with US-91.
 15        (n)  US-26  from  the intersection with Interstate 15 to the junction with
 16        US-91; and US-91 from the intersection with Canyon Road  to  the  junction
 17        with US-26.
 18        (o)  SH-22 at Dubois to its junction with SH-33.
 19    Additions or deletions to the approved state pilot project routes specified in
 20    paragraphs  (a)  and  (b)  of this subsection (24) shall be made only with the
 21    approval of the state legislature.
 22        (35)  An annual administrative permit fee for operating on  pilot  project
 23    routes  at  the  weights specified in subsection (24) of this section shall be
 24    set by the board for travel on state pilot project routes  and  by  the  local
 25    public  highway agency for travel on routes under its jurisdiction, but not to
 26    exceed a maximum of fifty dollars ($50.00)  per  vehicle.  The  annual  permit
 27    shall cover administrative costs. Local public highway agencies are authorized
 28    to  request  the  department to issue permits on their behalf. Permit fees for
 29    permits issued by the department shall be retained by the department to  cover
 30    administrative costs. Permits issued by a local jurisdiction shall be in writ-
 31    ing and shall be filed with the department. In addition to the annual adminis-
 32    trative  permit  fee and the weight-distance fee for weights up to one hundred
 33    five thousand five hundred (105,500) pounds, the  appropriate  weight-distance
 34    fee  for  weights over one hundred five thousand five hundred (105,500) pounds
 35    shall be calculated and collected in accordance with  the  fee  schedules  set
 36    forth in section 49-434, Idaho Code.
 37        (6)  It  shall  be a misdemeanor offense punishable by a fine of five hun-
 38    dred dollars ($500) to:
 39        (a)  Operate a vehicle in excess of allowable  weights  without  a  permit
 40        issued pursuant to subsection (5) of this section; or
 41        (b)  Transport loads in excess of the permitted weight specified in a per-
 42        mit issued pursuant to subsection (5) of this section; or
 43        (c)  Operate  a  permitted  vehicle  on  other  than a designated route in
 44        violation of a permit issued pursuant to subsection (5) of this section.
                                                                        
 45        SECTION 6.  That Section 4, Chapter 158, Laws of 1998, be, and the same is
 46    hereby amended to read as follows:
                                                                        
 47        SECTION 4.  It is the intent of the legislature that the Idaho Transporta-
 48    tion Department shall report annually at the end of the pilot project  program
 49    to  the  legislature  on the results of their monitoring and evaluation of all
 50    important impacts, including impacts to safety, bridges and  pavement  on  all
 51    the  state  pilot  project  routes. The first report shall be submitted to the
 52    First Regular Session of the Fifty-fifth Idaho legislature which  convenes  in
 53    January of 1999. The pilot project program shall sunset in three years follow-
                                                                        
                                           15
                                                                        
  1    ing  implementation  unless otherwise extended by the legislature on and after
  2    July 1, 2003.
                                                                        
  3        SECTION 7.  This act shall be in full force and effect on and  after  July
  4    1, 2000.

Amendment


 AS1487
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                                     Moved by    Lee                 
                                                                        
                                                     Seconded by Burtenshaw          
                                                                        
                                                                        
                                       IN THE SENATE
                             SENATE AMENDMENTS TO S.B. NO. 1487
                                                                        
  1                                AMENDMENT TO SECTION 2
  2        On page 3 of the printed  bill,  in  line  42,  following  "concentrates;"
  3    insert: "concrete; purified phosphoric acid;".
                                                                        
