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S1438.....................................................by TRANSPORTATION
MULTISTATE HIGHWAY TRANSPORTATION AGREEMENT - Amends existing law relating
to the Multistate Highway Transportation Agreement to provide changes to
the agreement, including: revising the findings and purposes; defining
"cooperative committee"; clarifying representation on the cooperating
committee, providing additional powers of the committee and revising
existing powers of the committee; revising objections of the participating
jurisdictions; providing a new Article IX on funding; and providing a new
Article X on the selection of designated representatives.
02/11 Senate intro - 1st rdg - to printing
02/12 Rpt prt - to Transp
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1438
BY TRANSPORTATION COMMITTEE
1 AN ACT
2 RELATING TO THE MULTISTATE HIGHWAY TRANSPORTATION AGREEMENT; AMENDING SECTION
3 49-1901, IDAHO CODE, TO PROVIDE CHANGES TO THE AGREEMENT INCLUDING REVIS-
4 ING THE FINDINGS AND PURPOSES, DEFINING "COOPERATING COMMITTEE" AND REVIS-
5 ING THE DEFINITION OF "DESIGNATED REPRESENTATIVE," CLARIFYING REPRESENTA-
6 TION ON THE COOPERATING COMMITTEE, PROVIDING ADDITIONAL POWERS OF THE COM-
7 MITTEE AND REVISING EXISTING POWERS OF THE COMMITTEE, REVISING OBJECTIVES
8 OF THE PARTICIPATING JURISDICTIONS, PROVIDING A NEW ARTICLE IX RELATING TO
9 FUNDING AND PROVIDING A NEW ARTICLE X RELATING TO SELECTION OF DESIGNATED
10 REPRESENTATIVES.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 49-1901, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 49-1901. ENACTMENT OF MULTISTATE AGREEMENT. The Multistate Highway Trans-
15 portation Agreement is hereby enacted into law and entered into with all other
16 jurisdictions legally joining therein as follows:
17 MULTISTATE HIGHWAY TRANSPORTATION AGREEMENT
18 Pursuant to and in conformity with the laws of their respective jurisdic-
19 tions, the participating jurisdictions, acting by and through their officials
20 lawfully authorized to execute this agreement, do mutually agree as follows:
21 ARTICLE I
22 Findings and Purposes
23 SECTION 1. Findings. The participating jurisdictions find that:
24 (a) The expanding regional economy depends on expanding transportation
25 capacity;
26 (b) Highway transportation is the major mode for movement of people and
27 goods in the western states;
28 (c) Uniform application in the west of more adequate vehicle size and
29 weight standards will result in a reduction of pollution, congestion, fuel
30 consumption and related transportation costs, which are necessary to permit
31 increased productivity;
32 (d) A number of western states have already, to the fullest extent possi-
33 ble, adopted substantially the 1964 Bureau of Public Roads recommended vehicle
34 size and weight standards; and
35 (e) The 1956 provision of federal law, (23 U.S.C. 127), though long out-
36 moded, remains in effect depriving states of interstate matching money if
37 vehicle weights and widths are increased, even though the interstate system is
38 more than eighty per cent (80%) complete; and
39 (f) The participating jurisdictions are most capable of developing vehi-
40 cle size and weight standards most appropriate for the regional economy and
41 transportation requirements, consistent with and in recognition of principles
2
1 of highway safety.
2 SECTION 2. Purposes. The purposes of this agreement are to:
3 (a) Adhere to the principle that each participating jurisdiction should
4 have the freedom to develop vehicle size and weight standards that it deter-
5 mines to be most appropriate to its economy and highway system.
6 (b) Establish a system authorizing the operation of vehicles traveling
7 between two (2) or more participating jurisdictions at more adequate size and
8 weight standards.
9 (c) Promote uniformity among participating jurisdictions in vehicle size
10 and weight standards on the basis of the objectives set forth in this agree-
11 ment.
