2003 Legislation
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HOUSE BILL NO. 395 – Vehicle, up to 129,000 lbs, permits

HOUSE BILL NO. 395

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Daily Data Tracking History



H0395.....................................................by WAYS AND MEANS
VEHICLES - PERMITS - PILOT PROJECT ROUTES - Amends existing law to provide
for issuance of permits in lieu of registration fees for vehicles weighing
up to a maximum of one hundred twenty-nine thousand pounds gross vehicle
weight; to extend the schedule of thirty day temporary permits; to provide
that the Idaho Transportation Department shall, and local public highway
agencies may, in their discretion, issue annual permits on designated pilot
project routes for operation of vehicles weighing up to one hundred
twenty-nine thousand pounds; to delete the requirement that the Idaho
Transportation Board shall establish criteria for nonstate pilot project
routes; to clarify that state pilot project routes are designated by the
Legislature; to revise an existing state pilot project route; to designate
additional state pilot project routes; to provide that local public highway
agencies are authorized to issue annual permits and that such permits shall
be in writing; to provide that the entity issuing a permit shall retain the
administrative permit fee to cover administrative costs; to provide
legislative intent regarding reporting requirements; and to provide a
sunset clause of July 1, 2013.
                                                                        
03/31    House intro - 1st rdg - to printing
    Rpt prt - to Transp
04/03    Rpt out - rec d/p - to 2nd rdg
04/04    2nd rdg - to 3rd rdg
    Rls susp - PASSED - 49-15-6
      AYES --  Andersen, Barraclough, Barrett, Bedke, Bell, Black, Block,
      Bolz, Bradford, Campbell, Cannon, Collins, Deal, Denney, Edmunson,
      Ellsworth, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,
      Jones, Kulczyk, Langford, Langhorst, McGeachin, McKague, Meyer,
      Miller, Moyle, Nielsen, Raybould, Ridinger, Ring, Roberts, Rydalch,
      Sali, Schaefer, Skippen, Smith(24), Smylie, Snodgrass, Stevenson,
      Tilman, Trail(Young), Wills, Wood, Mr. Speaker
      NAYS -- Bauer, Bieter, Boe, Crow, Cuddy, Douglas, Eskridge, Jaquet,
      Kellogg, Martinez, Ringo, Robison, Sayler, Shepherd, Smith(30)
      Absent and excused -- Clark, Eberle, Lake, Mitchell, Naccarato,
      Shirley
    Floor Sponsor - Wood
    Title apvd - to Senate
04/07    Senate intro - 1st rdg - to Transp
04/09    Rpt out - rec d/p - to 2nd rdg
04/10    2nd rdg - to 3rd rdg
04/11    3rd rdg - PASSED - 20-15-0
      AYES -- Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis,
      Gannon, Hill, Ingram, Kennedy, Little, Lodge, McKenzie, McWilliams,
      Noble, Pearce, Richardson, Sorensen, Sweet, Williams
      NAYS -- Andreason, Bailey, Burkett, Calabretta, Compton, Geddes,
      Goedde, Keough, Malepeai(Kumm), Marley, Noh, Schroeder, Stegner,
      Stennett, Werk
      Absent and excused -- None
    Floor Sponsor - Ingram
    Title apvd - to House
04/14    To enrol
04/15    Rpt enrol - Sp signed
04/16    Pres signed
04/17    To Governor
04/23    Governor signed
         Session Law Chapter 315
         Effective: 07/01/03; 07/01/13 Sunset Clause