  4                               AMENDMENTS TO SECTION 5
  5        On  page  13,  in  line 53, delete "Ashton Mud Lake" and insert: "Ashton",
  6    also in line 53, delete "US-20," and insert:  "US-20,";  in  line  55,  delete
  7    "SH-34 and from" and insert: "SH-34 and".
  8        On page 14, delete lines 1 and 2 and insert: "US-91 from its junction with
  9    Interstate  15 to the Utah border."; in line 12,  delete "to intersection with
 10    US-26" and insert: "at Skyline Drive to its junction with SH-22/33";  in  line
 11    13,  delete  "Soda  Springs  north  to",  and  also in line 13, following "78"
 12    insert: "to the junction with US-91"; and following line 13, insert:
 13        "(n)  US-26 from the intersection with New Sweden  Road  to  the  junction
 14        with  US-91;  US-26  from the junction with US-91 to the intersection with
 15        Sunnyside Road;  and US-91 from the intersection with Canyon Road  to  the
 16        junction with US-26.
 17        (o)  SH-22 at Dubois to its junction with SH-33.".
                                                     Moved by    Ingram              
                                                                        
                                                     Seconded by Frasure             
                                                                        
                                                                        
                                       IN THE SENATE
                       SENATE AMENDMENT TO S.B. NO. 1487, As Amended
                                                                        
                                                                        
                                                                        
 18                               AMENDMENTS TO SECTION 5
 19        On  page  14  of the engrossed bill, in line 1, delete "Interstate 15" and
 20    insert: "SH-34"; in line 12, following "SH-22/33." insert: "On and after  Sep-
 21    tember  1,  2001,  this  route  shall  be US-20 from its intersection with New
 22    Sweden Road to its junction with SH-22/33."; in line 14,  delete  "New  Sweden
 23    Road"  and  insert:  "Interstate  15";  and in line 15, delete "US-26 from the
 24    junction with  US-91  to  the  intersection  with"  and  in  line  16,  delete
 25    "Sunnyside Road;".

Statement of Purpose / Fiscal Impact


                 STATEMENT OF PURPOSE
                      (RS 10090) 
     
          This legislation amends legislation enacted in 1998 creating non-Interstate highway
     "pilot project" routes to test the impact on selected state highways and bridges of heavier trucks
     configured with additional axles. After an 18-month trial period, the two pilot project routes
     authorized by the 1998 legislation have resulted in minimal use and limited analysis data.
     Seventeen permits were issued under the program, in large measure due to the very limited
     number of routes authorized by the 1998 legislation. In the report by the Idaho Transportation
     Department to the Legislature as required by the 1998 legislation on their monitoring and
     evaluation of all important impacts, including impacts to safety, bridges and pavements on the
     pilot project routes, the Department's contractor, the University of Idaho, stated that limited data
     gathered from the program to date makes it impossible to reach a conclusive analysis of the
     impacts of the heavier trucks. 
          This legislation amends the pilot project program in seven ways: (1) it limits the pilot
     project program to trucks transporting agricultural and mineral products; (2) it clarifies that the
     speed limit on interstate highways shall not exceed 65 miles per hour for all vehicles operating
     with five or more axles; (3) it clarifies an ambiguity in the program by requiring that only trucks
     adding additional axles may operate above 105,000 and up to 129,000 allowable gross weight; (4)
     it adds a number of additional pilot project routes based upon the demonstrated ability of several
     Idaho based agricultural and mineral companies to actually use the selected routes, thus assuring
     substantial data for analysis and evaluation, as well as providing substantial transportation cost
     savings to Idaho agricultural and mining industries; (5) it requires that permits issued by local
     highway jurisdictions shall be in writing and be filed with the Idaho Transportation Department;
     (6) it makes it a misdemeanor, punishable by a $500 fine, to operate vehicles in excess of the
     allowable weights or not on the routes permitted under the act; and (7) it extends the current
     three-year test study period by two additional years to obtain needed data. 
                    FISCAL IMPACT 
     
     This legislation has no fiscal impact on Idaho state or local governments. The costs of the
     monitoring and evaluation program required by the 1998 legislation was paid from federal funds
     made available to the Idaho Department of Transportation. The Department anticipates that
     federal funds will be again available to pay the costs of monitoring and evaluation for the
     extended program. 
     
               CONTACT:  Senator Cecil Ingrain
               (375-8876) 
               Roy Lewis Eiguren
               (388-1313) 
     
     STATEMENT OF PURPOSE/FISCAL NOTE                                            S 1487