1 HB262
2 216981-5
3 By Representative Allen
4 RFD: Agriculture and Forestry
5 First Read: 03-FEB-22
Page 0 1 ENGROSSED
2
3
4 A BILL
5 TO BE ENTITLED
6 AN ACT
7
8 Relating to motor vehicles; to amend Section
9 40-12-248, Code of Alabama 1975; to limit the annual license
10 tax and registration fee for trucks or truck tractors used in
11 activities reasonably related to the harvesting and processing
12 of forest products.
13 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
14 Section 1. Section 40-12-248, Code of Alabama 1975,
15 as amended by Act 2021-337 of the 2021 Regular Session is
16 amended to read as follows:
17 "ยง40-12-248.
18 "(a) For each truck or truck tractor using the
19 public highways of this state, annual license taxes and
20 registration fees based on the gross vehicle weight in pounds
21 are imposed and shall be charged. For the purposes of this
22 section, the term "gross vehicle weight" shall mean the empty
23 weight of the truck or truck tractor plus the heaviest load to
24 be carried and, in the case of combinations, shall be deemed
25 to include also the empty weight of the heaviest trailer with
26 which the power unit shall be placed in combination, plus the
27 heaviest load to be carried. No tolerance or margin of error
Page 1 1 shall be allowable under this section, except as provided in
2 subsection (b).
3 "(b) For each truck or truck tractor using the pub-
4 lic highways of this state, the annual license taxes and reg-
5 istration fees herein imposed shall consist of: (i) the base
6 amount applicable to the truck or truck tractor under the
7 schedule of base amounts set forth in this subsection; plus
8 (ii) the additional amount, if any, applicable to the truck or
9 truck tractor under the schedule of additional amounts set
10 forth in this subsection:
SCHEDULE OF BASE AMOUNTS11
Gross Vehicle 12
Weight in Pounds13 Base Amount
0 to 8,000 14 $10.70
8,001 to 10,00015 17.50
10,001 to 12,00016 52.50
12,001 to 18,00017 85.00
18,001 to 26,00018 117.50
26,001 to 33,00019 150.00
33,001 to 42,00020 260.00
42,001 to 55,00021 292.50
55,001 to 64,00022 325.00
Page 2 64,001 to 73,2801 357.50
73,281 to 80,0002 407.50
80,001 or over3 445.00
SCHEDULE OF ADDITIONAL AMOUNTS4
Gross Vehicle 5
Weight in Pounds6 Additional Amount
0 to 8,000 7 $2.30
8,001 to 10,0008 17.50
10,001 to 12,0009 52.50
12,001 to 18,00010 85.00
18,001 to 26,00011 117.50
26,001 to 33,00012 150.00
33,001 to 42,00013 260.00
42,001 to 55,00014 292.50
55,001 to 64,00015 325.00
64,001 to 73,28016 357.50
73,281 to 80,00017 407.50
80,001 or over18 445.00
Page 3 "The total amount of the annual license tax and1
2 registration fee shall be limited with respect to trucks or
3 truck tractors owned and used by a farmer for transporting
4 farm products or the personal property of the farmer for use
5 on his or her farm to a maximum of thirty dollars ($30) where
6 the gross vehicle weight of the truck does not exceed 30,000
7 pounds; to a maximum of eighty-five dollars ($85) where the
8 gross vehicle weight of the truck exceeds 30,000 pounds, but
9 does not exceed 42,000 pounds; and to a maximum of two hundred
10 fifty dollars ($250) where the gross vehicle weight of the
11 truck or truck tractor is up to and including the class
12 currently designated 80,001 pounds or over. The annual license
13 tax and registration fee shall be limited with respect to
14 trucks owned and used by any person for activities reasonably
15 related to the harvesting and processing of forest products
16 transporting forest products or forestry harvesting and
17 management equipment from the point of severance to a sawmill,
18 to a papermill, or to a concentration yard to a maximum of
19 forty dollars ($40) where the gross vehicle weight of the
20 truck does not exceed 30,000 pounds and to a maximum of
21 sixty-five dollars ($65) where the gross vehicle weight
22 exceeds 30,000 pounds, but does not exceed 42,000 pounds.
23 Where the gross vehicle weight of a truck or truck tractor
24 owned and used by any person for activities reasonably related
25 to the harvesting and processing of forest products
26 transporting forest products or forestry harvesting and
Page 4 1 management equipment from the point of severance to a sawmill,
2 to a papermill, or to a concentration yard exceeds 42,000
3 pounds, the annual license tax and registration fee for the
4 restricted tags shall consist of the base amount applicable to
5 the truck tractor under the schedule base amounts set forth in
6 this subsection, plus the additional amount applicable to the
7 truck or truck tractor under the schedule of additional
8 amounts set forth in this subsection.
