| 1 | 1 | | 1 HB368 |
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| 2 | 2 | | 2 216626-1 |
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| 3 | 3 | | 3 By Representative Fincher |
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| 4 | 4 | | 4 RFD: Transportation, Utilities and Infrastructure |
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| 5 | 5 | | 5 First Read: 16-FEB-22 |
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| 6 | 6 | | |
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| 7 | 7 | | Page 0 1 216626-1:n:01/20/2022:KBB/xx LSA 2022-156 |
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| 8 | 8 | | 2 |
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| 10 | 10 | | 4 |
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| 11 | 11 | | 5 |
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| 12 | 12 | | 6 |
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| 13 | 13 | | 7 |
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| 14 | 14 | | 8 SYNOPSIS: Under existing law, motor vehicles used |
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| 15 | 15 | | 9 primarily for transporting timber products are |
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| 16 | 16 | | 10 subject to per axel weight requirements. |
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| 17 | 17 | | 11 This bill would allow for a 10 percent |
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| 18 | 18 | | 12 variance in the required maximum gross weight per |
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| 19 | 19 | | 13 axel for motor vehicles used primarily for |
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| 20 | 20 | | 14 transporting timber products. |
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| 21 | 21 | | 15 |
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| 22 | 22 | | 16 A BILL |
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| 23 | 23 | | 17 TO BE ENTITLED |
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| 24 | 24 | | 18 AN ACT |
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| 25 | 25 | | 19 |
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| 26 | 26 | | 20 Relating to motor vehicles; to amend Section |
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| 27 | 27 | | 21 32-9-20, Code of Alabama 1975, to allow motor vehicles |
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| 28 | 28 | | 22 transporting timber a variance in the required maximum gross |
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| 29 | 29 | | 23 weight per axel under certain conditions. |
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| 30 | 30 | | 24 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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| 31 | 31 | | 25 Section 1. Section 32-9-20, Code of Alabama 1975, is |
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| 32 | 32 | | 26 amended to read as follows: |
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| 33 | 33 | | 27 "ยง32-9-20. |
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| 34 | 34 | | Page 1 1 "(a) It shall be unlawful for any person to drive or |
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| 35 | 35 | | 2 move on any highway in this state any vehicle or vehicles of a |
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| 36 | 36 | | 3 size or weight except in accordance with the following: |
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| 37 | 37 | | 4 "(1) WIDTH. Vehicles and combinations of vehicles, |
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| 38 | 38 | | 5 operating on highways with traffic lanes 12 feet or more in |
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| 39 | 39 | | 6 width, shall not exceed a total outside width, including any |
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| 40 | 40 | | 7 load thereon, of 102 inches, exclusive of mirrors or other |
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| 41 | 41 | | 8 safety devices approved by the Department of Transportation. |
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| 42 | 42 | | 9 The Director of Transportation may, in his or her discretion, |
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| 43 | 43 | | 10 designate other public highways for use by vehicles and loads |
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| 44 | 44 | | 11 with total outside widths not exceeding 102 inches, otherwise; |
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| 45 | 45 | | 12 vehicles and combinations of vehicles, operating on highways |
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| 46 | 46 | | 13 with traffic lanes less than 12 feet in width, shall not |
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| 47 | 47 | | 14 exceed a total outside width, including any load thereon, of |
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| 48 | 48 | | 15 96 inches, exclusive of mirrors or other safety devices |
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| 49 | 49 | | 16 approved by the Department of Transportation. No passenger |
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| 50 | 50 | | 17 vehicle shall carry any load extending beyond the line of the |
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| 51 | 51 | | 18 fenders. No vehicle hauling forest products or culvert pipe on |
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| 52 | 52 | | 19 any highway in this state shall have a load exceeding 102 |
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| 53 | 53 | | 20 inches in width. |
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| 54 | 54 | | 21 "(2) HEIGHT. No vehicle or semitrailer or trailer |
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| 55 | 55 | | 22 shall exceed in height 13 1/2 feet, including load. |
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| 56 | 56 | | 23 "(3) LENGTH. No vehicle shall exceed in length 40 |
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| 57 | 57 | | 24 feet; except, that the length of a truck-semitrailer |
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| 58 | 58 | | 25 combination, semitrailers, including load, used in a truck |
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| 59 | 59 | | 26 tractor-semitrailer combination, shall not exceed 57 feet; |
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| 60 | 60 | | 27 semitrailers and trailers, including load, used in a truck |
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| 61 | 61 | | Page 2 1 tractor-semitrailer-trailer combination, shall not exceed 28 |
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| 62 | 62 | | 2 1/2 feet each; and motor vehicles designed, used, or |
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| 63 | 63 | | 3 maintained primarily as a mobile dwelling, office, or |
