Bill Text: IN HB1084 | 2010 | Regular Session | Enrolled
Bill Title: Various motor vehicle matters.
Spectrum: Bipartisan Bill
Status: (Passed) 2010-03-25 - Section 7 effective 03/17/2010 [HB1084 Detail]
Download: Indiana-2010-HB1084-Enrolled.html
PRINTING CODE. 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
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.
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AN ACT to amend the Indiana Code concerning motor vehicles.
(1) provides heat, air conditioning, engine warming, or electricity to components on a heavy duty vehicle; and
(2) is certified by the administrator of the United States Environmental Protection Agency under 40 CFR 89 as meeting applicable emission standards.
(1) has a gross vehicle weight rating greater than eight thousand five hundred (8,500) pounds; and
(2) is powered by a diesel engine.
(1) The total gross weight, with load, in pounds of any vehicle or
combination of vehicles may not exceed an overall gross weight
on a group of two (2) or more consecutive axles produced by
application of the following formula:
W = 500 { [(LN) . (N-1)] + 12N + 36 }
where W equals the overall gross weight on any group of two (2)
or more consecutive axles to the nearest five hundred (500)
pounds, L equals the distance in feet between the extreme of any
group of two (2) or more consecutive axles, and N equals the
number of axles in the group under consideration, except that two
(2) consecutive sets of tandem axles may carry a gross load of
thirty-four thousand (34,000) pounds each, providing the overall
distance between the first and last axles of the consecutive sets of
tandem axles is thirty-six (36) feet or more. The overall gross
weight limit, calculated under this subdivision, may not exceed
eighty thousand (80,000) pounds.
(2) The weight concentrated on the roadway surface from any
tandem axle group may not exceed the following:
(A) Thirty-four thousand (34,000) pounds total weight.
(B) Twenty thousand (20,000) pounds on an individual axle in
a tandem group.
(3) A vehicle may not have a maximum wheel weight, unladen or
with load, in excess of eight hundred (800) pounds per inch width
of tire, measured between the flanges of the rim or an axle weight
in excess of twenty thousand (20,000) pounds.
(b) The enforcement of weight limits under this section is subject to
the following:
(1) It is lawful to operate within the scope of a permit, under
weight limitations established by the Indiana department of
transportation and in effect on July 1, 1956, as provided in
IC 9-20-6.
(2) It is lawful to operate or cause to be operated a vehicle or
combination of vehicles on a heavy duty highway or an extra
heavy duty highway designated by the Indiana department of
transportation if operated within the imposed limitations.
(3) Whenever any of the weight limitations provided in subsection
(a) are utilized on any interstate highway in Indiana, the reference
to weight tolerance in IC 9-20-18-2 does not apply.
(4) (3) Subsection (a) does not apply to any highway, road, street,
or bridge for which a lesser weight limit is imposed by local
authorities under IC 9-20-1-4 or IC 9-20-7-2. However, the local
authority may by appropriate action establish and designate a
county or city highway, road, or street or part of a highway, road,
or street as a heavy duty highway subject to the weight limitations
established under IC 9-20-5.
(5) (4) Vehicles operated on toll road facilities are subject to rules
of weight adopted for toll road facilities by the Indiana
department of transportation under IC 8-15-2 and are not subject
to subsection (a) when operated on a toll road facility.
(5) For purposes of a heavy duty vehicle that is equipped with
an auxiliary power unit, the weight limitations provided in
subsection (a) are increased by four hundred (400) pounds.
(c) The greater of the weight limits imposed under subsection (a) or
this subsection applies to vehicles operated upon an Indiana highway.
The weight limits in effect on January 4, 1975, for any highway that is
not designated as a heavy duty highway under IC 9-20-5 are the
following:
(1) The total gross weight, with load, in pounds of a vehicle or
combination of vehicles may not exceed seventy-three thousand
two hundred eighty (73,280) pounds.
(2) The total weight concentrated on the roadway surface from a
tandem axle group may not exceed sixteen thousand (16,000)
pounds for each axle of a tandem assembly.
