Alabama 2022 2022 Regular Session

Alabama House Bill HB262 Introduced / Bill

Filed 02/03/2022

                    1 HB262
2 216981-1
3 By Representative Allen
4 RFD: Agriculture and Forestry 
5 First Read: 03-FEB-22 
 
Page 0 1 216981-1:n:02/02/2022:JF/ma LSA2022-040
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8 SYNOPSIS:         Under existing law, trucks or truck tractors
9	used by any person to transport forest products
10	under certain conditions may operate on the public
11	highways of this state upon payment of the annual
12	license tax and registration fee.
13	This bill would provide that trucks or truck
14	tractors used by any person to transport forest
15	products upon payment of the annual license tax and
16	registration fee may also be used to transport
17	forest products management equipment.
18 
19	A BILL
20	TO BE ENTITLED
21	AN ACT
22 
23	Relating to motor vehicle; to provide that trucks or
24 truck tractors used by any person to transport forest products
25 may be used to transport forest products management equipment.
26 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Page 1 1	Section 1. Section 40-12-248, Code of Alabama 1975,
2 as amended by Act 2021-337 of the 2021 Regular Session is
3 amended to read as follows:
4	"ยง40-12-248.
5	"(a) For each truck or truck tractor using the
6 public highways of this state, annual license taxes and
7 registration fees based on the gross vehicle weight in pounds
8 are imposed and shall be charged. For the purposes of this
9 section, the term "gross vehicle weight" shall mean the empty
10 weight of the truck or truck tractor plus the heaviest load to
11 be carried and, in the case of combinations, shall be deemed
12 to include also the empty weight of the heaviest trailer with
13 which the power unit shall be placed in combination, plus the
14 heaviest load to be carried. No tolerance or margin of error
15 shall be allowable under this section, except as provided in
16 subsection (b).
17	"(b) For each truck or truck tractor using the pub-
18 lic highways of this state, the annual license taxes and reg-
19 istration fees herein imposed shall consist of: (i) the base
20 amount applicable to the truck or truck tractor under the
21 schedule of base amounts set forth in this subsection; plus
22 (ii) the additional amount, if any, applicable to the truck or
23 truck tractor under the schedule of additional amounts set
24 forth in this subsection:
SCHEDULE OF BASE AMOUNTS25
Page 2 Gross Vehicle 1 
Weight in Pounds2	Base Amount
0 to 8,000 3	$10.70 
8,001 to 10,0004	17.50
10,001 to 12,0005	52.50
12,001 to 18,0006	85.00
18,001 to 26,0007	117.50
26,001 to 33,0008	150.00
33,001 to 42,0009	260.00
42,001 to 55,00010	292.50
55,001 to 64,00011	325.00
64,001 to 73,28012	357.50
73,281 to 80,00013	407.50
80,001 or over14	445.00
SCHEDULE OF ADDITIONAL AMOUNTS15
Gross Vehicle 16 
Weight in Pounds17	Additional Amount
0 to 8,000 18	$2.30 
8,001 to 10,00019	17.50
10,001 to 12,00020	52.50
Page 3 12,001 to 18,0001	85.00
18,001 to 26,0002	117.50
26,001 to 33,0003	150.00
33,001 to 42,0004	260.00
42,001 to 55,0005	292.50
55,001 to 64,0006	325.00
64,001 to 73,2807	357.50
73,281 to 80,0008	407.50
80,001 or over9	445.00
"The total amount of the annual license tax and10
11 registration fee shall be limited with respect to trucks or
12 truck tractors owned and used by a farmer for transporting
13 farm products or the personal property of the farmer for use
14 on his or her farm to a maximum of thirty dollars ($30) where
15 the gross vehicle weight of the truck does not exceed 30,000
16 pounds; to a maximum of eighty-five dollars ($85) where the
17 gross vehicle weight of the truck exceeds 30,000 pounds, but
18 does not exceed 42,000 pounds; and to a maximum of two hundred
19 fifty dollars ($250) where the gross vehicle weight of the
20 truck or truck tractor is up to and including the class
21 currently designated 80,001 pounds or over. The annual license
22 tax and registration fee shall be limited with respect to
23 trucks owned and used by any person for transporting forest
Page 4 1 products or forestry harvesting and management equipment from
2 the point of severance to a sawmill, to a papermill, or to a
3 concentration yard to a maximum of forty dollars ($40) where
4 the gross vehicle weight of the truck does not exceed 30,000
5 pounds and to a maximum of sixty-five dollars ($65) where the
6 gross vehicle weight exceeds 30,000 pounds, but does not
7 exceed 42,000 pounds. Where the gross vehicle weight of a
8 truck or truck tractor owned and used by any person for
9 transporting forest products or forestry harvesting and
10 management equipment from the point of severance to a sawmill,
11 to a papermill, or to a concentration yard exceeds 42,000
12 pounds, the annual license tax and registration fee for the
13 restricted tags shall consist of the base amount applicable to
14 the truck tractor under the schedule base amounts set forth in
15 this subsection, plus the additional amount applicable to the
16 truck or truck tractor under the schedule of additional
17 amounts set forth in this subsection.
18	"For purposes of enforcement of farm truck license
19 tags or of forest products truck license tags, all scaled
20 weight shall be allowed a tolerance or a margin of error of 10
21 percent of the true gross or axle weights to allow for any
22 climatic conditions.
23	"For each truck tractor that is operated by a
24 certificated motor carrier and that is operated exclusively
25 within 15 miles of the corporate limits of the incorporated
26 municipality in which it is customarily domiciled, but not
27 including vehicles operating beyond the borders of Alabama,
Page 5 1 and which is registered in the county in which it is
2 customarily domiciled, a total annual license tax and
3 registration fee of three hundred dollars ($300) is imposed
4 and shall be charged.
5	"The total amount of the annual license tax and
6 registration fee shall be limited to the following schedule
7 for all self-propelled campers or house cars, but a
8 self-propelled camper or a house car whose weight does not
9 exceed 8,000 pounds, shall be subject to Section 40-12-273(b):
SCHEDULE OF BASE AMOUNTS10
 
