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H0104............................................by TRANSPORTATION AND DEFENSE
MULTISTATE HIGHWAY TRANSPORTATION AGREEMENT - Amends existing law to provide
revisions to the Multistate Highway Transportation Agreement in accordance
with changes mutually agreed upon by the participating jurisdictions.
01/23 House intro - 1st rdg - to printing
01/24 Rpt prt - to Transp
01/31 Rpt out - rec d/p - to 2nd rdg
02/03 2nd rdg - to 3rd rdg
02/04 3rd rdg - PASSED - 69-0-1
AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,
Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,
McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Nacarrato, Nielsen,
Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali,
Sayler, Schaefer(Schaefer), Shepherd, Shirley, Skippen, Smith(30),
Smith(24), Smylie, Snodgrass, Stevenson, Tilman, Wills, Wood, Mr.
Speaker
NAYS -- None
Absent and excused -- Trail
Floor Sponsor - Wood
Title apvd - to Senate
02/05 Senate intro - 1st rdg - to Transp
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 104
BY TRANSPORTATION AND DEFENSE 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 AS MUTUALLY
4 AGREED UPON BY THE PARTICIPATING JURISDICTIONS, INCLUDING TO REVISE THE
5 FINDINGS AND PURPOSES, TO DEFINE "COOPERATING COMMITTEE," TO CLARIFY REP-
6 RESENTATION ON THE COOPERATING COMMITTEE, TO PROVIDE ADDITIONAL POWERS OF
7 THE COMMITTEE AND TO REVISE EXISTING POWERS OF THE COMMITTEE, TO REVISE
8 OBJECTIVES OF THE PARTICIPATING JURISDICTIONS, TO PROVIDE A NEW ARTICLE IX
9 RELATING TO FUNDING, TO PROVIDE A NEW ARTICLE X RELATING TO SELECTION OF
10 DESIGNATED REPRESENTATIVES, TO CORRECT A CODIFIER'S ERROR AND TO MAKE A
11 TECHNICAL CORRECTION.
12 Be It Enacted by the Legislature of the State of Idaho:
13 SECTION 1. That Section 49-1901, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 49-1901. ENACTMENT OF MULTISTATE AGREEMENT. The Multistate Highway Trans-
16 portation Agreement is hereby enacted into law and entered into with all other
17 jurisdictions legally joining therein as follows:
18 MULTISTATE HIGHWAY TRANSPORTATION AGREEMENT
19 Pursuant to and in conformity with the laws of their respective jurisdic-
20 tions, the participating jurisdictions, acting by and through their officials
21 lawfully authorized to execute this agreement, do mutually agree as follows:
22 ARTICLE I
23 Findings and Purposes
24 SECTION 1. Findings. The participating jurisdictions find that:
25 (a) The expanding regional economy depends on expanding transportation
26 capacity;
27 (b) Highway transportation is the major mode for movement of people and
28 goods in the western states;
29 (c) Uniform application in the west of more adequate vehicle size and
30 weight standards will result in a reduction of pollution, congestion, fuel
31 consumption and related transportation costs, which are necessary to permit
32 increased productivity;
33 (d) A number of western states have already, to the fullest extent possi-
34 ble, adopted substantially the 1964 Bureau of Public Roads recommended vehicle
35 size and weight standards; and
36 (e) The 1956 provision of federal law, (23 U.S.C. 127), though long out-
37 moded, remains in effect depriving states of interstate matching money if
38 vehicle weights and widths are increased, even though the interstate system is
39 more than eighty per cent (80%) complete; and
40 (f) The participating jurisdictions are most capable of developing vehi-
41 cle size and weight standards most appropriate for the regional economy and
2
1 transportation requirements, consistent with and in recognition of principles
2 of highway safety.
3 SECTION 2. Purposes. The purposes of this agreement are to:
4 (a) Adhere to the principle that each participating jurisdiction should
5 have the freedom to develop vehicle size and weight standards that it deter-
6 mines to be most appropriate to its economy and highway system.
7 (b) Establish a system authorizing the operation of vehicles traveling
8 between two (2) or more participating jurisdictions at more adequate size and
9 weight standards.
10 (c) Promote uniformity among participating jurisdictions in vehicle size
11 and weight standards on the basis of the objectives set forth in this agree-
12 ment.
13 (d) Secure uniformity insofar as possible, of administration administra-
14 tive procedures in the enforcement of recommended vehicle size and weight
15 standards.
16 (e) Provide means for the encouragement and utilization of research which
17 will facilitate the achievement of the foregoing purposes, with due regard for
18 the findings set forth in section 1 of this article.
19 (f) In recognition of desire for a degree of national uniformity of size
20 and weight regulations, it is the further objective to encourage development
21 of broad, uniform size and weight standards on a national basis, and further
22 that procedures adopted under this agreement be compatible with national stan-
23 dards 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
54 the laws or regulations thereof.
