Bill Text: FL H0051 | 2010 | Regular Session | Introduced

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Bill Title: Motor Vehicle Load Weight Limits

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Roads, Bridges, & Ports Policy (EDCA) [H0051 Detail]

Download: Florida-2010-H0051-Introduced.html

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HB 51

1	A bill to be entitled
2	An act relating to motor vehicle load weight limits;
3	amending s. 316.535, F.S.; requiring specified scale
4	tolerances to be applied to weight limits for vehicles on
5	highways that are not in the Interstate Highway System;
6	providing that specified tolerances do not apply to
7	cranes; providing for determination of fines for
8	violations of the total gross weight limits; amending s.
9	316.545, F.S.; revising conditions under which vehicles in
10	violation of specified gross or external bridge weight
11	limits must be unloaded; providing for a reduction in the
12	gross weight of certain vehicles equipped with idle-
13	reduction technologies when calculating a penalty for
14	exceeding maximum weight limits; requiring the operator to
15	provide certification of the weight of the idle-reduction
16	technology and to demonstrate or certify that the idle-
17	reduction technology is fully functional at all times;
18	providing an effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1. Subsection (5) of section 316.535, Florida
23	Statutes, is amended to read:
24	316.535 Maximum weights.--
25	(5) With respect to those highways not in the Interstate
26	Highway System, in all cases in which it exceeds state law in
27	effect on January 4, 1975, the overall gross weight on the
28	vehicle or combination of vehicles, including all enforcement
29	tolerances, shall be as determined by the following formula:
30
31	W = 500((LN ÷ (N-1)) + 12N + 36)
32
33	where W = overall gross weight of the vehicle to the nearest 500
34	pounds; L = distance in feet between the extreme of the external
35	axles; and N = number of axles on the vehicle. However, such
36	overall gross weight of any vehicle or combination of vehicles
37	may not exceed 80,000 pounds including all enforcement
38	tolerances. The scale tolerance provided in s. 316.545(2) shall
39	be applicable to all weight limitations of this subsection,
40	except when a vehicle exceeds the posted weight limit on a road
41	or bridge. The scale tolerance provided in s. 316.545(2) shall
42	not apply to cranes. Fines for violations of the total gross
43	weight limitations provided for in this subsection shall be
44	based on the amount by which the actual weight of the vehicle
45	and load exceeds the allowable maximum weight determined under
46	this subsection plus the scale tolerance provided in s.
47	316.545(2).
48	Section 2. Subsections (2) and (3) of section 316.545,
49	Florida Statutes, are amended to read:
50	316.545 Weight and load unlawful; special fuel and motor
51	fuel tax enforcement; inspection; penalty; review.--
52	(2)(a) Whenever an officer, upon weighing a vehicle or
53	combination of vehicles with load, determines that the axle
54	weight or gross weight is unlawful, the officer may require the
55	driver to stop the vehicle in a suitable place and remain
56	standing until a determination can be made as to the amount of
57	weight thereon and, if overloaded, the amount of penalty to be
58	assessed as provided herein. However, any gross weight over and
59	beyond 6,000 pounds beyond the maximum herein set shall be
60	unloaded and all material so unloaded shall be cared for by the
61	owner or operator of the vehicle at the risk of such owner or
62	operator. Except as otherwise provided in this chapter, to
63	facilitate compliance with and enforcement of the weight limits
64	established in s. 316.535, weight tables published pursuant to
65	s. 316.535(7) shall include a 10-percent scale tolerance and
66	shall thereby reflect the maximum scaled weights allowed any
67	vehicle or combination of vehicles. As used in this section,
68	scale tolerance means the allowable deviation from legal weights
69	established in s. 316.535. Notwithstanding any other provision
70	of the weight law, if a vehicle or combination of vehicles does
71	not exceed the gross, external bridge, or internal bridge weight
72	limits imposed in s. 316.535 and the driver of such vehicle or
73	combination of vehicles can comply with the requirements of this
74	chapter by shifting or equalizing the load on all wheels or
75	axles and does so when requested by the proper authority, the
76	driver shall not be held to be operating in violation of said
77	weight limits. Any vehicle or combination of vehicles which
78	exceeds the gross or external bridge weight limits imposed in s.
79	316.535(3), (4), or (6) over and beyond 6,000 pounds shall be
80	unloaded and all material so unloaded shall be cared for by the
81	owner or operator of the vehicle at the risk of such owner or
82	operator. Any vehicle or combination of vehicles which exceeds
83	the gross or external bridge weight limits imposed in s.
84	316.535(5) shall be unloaded and all material so unloaded shall