12 (d) Secure uniformity insofar as possible, of administration administra-
13 tive procedures in the enforcement of recommended vehicle size and weight
14 standards.
15 (e) Provide means for the encouragement and utilization of research which
16 will facilitate the achievement of the foregoing purposes, with due regard for
17 the findings set forth in section 1 of this article.
18 (f) In recognition of desire for a degree of national uniformity of size
19 and weight regulations, it is the further objective to encourage development
20 of broad, uniform size and weight standards on a national basis, and further
21 that procedures adopted under this agreement be compatible with national stan-
22 dards.
23 (g) Facilitate communication between legislators, state transportation
24 administrators and commercial industry representatives in addressing the
25 emerging highway transportation issues in participating jurisdictions.
26 ARTICLE II
27 Definitions
28 SECTION 1. As used in this agreement:
29 (a) "Cooperating committee" means a body composed of the designated rep-
30 resentatives from the participating jurisdictions.
31 (b) "Designated representative" means a legislator or other person autho-
32 rized under article X to represent the jurisdiction.
33 (bc) "Jurisdiction" means a state of the United States or the District of
34 Columbia.
35 (cd) "Vehicle" means any vehicle as defined by statute to be subject to
36 size and weight standards which operates in two (2) or more participating
37 jurisdictions.
38 ARTICLE III
39 General Provisions
40 SECTION 1. Qualifications for Membership. Participation in this agreement
41 is open to jurisdictions which subscribe to the findings, purposes and objec-
42 tives of this agreement and will seek legislation necessary to accomplish
43 these objectives.
44 SECTION 2. Cooperation. The participating jurisdictions, working through
45 their designated representatives, shall cooperate and assist each other in
46 achieving the desired goals of this agreement pursuant to appropriate statu-
47 tory authority.
48 SECTION 3. Effect of Headings. Article and section headings contained
49 herein shall not be deemed to govern, limit, modify, or in any manner affect
50 the scope, meaning, or intent of the provisions of any article or section
51 hereof.
52 SECTION 4. Vehicle Laws and Regulations. This agreement shall not autho-
53 rize the operation of a vehicle in any participating jurisdiction contrary to
3
1 the laws or regulations thereof.
2 SECTION 5. Interpretation. The final decision regarding interpretation of
3 questions at issue relating to this agreement shall be reached by unanimous
4 joint action of the participating jurisdictions, acting through the designated
5 representatives. Results of all such actions shall be placed in writing.
6 SECTION 6. Amendment. This agreement may be amended by unanimous joint
7 action of the participating jurisdictions, acting through the officials
8 thereof authorized to enter into this agreement, subject to the requirements
9 of section 4, article III. Any amendment shall be placed in writing and become
10 a part hereof.
11 SECTION 7. Restrictions, Conditions or Limitations. Any jurisdiction
12 entering this agreement shall provide each other participating jurisdiction
13 with a list of any restriction, condition or limitation on the general terms
14 of this agreement, if any.
15 SECTION 8. Additional Jurisdictions. Additional jurisdictions may become
16 members of this agreement by signing and accepting the terms of the agreement.
17 ARTICLE IV
18 Cooperating Committee
19 SECTION 1. Each participating jurisdiction shall have two (2) designated
20 representatives. Pursuant to section 2, article III, the designated represen-
21 tatives of the participating jurisdictions shall constitute a the cooperating
22 committee which shall have the power to:
23 (a) Collect, correlate, analyze and evaluate information resulting or
24 derivable from research and testing activities in relation to vehicle size and
25 weight related matters.
26 (b) Recommend and encourage the undertaking of research and testing in
27 any aspect of vehicle size and weight or related matter when, in their collec-
28 tive judgment, appropriate or sufficient research or testing has not been
29 undertaken.
30 (c) Recommend changes in law or policy with emphasis on compatibility of
31 laws and uniformity of administrative rules or regulations which would promote
32 effective governmental action or coordination in the field of vehicle size and
33 weight related matters.
