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S1049.....................................................by TRANSPORTATION
COMMERCIAL VEHICLES - Amends existing law to delete provisions for
prequalification of variable load suspension axles; and to allow variable
load suspension axles to be nonsteering when not exceeding five feet from
the remaining axle group.
01/26 Senate intro - 1st rdg - to printing
01/29 Rpt prt - to Transp
02/02 Rpt out - rec d/p - to 2nd rdg
02/05 2nd rdg - to 3rd rdg
02/06 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce,
Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- None
Floor Sponsor - Malepeai
Title apvd - to House
02/07 House intro - 1st rdg - to Transp
02/23 Rpt out - rec d/p - to 2nd rdg
02/26 2nd rdg - to 3rd rdg
03/06 3rd rdg - PASSED - 67-0-3
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
Clark, Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart,
Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Lake,
LeFavour, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle,
Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring,
Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2),
Shepherd(8), Shirley, Shively, Smith(30), Snodgrass, Stevenson,
Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Labrador, Loertscher, Smith(24)
Floor Sponsor - Wood(35)
Title apvd - to Senate
03/07 To enrol
03/08 Rpt enrol - Pres signed - Sp signed
03/09 To Governor
03/13 Governor signed
Session Law Chapter 65
Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1049
BY TRANSPORTATION COMMITTEE
1 AN ACT
2 RELATING TO ALLOWABLE GROSS LOADS; AMENDING SECTION 49-1001, IDAHO CODE, TO
3 DELETE PROVISIONS ALLOWING FOR PREQUALIFICATION OF VARIABLE LOAD SUSPEN-
4 SION AXLES AND TO ALLOW VARIABLE LOAD SUSPENSION AXLES TO BE NONSTEERING
5 WHEN NOT EXCEEDING FIVE FEET FROM THE REMAINING AXLE GROUP AND TO MAKE A
6 TECHNICAL CORRECTION.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 49-1001, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 49-1001. ALLOWABLE GROSS LOADS. The gross load imposed on the highway by
11 any vehicle or combination of vehicles shall not exceed the limits in this
12 section. The maximum single axle gross weight shall be twenty thousand
13 (20,000) pounds, the maximum single wheel gross weight shall be ten thousand
14 (10,000) pounds and the maximum gross vehicle or combination weight shall be
15 one hundred five thousand five hundred (105,500) pounds, provided that maximum
16 gross vehicle or combination weight on United States federal interstate and
17 defense highways of this state shall not exceed eighty thousand (80,000)
18 pounds, except as permitted under the provisions of section 49-1004, Idaho
19 Code.
20 (1) The total gross weight imposed on the highway by any group of consec-
21 utive axles shall be determined by the following formula:
22 W=500((LN/N-1)+12N+36)
23 Where W is the maximum weight in pounds (to the nearest 500 pounds) car-
24 ried on any group of two (2) or more consecutive axles. L is the distance in
25 feet between the extremes of any group of two (2) or more consecutive axles,
26 and N is the number of axles under consideration.
2
1 FOR A COPY OF THIS TABLE, PLEASE CONTACT CHARMI ARREGUI IN THE LEGISLATIVE
2 SERVICES OFFICE (208-334-2475).
3 FOR A COPY OF THE PRINTED BILL, WHICH WILL CONTAIN THE TABLE, PLEASE CONTACT
4 THE LEGISLATIVE MAIL CENTER (208-332-1401).
3
1 FOR A COPY OF THIS TABLE, PLEASE CONTACT CHARMI ARREGUI IN THE LEGISLATIVE
2 SERVICES OFFICE (208-334-2475).
3 FOR A COPY OF THE PRINTED BILL, WHICH WILL CONTAIN THE TABLE, PLEASE CONTACT
4 THE LEGISLATIVE MAIL CENTER (208-332-1401).
4
1 (a) A public highway agency may limit the application of the weights
2 authorized in this section as to certain highways within its urisdiction
3 jurisdiction which it determines have limited structural capacity of pave-
4 ments, bridges, or other appurtenances. In designating such highways, it
5 may specify a minimum wheelbase for combinations to be operated thereon.
6 It may also designate specific highways or portions on which operation of
7 a combination of vehicles with seven (7) through thirteen (13) axles will
8 be subject to specified lesser allowable gross weights.
9 (b) Notwithstanding the figures shown in the table in this subsection
10 (1), two (2) consecutive sets of tandem axles may carry a gross load of
11 thirty-four thousand (34,000) pounds each, providing the overall distance
12 between the first and last axles of such consecutive sets of tandem axles
13 is thirty-six (36) feet or more.
