2007 Legislation
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SENATE BILL NO. 1138 – MV/overweight, pilot project routes

SENATE BILL NO. 1138

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Bill Status



S1138.....................................................by TRANSPORTATION
OVERWEIGHT VEHICLES - PILOT PROJECT ROUTES - Amends existing law relating
to special pilot project routes and permits for overweight vehicle loads to
revise and add to the list of designated state special pilot project
routes.
                                                                        
02/12    Senate intro - 1st rdg - to printing
02/13    Rpt prt - to Transp
03/14    Rpt out - rec d/p - to 2nd rdg
03/15    2nd rdg - to 3rd rdg - Rls susp
03/19    PASSED - 24-8-3
      AYES -- Bair, Bastian, Cameron, Coiner, Corder, Darrington, Davis,
      Fulcher, Geddes, Goedde, Hammond, Heinrich, Jorgenson, Kelly, Keough,
      Langhorst, Little, Lodge, McGee, McKague, McKenzie, Pearce,
      Richardson, Siddoway
      NAYS -- Andreason, Bilyeu, Broadsword, Burkett, Hill, Schroeder,
      Stegner, Werk
      Absent and excused -- Gannon, Malepeai, Stennett
    Floor Sponsor - McGee
    Title apvd - to House
03/19    House intro - 1st rdg - to Transp
03/21    Rpt out - rec d/p - to 2nd rdg
03/22    2nd rdg - to 3rd rdg
03/26    3rd rdg - PASSED - 49-18-3
      AYES -- Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black, Bolz,
      Brackett, Bradford, Chadderdon, Clark, Collins, Crane, Durst,
      Eskridge, Hagedorn, Hart, Henderson, Kren, Labrador, Lake,
      Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle,
      Nielsen, Nonini, Patrick, Pence, Raybould, Ring, Roberts, Schaefer,
      Shepherd(8), Shirley, Shively, Smith(30), Snodgrass, Stevenson,
      Thayn, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
      NAYS -- Block, Bock, Boe, Chavez, Chew, Harwood, Henbest, Jaquet,
      Killen, King, LeFavour, Pasley-Stuart, Ringo, Ruchti, Sayler,
      Shepherd(2), Smith(24), Trail
      Absent and excused -- Anderson, Edmunson, Rusche
    Floor Sponsor - Bedke
    Title apvd - to Senate
03/25    To enrol
03/27    Rpt enrol - Pres signed - Sp signed
03/28    To Governor
03/29    Governor signed
         Session Law Chapter 257
         Effective: 07/01/07

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1138
                                                                        
                                BY TRANSPORTATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SPECIAL PILOT PROJECT ROUTES AND PERMITS  FOR  OVERWEIGHT  VEHICLE
  3        LOADS; AMENDING SECTION 49-1004, IDAHO CODE, TO REVISE AND ADD TO THE LIST
  4        OF DESIGNATED STATE SPECIAL PILOT PROJECT ROUTES.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION  1.  That  Section 49-1004, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
                                                                        
  8        49-1004.  PERMITS FOR OVERWEIGHT OR OVERSIZE LOADS -- SPECIAL PILOT  PROJ-
  9    ECT ROUTES AND ANNUAL PERMITS. (1) Upon application in writing to the board or
 10    other  proper authorities in charge of, or having jurisdiction over a highway,
 11    the board or authorities may in their discretion issue a special permit to the
 12    owner or operator of any vehicle allowing vehicles or loads having  a  greater
 13    weight  or  size  than permitted by law to be moved or carried over and on the
 14    highways and bridges.
 15        (a)  Special permits shall be in writing and may limit the time of use and
 16        operation over the particular highways and bridges which may be  traversed
 17        and  may  contain  any  special  conditions and require any undertaking or
 18        other security as the board or other proper authority  shall  deem  to  be
 19        necessary  to  protect  the  highways  and bridges from injury, or provide
 20        indemnity for any injury to highways and bridges or to persons or property
 21        resulting from such operation.
 22        (b)  The owner or operator of an  overweight  or  oversize  vehicle  shall
 23        obtain  a  permit,  or  shall  establish  intent  to  obtain  a  permit by
 24        contacting a permit office and receiving a permit number before moving the
 25        vehicle on the highways.
 26        (c)  All special permits or evidence of intent to obtain a permit,   shall
 27        be  carried  in  the vehicles to which they refer and shall upon demand be
 28        delivered for inspection to any peace officer,  authorized  agent  of  the
 29        board  or  any  officer or employee charged with the care or protection of
 30        the highways.
 31        (2)  Nonreducible   vehicles   or   combinations   of   vehicles   hauling
 32    nonreducible  loads at weights  in  excess  of  those  set  forth  in  section
 33    49-1001,  Idaho Code, shall pay fees as set forth in this subsection (2). Such
 34    fees are based on the number of axles on the vehicle or combination  of  vehi-
 35    cles and the total gross weight.
 36                              Column 1                    Column 2
 37                       Gross weight of vehicle     Gross weight of vehicle
 38    Number of axles      and load in pounds          and load in pounds
 39           2                    40,001                        -
 40           3                    54,001                        -
 41           4                    68,001                        -
 42           5                    80,001                     131,001
 43           6                    97,001                     148,001
                                                                        