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| 64 | 64 | | 4 commercial space, commonly called motor homes, shall not |
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| 65 | 65 | | 5 exceed 45 feet. Semitrailers exceeding 53 1/2 feet shall only |
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| 66 | 66 | | 6 be operated on highways designated pursuant to Section 32-9-1 |
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| 67 | 67 | | 7 and shall only be operated when the distance between the |
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| 68 | 68 | | 8 kingpin of the semitrailer and the rearmost axle or a point |
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| 69 | 69 | | 9 midway between the two rear axles, if the two rear axles are |
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| 70 | 70 | | 10 tandem axles, does not exceed 41 feet and if the semitrailer |
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| 71 | 71 | | 11 is equipped with a rear underride guard of a substantial |
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| 72 | 72 | | 12 construction consisting of a continuous lateral beam extending |
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| 73 | 73 | | 13 to within four inches of the lateral extremities of the |
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| 74 | 74 | | 14 semitrailer and located not more than 22 inches from the |
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| 75 | 75 | | 15 surface as measured with the semitrailers empty and on a level |
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| 76 | 76 | | 16 surface. For purposes of enforcement of this subdivision, |
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| 77 | 77 | | 17 lengths of semitrailers and trailers refer to the cargo |
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| 78 | 78 | | 18 carrying portion of the unit. Truck tractor units used |
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| 79 | 79 | | 19 exclusively in combinations transporting motor vehicles may |
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| 80 | 80 | | 20 directly carry a portion of the cargo, provided that the |
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| 81 | 81 | | 21 combinations are restricted to truck tractor-semitrailer |
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| 82 | 82 | | 22 combinations only and provided further that the overall length |
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| 83 | 83 | | 23 of these particular combinations shall not exceed 65 feet; |
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| 84 | 84 | | 24 except that the overall length of stinger-steered type units |
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| 85 | 85 | | 25 shall not exceed 80 feet. No truck tractor-semitrailer |
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| 86 | 86 | | 26 combination used exclusively for transporting motor vehicles |
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| 87 | 87 | | 27 shall carry any load extending more than four feet beyond the |
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| 88 | 88 | | Page 3 1 front or six feet beyond the rear of the combination. No other |
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| 89 | 89 | | 2 vehicle operated on a highway shall carry any load extending |
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| 90 | 90 | | 3 more than a total of five feet beyond both the front and rear, |
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| 91 | 91 | | 4 inclusive, of the vehicle. |
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| 92 | 92 | | 5 "(4) WEIGHT. |
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| 93 | 93 | | 6 "a. The gross weight imposed on the highway by the |
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| 94 | 94 | | 7 wheels of any one axle of a vehicle shall not exceed 20,000 |
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| 95 | 95 | | 8 pounds, or such other weight, if any, as may be permitted by |
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| 96 | 96 | | 9 federal law to keep the state from losing federal funds; |
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| 97 | 97 | | 10 provided, that inadequate bridges shall be posted to define |
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| 98 | 98 | | 11 load limits. |
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| 99 | 99 | | 12 "b. For the purpose of this section, an axle load |
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| 100 | 100 | | 13 shall be defined as the total load transmitted to the road by |
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| 101 | 101 | | 14 all wheels whose centers are included between two parallel |
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| 102 | 102 | | 15 transverse vertical planes 40 inches apart, extending across |
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| 103 | 103 | | 16 the full width of the vehicle. |
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| 104 | 104 | | 17 "c. Subject to the limit upon the weight imposed |
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| 105 | 105 | | 18 upon the highway through any one axle as set forth herein, the |
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| 106 | 106 | | 19 total weight with load imposed upon the highway by all the |
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| 107 | 107 | | 20 axles of a vehicle or combination of vehicles shall not exceed |
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| 108 | 108 | | 21 the gross weight given for the respective distances between |
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| 109 | 109 | | 22 the first and last axle of the vehicle or combination of vehi- |
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| 110 | 110 | | 23 cles, measured longitudinally to the nearest foot as set forth |
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| 111 | 111 | | 24 in the following table: |
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| 112 | 112 | | COMPUTED GROSS WEIGHT TABLE25 |
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| 113 | 113 | | Page 4 For various spacings of axle groupings1 |
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| 114 | 114 | | Distance in feet between first2 |
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| 115 | 115 | | 3 and last axles of vehicle or |
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| 116 | 116 | | 4 combination of vehicles |
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| 117 | 117 | | Maximum load in |
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| 118 | 118 | | pounds on all the |
