2003 Legislation
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HOUSE BILL NO. 282 – Trucks/permit in lieu of registratn

HOUSE BILL NO. 282

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H0282........................................................by WAYS AND MEANS
TRUCKS - PERMITS - Amends existing law to provide legislative intent; to
provide for the issuance of permits in lieu of a registration fee 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 up to a
maximum of one hundred twenty-nine thousand pounds gross vehicle weight; to
provide limitations on special annual overweight permits issued for vehicles
weighing in excess of one hundred five thousand five hundred pounds but not
exceeding one hundred twenty-nine thousand pounds; and to delete provisions
for special pilot project route permits.
                                                                        
02/20    House intro - 1st rdg - to printing
02/21    Rpt prt - to Transp
03/07    Rpt out - rec d/p - to 2nd rdg
03/10    2nd rdg - to 3rd rdg
03/13    3rd rdg - PASSED - 50-20-0
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Black,
      Block, Bolz, Bradford, Campbell, Cannon, Collins, Crow, Deal, Denney,
      Eberle, Edmunson, Ellsworth, Field(18), Field(23), Gagner, Garrett,
      Jones, Kulczyk, Lake, Langford, McGeachin, McKague, Meyer, Miller,
      Moyle, Nielsen, Raybould, Ridinger, Ring, Roberts, Rydalch, Sali,
      Schaefer, Shirley, Skippen, Smith(30), Smylie, Snodgrass, Stevenson,
      Tilman, Wills, Wood, Mr. Speaker
      NAYS -- Bieter, Boe, Clark, Cuddy, Douglas, Eskridge, Harwood, Henbest,
      Jaquet, Kellogg, Langhorst(Wallace), Martinez, Mitchell, Naccarato,
      Ringo, Robison, Sayler, Shepherd, Smith(24), Trail
      Absent and excused -- None
    Floor Sponsor - Mr. Speaker
    Title apvd - to Senate
03/14    Senate intro - 1st rdg - to Transp

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 282
                                                                        
                                BY WAYS AND MEANS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO  PERMITS  FOR  OVERWEIGHT  VEHICLE  LOADS;  PROVIDING  LEGISLATIVE
  3        INTENT;  AMENDING  SECTION  49-432, IDAHO CODE, TO PROVIDE FOR ISSUANCE OF
  4        PERMITS IN LIEU OF A REGISTRATION FEE FOR VEHICLES WEIGHING UP TO A  MAXI-
  5        MUM OF ONE HUNDRED TWENTY-NINE THOUSAND POUNDS GROSS VEHICLE WEIGHT AND TO
  6        EXTEND  THE SCHEDULE OF THIRTY DAY TEMPORARY PERMITS; AND AMENDING SECTION
  7        49-1004, IDAHO CODE, TO PROVIDE LIMITATIONS ON SPECIAL  ANNUAL  OVERWEIGHT
  8        PERMITS  ISSUED  FOR  WEIGHTS  IN EXCESS OF ONE HUNDRED FIVE THOUSAND FIVE
  9        HUNDRED POUNDS BUT NOT EXCEEDING ONE HUNDRED TWENTY-NINE THOUSAND  POUNDS,
 10        TO  DELETE  PROVISIONS FOR SPECIAL PILOT PROJECT ROUTE PERMITS AND TO PRO-
 11        VIDE PROPER TERMINOLOGY AND A CODE REFERENCE.
                                                                        
 12    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 13        SECTION 1.  It is the intent of the Legislature to extend  the  permitting
 14    authority  of  the Idaho Transportation Department and local highway jurisdic-
 15    tions for special permits issued on overweight loads to include loads weighing
 16    over one hundred five thousand five hundred (105,500) pounds but not exceeding
 17    one hundred twenty-nine thousand (129,000) pounds,  for  operation  on  routes
 18    designated  as  red  routes  on  the Idaho Transportation Department's  extra-
 19    length combinations map. However, due to  geographical,  safety  and  economic
 20    issues,  there  is  a need to examine these concerns more closely to determine
 21    how red routes located in north Idaho are affected. It is therefore the intent
 22    of the Legislature to authorize special permits for operation of  these  over-
 23    weight and oversize loads on all red routes lying south of the cities of Coun-
 24    cil,  Salmon  and  Ashton, but to withhold such authorization for operation on
 25    red routes located north of such cities  pending  a  thorough  review  by  the
 26    department, the Legislature and other interested parties.
                                                                        
