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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
|||| 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 centpercent (.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 (1 01) "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 (1 12) "Amateur radio operator." (See "Radio operator, amateur," ,section 33 49-119, Idaho Code). 34 (1 23) "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 (1 34) "Applicant" means an individual who applies to obtain, transfer, 38 upgrade, or renew a driver's license. 39 (1 45) "Approved driver training course" means a training course from a 40 school licensed under the provisions of chapter 21 of this title. 41 (1 56) "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 (1 67) "Armed forces" means the army, navy, marine corps, coast guard and 50 the air force of the United States. 51 (1 78) "Authorized emergency vehicle." (See "Vehicle," ,section 49-123, 52 Idaho Code). 53 (1 89) "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 (2 01) "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 (1 01) "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 (1 12) "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 (1 23) "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 (1 34) "Motor number." (See "Identifying number," section 49-110, Idaho 17 Code) 18 (1 45) "Motor vehicle." (See "Vehicle," section 49-123, Idaho Code) 19 (1 56) "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 (1 67) "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 andUS-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) ofthis 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 annuallyat 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 the52 First Regular Session of the Fifty-fifth Idaho legislature which convenes in53 January of 1999.The pilot project program shall sunset in three years follow-15 1 ing implementation unless otherwise extended by the legislatureon 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.
|||| 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 " AshtonMud Lake" and insert: "Ashton", 6 also in line 53, delete " US-20," and insert: "US-20,"; in line 55, delete 7 "SH-34 andfrom" 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 (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