14 (c) Vehicles may operate with reducible loads at gross weights greater
15 than one hundred five thousand five hundred (105,500) pounds but not
16 exceeding one hundred twenty-nine thousand (129,000) pounds on noninter-
17 state highways in accordance with the provisions of section 49-1004, Idaho
18 Code, provided such vehicles are in compliance with the weight formula
19 specified in this subsection (1) of this section, have registered and have
20 paid the registration fees as specified in section 49-434, Idaho Code, and
21 are in compliance with the length restrictions set forth in section
22 49-1010(7), Idaho Code.
23 (2) The weight limitations set forth in the table in subsection (1) of
24 this section shall not apply to any vehicle, or combination of vehicles when a
25 greater allowed weight in pounds would be permitted such vehicles under the
26 table provided in this subsection, except that with regard to transportation
27 on the United States federal interstate and defense highways of this state,
28 the following table of allowable weights shall apply only to vehicles engaged
29 in the transportation of logs, pulp wood, stull, rough lumber, poles or pil-
30 ing; or to any such vehicle engaged in the transportation of ores, concen-
31 trates, sand and gravel and aggregates thereof, in bulk; or to any such vehi-
32 cle engaged in the transportation of agricultural commodities, including live-
33 stock:
34 Distance in feet between Allowed Load in Pounds
35 the extremes of any group Vehicles with Vehicles with
36 of 2 or more consecutive Three or Four Five or more
37 axles axles axles
38 3 through 12 37,800 37,800
39 13 56,470 56,470
40 14 57,940 57,940
41 15 59,400 59,400
42 16 60,610 60,610
43 17 61,820 61,820
44 18 63,140 63,140
45 19 64,350 64,350
46 20 65,450 65,450
47 21 66,000 66,330
48 22 66,000 67,250
49 23 66,000 67,880
50 24 66,000 68,510
51 25 66,000 69,150
52 26 66,000 69,770
53 27 66,000 70,400
54 28 66,000 70,950
55 29 66,000 71,500
5
1 Distance in feet between Allowed Load in Pounds
2 the extremes of any group Vehicles with Vehicles with
3 of 2 or more consecutive Three or Four Five or more
4 axles axles axles
5 30 66,000 72,050
6 31 72,600
7 32 73,150
8 33 73,700
9 34 74,250
10 35 74,800
11 36 75,350
12 37 75,900
13 38 76,450
14 39 77,000
15 40 77,550
16 41 78,100
17 42 78,650
18 43 and over 79,000
19 The weight allowances provided in this subsection do not apply if the total
20 gross weight of a vehicle or combination of vehicles is intended to exceed
21 seventy-nine thousand (79,000) pounds as declared by the operator. When the
22 provisions of this subsection are applicable to a vehicle or combination of
23 vehicles, it shall be a violation of the provisions of this subsection if that
24 vehicle or combination of vehicles exceeds the weights specified in this
25 table.
26 (3) In determining the gross weight of a vehicle or the gross weight of
27 any two (2) or more consecutive axles under subsection (1) or (2) or (9) of
28 this section, the total gross weight of the vehicle or combination of vehicles
29 or the gross weight of any two (2) or more consecutive axles shall be the sum
30 of the axle weights.
31 For the purposes of this chapter the gross weight of a vehicle or the
32 gross weight of any two (2) or more consecutive axles may be determined by
33 accumulatively adding the separate weights of individual axles and tandem
34 axles or groups of axles to determine gross weight. The results of any weigh-
35 ing at a temporary or permanent port of entry and the records relating to the
36 calibration and accuracy of any scale at a temporary or permanent port of
37 entry shall be admissible in any proceeding in this state. In order to prove a
38 violation of the provisions of this section the state must show that:
39 (a) The sum of the axle weights exceeds what is allowable under the pro-
40 visions of subsection (1) or (2) or (9) of this section;
41 (b) The scale involved in the weighing was at the time of weighing cali-
42 brated in conformity with and met the accuracy requirements of the stan-
43 dards for the enforcement of traffic and highway laws as set forth in the
44 latest edition of handbook 44 of the national institute of standards and
45 technology;
46 (c) Weights of individual axles or axles within a commonly suspended
47 group of axles supported by a mechanical system designed to distribute
48 equal wheel loads to individual axles in the group were utilized only to
49 determine gross weights of that group of axles, and that any further eval-
50 uation of gross weights of combinations of axles considered only the accu-
51 mulated gross weight of each such commonly suspended group of axles.
