STATE OF OKLAHOMA

1st Session of the 52nd Legislature (2009)

SENATE BILL 391	By:	Paddack

AS INTRODUCED

An Act relating to motor vehicles; amending 47 O.S. 2001, Section 14-109, as last amended by Section 2, Chapter 69, O.S.L. 2008 (47 O.S. Supp. 2008, Section 14-109), which relates to vehicle load and weight limits; establishing penalties for overweight vehicles; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     47 O.S. 2001, Section 14-109, as last amended by Section 2, Chapter 69, O.S.L. 2008 (47 O.S. Supp. 2008, Section 14-109), is amended to read as follows:
Section 14-109.  A.  On any road or highway:
1.  No single axle weight shall exceed twenty thousand (20,000) pounds; and
2.  The total gross weight in pounds imposed thereon by a vehicle or combination of vehicles shall not exceed the value given in the following table corresponding to the distance in feet between the extreme axles of the group measured longitudinally to the nearest foot.
Distance in Feet
Between the Extremes of               Maximum Load in Pounds
Any Group of 2 or More                Carried on Any Group of 2 or
Consecutive Axles                     More Consecutive Axles
    2 Axles	3 Axles	4 Axles	5 Axles	6 Axles
 4	34,000	------	------	------	------
 5	34,000	------	------	------	------
 6	34,000	------	------	------	------
 7	34,000	------	------	------	------
 8	34,000	42,000	------	------	------
 9	39,000	42,500	------	------	------
10	40,000	43,500	------	------	------
11	------	44,000	------	------	------
12	------	45,000	50,000	------	------
13	------	45,500	50,500	------	------
14	------	46,500	51,500	------	------
15	------	47,000	52,000	------	------
16	------	48,000	52,500	58,000	------
17	------	48,500	53,500	58,500	------
18	------	49,500	54,000	59,000	------
19	------	50,000	54,500	60,000	------
20	------	51,000	55,500	60,500	66,000
21	------	51,500	56,000	61,000	66,500
22	------	52,500	56,500	61,500	67,000
23	------	53,000	57,500	62,500	68,000
24	------	54,000	58,000	63,000	68,500
25	------	54,500	58,500	63,500	69,000
26	------	56,000	59,500	64,000	69,500
27	------	57,500	60,000	65,000	70,000
28	------	59,000	60,500	65,500	71,000
29	------	60,500	61,500	66,000	71,500
30	------	62,000	62,000	66,500	72,000
31	------	63,500	63,500	67,000	72,500
32	------	64,000	64,000	68,000	73,500
33	------	------	64,500	68,500	74,000
34	------	------	65,000	69,000	74,500
35	------	------	66,000	70,000	75,000
36	------	------	68,000	70,500	75,500
37	------	------	68,000	71,000	76,000
38	------	------	69,000	72,000	77,000
39	------	------	70,000	72,500	77,500
40	------	------	71,000	73,000	78,000
41	------	------	72,000	73,500	78,500
42	------	------	73,000	74,000	79,000
43	------	------	73,280	75,000	80,000
44	------	------	73,280	75,500	80,500
45	------	------	73,280	76,000	81,000
46	------	------	73,280	76,500	81,500
47	------	------	73,500	77,500	82,000
48	------	------	74,000	78,000	83,000
49	------	------	74,500	78,500	83,500
50	------	------	75,500	79,000	84,000
51	------	------	76,000	80,000	84,500
52	------	------	76,500	80,500	85,000
53	------	------	77,500	81,000	86,000
54	------	------	78,000	81,500	86,500
55	------	------	78,500	82,500	87,000
56	------	------	79,500	83,000	87,500
57	------	------	80,000	83,500	88,000
58	------	------	------	84,000	89,000
59	------	------	------	85,000	89,500
60	------	------	------	85,500	90,000
B.  Except as to gross limits, the table in subsection A of this section shall not apply to a truck-tractor and dump semitrailer when used as a combination unit.  In no event shall the maximum load in pounds carried by any set of tandem axles exceed thirty-four thousand (34,000) pounds for vehicles exempt from the table; however, any vehicle operating with split tandem axles or tri-axles shall adhere to the table.
C.  Special permits may be issued as provided in this title for divisible loads for vehicle configurations in excess of six (6) axles.  The permits may not exceed the Table "B" federal weights formula imposed by Title 23, U.S. Code, Section 127.  Vehicles moving under the permits shall not traverse H-15 bridges or less without the express approval of the Secretary of Transportation.
D.  Except for loads moving under special permits as provided in this title, no department or agency of this state or any county, city, or public entity thereof shall pay for any material that exceeds the legal weight limits moving in interstate or intrastate commerce in excess of the legal load limits of this state.