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 395
                                                                        
                                BY WAYS AND MEANS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PERMITS FOR OVERWEIGHT VEHICLE  LOADS;  AMENDING  SECTION  49-432,
  3        IDAHO  CODE,  TO PROVIDE FOR ISSUANCE OF PERMITS IN LIEU OF A REGISTRATION
  4        FEE FOR VEHICLES WEIGHING UP TO A MAXIMUM OF ONE HUNDRED TWENTY-NINE THOU-
  5        SAND POUNDS GROSS VEHICLE WEIGHT AND TO EXTEND THE SCHEDULE OF THIRTY  DAY
  6        TEMPORARY  PERMITS;  AMENDING SECTION 49-1004, IDAHO CODE, TO DELETE OBSO-
  7        LETE LANGUAGE, TO PROVIDE THAT THE DEPARTMENT SHALL AND LOCAL PUBLIC HIGH-
  8        WAY AGENCIES MAY IN THEIR DISCRETION ISSUE ANNUAL  PERMITS  ON  DESIGNATED
  9        PILOT  PROJECT ROUTES FOR OPERATION OF VEHICLES WEIGHING UP TO ONE HUNDRED
 10        TWENTY-NINE THOUSAND POUNDS, TO DELETE  THE  REQUIREMENT  THAT  THE  IDAHO
 11        TRANSPORTATION  BOARD  SHALL ESTABLISH CRITERIA FOR NONSTATE PILOT PROJECT
 12        ROUTES, TO CLARIFY THAT STATE PILOT PROJECT ROUTES ARE DESIGNATED  BY  THE
 13        LEGISLATURE, TO REVISE AN EXISTING STATE PILOT PROJECT ROUTE, TO DESIGNATE
 14        ADDITIONAL  STATE PILOT PROJECT ROUTES, TO PROVIDE THAT LOCAL PUBLIC HIGH-
 15        WAY AGENCIES ARE AUTHORIZED TO ISSUE ANNUAL PERMITS AND THAT SUCH  PERMITS
 16        SHALL  BE  IN  WRITING,  TO PROVIDE THAT THE ENTITY ISSUING A PERMIT SHALL
 17        RETAIN THE ADMINISTRATIVE PERMIT FEE TO  COVER  ADMINISTRATIVE  COSTS,  TO
 18        MAKE  A  TECHNICAL CORRECTION AND TO PROVIDE PROPER TERMINOLOGY; PROVIDING
 19        LEGISLATIVE INTENT REGARDING REPORTING REQUIREMENTS AND TO PROVIDE A  SUN-
 20        SET CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
                                                                        
 21    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 22        SECTION  1.  That  Section  49-432, Idaho Code, be, and the same is hereby
 23    amended to read as follows:
                                                                        
 24        49-432.  TEMPORARY REGISTRATION FOR RESIDENTS AND  NONRESIDENTS  --  FEES.
 25    (1) When a vehicle or combination of vehicles subject to registration is to be
 26    moved upon the public highways in the state of Idaho, the department may issue
 27    a  permit  in  lieu of registration for any vehicle or combination of vehicles
 28    upon the payment of a fee as set forth in the following schedule:
 29        (a)  One hundred twenty (120) hour permit
 30             Single vehicle ................................................$30.00
 31             Combination of vehicles .......................................$60.00
 32        (b)  Fuel permit ...................................................$30.00
 33        (2)  Permits to operate a vehicle or combination of vehicles in excess  of
 34    the registered maximum gross vehicle weight up to a maximum of one hundred six
 35    twenty-nine thousand (10629,000) pounds gross vehicle weight shall be:
 36        (a)  One hundred twenty (120) hour permit to increase gross weight .......
 37        ....................................................................$50.00
                                                                        