                                       2
                                                                        
  1                              Column 1                    Column 2
  2                       Gross weight of vehicle     Gross weight of vehicle
  3    Number of axles      and load in pounds          and load in pounds
  4           7                   114,001                     165,001
  5        (a)  To determine the maximum allowable permit fee for vehicles with more
  6        than  seven (7) axles, the table can be extended by adding seventeen thou-
  7        sand (17,000) pounds to the last listed weight in both columns 1 and 2 for
  8        each added axle.
  9        (b)  Permit fees for column 1 shall start at four cents (4¢) per mile  and
 10        increase four cents (4¢) per mile for each additional two thousand (2,000)
 11        pound  increment  up  to the weight indicated in column 2. Permit fees for
 12        column 2 shall start at one dollar and two  cents  ($1.02)  per  mile  and
 13        increase  seven  cents  (7¢)  per  mile  for  each additional two thousand
 14        (2,000) pound increment.
 15        (c)  Vehicles operating at weights less than the starting weights per axle
 16        configuration listed in column 1 shall be  charged  four  cents  (4¢)  per
 17        mile.
 18        (d)  For  vehicles  operating with axles wider than eight (8) feet six (6)
 19        inches or axles with more than four (4) tires per axle,  the  fee  may  be
 20        reduced  by the board or other proper authority having jurisdiction over a
 21        highway.
 22        (3)  It shall be unlawful for any person to violate, or to cause or permit
 23    to be violated, the limitations or conditions  of  special  permits  and   any
 24    violation shall be deemed for all purposes to be a violation of the provisions
 25    of this chapter.
 26        (4)  An  annual  special  pilot project route permit authorizing travel on
 27    pilot project routes shall be issued by the board or may, in  its  discretion,
 28    be  issued  by  a local public highway agency for operation of vehicles with a
 29    legal maximum gross weight of at least one hundred five thousand five  hundred
 30    one  (105,501)  pounds  but  not  exceeding  one  hundred twenty-nine thousand
 31    (129,000) pounds. Such pilot project  routes  on  nonstate  and  noninterstate
 32    highways shall be determined by the local highway agency for those roads under
 33    its jurisdiction. No local public highway agency shall approve a pilot project
 34    route  which  provides  a thoroughfare for interstate carriers to pass through
 35    the state. State pilot project routes designated by the legislature and  iden-
 36    tified on a map entitled "Designated Pilot Project Routes" are:
 37        (a)  Ashton  Montana  border to Kimberly to Twin Falls to Nevada using US-
 38        20, US-30, SH-33, US-93, SH-25, SH-50 and SH-74.
 39        (b)  US-91 from its junction with SH-34 to the Utah border.
 40        (c)  US-30 from its junction with I-15 to the Wyoming border.
 41        (d)  US-95 south from Fruitland to junction with SH-55.
 42        (e)  SH-19 between Wilder and Caldwell.
 43        (f)  SH-78 between Marsing and Hammett.
 44        (g)  SH-67 from Mountain Home to junction with SH-78 at Grandview.
 45        (h)  SH-55 from intersection with Farmway Road to junction with US-95.
 46        (i)  SH-25 from the intersection of SH-24 to Paul.
 47        (j)  SH-25 from intersection with US-93 to Hazelton.
 48        (k)  SH-24 from intersection with US-93 to intersection with SH-25.
 49        (l)  US-20 from its intersection with New Sweden Road to its junction with
 50        SH-22/33.
 51        (m)  SH-34 from milepost 78 to the junction with US-91.
 52        (n)  US-26 from the intersection with 45th West to the junction  with  US-
 53        91;  and US-26 from its junction with US-91 north to its intersection with
 54        Gallatin/West 23rd Street in Idaho Falls.
 55        (o)  US-91 from the intersection with Canyon Road to the junction with US-
                                                                        
