Bill Text: IN HB1481 | 2013 | Regular Session | Enrolled
Bill Title: Permits for loads.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2013-05-13 - Public Law 135 [HB1481 Detail]
Download: Indiana-2013-HB1481-Enrolled.html
Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is
being amended, the text of the existing provision will appear in this style type, additions
will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that
adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles
conflicts between statutes enacted by the 2012 Regular Session of the General Assembly.
AN ACT to amend the Indiana Code concerning motor vehicles.
Be it enacted by the General Assembly of the State of Indiana:
(1) Acquire by purchase, gift, or condemnation, sell, abandon, own in fee or a lesser interest, hold, or lease property in the name of the state, or otherwise dispose of or encumber property to carry out its responsibilities.
(2) Contract with persons outside the department to do those things that in the commissioner's opinion cannot be adequately or efficiently performed by the department.
(3) Enter into:
(A) a contract with the Indiana finance authority under IC 8-9.5-8-7; or
(B) a lease with the Indiana finance authority under IC 8-9.5-8-8;
for the construction, reconstruction, improvement, maintenance, repair, or operation of toll road projects under IC 8-15-2 and toll bridges under IC 8-16-1.
(4) Sue and be sued, including, with the approval of the attorney general, the compromise of any claims of the department.
(5) Hire attorneys.
(6) Perform all functions pertaining to the acquisition of property for transportation purposes, including the compromise of any claims for compensation.
(7) Hold investigations and hearings concerning matters covered by orders and rules of the department.
(8) Execute all documents and instruments necessary to carry out its responsibilities.
(9) Make contracts and expenditures, perform acts, enter into agreements, and make rules, orders, and findings that are necessary to comply with all laws, rules, orders, findings, interpretations, and regulations promulgated by the federal government in order to:
(A) qualify the department for; and
(B) receive;
federal government funding on a full or participating basis.
(10) Adopt rules under IC 4-22-2 to carry out its responsibilities, including emergency rules in the manner provided under IC 4-22-2-37.1.
(11) Establish regional offices.
(12) Adopt a seal.
(13) Perform all actions necessary to carry out the department's responsibilities.
(14) Order a utility to relocate the utility's facilities and coordinate the relocation of customer service facilities if:
(A) the facilities are located in a highway, street, or road; and
(B) the department determines that the facilities will interfere with a planned highway or bridge construction or improvement project funded by the department.
(15) Reimburse a utility:
(A) in whole or in part for extraordinary costs of relocation of facilities;
(B) in whole for unnecessary relocations;
(C) in accordance with IC 8-23-26-12 and IC 8-23-26-13;
(D) in whole for relocations covered by IC 8-1-9; and
(E) to the extent that a relocation is a taking of property without just compensation.
(16) Provide state matching funds and undertake any surface transportation project eligible for funding under federal law.
However, money from the state highway fund and the state
highway road construction and improvement fund may not be
used to provide operating subsidies to support a public
transportation system or a commuter transportation system.
(b) In the performance of contracts and leases with the Indiana
finance authority, the department has authority under IC 8-15-2, in the
case of toll road projects and IC 8-16-1, in the case of toll bridges
necessary to carry out the terms and conditions of those contracts and
leases.
(c) The department shall:
(1) classify as confidential any estimate of cost prepared in
conjunction with analyzing competitive bids for projects until a
bid below the estimate of cost is read at the bid opening;
(2) classify as confidential that part of the parcel files that contain
appraisal and relocation documents prepared by the department's
land acquisition division; and
(3) classify as confidential records that are the product of systems
designed to detect collusion in state procurement and contracting
that, if made public, could impede detection of collusive behavior
in securing state contracts.
This subsection does not apply to parcel files of public agencies or
affect IC 8-23-7-10.
SECTION 2. IC 9-13-2-49.9 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 49.9. (a) "Equivalent single axle load mile",
for purposes of IC 9-29-6, has the meaning set forth in
IC 9-29-6-0.5.
(b) This section expires on the date IC 9-29-6-0.5 expires.
SECTION 3. IC 9-13-2-120.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 120.7. (a) "Overweight
divisible load" means a tractor-semitrailer and load that:
(1) can be traditionally separated or reduced to meet the
specified regulatory limits for weight;
(2) are involved in hauling, delivering, or otherwise carrying
metal or agricultural commodities;
(3) meet other requirements for height, length, and width;
(4) weigh more than the eighty thousand (80,000) pound gross
vehicle weight limit in IC 9-20-5 but weigh not more than:
(A) one hundred twenty thousand (120,000) pounds if
hauling metal commodities; and
(B) ninety-seven thousand (97,000) pounds if hauling
agricultural commodities; and
(5) have the following configurations:
(A) A maximum wheel weight, unladen or with load, not to
exceed eight hundred (800) pounds per inch of tire,
measured between the flanges of the rim.