Gross Vehicle 11 
Weight in Pounds12	Base Amount
0 to 8,00013	$10.70
8,001 to 12,00014	25.00
12,001 to 18,00015	50.00
18,001 to 26,00016	87.50
26,001 to 33,00017	137.50
33,001 to 42,00018	250.00
SCHEDULE OF ADDITIONAL AMOUNTS19
Page 6 Gross Vehicle 1 
Weight in Pounds2	Additional Amount
0 to 8,0003	$2.30
8,001 to 12,0004	25.00
12,001 to 18,0005	50.00
18,001 to 26,0006	87.50
26,001 to 33,0007	137.50
33,001 to 42,0008	250.00
"(1) Notwithstanding the other provisions of this9
10 section, a pickup truck as defined in Section 32-8-2, which is
11 used for personal or agricultural use and which is not
12 operated for commercial purposes, shall be licensed and
13 registered based on the gross weight of the vehicle only
14 without regard to the heaviest load to be carried including
15 the heaviest load to be carried on any trailer used in
16 combination with the truck, and, for purposes of this
17 subdivision, the term "gross vehicle weight in pounds" as used
18 in this subsection means the gross weight of the vehicle only
19 without regard to the heaviest load to be carried including
20 the heaviest load to be carried on any trailer used in
21 combination with the truck.
22	"(2) Notwithstanding the other provisions of this
23 section, a motor vehicle wrecker, commonly known as a tow
24 truck, which is used primarily to move, tow, or recover
Page 7 1 disabled motor vehicles or used for impoundment purposes,
2 shall be licensed and registered based on the gross vehicle
3 weight of the wrecker only without regard to the gross vehicle
4 weight of any motor vehicle to be towed by the wrecker.
5	"(c) Every person making application for license
6 under this section to use a truck or truck tractor on the
7 public highways of this state shall be required to file a
8 statement declaring the gross vehicle weight of the truck or
9 truck tractor  with the judge of probate, or other county
10 licensing officer, in the county in which the application is
11 made. Upon payment of the applicable motor vehicle license tax
12 or registration fee, the license to use the truck or truck
13 tractor on the public highways of this state shall be limited
14 to the gross vehicle weight so declared by the owner, which
15 shall be deemed to constitute the allowable gross vehicle
16 weight for which the vehicle is licensed. 
17	"After having obtained a license under this section
18 with respect to any truck or truck tractor, the owner thereof
19 may during the then current tax year voluntarily increase the
20 allowable gross vehicle weight for which the vehicle is
21 licensed by filing a new statement declaring the vehicle's
22 gross weight, applying for a new license applicable to the
23 appropriate gross vehicle weight classification, surrendering
24 the license plates or tags previously obtained, and paying the
25 difference between the fees applicable to a license for the
26 higher weight classification desired and the fee in respect of
27 the license so surrendered. The license classification of a
Page 8 1 truck or truck tractor may not be decreased, however, except
2 once a year at the time new license tags or plates are
3 purchased for the truck or truck tractor."
4	Section 2. This act shall become effective
5 immediately following its passage and approval by the
6 Governor, or its otherwise becoming law.
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