9 "For purposes of enforcement of farm truck license
10 tags or of forest products truck license tags, all scaled
11 weight shall be allowed a tolerance or a margin of error of 10
12 percent of the true gross or axle weights to allow for any
13 climatic conditions.
14 "For each truck tractor that is operated by a
15 certificated motor carrier and that is operated exclusively
16 within 15 miles of the corporate limits of the incorporated
17 municipality in which it is customarily domiciled, but not
18 including vehicles operating beyond the borders of Alabama,
19 and which is registered in the county in which it is
20 customarily domiciled, a total annual license tax and
21 registration fee of three hundred dollars ($300) is imposed
22 and shall be charged.
23 "The total amount of the annual license tax and reg-
24 istration fee shall be limited to the following schedule for
25 all self-propelled campers or house cars, but a self-propelled
26 camper or a house car whose weight does not exceed 8,000
27 pounds, shall be subject to Section 40-12-273(b):
Page 5 SCHEDULE OF BASE AMOUNTS1
Gross Vehicle 2
Weight in Pounds3 Base Amount
0 to 8,0004 $10.70
8,001 to 12,0005 25.00
12,001 to 18,0006 50.00
18,001 to 26,0007 87.50
26,001 to 33,0008 137.50
33,001 to 42,0009 250.00
SCHEDULE OF ADDITIONAL AMOUNTS10
Gross Vehicle 11
Weight in Pounds12 Additional Amount
0 to 8,00013 $2.30
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
Page 6 "(1) Notwithstanding the other provisions of this1
2 section, a pickup truck as defined in Section 32-8-2, which is
3 used for personal or agricultural use and which is not
4 operated for commercial purposes, shall be licensed and
5 registered based on the gross weight of the vehicle only
6 without regard to the heaviest load to be carried including
7 the heaviest load to be carried on any trailer used in
8 combination with the truck, and, for purposes of this
9 subdivision, the term "gross vehicle weight in pounds" as used
10 in this subsection means the gross weight of the vehicle only
11 without regard to the heaviest load to be carried including
12 the heaviest load to be carried on any trailer used in
13 combination with the truck.
14 "(2) Notwithstanding the other provisions of this
15 section, a motor vehicle wrecker, commonly known as a tow
16 truck, which is used primarily to move, tow, or recover
17 disabled motor vehicles or used for impoundment purposes,
18 shall be licensed and registered based on the gross vehicle
19 weight of the wrecker only without regard to the gross vehicle
20 weight of any motor vehicle to be towed by the wrecker.
21 "(c) Every person making application for license
22 under this section to use a truck or truck tractor on the
23 public highways of this state shall be required to file a
24 statement declaring the gross vehicle weight of the truck or
25 truck tractor with the judge of probate, or other county
26 licensing officer, in the county in which the application is
Page 7 1 made. Upon payment of the applicable motor vehicle license tax
2 or registration fee, the license to use the truck or truck
3 tractor on the public highways of this state shall be limited
4 to the gross vehicle weight so declared by the owner, which
5 shall be deemed to constitute the allowable gross vehicle
6 weight for which the vehicle is licensed.
7 "After having obtained a license under this section
8 with respect to any truck or truck tractor, the owner thereof
9 may during the then current tax year voluntarily increase the
10 allowable gross vehicle weight for which the vehicle is
11 licensed by filing a new statement declaring the vehicle's
12 gross weight, applying for a new license applicable to the
13 appropriate gross vehicle weight classification, surrendering
14 the license plates or tags previously obtained, and paying the
15 difference between the fees applicable to a license for the
16 higher weight classification desired and the fee in respect of
17 the license so surrendered. The license classification of a
18 truck or truck tractor may not be decreased, however, except
19 once a year at the time new license tags or plates are
20 purchased for the truck or truck tractor."
21 Section 2. This act shall become effective
22 immediately following its passage and approval by the
23 Governor, or its otherwise becoming law.
Page 8 1
2
House of Representatives3
Read for the first time and re-4
5 ferred to the House of Representa-
6 tives committee on Agriculture and
Forestry...........................7 .......03-FEB-22
8
Read for the second time and placed9
on the calendar 1 amendment ......10 .......09-FEB-22
11
Read for the third time and passed12
as amended.........................13 .......24-FEB-22
Yeas 101, Nays 0, Abstains 014
15
16 Jeff Woodard
17 Clerk
18
Page 9