55 SECTION 5. Interpretation. The final decision regarding interpretation of
3
1 questions at issue relating to this agreement shall be reached by unanimous
2 joint action of the participating jurisdictions, acting through the designated
3 representatives. Results of all such actions shall be placed in writing.
4 SECTION 6. Amendment. This agreement may be amended by unanimous joint
5 action of the participating jurisdictions, acting through the officials
6 thereof authorized to enter into this agreement, subject to the requirements
7 of section 4, article III. Any amendment shall be placed in writing and become
8 a part hereof.
9 SECTION 7. Restrictions, Conditions or Limitations. Any jurisdiction
10 entering this agreement shall provide each other participating jurisdiction
11 with a list of any restriction, condition or limitation on the general terms
12 of this agreement, if any.
13 SECTION 8. Additional Jurisdictions. Additional jurisdictions may become
14 members of this agreement by signing and accepting the terms of the agreement.
15 ARTICLE IV
16 Cooperating Committee
17 SECTION 1. Each participating jurisdiction shall have two (2) designated
18 representatives. Pursuant to section 2, article III, the designated represen-
19 tatives of the participating jurisdictions shall constitute a the cooperating
20 committee which shall have the power to:
21 (a) Collect, correlate, analyze and evaluate information resulting or
22 derivable from research and testing activities in relation to vehicle size and
23 weight related matters.
24 (b) Recommend and encourage the undertaking of research and testing in
25 any aspect of vehicle size and weight or related matter when, in their collec-
26 tive judgment, appropriate or sufficient research or testing has not been
27 undertaken.
28 (c) Recommend changes in law or policy with emphasis on compatibility of
29 laws and uniformity of administrative rules or regulations which would promote
30 effective governmental action or coordination in the field of vehicle size and
31 weight related matters.
32 (d) Recommend improvements in highway operations, in vehicular safety,
33 and in state administration of highway transportation laws.
34 (e) Perform functions necessary to facilitate the purposes of this agree-
35 ment.
36 SECTION 2. Each designated representative of a participating jurisdiction
37 shall be entitled to one (1) vote only. No action of the committee shall be
38 binding approved unless a majority of the total number of votes cast by the
39 designated representatives of participating jurisdictions are in favor
40 thereof.
41 SECTION 3. The committee shall meet at least once annually and shall
42 elect, from among its members, a chairman, a vice chairman and a secretary.
43 SECTION 4. The committee shall submit annually to the legislature of each
44 participating jurisdiction, no later than November 1, a report setting forth
45 the work of the committee during the preceding year and including recommenda-
46 tions developed by the committee. The committee may submit such additional
47 reports as it deems appropriate or desirable. Copies of all such reports shall
48 be made available to the Transportation Committee of the Western Conference,
49 Council of State Governments, and to the Western Association of State Highway
50 Officials.
51 ARTICLE V
52 Objectives of the Participating Jurisdictions
53 SECTION 1. Objectives. The participating jurisdictions hereby declare
54 that:
55 (a) It is the objective of the participating jurisdictions to obtain more
4
1 efficient and more economical transportation by motor vehicles between and
2 among the participating jurisdictions by encouraging the adoption of standards
3 that will, as minimums, allow the operation of a vehicle or combination of
4 vehicles in regular operation on all Sstate highways, except those determined
5 through engineering evaluation to be inadequate, with a single-axle weight not
6 in excess of 20,000 pounds, a tandem-axle weight not in excess of 34,000
7 pounds, and a gross vehicle or combination weight not in excess of that
8 resulting from application of the formula:
9 W = 500 ((LN/N-1) + 12N + 36)
10 where W = maximum weight in pounds carried on any group of two or more
11 axles computed to nearest 500 pounds.
12 L = distance in feet between the extremes of any group of two or more
13 consecutive axles.
14 N = number of axles in group under consideration.
15 (b) It is the further objective of the participating jurisdictions that
16 in the event the operation of a vehicle or combination of vehicles in inter-
17 state commerce according to the provisions of subsection (a) of this section
18 would result in withholding or forfeiture of federal-aid funds pursuant to
19 section 127, title 23, U.S. Code, the operation of such vehicle or combination
20 of vehicles at axle and gross weights within the limits set forth in subsec-
21 tion (a) of this section will be authorized under special permit authority by
22 each participating jurisdiction which could legally issue such permits prior
23 to July 1, 1956, provided all regulations and procedures related to such issu-
24 ance in effect as of July 1, 1956, are adhered to for vehicle combinations in
25 excess of statutory weight of 80,000 pounds and/or statutory lengths.
26 (c) The objectives of subsections (a) and (b) of this section relate to
27 vehicles or combinations of vehicles in regular operation, and the authority
28 of any participating jurisdiction to issue special permits for the movement of
29 any vehicle or combinations of vehicles having dimensions and/or weights in
30 excess of the maximum statutory limits in each participating jurisdiction will
31 not be affected.
