Print Friendly HOUSE BILL NO. 395 – Vehicle, up to 129,000 lbs, permits
HOUSE BILL NO. 395
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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,
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,
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
|||| 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 (1 0629,000) pounds gross vehicle weight shall be:
36 (a) One hundred twenty (120) hour permit to increase gross weight .......
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 $225 0 $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
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
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
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
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-
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"
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
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
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 p Permit
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.
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
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
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