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| 119 | 119 | | axles |
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| 120 | 120 | | |
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| 121 | 121 | | 5 2 axles 3 axles 4 axles 5 axles 6 axles |
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| 122 | 122 | | 8 or 6 |
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| 123 | 123 | | 7 less |
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| 124 | 124 | | 36,000 42,000 42,000 |
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| 125 | 125 | | 98 38,000 42,500 42,500 |
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| 126 | 126 | | 109 40,000 43,500 43,500 |
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| 127 | 127 | | 1110 44,000 44,000 |
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| 128 | 128 | | 1211 45,000 50,000 50,000 |
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| 129 | 129 | | 1312 45,500 50,500 50,500 |
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| 130 | 130 | | 1413 46,500 51,500 51,500 |
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| 131 | 131 | | 1514 47,000 52,000 52,000 |
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| 132 | 132 | | 1615 48,000 52,500 58,000 58,000 |
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| 133 | 133 | | 1716 48,500 53,500 58,500 58,500 |
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| 134 | 134 | | 1817 49,500 54,000 59,000 59,000 |
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| 135 | 135 | | 1918 50,000 54,500 60,000 60,000 |
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| 136 | 136 | | 2019 51,000 55,500 60,500 66,000 |
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| 137 | 137 | | 2120 51,500 56,000 61,000 66,500 |
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| 138 | 138 | | Page 5 221 52,500 56,500 61,500 67,000 |
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| 139 | 139 | | 232 53,000 57,500 62,500 68,000 |
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| 140 | 140 | | 243 54,000 58,000 63,000 68,500 |
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| 141 | 141 | | 254 54,500 58,500 63,500 69,000 |
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| 142 | 142 | | 265 56,000 59,500 64,000 69,500 |
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| 143 | 143 | | 276 57,000 60,000 65,000 70,000 |
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| 144 | 144 | | 287 59,000 60,500 65,500 71,000 |
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| 145 | 145 | | 298 60,000 61,500 66,000 71,500 |
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| 146 | 146 | | 309 62,000 66,500 72,000 |
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| 147 | 147 | | 3110 63,500 67,000 72,500 |
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| 148 | 148 | | 3211 64,500 68,000 73,500 |
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| 149 | 149 | | 3312 65,000 69,000 74,000 |
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| 150 | 150 | | 3413 65,500 70,000 74,500 |
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| 151 | 151 | | 35 14 66,500 71,000 75,000 |
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| 152 | 152 | | 3615 67,000 72,000 76,000 |
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| 153 | 153 | | 3716 68,000 73,000 77,000 |
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| 154 | 154 | | 3817 69,000 74,000 78,000 |
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| 155 | 155 | | 3918 70,000 75,000 79,000 |
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| 156 | 156 | | 4019 71,000 76,000 80,000 |
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| 157 | 157 | | 4120 72,000 77,000 81,000 |
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| 158 | 158 | | 4221 73,000 78,000 82,000 |
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| 159 | 159 | | 4322 74,000 79,000 83,000 |
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| 160 | 160 | | Page 6 44 and1 |
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| 161 | 161 | | 2 over |
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| 162 | 162 | | 75,000 80,000 84,000 |
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| 163 | 163 | | "Except as provided by special permits, no vehicle3 |
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| 164 | 164 | | 4 or combination of vehicles exceeding the gross weights |
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| 165 | 165 | | 5 specified above shall be permitted to travel on the public |
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| 166 | 166 | | 6 highways within the State of Alabama. |
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| 167 | 167 | | 7 "No vehicle or combination of vehicles shall be |
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| 168 | 168 | | 8 permitted to operate on any portion of the Interstate Highway |
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| 169 | 169 | | 9 System of Alabama that shall have a greater weight than 20,000 |
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| 170 | 170 | | 10 pounds carried on any one axle, including all enforcement |
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| 171 | 171 | | 11 tolerances, or with a tandem axle weight in excess of 34,000 |
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| 172 | 172 | | 12 pounds, including all enforcement tolerances, or with an |
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| 173 | 173 | | 13 overall gross weight on a group of two or more consecutive |
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| 174 | 174 | | 14 axles produced by application of the following formula: |
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| 175 | 175 | | 15 W=500 (LN + 12N +36) |
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| 176 | 176 | | 16 (N-1) |
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| 177 | 177 | | "where W = overall gross weight on any group of two17 |
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| 178 | 178 | | 18 or more consecutive axles to the nearest 500 pounds, L = |
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| 179 | 179 | | 19 distance in feet between the extreme of any group of two or |
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| 180 | 180 | | 20 more consecutive axles, and N = number of axles in group under |
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| 181 | 181 | | 21 consideration; except, that two consecutive sets of tandem |
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| 182 | 182 | | 22 axles may carry a gross load of 34,000 pounds each, provided |
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| 183 | 183 | | Page 7 1 the overall distance between the first and last axles of the |