E.  Exceptions to this section will be:
1.  Utility or refuse collection vehicles used by counties, cities, or towns or by private companies contracted by counties, cities, or towns if the following conditions are met:
a.	calculation of weight for a utility or refuse collection vehicle shall be "Gross Vehicle Weight".  The "Gross Vehicle Weight" of a utility or refuse collection vehicle may not exceed the otherwise applicable weight by more than fifteen percent (15%).  The weight on individual axles must not exceed the manufacturer's component rating which includes axle, suspension, wheels, rims, brakes, and tires as shown on the vehicle certification label or tag, and
b.	utility or refuse collection vehicles operated under these exceptions will not be allowed to operate on interstate highways;
2.  Vehicles transporting timber, pulpwood, and chips in their natural state, vehicles transporting oil field fluids, oil field equipment, or equipment used in oil and gas well drilling or exploration, and vehicles transporting grain, if the following conditions are met:
a.	the vehicles are registered for the maximum allowable rate,
b.	the vehicles do not exceed five percent (5%) of the gross limits set forth in subsection A of this section, and
c.	the vehicles operating pursuant to the provisions of this paragraph will not be allowed to operate on the National System of Interstate and Defense Highways;
3.  Vehicles transporting rock, sand, gravel, coal, and flour if the following conditions are met:
a.	the vehicles are registered for the maximum allowable rate,
b.	the vehicles do not exceed five percent (5%) of the axle limits set forth in subsection A of this section, and
c.	the vehicles operating pursuant to the provisions of this paragraph will not be allowed to operate on the National System of Interstate and Defense Highways; and
4.  A combination of a wrecker or tow vehicle and another vehicle or vehicle combination if:
a.	the service provided by the wrecker or tow vehicle is needed to remove disabled, abandoned, or accident-damaged vehicles, and
b.	the wrecker or tow vehicle is towing the other vehicle or vehicle combination directly to the nearest authorized place of repair, terminal, or vehicle storage facility.
Vehicles operating pursuant to the provisions of this paragraph will not be allowed to operate on the National System of Interstate and Defense Highways.
F.  Utility or refuse collection vehicles, vehicles transporting timber, pulpwood, and chips in their natural state, vehicles transporting oil field equipment or equipment used in oil and gas well drilling or exploration, vehicles transporting rock, sand, gravel, coal, and flour and vehicles transporting grain, operating under exceptions shall purchase an annual special overload permit for One Hundred Dollars ($100.00).  This fee shall be apportioned as provided for in Section 1104 of this title.
G.  For purposes of this section, "utility vehicle" shall mean any truck used by a private utility company, county, city, or town for the purpose of installing or maintaining electric, water, or sewer systems.
H.  Any person who operates a vehicle or combination of vehicles which is seven hundred (700) pounds or more in excess of the gross weight limitations imposed by this section shall, upon conviction, be punished by:
1.  A fine of three cents ($0.03) per pound overweight, if overweight by seven hundred (700) pounds but not more than two thousand (2,000) pounds;
2.  A fine of five cents ($0.05) per pound overweight, if overweight by two thousand one (2,001) pounds but not more than five thousand (5,000) pounds;
3.  A fine of seven cents ($0.07) per pound overweight, if overweight by five thousand one (5,001) pounds but not more than seven thousand five hundred (7,500) pounds;
4.  A fine of nine cents ($0.09) per pound overweight, if overweight by seven thousand five hundred one (7,501) pounds but not more than ten thousand (10,000) pounds;
5.  A fine of eleven cents ($0.11) per pound overweight, if overweight by ten thousand one (10,001) pounds but not more than twelve thousand five hundred (12,500) pounds;
6.  A fine of thirteen cents ($0.13) per pound overweight, if overweight by twelve thousand five hundred one (12,501) pounds but not more than fifteen thousand (15,000) pounds; or
7.  A fine of fifteen cents ($0.15) per pound overweight, if overweight by fifteen thousand one (15,001) pounds or more.
SECTION 2.  This act shall become effective November 1, 2009.

52-1-712	MRB	1/6/2009 10:04:22 AM