32 (d) It is the further objective of the participating jurisdictions to
33 facilitate and expedite the operation of any vehicle or combination of vehi-
34 cles between and among the participating jurisdictions under the provisions of
35 subsection (a) or (b) of this section, and to that end the participating
36 jurisdictions hereby agree, through their designated representatives, to meet
37 and cooperate in the consideration of vehicle size and weight related matters
38 including, but not limited to, the development of: uniform enforcement proce-
39 dures; additional vehicle size and weight standards; operational standards;
40 agreements or compacts to facilitate regional application and administration
41 of vehicle size and weight standards; uniform permit procedures; uniform
42 application forms; rules and regulations for the operation of vehicles,
43 including equipment requirements, driver qualifications, and operating prac-
44 tices; and such other matters as may be pertinent.
45 (ed) In recognition of the limited prospects of federal revision of sec-
46 tion 127, title 23, U.S. Code, and in order to protect participating jurisdic-
47 tions against any possibility of withholding or forfeiture of federal-aid
48 highway funds, it is the further objective of the participating jurisdictions
49 to The cooperating committee may recommend that the participating jurisdic-
50 tions jointly secure congressional approval of this agreement and, specifi-
51 cally of the vehicle size and weight standards set forth in subsection (a) of
52 this section.
53 (e) It is the further objective of the participating jurisdictions to:
54 (1) Establish transportation laws and regulations to meet regional needs
55 and to promote an efficient, safe and compatible transportation network;
5
1 (2) Develop standards that facilitate the most efficient and
2 environmentally sound operation of vehicles on highways, consistent with
3 and in recognition of principles of highway safety;
4 (3) Establish programs to increase productivity and reduce congestion,
5 fuel consumption and related transportation costs and enhance air quality
6 through the uniform application of state vehicle regulations and laws.
7 ARTICLE VI
8 Entry Into Force and Withdrawal
9 SECTION 1. This agreement shall enter into force when enacted into law by
10 any two (2) or more jurisdictions. Thereafter, this agreement shall become
11 effective as to any other jurisdiction upon its enactment thereof, except as
12 otherwise provided in section 8, article III.
13 SECTION 2. Any participating jurisdiction may withdraw from this agreement
14 by cancelling the same but no such withdrawal shall take effect until thirty
15 (30) days after the designated representative of the withdrawing jurisdiction
16 has given notice in writing of the withdrawal to all other participating
17 jurisdictions.
18 ARTICLE VII
19 Construction and Severability
20 SECTION 1. This agreement shall be liberally construed so as to effectuate
21 the purposes thereof.
22 SECTION 2. The provisions of this agreement shall be severable and if any
23 phrase, clause, sentence or provision of this agreement is declared to be con-
24 trary to the constitution of any participating jurisdiction or the applicabil-
25 ity thereto to any government, agency, person or circumstance is held invalid,
26 the validity of the remainder of this agreement shall not be affected thereby.
27 If this agreement shall be held contrary to the constitution of any jurisdic-
28 tion participating herein, the agreement shall remain in full force and effect
29 as to the remaining jurisdictions and in full force and effect as to the
30 jurisdictions affected as to all severable matters.
31 ARTICLE VIII
32 Filing of Documents
33 SECTION 1. A copy of this agreement, its amendments, and rules or regula-
34 tions promulgated thereunder and interpretations thereof shall be filed in the
35 highway department in each participating jurisdiction and shall be made avail-
36 able for review by interested parties.
37 ARTICLE IX
38 Funding
39 SECTION 1. Funds for the administration of this agreement, including par-
40 ticipation in the cooperating committee and the actual expenses of the desig-
41 nated representatives, shall be budgeted or expensed as determined appropri-
42 ate.
43 ARTICLE X
44 Selection of Designated Representatives
45 SECTION 1. The process for selecting the designated representatives to the
46 cooperating committee shall be established by law under this section.
47 SECTION 2. The persons authorized to represent the state of Idaho as the
48 designed representatives to the committee shall be the chairman of the Senate
49 Transportation Committee and the chairman of the House Transportation and
50 Defense Committee, or a legislator or a state agency official that the chair-
51 man may assign.
52 SECTION 3. The transportation chairman in each house shall also designate
53 one (1) alternate designated representative who shall also be a legislator or
54 state agency official to serve in his absence.
STATEMENT OF PURPOSE
RS RS12596
Revision of the Multi-State Highway Transportation Agreement
statute in Idaho Code.
To provide changes to the Agreement as mutually agreed upon by
the participating jurisdictions (states).
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. $10,000.00.
No impact to the general fund.
Contact
Name: Rep. Wood
Phone: 332-1146
STATEMENT OF PURPOSE/FISCAL NOTE H104