(3) A vehicle may not have a maximum wheel weight, unladen or
with load, in excess of eight hundred (800) pounds per inch width
of tire, measured between the flanges of the rim, or an axle weight
greater than eighteen thousand (18,000) pounds.
(b) 49 CFR 393.120 is adopted as Indiana law.
(c) A motor carrier (as defined in IC 8-2.1-17-10) may not initiate or terminate the commercial transport within Indiana by commercial motor vehicle of one (1) or more metal coils that, individually or grouped together, weigh at least two thousand two hundred sixty-eight (2,268) kilograms (five thousand (5,000) pounds), as provided in 49 CFR 393.120, unless the operator of the commercial motor vehicle transporting the metal coil or coils is certified in proper load securement as provided in 49 CFR 393.120.
(d) An operator of a commercial motor vehicle may not initiate or terminate the commercial transport within Indiana by the commercial motor vehicle of one (1) or more metal coils that, individually or grouped together, weigh at least two thousand two hundred sixty-eight (2,268) kilograms (five thousand (5,000) pounds), as provided in 49 CFR 393.120, unless the operator of the commercial motor vehicle transporting the metal coil or coils is certified in proper load securement as provided in 49 CFR 393.120.
(e) The department of revenue shall adopt and enforce rules under IC 4-22-2 concerning the certification in proper load securement (as provided in 49 CFR 393.120) of operators of commercial motor vehicles engaged in the commercial transport of one (1) or more metal coils, as provided in 49 CFR 393.120. The rules adopted under this subsection must recognize metal coil shipping certificates issued by other states.
(f) A person who knowingly or intentionally violates subsection (c) or (d) commits a Class A misdemeanor.
(b) The rules must carry out 49 U.S.C. 521, 49 U.S.C. 31104, 49 U.S.C. 31301 through 31306, 49 U.S.C. 31308 through 31317, and 49 CFR 383 through 384, and may not be more restrictive than the federal Motor Carrier Safety Improvement Act of 1999 (MCSIA) (Public Law 106-159, 113 Stat. 1748).
(c) Rules adopted under this section must include the following:
(1) Establishment of classes and periods of validation of commercial driver's licenses, including the period set forth in IC 9-24-12-6(e).
(2) Standards for commercial driver's licenses, including suspension and revocation procedures.
(3) Requirements for documentation of eligibility for legal employment, as set forth in 8 CFR 274a.2, and proof of Indiana residence.
(4) Development of written or oral tests, driving tests, and fitness requirements.
(5) Defining the commercial driver's licenses by classification and the information to be contained on the licenses, including a unique identifier of the holder.
(6) Establishing fees for the issuance of commercial driver's
licenses, including fees for testing and examination.
(7) Procedures for the notification by the holder of a commercial
driver's license to the bureau and the driver's employer of
pointable traffic offense convictions.
(8) Conditions for reciprocity with other states, including
requirements for a written commercial driver's license test and
operational skills test, and a hazardous materials endorsement
written test and operational skills test, before a license may be
issued.
(9) Certification of commercial motor vehicle operators who
transport one (1) or more metal coils that, individually or
grouped together, weigh at least two thousand two hundred
sixty-eight (2,268) kilograms (five thousand (5,000) pounds),
as to proper load securement of the metal coil or coils as
provided in 49 CFR 393.120.
(9) (10) Other rules necessary to administer this chapter.
(d) 49 CFR 383 through 384 and 49 CFR 393.120 are adopted as
Indiana law.
(b) Notwithstanding IC 9-21-8-58, as added by this act, and IC 9-24-6-2(c)(9), as amended by this act:
(1) the bureau shall carry out the duties imposed upon the bureau under IC 9-24-6-2(c)(9), as amended by this act, under interim written guidelines approved by the commissioner of the bureau; and
(2) the department of revenue shall carry out the duties imposed upon the department of revenue under IC 9-21-8-58, as added by this act, under interim written guidelines approved by the commissioner of the department of revenue.
(c) This SECTION expires on the earlier of the following:
(1) The date rules are adopted under IC 9-21-8-58, as added by this act, and IC 9-24-6-2(c)(9), as amended by this act.
(2) December 31, 2011.
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