                                           2
                                                                        
  1        (b)  Thirty (30) day permit to increase gross vehicle weight:
  2             Maximum Registered Gross        Temporary Permitted
  3                Weight of Vehicle            Maximum Gross Weight
  4                     (Pounds)                      (Pounds)
  5                        80,000  86,000  96,000 106,000  116,000   129,000
  6      50,001-60,000       $225    $250    $275    $300     $325      $350
  7      60,001-70,000       $150    $175    $200   $2250     $250      $275
  8      70,001-78,000       $ 75    $150    $175    $200     $225      $250
  9      78,001-84,000               $ 75    $150    $175     $200      $225
 10      84,001-94,000                       $ 75    $150     $175      $200
 11     94,001-104,000                               $ 75     $100      $125
 12    104,001-112,000                                        $ 75      $100
 13    112,001-128,000                                                  $ 75
 14        The permit issued pursuant to this subsection (2) shall be specific to the
 15        motor  vehicle  to which it is issued. No permit or fee shall be transfer-
 16        able or apportionable to any other vehicle, nor  shall  any  such  fee  be
 17        refundable. At the time of purchasing a permit, the applicant may purchase
 18        additional  permits  in any combination which does not exceed a maximum of
 19        ninety (90) days.
 20        (3)  A temporary permit shall be in a form, and issued under rules adopted
 21    by the board, and shall be displayed at all times while the vehicle  is  being
 22    operated  on  the  highways  by posting the permit upon the windshield of each
 23    vehicle or in another prominent place, where it may be readily legible.
 24        (4)  Any permit issued pursuant to subsection (2) of this section shall be
 25    purchased prior to movement of the vehicle on a highway, and such permit shall
 26    be in addition to and available only to a vehicle which is currently and  val-
 27    idly   registered   in   Idaho   pursuant  to  section  49-432(1),  49-434(1),
 28    49-434(8)(c) or 49-435, Idaho Code.
 29        (5)  The department may select vendors to serve as agents on  state  high-
 30    ways for the purpose of selling permits where fixed ports of entry do not ade-
 31    quately  serve  a  respective  highway entering the state. The vendor shall be
 32    remunerated at the rate of three dollars ($3.00) per permit sold, and he shall
 33    collect the fees specified in this section, and pay the fees  to  the  depart-
 34    ment.  The  vendor  shall guarantee payment by giving a bond to the state in a
 35    sum as shall be fixed by the board, the premium on the bond to be paid by  the
 36    department.
 37        (6)  An  owner-operator  vehicle  moving  between  lessee fleets where the
 38    vehicle registration was issued in the name of the  former  lessee,  shall  be
 39    eligible  for  a one hundred twenty (120) hour permit for the unladen movement
 40    from the point of entry into the state to the destination of the new  lessee's
 41    place of business.
                                                                        
 42        SECTION  2.  That  Section 49-1004, Idaho Code, be, and the same is hereby
 43    amended to read as follows:
                                                                        
 44        49-1004.  PERMITS FOR OVERWEIGHT OR OVERSIZE LOADS -- SPECIAL PILOT  PROJ-
 45    ECT ROUTES AND ANNUAL PERMITS. (1) Upon application in writing to the board or
 46    other  proper authorities in charge of, or having jurisdiction over a highway,
 47    the board or authorities may in their discretion issue a special permit to the
 48    owner or operator of any vehicle allowing vehicles or loads having  a  greater
 49    weight  or  size  than permitted by law to be moved or carried over and on the
 50    highways and bridges.
 51        (a)  Special permits shall be in writing and may limit the time of use and
 52        operation over the particular highways and bridges which may be  traversed
 53        and  may  contain  any  special  conditions and require any undertaking or
                                                                        
                                           3
                                                                        
  1        other security as the board or other proper authority  shall  deem  to  be
  2        necessary  to  protect  the  highways  and bridges from injury, or provide
  3        indemnity for any injury to highways and bridges or to persons or property
  4        resulting from such operation.
  5        (b)  The owner or operator of an  overweight  or  oversize  vehicle  shall
  6        obtain  a  permit,  or  shall  establish  intent  to  obtain  a  permit by
  7        contacting a permit office and receiving a permit number before moving the
  8        vehicle on the highways.
  9        (c)  All special permits or evidence of intent to obtain a permit,   shall
 10        be  carried  in  the vehicles to which they refer and shall upon demand be
 11        delivered for inspection to any peace officer,  authorized  agent  of  the
 12        board  or  any  officer or employee charged with the care or protection of
 13        the highways.
 14        (2)  Nonreducible   vehicles   or   combinations   of   vehicles   hauling
 15    nonreducible  loads at weights  in  excess  of  those  set  forth  in  section
 16    49-1001,  Idaho Code, shall pay fees as set forth in this subsection (2). Such
 17    fees are based on the number of axles on the vehicle or combination  of  vehi-
 18    cles and the total gross weight.
                                                                        
