1 HB262 2 216981-6 3 By Representative Allen 4 RFD: Agriculture and Forestry 5 First Read: 03-FEB-22 Page 0 HB262 1 2 ENROLLED, An Act, 3 Relating to motor vehicles; to amend Section 4 40-12-248, Code of Alabama 1975; to limit the annual license 5 tax and registration fee for trucks or truck tractors used in 6 activities reasonably related to the harvesting and processing 7 of forest products. 8 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: 9 Section 1. Section 40-12-248, Code of Alabama 1975, 10 as amended by Act 2021-337 of the 2021 Regular Session is 11 amended to read as follows: 12 "ยง40-12-248. 13 "(a) For each truck or truck tractor using the 14 public highways of this state, annual license taxes and 15 registration fees based on the gross vehicle weight in pounds 16 are imposed and shall be charged. For the purposes of this 17 section, the term "gross vehicle weight" shall mean the empty 18 weight of the truck or truck tractor plus the heaviest load to 19 be carried and, in the case of combinations, shall be deemed 20 to include also the empty weight of the heaviest trailer with 21 which the power unit shall be placed in combination, plus the 22 heaviest load to be carried. No tolerance or margin of error 23 shall be allowable under this section, except as provided in 24 subsection (b). Page 1 HB262 1 "(b) For each truck or truck tractor using the pub- 2 lic highways of this state, the annual license taxes and reg- 3 istration fees herein imposed shall consist of: (i) the base 4 amount applicable to the truck or truck tractor under the 5 schedule of base amounts set forth in this subsection; plus 6 (ii) the additional amount, if any, applicable to the truck or 7 truck tractor under the schedule of additional amounts set 8 forth in this subsection: SCHEDULE OF BASE AMOUNTS9 Gross Vehicle 10 Weight in Pounds11 Base Amount 0 to 8,000 12 $10.70 8,001 to 10,00013 17.50 10,001 to 12,00014 52.50 12,001 to 18,00015 85.00 18,001 to 26,00016 117.50 26,001 to 33,00017 150.00 33,001 to 42,00018 260.00 42,001 to 55,00019 292.50 55,001 to 64,00020 325.00 Page 2 HB262 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 HB262 "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 Page 4 HB262 1 to the harvesting and processing of forest products 2 transporting forest products or forestry harvesting and 3 management equipment from the point of severance to a sawmill, 4 to a papermill, or to a concentration yard exceeds 42,000 5 pounds, the annual license tax and registration fee for the 6 restricted tags shall consist of the base amount applicable to 7 the truck tractor under the schedule base amounts set forth in 8 this subsection, plus the additional amount applicable to the 9 truck or truck tractor under the schedule of additional 10 amounts set forth in this subsection. 11 "For purposes of enforcement of farm truck license 12 tags or of forest products truck license tags, all scaled 13 weight shall be allowed a tolerance or a margin of error of 10 14 percent of the true gross or axle weights to allow for any 15 climatic conditions. 16 "For each truck tractor that is operated by a 17 certificated motor carrier and that is operated exclusively 18 within 15 miles of the corporate limits of the incorporated 19 municipality in which it is customarily domiciled, but not 20 including vehicles operating beyond the borders of Alabama, 21 and which is registered in the county in which it is 22 customarily domiciled, a total annual license tax and 23 registration fee of three hundred dollars ($300) is imposed 24 and shall be charged. Page 5 HB262 1 "The total amount of the annual license tax and reg- 2 istration fee shall be limited to the following schedule for 3 all self-propelled campers or house cars, but a self-propelled 4 camper or a house car whose weight does not exceed 8,000 5 pounds, shall be subject to Section 40-12-273(b): SCHEDULE OF BASE AMOUNTS6 Gross Vehicle 7 Weight in Pounds8 Base Amount 0 to 8,0009 $10.70 8,001 to 12,00010 25.00 12,001 to 18,00011 50.00 18,001 to 26,00012 87.50 26,001 to 33,00013 137.50 33,001 to 42,00014 250.00 SCHEDULE OF ADDITIONAL AMOUNTS15 Gross Vehicle 16 Weight in Pounds17 Additional Amount Page 6 HB262 0 to 8,0001 $2.30 8,001 to 12,0002 25.00 12,001 to 18,0003 50.00 18,001 to 26,0004 87.50 26,001 to 33,0005 137.50 33,001 to 42,0006 250.00 "(1) Notwithstanding the other provisions of this7 8 section, a pickup truck as defined in Section 32-8-2, which is 9 used for personal or agricultural use and which is not 10 operated for commercial purposes, shall be licensed and 11 registered based on the gross weight of the vehicle only 12 without regard to the heaviest load to be carried including 13 the heaviest load to be carried on any trailer used in 14 combination with the truck, and, for purposes of this 15 subdivision, the term "gross vehicle weight in pounds" as used 16 in this subsection means the gross weight of the vehicle only 17 without regard to the heaviest load to be carried including 18 the heaviest load to be carried on any trailer used in 19 combination with the truck. 20 "(2) Notwithstanding the other provisions of this 21 section, a motor vehicle wrecker, commonly known as a tow 22 truck, which is used primarily to move, tow, or recover 23 disabled motor vehicles or used for impoundment purposes, Page 7 HB262 1 shall be licensed and registered based on the gross vehicle 2 weight of the wrecker only without regard to the gross vehicle 3 weight of any motor vehicle to be towed by the wrecker. 4 "(c) Every person making application for license 5 under this section to use a truck or truck tractor on the 6 public highways of this state shall be required to file a 7 statement declaring the gross vehicle weight of the truck or 8 truck tractor with the judge of probate, or other county 9 licensing officer, in the county in which the application is 10 made. Upon payment of the applicable motor vehicle license tax 11 or registration fee, the license to use the truck or truck 12 tractor on the public highways of this state shall be limited 13 to the gross vehicle weight so declared by the owner, which 14 shall be deemed to constitute the allowable gross vehicle 15 weight for which the vehicle is licensed. 16 "After having obtained a license under this section 17 with respect to any truck or truck tractor, the owner thereof 18 may during the then current tax year voluntarily increase the 19 allowable gross vehicle weight for which the vehicle is 20 licensed by filing a new statement declaring the vehicle's 21 gross weight, applying for a new license applicable to the 22 appropriate gross vehicle weight classification, surrendering 23 the license plates or tags previously obtained, and paying the 24 difference between the fees applicable to a license for the 25 higher weight classification desired and the fee in respect of Page 8 HB262 1 the license so surrendered. The license classification of a 2 truck or truck tractor may not be decreased, however, except 3 once a year at the time new license tags or plates are 4 purchased for the truck or truck tractor." 5 Section 2. This act shall become effective 6 immediately following its passage and approval by the 7 Governor, or its otherwise becoming law. Page 9 HB262 1 2 3 4 Speaker of the House of Representatives 5 6 President and Presiding Officer of the Senate House of Representatives7 I hereby certify that the within Act originated in8 9 and was passed by the House 24-FEB-22, as amended. 10 11 Jeff Woodard 12 Clerk 13 14 15 Senate16 17-MAR-22 Passed 17 Page 10