34 (d) Recommend improvements in highway operations, in vehicular safety,
35 and in state administration of highway transportation laws.
36 (e) Perform functions necessary to facilitate the purposes of this agree-
37 ment.
38 SECTION 2. Each designated representative of a participating jurisdiction
39 shall be entitled to one (1) vote only. No action of the committee shall be
40 binding approved unless a majority of the total number of votes cast by the
41 designated representatives of participating jurisdictions are in favor
42 thereof.
43 SECTION 3. The committee shall meet at least once annually and shall
44 elect, from among its members, a chairman, a vice chairman and a secretary.
45 SECTION 4. The committee shall submit annually to the legislature of each
46 participating jurisdiction, no later than November 1, a report setting forth
47 the work of the committee during the preceding year and including recommenda-
48 tions developed by the committee. The committee may submit such additional
49 reports as it deems appropriate or desirable. Copies of all such reports shall
50 be made available to the Transportation Committee of the Western Conference,
51 Council of State Governments, and to the Western Association of State Highway
52 Officials.
4
1 ARTICLE V
2 Objectives of the Participating Jurisdictions
3 SECTION 1. Objectives. The participating jurisdictions hereby declare
4 that:
5 (a) It is the objective of the participating jurisdictions to obtain more
6 efficient and more economical transportation by motor vehicles between and
7 among the participating jurisdictions. by encouraging the adoption of stan-
8 dards that will, as minimums, allow the operation of a vehicle or combination
9 of vehicles in regular operation on all State highways, except those deter-
10 mined through engineering evaluation to be inadequate, with a single-axle
11 weight not in excess of 20,000 pounds, a tandem-axle weight not in excess of
12 34,000 pounds, and a gross vehicle or combination weight not in excess of that
13 resulting from application of the formula:
14 W = 500 ((LN/N-1) + 12N + 36)
15 where W = maximum weight in pounds carried on any group of two or more
16 axles computed to nearest 500 pounds.
17 L = distance in feet between the extremes of any group of two or more
18 consecutive axles.
19 N = number of axles in group under consideration.
20 (b) It is the further objective of the participating jurisdictions that
21 in the event the operation of a vehicle or combination of vehicles in inter-
22 state commerce according to the provisions of subsection (a) of this section
23 would result in withholding or forfeiture of federal-aid funds pursuant to
24 section 127, title 23, U.S. Code, the operation of such vehicle or combination
25 of vehicles at axle and gross weights within the limits set forth in subsec-
26 tion (a) of this section will be authorized under special permit authority by
27 each participating jurisdiction which could legally issue such permits prior
28 to July 1, 1956, provided all regulations and procedures related to such issu-
29 ance in effect as of July 1, 1956, are adhered to for vehicle combinations in
30 excess of statutory weight of 80,000 pounds and/or statutory lengths.
31 (c) The objectives of subsections (a) and (b) of this section relate to
32 vehicles or combinations of vehicles in regular operation, and the authority
33 of any participating jurisdiction to issue special permits for the movement of
34 any vehicle or combinations of vehicles having dimensions and/or weights in
35 excess of the maximum statutory limits in each participating jurisdiction will
36 not be affected.
37 (d) It is the further objective of the participating jurisdictions to
38 facilitate and expedite the operation of any vehicle or combination of vehi-
39 cles between and among the participating jurisdictions under the provisions of
40 subsection (a) or (b) of this section, and to that end the participating
41 jurisdictions hereby agree, through their designated representatives, to meet
42 and cooperate in the consideration of vehicle size and weight related matters
43 including, but not limited to, the development of: uniform enforcement proce-
44 dures; additional vehicle size and weight standards; operational standards;
45 agreements or compacts to facilitate regional application and administration
46 of vehicle size and weight standards; uniform permit procedures; uniform
47 application forms; rules and regulations for the operation of vehicles,
48 including equipment requirements, driver qualifications, and operating prac-
49 tices; and such other matters as may be pertinent.