 19                              Column 1                    Column 2
 20                       Gross weight of vehicle     Gross weight of vehicle
 21    Number of axles      and load in pounds          and load in pounds
 22           2                    40,001                        -
 23           3                    54,001                        -
 24           4                    68,001                        -
 25           5                    80,001                     131,001
 26           6                    97,001                     148,001
 27           7                   114,001                     165,001
 28        (a)  To  determine the maximum allowable permit fee for vehicles with more
 29        than seven (7) axles, the table can be extended by adding seventeen  thou-
 30        sand (17,000) pounds to the last listed weight in both columns 1 and 2 for
 31        each added axle.
 32        (b)  Permit  fees for column 1 shall start at four cents (4) per mile and
 33        increase four cents (4) per mile for each additional two thousand (2,000)
 34        pound increment up to the weight indicated in column 2.  Permit  fees  for
 35        column  2  shall  start  at  one dollar and two cents ($1.02) per mile and
 36        increase seven cents (7)  per  mile  for  each  additional  two  thousand
 37        (2,000) pound increment.
 38        (c)  Vehicles operating at weights less than the starting weights per axle
 39        configuration  listed  in  column  1  shall be charged four cents (4) per
 40        mile.
 41        (d)  For vehicles operating with axles wider than eight (8) feet  six  (6)
 42        inches  or  axles  with  more than four (4) tires per axle, the fee may be
 43        reduced by the board or other proper authority having jurisdiction over  a
 44        highway.
 45        (e)  From  July  1,  1998, through June 30, 1999, the fee charged per mile
 46        pursuant to this subsection shall be assessed at one-half (1/2) the calcu-
 47        lated fee. On and after July 1, 1999, the fee charged per  mile  shall  be
 48        calculated and assessed in accordance with this subsection.
 49        (3)  It shall be unlawful for any person to violate, or to cause or permit
 50    to  be  violated,  the  limitations  or conditions of special permits and  any
 51    violation shall be deemed for all purposes to be a violation of the provisions
 52    of this chapter.
 53        (4)  An annual special pilot project route permit  authorizing  travel  on
 54    pilot  project  routes may shall be issued by the board or may, in its discre-
                                                                        
                                           4
                                                                        
  1    tion, be issued by a local public highway agency  for  operation  of  vehicles
  2    with  a  legal maximum gross weight of at least one hundred five thousand five
  3    hundred one (105,501) pounds but not exceeding one hundred  twenty-nine  thou-
  4    sand (129,000) pounds. Such pilot project routes on nonstate and noninterstate
  5    highways shall be determined by the local highway agency for those roads under
  6    its  jurisdiction, based on criteria established by the board. No local public
  7    highway agency shall approve a pilot project route which provides a  thorough-
  8    fare  for  interstate  carriers to pass through the state. State pilot project
  9    routes designated by the board based on criteria established by the board leg-
 10    islature and identified on a map entitled "Designated  Pilot  Project  Routes"
 11    are:
 12        (a)  Ashton to Kimberly to Twin Falls to Nevada using US-20, US-30, SH-33,
 13        US-93, SH-25, SH-50 and SH-74.
 14        (b)  Interstate  15 to Wyoming or Utah border using US-30, SH-34 and US-91
 15        from its junction with SH-34 to the Utah border.
 16        (c)  US-30 from its junction with I-15 to the Wyoming border.
 17        (d)  US-95 south from Fruitland to junction with SH-55.
 18        (e)  SH-19 between Wilder and Caldwell.
 19        (f)  SH-78 between Marsing and Hammett.
 20        (g)  SH-67 from Mountain Home to junction with SH-78 at Grandview.
 21        (h)  SH-55 from intersection with Farmway Road to junction with US-95.
 22        (i)  SH-25 from the intersection of SH-24 to Paul.
 23        (j)  SH-25 from intersection with US-93 to Hazelton.
 24        (k)  SH-24 from intersection with US-93 to intersection with SH-25.
 25        (l)  US-20 from its intersection with New Sweden Road to its junction with
 26        SH-22/33.
 27        (m)  SH-34 from milepost 78 to the junction with US-91.
 28        (n)  US-26 from the intersection with 45th West to the junction  with  US-
 29        91;  and US-91 from the intersection with Canyon Road to the junction with
 30        US-26.
 31        (o)  SH-22 from Dubois to the junction with SH-33.
 32        (p)  SH-45 from junction with SH-78 to  intersection  with  I-84  business
 33        loop;  I-84 business loop to intersection with SH-55; SH-55 to I-84 inter-
 34        change no. 35.
 35    Additions or deletions to the approved state pilot project routes specified in
 36    paragraphs (a) and (b) of this subsection (4) shall  be  made  only  with  the
 37    approval of the state legislature.
 38        (5)  An  annual  administrative  permit fee for operating on pilot project
 39    routes at the weights specified in subsection (4) of this section shall be set
 40    by the board for travel on state pilot project routes and by the local  public
 41    highway  agency for travel on routes under its jurisdiction, but not to exceed
 42    a maximum of fifty dollars ($50.00) per  vehicle.  The  annual  administrative
 43    permit fee shall cover administrative costs. Local public highway agencies are
 44    authorized to request the department to issue special pilot project permits on
 45    their  behalf.  and  such  permits shall be in writing. Administrative pPermit
 46    fees for permits issued by a local public highway agency shall be retained  by
 47    the local public highway agency to cover administrative costs, and administra-
 48    tive permit fees for permits issued by the department shall be retained by the
 49    department  to  cover administrative costs. In addition to the annual adminis-
 50    trative permit fee and the weight-distance appropriate  registration  fee  for
 51    weights  up  to  one  hundred five thousand five hundred (105,500) pounds, the
 52    appropriate weight-distance vehicle registration fees  for  weights  over  one
 53    hundred  five  thousand  five hundred (105,500) pounds shall be calculated and
 54    collected in accordance with the fee schedules set forth in section 49-432  or
 55    49-434, Idaho Code.
                                                                        