 27        SECTION  2.  That  Section  49-432, Idaho Code, be, and the same is hereby
 28    amended to read as follows:
                                                                        
 29        49-432.  TEMPORARY REGISTRATION FOR RESIDENTS AND  NONRESIDENTS  --  FEES.
 30    (1) When a vehicle or combination of vehicles subject to registration is to be
 31    moved upon the public highways in the state of Idaho, the department may issue
 32    a  permit  in  lieu of registration for any vehicle or combination of vehicles
 33    upon the payment of a fee as set forth in the following schedule:
 34        (a)  One hundred twenty (120) hour permit
 35             Single vehicle ................................................$30.00
 36             Combination of vehicles .......................................$60.00
 37        (b)  Fuel permit ...................................................$30.00
 38        (2)  Permits to operate a vehicle or combination of vehicles in excess  of
 39    the registered maximum gross vehicle weight up to a maximum of one hundred six
 40    twenty-nine thousand (10629,000) pounds gross vehicle weight shall be:
 41        (a)  One  hundred  twenty  (120)  hour  permit  to  increase  gross weight
 42        ................................................................... $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 transferable or
 16    apportionable  to  any other vehicle, nor shall any such fee be refundable. At
 17    the time of purchasing a permit, the applicant may purchase additional permits
 18    in any combination which does not exceed a maximum of ninety (90) days.
 19        (3)  A temporary permit shall be in a form, and issued under rules adopted
 20    by the board, and shall be displayed at all times while the vehicle  is  being
 21    operated  on  the  highways  by posting the permit upon the windshield of each
 22    vehicle or in another prominent place, where it may be readily legible.
 23        (4)  Any permit issued pursuant to subsection (2) of this section shall be
 24    purchased prior to movement of the vehicle on a highway, and such permit shall
 25    be in addition to and available only to a vehicle which is currently and  val-
 26    idly   registered   in   Idaho   pursuant  to  section  49-432(1),  49-434(1),
 27    49-434(8)(c) or 49-435, Idaho Code.
 28        (5)  The department may select vendors to serve as agents on  state  high-
 29    ways for the purpose of selling permits where fixed ports of entry do not ade-
 30    quately  serve  a  respective  highway entering the state. The vendor shall be
 31    remunerated at the rate of three dollars ($3.00) per permit sold, and he shall
 32    collect the fees specified in this section, and pay the fees  to  the  depart-
 33    ment.  The  vendor  shall guarantee payment by giving a bond to the state in a
 34    sum as shall be fixed by the board, the premium on the bond to be paid by  the
 35    department.
 36        (6)  An  owner-operator  vehicle  moving  between  lessee fleets where the
 37    vehicle registration was issued in the name of the  former  lessee,  shall  be
 38    eligible  for  a one hundred twenty (120) hour permit for the unladen movement
 39    from the point of entry into the state to the destination of the new  lessee's
 40    place of business.
                                                                        
 41        SECTION  3.  That  Section 49-1004, Idaho Code, be, and the same is hereby
 42    amended to read as follows:
                                                                        
 43        49-1004.  PERMITS FOR OVERWEIGHT OR OVERSIZE LOADS. (1)  Upon  application
 44    in  writing  to  the board or other proper authorities in charge of, or having
 45    jurisdiction over a highway, the board or authorities may in their  discretion
 46    issue  a special permit to the owner or operator of any vehicle allowing vehi-
 47    cles or loads having a greater weight or size than  permitted  by  law  to  be
 48    moved or carried over and on the highways and bridges.
 49        (a)  Special permits shall be in writing and may limit the time of use and
 50        operation  over the particular highways and bridges which may be traversed
 51        and may contain any special conditions  and  require  any  undertaking  or
 52        other  security  as  the  board or other proper authority shall deem to be
                                                                        
