Bill Text: FL S2198 | 2010 | Regular Session | Introduced

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Bill Title: Motor Vehicle Load Weight Limits [CPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Transportation [S2198 Detail]

Download: Florida-2010-S2198-Introduced.html

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Florida Senate - 2010                                    SB 2198 
 
By Senator Baker 
20-01125-10                                           20102198__ 
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 
5         on highways that are not in the Interstate Highway 
6         System; providing that specified tolerances do not 
7         apply to cranes; providing for determination of fines 
8         for violations of the total gross weight limits; 
9         amending s. 316.545, F.S.; revising conditions under 
10         which vehicles in violation of specified gross or 
11         external bridge weight limits must be unloaded; 
12         providing for a reduction in the gross weight of 
13         certain vehicles equipped with idle-reduction 
14         technologies when calculating a penalty for exceeding 
15         maximum weight limits; requiring the operator to 
16         provide certification of the weight of the idle 
17         reduction technology and to demonstrate or certify 
18         that the idle-reduction technology is fully functional 
19         at all times; providing an effective date. 
20 
21  Be It Enacted by the Legislature of the State of Florida: 
22 
23         Section 1. Subsection (5) of section 316.535, Florida 
24  Statutes, is amended to read: 
25         316.535 Maximum weights.— 
26         (5) With respect to those highways not in the Interstate 
27  Highway System, in all cases in which it exceeds state law in 
28  effect on January 4, 1975, the overall gross weight on the 
29  vehicle or combination of vehicles, including all enforcement 
30  tolerances, shall be as determined by the following formula: 
31 
32                  W = 500((LN ÷ (N–1)) + 12N + 36) 
33 
34  where W = overall gross weight of the vehicle to the nearest 500 
35  pounds; L = distance in feet between the extreme of the external 
36  axles; and N = number of axles on the vehicle. However, such 
37  overall gross weight of any vehicle or combination of vehicles 
38  may not exceed 80,000 pounds including all enforcement 
39  tolerances. The scale tolerance provided in s. 316.545(2) shall 
40  be applicable to all weight limitations of this subsection, 
41  except when a vehicle exceeds the posted weight limit on a road 
42  or bridge. The scale tolerance provided in s. 316.545(2) shall 
43  not apply to cranes. Fines for violations of the total gross 
44  weight limitations provided for in this subsection shall be 
45  based on the amount by which the actual weight of the vehicle 
46  and load exceeds the allowable maximum weight determined under 
47  this subsection plus the scale tolerance provided in s. 
48  316.545(2). 
49         Section 2. Subsections (2) and (3) of section 316.545, 
50  Florida Statutes, are amended to read: 
51         316.545 Weight and load unlawful; special fuel and motor 
52  fuel tax enforcement; inspection; penalty; review.— 
53         (2)(a) Whenever an officer, upon weighing a vehicle or 
54  combination of vehicles with load, determines that the axle 
55  weight or gross weight is unlawful, the officer may require the 
56  driver to stop the vehicle in a suitable place and remain 
57  standing until a determination can be made as to the amount of 
58  weight thereon and, if overloaded, the amount of penalty to be 
59  assessed as provided herein. However, any gross weight over and 
60  beyond 6,000 pounds beyond the maximum herein set shall be 
61  unloaded and all material so unloaded shall be cared for by the 
62  owner or operator of the vehicle at the risk of such owner or 
63  operator. Except as otherwise provided in this chapter, to 
64  facilitate compliance with and enforcement of the weight limits 
65  established in s. 316.535, weight tables published pursuant to 
66  s. 316.535(7) shall include a 10-percent scale tolerance and 
67  shall thereby reflect the maximum scaled weights allowed any 
68  vehicle or combination of vehicles. As used in this section, 
69  scale tolerance means the allowable deviation from legal weights 
70  established in s. 316.535. Notwithstanding any other provision 
71  of the weight law, if a vehicle or combination of vehicles does 
72  not exceed the gross, external bridge, or internal bridge weight 
73  limits imposed in s. 316.535 and the driver of such vehicle or 
74  combination of vehicles can comply with the requirements of this 
75  chapter by shifting or equalizing the load on all wheels or 
76  axles and does so when requested by the proper authority, the 
77  driver shall not be held to be operating in violation of said 
78  weight limits. Any vehicle or combination of vehicles which 
79  exceeds the gross or external bridge weight limits imposed in s. 
80  316.535(3), (4), or (6) over and beyond 6,000 pounds shall be 
81  unloaded and all material so unloaded shall be cared for by the 
82  owner or operator of the vehicle at the risk of such owner or 
83  operator. Any vehicle or combination of vehicles which exceeds 
84  the gross or external bridge weight limits imposed in s. 