(B) A single axle weight not to exceed twenty thousand
(20,000) pounds.
(C) An axle in an axle combination not to exceed twenty
thousand (20,000) pounds per axle, with the exception of
one (1) tandem group that may weigh twenty-four
thousand (24,000) pounds per axle or a total of forty-eight
thousand (48,000) pounds.
(b) Subsection (a)(5) and this subsection expire on the earlier of
the following dates:
(1) The date rules are adopted as required under
IC 9-29-6-13.
(2) December 31, 2013.
SECTION 4. IC 9-13-2-187.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 187.5. (a) "Trip",
for purposes of IC 9-29-6-1, means the movement of a vehicle or
combination of vehicles having a total gross weight greater than eighty
thousand (80,000) pounds but less than one hundred thirty-four
thousand (134,000) pounds within a twenty-four (24) hour period.
(b) This section expires on the date IC 9-29-6-1 expires.
SECTION 5. IC 9-20-6-2.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2.5. The Indiana department of
transportation or local authority that:
(1) has jurisdiction over a state highway, an interstate
highway, or a local street; and
(2) is responsible for the repair and maintenance of the state
highway, interstate highway, or local street;
may, upon proper application in writing and upon good cause
shown, grant a permit for transporting overweight divisible loads.
SECTION 6. IC 9-29-6-0.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 0.5. (a) As used in this chapter, "equivalent
single axle load mile" is a unit used to quantify various types of
axle loadings into a single number. The number of equivalent single
axle load miles that apply to a trip is the amount determined under
STEP ELEVEN of the following formula:
STEP ONE: Determine the result of:
(A) the first or next single axle weight of the vehicle in
pounds; divided by
(B) eighteen thousand (18,000).
STEP TWO: Determine the result of the STEP ONE amount
raised to the fourth power.
STEP THREE: Repeat STEP ONE and STEP TWO for each
additional single axle on the vehicle.
STEP FOUR: Determine the sum of the resulting amounts
from STEP TWO and STEP THREE for all single axles on the
vehicle.
STEP FIVE: Determine the result of:
(A) the first or next tandem axle group weight in pounds;
divided by
(B) thirty-three thousand two hundred (33,200).
STEP SIX: Determine the result of the STEP FIVE amount
raised to the fourth power.
STEP SEVEN: Repeat STEP FIVE and STEP SIX for each
additional tandem axle group on the vehicle.
STEP EIGHT: Determine the sum of the resulting amounts
from STEP SIX and STEP SEVEN for all tandem axle groups
on the vehicle.
STEP NINE: Determine the sum of the STEP FOUR amount
and the STEP EIGHT amount.
STEP TEN: Subtract three (3) from the STEP NINE amount.
STEP ELEVEN: Determine the result of:
(A) the STEP TEN amount; multiplied by
(B) the number of miles in the trip.
(b) This section expires on the earlier of the following dates:
(1) The date rules are adopted as required under section 13 of
this chapter.
(2) December 31, 2013.
SECTION 7. IC 9-29-6-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1. (a) A vehicle or combination
of vehicles having a total gross weight greater than eighty thousand
(80,000) pounds but less than one hundred thirty-four thousand
(134,000) pounds must obtain a special weight permit for each trip on
an extra heavy duty highway. The fee for this special weight permit is
forty-one dollars and fifty cents ($41.50).
(b) This section expires on the earlier of the following dates:
(1) The date rules are adopted as required under section 13 of
this chapter.
(2) December 31, 2013.
SECTION 8. IC 9-29-6-3, AS AMENDED BY P.L.6-2012,
SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. (a) The fees for permits issued under
IC 9-20-6 to exceed the legal weight limit are as follows:
(1) A trip permit, twenty dollars ($20).
(2) A mileage fee, which is in addition to the trip permit fee in
subdivision (1), to be calculated for that part of the gross weight
exceeding eighty thousand (80,000) pounds as follows:
(A) For loads greater than eighty thousand (80,000) pounds
but not more than one hundred eight thousand (108,000)
pounds, thirty-five cents ($0.35) per mile.
(B) For loads greater than one hundred eight thousand
(108,000) pounds but not more than one hundred fifty
thousand (150,000) pounds, sixty cents ($0.60) per mile.
(C) For loads greater than one hundred fifty thousand
(150,000) pounds, one dollar ($1) per mile.
(3) A ninety (90) day permit, two hundred dollars ($200).
(4) An annual permit issued under IC 9-20-6-2(c), eight hundred
dollars ($800).
(b) If an application for a permit involves transporting heavy
vehicles or loads, or other objects, that exceed the legal length, width,
or height limit and that also exceed the legal weight limit in the same
movement, the applicant shall pay only the greater of the two (2) fees
established in section 2 or 3 of this chapter and the issuing officer or
body shall issue a single oversize-overweight permit. The fee for a
ninety (90) day permit described in IC 9-20-6-2(c)(3) is two hundred
dollars ($200).