85	be cared for by the owner or operator of the vehicle at the risk
86	of such owner or operator.
87	(b) The officer shall inspect the license plate or
88	registration certificate of the commercial vehicle, as defined
89	in s. 316.003(66), to determine if its gross weight is in
90	compliance with the declared gross vehicle weight. If its gross
91	weight exceeds the declared weight, the penalty shall be 5 cents
92	per pound on the difference between such weights. In those cases
93	when the commercial vehicle, as defined in s. 316.003(66), is
94	being operated over the highways of the state with an expired
95	registration or with no registration from this or any other
96	jurisdiction or is not registered under the applicable
97	provisions of chapter 320, the penalty herein shall apply on the
98	basis of 5 cents per pound on that scaled weight which exceeds
99	35,000 pounds on laden truck tractor-semitrailer combinations or
100	tandem trailer truck combinations, 10,000 pounds on laden
101	straight trucks or straight truck-trailer combinations, or
102	10,000 pounds on any unladen commercial motor vehicle. If the
103	license plate or registration has not been expired for more than
104	90 days, the penalty imposed under this paragraph may not exceed
105	$1,000. In the case of special mobile equipment as defined in s.
106	316.003(48), which qualifies for the license tax provided for in
107	s. 320.08(5)(b), being operated on the highways of the state
108	with an expired registration or otherwise not properly
109	registered under the applicable provisions of chapter 320, a
110	penalty of $75 shall apply in addition to any other penalty
111	which may apply in accordance with this chapter. A vehicle found
112	in violation of this section may be detained until the owner or
113	operator produces evidence that the vehicle has been properly
114	registered. Any costs incurred by the retention of the vehicle
115	shall be the sole responsibility of the owner. A person who has
116	been assessed a penalty pursuant to this paragraph for failure
117	to have a valid vehicle registration certificate pursuant to the
118	provisions of chapter 320 is not subject to the delinquent fee
119	authorized in s. 320.07 if such person obtains a valid
120	registration certificate within 10 working days after such
121	penalty was assessed.
122	(c) Weight limits established and posted for a road or
123	bridge pursuant to s. 316.555 and weight limits specified in
124	special permits issued pursuant to s. 316.550 shall be deemed to
125	include all allowable tolerances. In those cases when a vehicle
126	or combination of vehicles exceeds the weight limits established
127	and posted for a road or bridge pursuant to s. 316.555, or
128	exceeds the weight limits permitted in a special permit issued
129	pursuant to s. 316.550, the penalty shall be 5 cents per pound
130	on the difference between the scale weight of the vehicle and
131	the weight limits for such posted road or bridge or permitted in
132	such special permit. However, if a special permit is declared
133	invalid in accordance with rules promulgated pursuant to s.
134	316.550, the penalties imposed in subsection (3) shall apply to
135	those weights which exceed the limits established in s. 316.535.
136	(3) Any person who violates the overloading provisions of
137	this chapter shall be conclusively presumed to have damaged the
138	highways of this state by reason of such overloading, which
139	damage is hereby fixed as follows:
140	(a) When the excess weight is 200 pounds or less than the
141	maximum herein provided, the penalty shall be $10;
142	(b) Five cents per pound for each pound of weight in
143	excess of the maximum herein provided when the excess weight
144	exceeds 200 pounds. However, whenever the gross weight of the
145	vehicle or combination of vehicles does not exceed the maximum
146	allowable gross weight, the maximum fine for the first 600
147	pounds of unlawful axle weight shall be $10;
148	(c) For a vehicle equipped with fully functional idle-
149	reduction technology, any penalty shall be calculated by
150	reducing the actual gross vehicle weight or the internal bridge
151	weight by the certified weight of the idle-reduction technology
152	or by 400 pounds, whichever is less. The vehicle operator must
153	present written certification of the weight of the idle-
154	reduction technology and must demonstrate or certify that the
155	idle-reduction technology is fully functional at all times. This
156	calculation is not allowed for vehicles described in s.
157	316.535(6);
158	(d)(c) An apportioned motor vehicle, as defined in s.
159	320.01, operating on the highways of this state without being
160	properly licensed and registered shall be subject to the
161	penalties as herein provided; and
162	(e)(d) Vehicles operating on the highways of this state
163	from nonmember International Registration Plan jurisdictions
164	which are not in compliance with the provisions of s. 316.605
165	shall be subject to the penalties as herein provided.
166	Section 3. This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.