                                           5
                                                                        
  1        SECTION 3.  It is the intent of the Legislature that the Idaho Transporta-
  2    tion  Department shall periodically report to the Legislature on the effect of
  3    the pilot project program. The Department shall report on the results  of  its
  4    monitoring  and  evaluation  of  all  important  impacts, including impacts to
  5    safety, bridges and pavement on all the State Pilot Project Routes  designated
  6    in  subsection  (4) of Section 49-1004, Idaho Code. Reports shall be submitted
  7    to the Legislature no later than January 30 in the years 2007, 2010 and  2013.
  8    The  Pilot  Project  Program  shall  sunset  on and after July 1, 2013, unless
  9    otherwise extended or sooner repealed by the Legislature.
                                                                        
 10        SECTION 4.  This act shall be in full force and effect on and  after  July
 11    1, 2003.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                            RS 13253

This bill: (1) establishes a new, 10-year pilot project on a small number of
Idaho state highways for the use of specially configured 129,000 pound gross axle
weight trucks that also contain added axles; (2) requires that such trucks obtain
special permits from the Idaho Transportation Department for a fee of up to $50
per year to operate on designated state routes; (3) provides authority to local
highway districts to allow roads in their jurisdictions to be included in the
pilot program only if the highway district governing board chooses to do so, and;
(4) requires the Idaho Transportation Department to report to the Legislature on
the impacts of the 129,000 pound trucks on safety, bridges and highways every
three years during the pilot project.    

This bill re-establishes the Idaho pilot project program designed to test the use
of 129,000 pound trucks on a limited number of state highways.  In 1999, the
Legislature established the original pilot project program that lasted 3 years,
ending on June 30, 2002.  No significant data on the impacts of heavier trucks
on safety, bridges and pavement was collected because so few trucks were
reconfigured from the standard 105,500 pound truck weight limit to the 129,000
pound limit.  The lack of data resulted from two factors: (1) the routes selected
for the original project were not state highways regularly used by the types of
commodity haulers interested in using heavier trucks, and; (2) the 3-year length
of the project was too short for truckers to economically reconfigure their
vehicles from 105,500 pounds to 129,000 pounds.

Idaho's sugar beet, potato, wheat and grain, milk and phosphate industries have
identified a small number of state highways in southwest, south-central and
southeastern Idaho that they would use if  selected as test routes under the new
pilot project that this bill creates.  These industries calculate that over the
10 year life of the new pilot project they will save millions of dollars in
transportation costs because heavier trucks substantially reduce the total number
of trucks trips necessary to transport their commodities. Because the routes in
the bill will be used by these industries, the data necessary to fully evaluate
the use of 129,000 pound trucks can finally be obtained. The Idaho Transportation
Department has reviewed and analyzed the selected highways in this bill and have
determined that the roadways and bridges are capable of being utilized by 129,000
pound trucks.



                         FISCAL IMPACT

None to the General Account.  The costs of the monitoring and studies that the
bill requires the Idaho Transportation Department to conduct are covered within
existing pavement evaluation and bridge inspection activities of the Department.
The administrative permit fees provided for in the bill will cover the cost of
issue the permits.






Contact:  Representative Bruce Newcomb  
          Senator Cecil Ingram          
Phone:    (208) 332-1000





STATEMENT OF PURPOSE/FISCAL NOTE                            H 395