(c) This section expires on the earlier of the following dates:
(1) The date rules are adopted as required under section 13 of
this chapter.
(2) December 31, 2013.
SECTION 9. IC 9-29-6-10, AS AMENDED BY P.L.125-2012,
SECTION 321, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 10. (a) Except as provided in
subsection (b), whenever a permit is issued by the Indiana department
of transportation under IC 9-20-6, the Indiana department of
transportation shall fix the fee to be paid. Upon payment of the fee, the
Indiana department of transportation shall validate the permit. The
revenue from the fee shall be credited to the state highway fund.
(b) The fee for a permit issued under IC 9-20-6-2.5 for an
overweight divisible load is five cents ($0.05) per equivalent single
axle load mile. The annual fee charged for a permit issued under
IC 9-20-6-2.5 may not exceed four hundred seventy dollars ($470).
Upon payment of the fee, the Indiana department of transportation
shall validate the permit. The revenue from the fee shall be
credited to the state highway fund.
(c) Subsection (b) and this subsection expire on the earlier of the
following dates:
(1) The date rules are adopted under section 13 of this
chapter.
(2) December 31, 2013.
SECTION 10. IC 9-29-6-13 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 13. (a) The Indiana department of
transportation shall adopt emergency rules in the manner provided
under IC 4-22-2-37.1 for the:
(1) issuance, fee structure, and enforcement of permits for
overweight divisible loads;
(2) fee structure of permits for loads on extra heavy duty
highways; and
(3) fee structure of permits for overweight loads.
A rule adopted under this subsection expires only with the
adoption of a new superseding rule.
(b) This subsection expires December 31, 2015. Not later than
December 31, 2014, the Indiana department of transportation shall
study the impact of overweight divisible loads on the following:
(1) Road and bridge degradation.
(2) Alternate modes of transportation.
(3) Indiana's economy and job growth.
(4) Indiana's business and economic competitiveness relative
to other midwestern states.
The department shall consider the results of the study in adopting
rules under subsection (a) to establish fee structures. Upon
concluding the study, the department shall report the results of the
study to the general assembly in an electronic format under
IC 5-14-6.
SECTION 11. IC 10-11-2-26, AS AMENDED BY P.L.125-2012,
SECTION 399, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 26. (a) The superintendent may
assign qualified persons who are not state police officers to supervise
or operate permanent or portable weigh stations. A person assigned
under this section may stop, inspect, and issue citations to operators of
trucks and trailers having a declared gross weight of at least ten
thousand one (10,001) pounds and buses at a permanent or portable
weigh station or while operating a clearly marked Indiana state police
vehicle for violations of the following:
(1) IC 6-1.1-7-10.
(2) IC 6-6-1.1-1202.
(3) IC 6-6-2.5.
(4) IC 6-6-4.1-12.
(5) IC 8-2.1.
(6) IC 9-18.
(7) IC 9-19.
(8) IC 9-20.
(9) IC 9-21-7-2 through IC 9-21-7-11.
(10) IC 9-21-8-41 pertaining to the duty to obey an official traffic
control device for a weigh station.
(11) IC 9-21-8-45 through IC 9-21-8-48.
(12) IC 9-21-9.
(13) IC 9-21-15.
(14) IC 9-21-21.
(15) IC 9-24-1-1 through IC 9-24-1-1.5.
(16) IC 9-24-1-7.
(17) Except as provided in subsection (c), IC 9-24-1-6,
IC 9-24-6-16, IC 9-24-6-17, and IC 9-24-6-18, commercial
driver's license.
(18) IC 9-24-4.
(19) IC 9-24-5.
(20) IC 9-24-11-4.
(21) IC 9-24-13-3.
(22) IC 9-24-18-1 through IC 9-24-18-2.
(23) IC 9-25-4-3.
(24) IC 9-28-4.
(25) IC 9-28-5.
(26) IC 9-28-6.
(27) IC 9-29-5-11 through IC 9-29-5-13.
(28) IC 9-29-5-42.
(29) IC 9-29-6-1.
(30) IC 10-14-8.
(31) IC 13-17-5-1, IC 13-17-5-2, IC 13-17-5-3, or IC 13-17-5-4.
(32) IC 13-30-2-1.
(b) For the purpose of enforcing this section, a person assigned under this section may detain a person in the same manner as a law enforcement officer under IC 34-28-5-3.
(c) A person assigned under this section may not enforce IC 9-24-6-14 or IC 9-24-6-15.
(d) Subsection (a)(29) expires on the date that IC 9-29-6-1 expires.
SECTION 12. An emergency is declared for this act.
HEA 1481
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