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 2 3 4 5 6 7 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. Page 9