52 (4) In applying the weight limitations imposed in this section, a vehicle
53 or combination of vehicles must comply exclusively with the weight limitations
54 in either subsection (1) or (2) or (9) of this section.
55 (5) In applying the weight limitations imposed in this section, the dis-
6
1 tance between axles shall be measured to the nearest even foot. When a frac-
2 tion is exactly one-half (1/2) foot the next larger whole number shall be
3 used.
4 (6) The limitations imposed in this section are in addition and supple-
5 mental to all other laws imposing limitations upon the size and weight of
6 vehicles. Further, single axles within groups of axles are subject to the pro-
7 visions and limitations of this chapter. Single axles within groups of axles
8 may be weighed and evaluated separately, or single axles may be prequalified
9 in accordance with rules or ordinances established by the board or other pub-
10 lic road jurisdiction, if any of the following conditions exist regarding the
11 single axle within a group of axles:
12 (a) A suspension system common to all axles in the group of axles does
13 not exist.
14 (b) One (1) or more axles in the group of axles is equipped with separate
15 variable load suspension controls to regulate the weight carried by indi-
16 vidual axles.
17 (c) One (1) or more axles in a group of axles is equipped with more or
18 fewer tires than other axles in the group of axles.
19 (d) All tires in the group of axles are not the same size as determined
20 by the manufacturer's sidewall rating.
21 (7) Notwithstanding the other provisions of this chapter, no vehicle,
22 motor vehicle, trailer and/or semitrailer, or combination thereof, may be
23 operated on the public highways of the state under loads which would result in
24 the withholding of funds by operation of controlling federal law as provided
25 in the Federal Aid Highway Act of 1956, as amended.
26 (8) Except as provided herein, no vehicle or combination of vehicles may
27 proceed past the place of weighing at temporary or permanent ports of entry or
28 checking stations when: the weight of a single axle exceeds the maximum limi-
29 tations set forth herein by two thousand (2,000) pounds or more; the weight of
30 a combination of axles, or gross vehicle weight exceeds the maximum allowable
31 weight as set forth herein by seven percent (7%) or more. Vehicles or combina-
32 tions of vehicles which exceed the weight limitations set forth herein shall
33 be required to be brought into compliance with applicable weight limitations
34 contained within this subsection at the place of weighing prior to continuing,
35 except those vehicles or combinations of vehicles which are transporting loads
36 which, in the determination of the board or other proper authorities in charge
37 of or having jurisdiction over a highway, are deemed unsafe or impractical to
38 bring into compliance at the place of weighing, and except those vehicles
39 which do not exceed fifteen percent (15%) over maximum axle and axle group
40 weights set forth in this section. Vehicles or combinations of vehicles trans-
41 porting loads in this latter category shall obtain a travel authorization to
42 the nearest place of safe unloading, load adjustment or other means of
43 legalization.
44 (a) Neither the state of Idaho or its employees, nor any authority and
45 its employees in charge of or having jurisdiction over a highway, shall be
46 held liable for personal injury or property damage resulting from the
47 requirements of section 49-1001(8), Idaho Code.
48 (b) The fee for a travel authorization as set forth above shall be fifty
49 dollars ($50.00) and shall be on a form prescribed by the board or other
50 proper authorities, and shall not be construed as contributing to a reduc-
51 tion in the penalties prescribed in section 49-1013, Idaho Code.
52 (c) The board or other proper authorities in charge of or having juris-
53 diction over a highway shall adopt and enforce administrative rules as may
54 be necessary to carry out the provisions of this section.