                                       3
                                                                        
  1        26.
  2        (p)  SH-22 from Dubois to the junction with SH-33.
  3        (q)  SH-45 from junction with SH-78 to  intersection  with  I-84  business
  4        loop;  I-84 business loop to intersection with SH-55; SH-55 to I-84 inter-
  5        change no. 35 Nampa Boulevard.
  6        (r)  SH-87 from Montana border to junction with US-20.
  7        (s)  SH-33 from Victor to junction with US-20.
  8        (t)  SH-28 from junction with SH-22 to junction with SH-33.
  9        (u)  SH-38 from milepost 0.689 to milepost 1.318 at Malad.
 10        (v)  SH-27 from junction with SH-25 at Paul to Oakley.
 11        (w)  SH-81 from Malta to junction with US-30 at Burley.
 12        (x)  US-30 from junction with SH-81 at Burley to junction  with  SH-50  at
 13        Kimberly.
 14        (y)  US-93  spur  from  junction with US-30 to junction with US-93 at Twin
 15        Falls.
 16        (z)  US-93 from junction with US-93 spur to junction with  US-30  at  Twin
 17        Falls.
 18        (aa) US-30  from  junction  with SH-74 at Twin Falls to junction with I-84
 19        business loop at Bliss.
 20        (bb) US-26 from junction with SH-75 at Shoshone to eastbound exit of  I-84
 21        interchange  no.  141  at Bliss; I-84 business loop from eastbound exit of
 22        I-84 to junction with US-30 at Bliss.
 23        (cc) SH-46 spur from junction with SH-46 at Wendell  to  I-84  interchange
 24        no. 155.
 25        (dd) SH-46  from  junction  with  US-20  to  I-84  interchange  no. 157 at
 26        Wendell.
 27        (ee) US-20 from junction with US-93 at Carey to junction with  I-84  busi-
 28        ness  loop  at  interchange  95; I-84 business loop from interchange 95 to
 29        junction with SH-51; SH-51 to junction with SH-67.
 30        (ff) SH-51 from junction with SH-67 to junction with SH-78.
 31        (gg) SH-44 from junction with SH-55 at Eagle to junction with I-84  inter-
 32        change no. 25.
 33        (hh) US-20/26  from  junction  with  US-95  at Parma to junction with I-84
 34        interchange no. 26.
 35    Additions or deletions to the approved state pilot project routes specified in
 36    this subsection (4) shall be made only with the approval of the state legisla-
 37    ture.
 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 issue special pilot project permits and such permits shall be in
 45    writing. Administrative permit fees for permits issued by a local public high-
 46    way agency shall be retained by the  local  public  highway  agency  to  cover
 47    administrative costs, and administrative permit fees for permits issued by the
 48    department  shall be retained by the department to cover administrative costs.
 49    In addition to the annual administrative permit fee and the appropriate regis-
 50    tration fee for weights up to one hundred five thousand five hundred (105,500)
 51    pounds, the appropriate vehicle registration fees for weights over one hundred
 52    five thousand five hundred (105,500) pounds shall be calculated and  collected
 53    in  accordance  with  the fee schedules set forth in section 49-432 or 49-434,
 54    Idaho Code.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS 16988C2

This legislation amends Section 49-1004, Idaho Code, relating to
the special pilot project routes and permits for 129,000 pound
overweight vehicle loads. The bill will add to the list of
designated state special pilot project routes in southern Idaho. 


                           FISCAL NOTE

There is no fiscal impact to the general fund.



Contact
Name:     Roy Eiguren, Amalgamated Sugar Company 
Phone:    208-388-1200

          Senator John McGee
          208-332-1000

          Representative Scott Bedke
          208-332-1120


STATEMENT OF PURPOSE/FISCAL NOTE                        S 1138