85  316.535(5) shall be unloaded and all material so unloaded shall 
86  be cared for by the owner or operator of the vehicle at the risk 
87  of such owner or operator. 
88         (b) The officer shall inspect the license plate or 
89  registration certificate of the commercial vehicle, as defined 
90  in s. 316.003(66), to determine if its gross weight is in 
91  compliance with the declared gross vehicle weight. If its gross 
92  weight exceeds the declared weight, the penalty shall be 5 cents 
93  per pound on the difference between such weights. In those cases 
94  when the commercial vehicle, as defined in s. 316.003(66), is 
95  being operated over the highways of the state with an expired 
96  registration or with no registration from this or any other 
97  jurisdiction or is not registered under the applicable 
98  provisions of chapter 320, the penalty herein shall apply on the 
99  basis of 5 cents per pound on that scaled weight which exceeds 
100  35,000 pounds on laden truck tractor-semitrailer combinations or 
101  tandem trailer truck combinations, 10,000 pounds on laden 
102  straight trucks or straight truck-trailer combinations, or 
103  10,000 pounds on any unladen commercial motor vehicle. If the 
104  license plate or registration has not been expired for more than 
105  90 days, the penalty imposed under this paragraph may not exceed 
106  $1,000. In the case of special mobile equipment as defined in s. 
107  316.003(48), which qualifies for the license tax provided for in 
108  s. 320.08(5)(b), being operated on the highways of the state 
109  with an expired registration or otherwise not properly 
110  registered under the applicable provisions of chapter 320, a 
111  penalty of $75 shall apply in addition to any other penalty 
112  which may apply in accordance with this chapter. A vehicle found 
113  in violation of this section may be detained until the owner or 
114  operator produces evidence that the vehicle has been properly 
115  registered. Any costs incurred by the retention of the vehicle 
116  shall be the sole responsibility of the owner. A person who has 
117  been assessed a penalty pursuant to this paragraph for failure 
118  to have a valid vehicle registration certificate pursuant to the 
119  provisions of chapter 320 is not subject to the delinquent fee 
120  authorized in s. 320.07 if such person obtains a valid 
121  registration certificate within 10 working days after such 
122  penalty was assessed. 
123         (c) Weight limits established and posted for a road or 
124  bridge pursuant to s. 316.555 and weight limits specified in 
125  special permits issued pursuant to s. 316.550 shall be deemed to 
126  include all allowable tolerances. In those cases when a vehicle 
127  or combination of vehicles exceeds the weight limits established 
128  and posted for a road or bridge pursuant to s. 316.555, or 
129  exceeds the weight limits permitted in a special permit issued 
130  pursuant to s. 316.550, the penalty shall be 5 cents per pound 
131  on the difference between the scale weight of the vehicle and 
132  the weight limits for such posted road or bridge or permitted in 
133  such special permit. However, if a special permit is declared 
134  invalid in accordance with rules promulgated pursuant to s. 
135  316.550, the penalties imposed in subsection (3) shall apply to 
136  those weights which exceed the limits established in s. 316.535. 
137         (3) Any person who violates the overloading provisions of 
138  this chapter shall be conclusively presumed to have damaged the 
139  highways of this state by reason of such overloading, which 
140  damage is hereby fixed as follows: 
141         (a) When the excess weight is 200 pounds or less than the 
142  maximum herein provided, the penalty shall be $10; 
143         (b) Five cents per pound for each pound of weight in excess 
144  of the maximum herein provided when the excess weight exceeds 
145  200 pounds. However, whenever the gross weight of the vehicle or 
146  combination of vehicles does not exceed the maximum allowable 
147  gross weight, the maximum fine for the first 600 pounds of 
148  unlawful axle weight shall be $10; 
149         (c) For a vehicle equipped with fully functional idle 
150  reduction technology, any penalty shall be calculated by 
151  reducing the actual gross vehicle weight or the internal bridge 
152  weight by the certified weight of the idle-reduction technology 
153  or by 400 pounds, whichever is less. The vehicle operator must 
154  present written certification of the weight of the idle 
155  reduction technology and must demonstrate or certify that the 
156  idle-reduction technology is fully functional at all times. This 
157  calculation is not allowed for vehicles described in s. 
158  316.535(6); 
159         (d)(c) An apportioned motor vehicle, as defined in s. 
160  320.01, operating on the highways of this state without being 
161  properly licensed and registered shall be subject to the 
162  penalties as herein provided; and 
163         (e)(d) Vehicles operating on the highways of this state 
164  from nonmember International Registration Plan jurisdictions 
165  which are not in compliance with the provisions of s. 316.605 
166  shall be subject to the penalties as herein provided. 
167         Section 3. This act shall take effect July 1, 2010.