55 (9) For vehicles on all highways except the United States federal inter-
7
1 state and defense highways of this state, the following table shall apply:
2 Distance in feet between Allowed Load in Pounds
3 the extremes of any group Vehicles with Vehicles with
4 of 2 or more consecutive Three or Four Five or more
5 axles axles axles
6 3 through 12 37,800 37,800
7 13 56,470 56,470
8 14 57,940 57,940
9 15 59,400 59,400
10 16 60,610 60,610
11 17 61,820 61,820
12 18 63,140 63,140
13 19 64,350 64,350
14 20 65,450 65,450
15 21 66,000 66,330
16 22 66,000 67,250
17 23 66,000 67,880
18 24 66,000 68,510
19 25 66,000 69,150
20 26 66,000 69,770
21 27 66,000 70,400
22 28 66,000 70,950
23 29 66,000 71,500
24 30 66,000 72,050
25 31 72,600
26 32 73,150
27 33 73,700
28 34 74,250
29 35 74,800
30 36 75,350
31 37 75,900
32 38 76,450
33 39 77,000
34 40 77,550
35 41 78,100
36 42 78,650
37 43 and over 80,000
38 The weight allowances provided in this subsection do not apply if the total
39 gross weight of a vehicle or combination of vehicles is intended to exceed
40 eighty thousand (80,000) pounds as declared by the operator. When the provi-
41 sions of this subsection are applicable to a vehicle or combination of vehi-
42 cles, it shall be a violation of the provisions of this subsection if that
43 vehicle or combination of vehicles exceeds the weights specified in this
44 table.
45 (10) When owned by or under contract to or under authority of a city,
46 county, or state agency, refuse/sanitation trucks transporting refuse may be
47 operated on public highways in accordance with the weights allowed in subsec-
48 tion (9) of this section, except that such trucks equipped with single rear
49 axles are allowed twenty-four thousand (24,000) pounds on that single rear
50 axle when specifically authorized by the public highway agency governing the
51 highways over which the refuse/sanitation truck is operating and provided the
52 following conditions are met:
53 (a) The weight allowances provided for in this subsection shall not apply
54 to the United States federal interstate and defense highways of the state;
55 and
8
1 (b) The owner or operator has paid an annual operating fee for a permit,
2 not to exceed fifty dollars ($50.00) per refuse/sanitation truck to each
3 public agency governing the public highways over which the
4 refuse/sanitation truck operates. The permit shall be carried in the
5 refuse/sanitation truck. The permit fee may be waived by a public agency
6 for refuse/sanitation trucks operated over public highways under that
7 agency's jurisdiction.
8 (11) Variable load suspension axles shall meet the following criteria in
9 order to be included in the computation of gross vehicle or axle weight limits
10 for vehicles under the provisions of this section:
11 (a) The deployment control switch for such axles may be located inside of
12 the driver's compartment but the pressure regulator valve for the opera-
13 tion of pressure on the pavement shall be located outside of and inacces-
14 sible to the driver's compartment.
15 (b) The manufacturer's gross axle weight rating of each such axle must
16 not be less than the actual loading of the axle.
17 (c) All variable load suspension axles mounted on a vehicle after January
18 1, 1990, shall be designed to be self-steering; in a manner that will
19 guide or direct the variable load suspension mounted wheels through a
20 turning movement without undue tire scrubbing or pavement scuffing pro-
21 vided however, variable load suspension axles that are within sixty (60)
22 inches of a drive axle or are within sixty (60) inches of a trailer axle,
23 need not be self-steering.
24 (d) The manufacturer's gross tire weight rating of each tire must not be
25 less than the actual loading of the tire.
26 (e) Variable load suspension axles must be fully deployed or fully
27 raised. For applicable definitions, see sections 49-117 and 49-123, Idaho
28 Code.
29 (12) Any person who operates a motor vehicle with a variable load suspen-
30 sion axle in violation of the provisions of this section shall be subject to
31 the penalties provided in section 49-1013, Idaho Code.
STATEMENT OF PURPOSE
RS 16526
The purpose of this legislation is to clarify when a
Variable Load Suspension (VLS) axle must be self-steering
and eliminate the provision for pre-qualification of VLS
axles.
Currently Idaho Code, Section 49-1001 (11) requires all VLS
axles to be self steering (regardless of the location), in
order for the weight on the VLS axle to be calculated into
the gross vehicle or axle weight limits of the vehicle.
VLS axles are commonly used in conjunction with tandem drive
axles, and on trailers to allow the vehicle to obtain a
higher gross weight and/or axle weights when needed.
This proposal would only require those VLS axles more than
60 inches (5 feet) from the remaining drive axles, or
trailer axles to be self steering and harmonize Idaho's
provisions with those of the state of Washington.
Currently Idaho Code 49-1001 (6) contains archaic language
authorizing the pre-qualification of VLS axles. This
proposed legislation removes that language.
FISCAL NOTE
No fiscal impact on the department or industry.
CONTACT
Name: Regina Phipps
Agency: Idaho Transportation Department
Phone: 334-8418
STATEMENT OF PURPOSE/FISCAL NOTE S 1049