50 (e) In recognition of the limited prospects of federal revision of sec-
51 tion 127, title 23, U.S. Code, and in order to protect participating jurisdic-
52 tions against any possibility of withholding or forfeiture of federal-aid
53 highway funds, it is the further objective of the participating jurisdictions
54 to secure congressional approval of this agreement and, specifically of the
55 vehicle size and weight standards set forth in subsection (a) of this section.
5
1 (d) It is the further objective of the participating jurisdictions to:
2 (1) Establish transportation laws and regulations to meet regional needs
3 and to promote an efficient, safe and compatible transportation network;
4 (2) Develop standards that facilitate the most efficient and
5 environmentally sound operation of vehicles on highways, consistent with
6 and in recognition of principles of highway safety;
7 (3) Establish programs to increase productivity and reduce congestion,
8 fuel consumption and related transportation costs and enhance air quality
9 through the uniform application of state vehicle regulations and laws.
10 ARTICLE VI
11 Entry Into Force and Withdrawal
12 SECTION 1. This agreement shall enter into force when enacted into law by
13 any two (2) or more jurisdictions. Thereafter, this agreement shall become
14 effective as to any other jurisdiction upon its enactment thereof, except as
15 otherwise provided in section 8, article III.
16 SECTION 2. Any participating jurisdiction may withdraw from this agreement
17 by cancelling the same but no such withdrawal shall take effect until thirty
18 (30) days after the designated representative of the withdrawing jurisdiction
19 has given notice in writing of the withdrawal to all other participating
20 jurisdictions.
21 ARTICLE VII
22 Construction and Severability
23 SECTION 1. This agreement shall be liberally construed so as to effectuate
24 the purposes thereof.
25 SECTION 2. The provisions of this agreement shall be severable and if any
26 phrase, clause, sentence or provision of this agreement is declared to be con-
27 trary to the constitution of any participating jurisdiction or the applicabil-
28 ity thereto to any government, agency, person or circumstance is held invalid,
29 the validity of the remainder of this agreement shall not be affected thereby.
30 If this agreement shall be held contrary to the constitution of any jurisdic-
31 tion participating herein, the agreement shall remain in full force and effect
32 as to the remaining jurisdictions and in full force and effect as to the
33 jurisdictions affected as to all severable matters.
34 ARTICLE VIII
35 Filing of Documents
36 SECTION 1. A copy of this agreement, its amendments, and rules or regula-
37 tions promulgated thereunder and interpretations thereof shall be filed in the
38 highway department in each participating jurisdiction and shall be made avail-
39 able for review by interested parties.
40 ARTICLE IX
41 Funding
42 SECTION 1. Funds for the administration of this agreement, including par-
43 ticipation in the cooperating committee and the actual expenses of the desig-
44 nated representatives, shall be budgeted or expensed as determined appropri-
45 ate.
46 ARTICLE X
47 Selection of Designated Representatives
48 SECTION 1. The process for selecting the designated representatives to
49 the cooperating committee shall be established by law under this section.
50 SECTION 2. The persons authorized to represent the state of Idaho as the
6
1 designated representatives to the committee shall be the chairman of the sen-
2 ate transportation committee and the chairman of the house transportation and
3 defense committee.
STATEMENT OF PURPOSE
RS 12039
Revision of the Multi-State Highway Transportation Agreement
statute in Idaho Code.
The legislation defines “co-operating committee,” revises
the existing powers of the committee, revises objectives of the
participating jurisdictions, provides a new Article 10 relating
to selection of designated representatives.
FISCAL IMPACT
Similar to present cost to participate by our state.
$10,000
Contact
Name: Senator Evan Frasure
Phone: 332-1315
STATEMENT OF PURPOSE/FISCAL NOTE S 1438