                                           3
                                                                        
  1        necessary to protect the highways and  bridges  from  injury,  or  provide
  2        indemnity for any injury to highways and bridges or to persons or property
  3        resulting from such operation.
  4        (b)  Special  annual  permits  may  be issued for weights in excess of one
  5        hundred five thousand five hundred (105,500) pounds but not exceeding  one
  6        hundred  twenty-nine  thousand  (129,000) pounds, on any state or nonstate
  7        route designated as a red route on the department's extra-length  combina-
  8        tions map, located south of the cities of Council, Salmon and Ashton. Per-
  9        mits issued pursuant to this subsection (1)(b) shall not exceed fifty dol-
 10        lars ($50.00).
 11        (c)  The  owner  or  operator  of  an overweight or oversize vehicle shall
 12        obtain a  permit,  or  shall  establish  intent  to  obtain  a  permit  by
 13        contacting a permit office and receiving a permit number before moving the
 14        vehicle on the highways.
 15        (cd)  All special permits or evidence of intent to obtain a permit,  shall
 16        be  carried  in  the vehicles to which they refer and shall upon demand be
 17        delivered for inspection to any peace officer,  authorized  agent  of  the
 18        board  or  any  officer or employee charged with the care or protection of
 19        the highways.
 20        (2)  Nonreducible   vehicles   or   combinations   of   vehicles   hauling
 21    nonreducible  loads at weights  in  excess  of  those  set  forth  in  section
 22    49-1001,  Idaho Code, shall pay fees as set forth in this subsection (2). Such
 23    fees are based on the number of axles on the vehicle or combination  of  vehi-
 24    cles and the total gross weight.
 25                              Column 1                    Column 2
 26                       Gross weight of vehicle     Gross weight of vehicle
 27    Number of axles      and load in pounds          and load in pounds
 28           2                    40,001                        -
 29           3                    54,001                        -
 30           4                    68,001                        -
 31           5                    80,001                     131,001
 32           6                    97,001                     148,001
 33           7                   114,001                     165,001
 34        (a)  To  determine the maximum allowable permit fee for vehicles with more
 35        than seven (7) axles, the table can be extended by adding seventeen  thou-
 36        sand (17,000) pounds to the last listed weight in both columns 1 and 2 for
 37        each added axle.
 38        (b)  Permit  fees for column 1 shall start at four cents (4) per mile and
 39        increase four cents (4) per mile for each additional two thousand (2,000)
 40        pound increment up to the weight indicated in column 2.  Permit  fees  for
 41        column  2  shall  start  at  one dollar and two cents ($1.02) per mile and
 42        increase seven cents (7)  per  mile  for  each  additional  two  thousand
 43        (2,000) pound increment.
 44        (c)  Vehicles operating at weights less than the starting weights per axle
 45        configuration  listed  in  column  1  shall be charged four cents (4) per
 46        mile.
 47        (d)  For vehicles operating with axles wider than eight (8) feet  six  (6)
 48        inches  or  axles  with  more than four (4) tires per axle, the fee may be
 49        reduced by the board or other proper authority having jurisdiction over  a
 50        highway.
 51        (e)  From  July  1,  1998, through June 30, 1999, the fee charged per mile
 52        pursuant to this subsection shall be assessed at one-half (1/2) the calcu-
 53        lated fee. On and after July 1, 1999, the fee charged per  mile  shall  be
 54        calculated and assessed in accordance with this subsection.
 55        (3)  It shall be unlawful for any person to violate, or to cause or permit
                                                                        
                                           4
                                                                        
  1    to  be  violated,  the  limitations  or conditions of special permits and  any
  2    violation shall be deemed for all purposes to be a violation of the provisions
  3    of this chapter.
  4        (4)  A special pilot project route  permit  authorizing  travel  on  pilot
  5    project routes may be issued by the board or a local public highway agency for
  6    operation  of  vehicles with a legal maximum gross weight of at least one hun-
  7    dred five thousand five hundred one (105,501) pounds  but  not  exceeding  one
  8    hundred  twenty-nine  thousand  (129,000) pounds. Such pilot project routes on
  9    nonstate and noninterstate highways shall be determined by the  local  highway
 10    agency  for  those roads under its jurisdiction, based on criteria established
 11    by the board. No local public highway agency shall  approve  a  pilot  project
 12    route  which  provides  a thoroughfare for interstate carriers to pass through
 13    the state. State pilot project routes designated by the board based on  crite-
 14    ria  established  by  the  board  and identified on a map entitled "Designated
 15    Pilot Project Routes" are:
 16        (a)  Ashton to Kimberly to Twin Falls to Nevada using US-20, US-30, SH-33,
 17        US-93, SH-25, SH-50 and SH-74.
 18        (b)  Interstate 15 to Wyoming or Utah border using US-30, SH-34 and US-91.
 19    Additions or deletions to the approved state pilot project routes specified in
 20    paragraphs (a) and (b) of this subsection (4) shall  be  made  only  with  the
 21    approval of the state legislature.
 22        (5)  An  annual  administrative  permit fee for operating on pilot project
 23    routes at the weights specified in subsection (4) of this section shall be set
 24    by the board for travel on state pilot project routes and by the local  public
 25    highway  agency for travel on routes under its jurisdiction, but not to exceed
 26    a maximum of fifty dollars ($50.00) per vehicle. The annual permit shall cover
 27    administrative costs. Local public highway agencies are authorized to  request
 28    the  department  to  issue  permits  on  their behalf. Permit fees for permits
 29    issued by the department shall be retained by the department to cover adminis-
 30    trative costs. In addition to the annual administrative  permit  fee  and  the
 31    weight-distance  fee  for weights up to one hundred five thousand five hundred
 32    (105,500) pounds, the appropriate  weight-distance  The  vehicle  registration
 33    fees  for weights over one hundred five thousand five hundred (105,500) pounds
 34    shall be calculated and collected in accordance with  the  fee  schedules  set
 35    forth in section 49-432 or section 49-434, Idaho Code.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 13009C2
This legislation will amend Sec. 49-432 and Sec. 49-1004, Idaho
Code, to provide limitations on special annual overweight permits
issued for weights in excess of one hundred five thousand
(105,000)pounds but not to exceed one hundred twenty-nine
thousand (129,000) pounds.
                          FISCAL IMPACT
No fiscal impact to the general fund.  Administrative costs to
permitting authorities is compensated by permit fees.


Contact
Name: Rep. JoAn Wood 
Phone: 208-332-1000




STATEMENT OF PURPOSE/FISCAL NOTE         H 282