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| 184 | 184 | | 2 consecutive sets of tandem axles is 36 feet or more; provided, |
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| 185 | 185 | | 3 that the overall gross weight may not exceed 80,000 pounds, |
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| 186 | 186 | | 4 including all enforcement tolerances. Nothing in this section |
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| 187 | 187 | | 5 shall be construed as permitting size or weight limits on the |
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| 188 | 188 | | 6 National System of Interstate and Defense Highways in this |
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| 189 | 189 | | 7 state in excess of those permitted under 23 U.S.C. Section |
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| 190 | 190 | | 8 127. If the federal government prescribes or adopts vehicle |
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| 191 | 191 | | 9 size or weight limits greater than or less than those now |
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| 192 | 192 | | 10 prescribed by 23 U.S.C. Section 127 for the National System of |
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| 193 | 193 | | 11 Interstate and Defense Highways, the increased or decreased |
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| 194 | 194 | | 12 limits shall become effective on the National System of |
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| 195 | 195 | | 13 Interstate and Defense Highways in this state. Nothing in this |
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| 196 | 196 | | 14 section shall be construed to deny the operation of any |
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| 197 | 197 | | 15 vehicle or combination of vehicles that could be lawfully |
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| 198 | 198 | | 16 operated upon the highways and roads of this state on January |
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| 199 | 199 | | 17 4, 1975. |
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| 200 | 200 | | 18 "d. For purposes of enforcement of this subdivision, |
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| 201 | 201 | | 19 all weights less than or equal to the sum of the weight |
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| 202 | 202 | | 20 otherwise prescribed by this subdivision, plus an additional |
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| 203 | 203 | | 21 weight to be calculated by multiplying the weight prescribed |
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| 204 | 204 | | 22 by this subdivision by one-tenth (.10) that shall represent a |
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| 205 | 205 | | 23 scale or enforcement tolerance, shall be deemed to be in |
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| 206 | 206 | | 24 compliance with the requirements of this section, and shall |
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| 207 | 207 | | 25 not constitute violations thereof. No evidence shall be |
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| 208 | 208 | | 26 admitted into evidence or considered by the trier of fact in |
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| 209 | 209 | | 27 any civil action unless the evidence proffered would tend to |
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| 210 | 210 | | Page 8 1 prove that the weight of the vehicle exceeded the amount |
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| 211 | 211 | | 2 provided in this subsection. Nothing in this paragraph d. |
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| 212 | 212 | | 3 shall restrict or affect the right of any defendant to place |
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| 213 | 213 | | 4 in evidence such evidence tending to prove the defendant was |
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| 214 | 214 | | 5 in compliance with this section. |
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| 215 | 215 | | 6 "e. Dump trucks, dump trailers, concrete mixing |
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| 216 | 216 | | 7 trucks, fuel oil, gasoline trucks, and trucks designated and |
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| 217 | 217 | | 8 constructed for special type work or use shall not be made to |
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| 218 | 218 | | 9 conform to the axle spacing requirements of paragraph (4)c of |
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| 219 | 219 | | 10 this section; provided, that the vehicle shall be limited to a |
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| 220 | 220 | | 11 weight of 20,000 pounds per axle plus scale tolerances; and, |
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| 221 | 221 | | 12 provided further, that the maximum gross weight of the |
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| 222 | 222 | | 13 vehicles shall not exceed the maximum weight allowed by this |
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| 223 | 223 | | 14 section for the appropriate number of axles, irrespective of |
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| 224 | 224 | | 15 the distance between axles, plus allowable scale tolerances. |
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| 225 | 225 | | 16 All axles shall be brake equipped. Trucks delivering asphalt |
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| 226 | 226 | | 17 plant mix which do not exceed the maximum allowable gross |
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| 227 | 227 | | 18 weight and operate within 50 miles of their home base shall |
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| 228 | 228 | | 19 not be required to conform to the requirements of paragraph |
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| 229 | 229 | | 20 (4)a of this section. Concrete mixing trucks which operate |
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| 230 | 230 | | 21 within 50 miles of their home base and do not exceed the |
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| 231 | 231 | | 22 maximum allowable gross weight shall not be required to |
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| 232 | 232 | | 23 conform to the requirements of paragraph (4)a of this section. |
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| 233 | 233 | | 24 It shall be a violation if the vehicles named under this |
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| 234 | 234 | | 25 subdivision travel upon bridges designated and posted by the |
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| 235 | 235 | | 26 Transportation Director as incapable of carrying the load. |
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| 236 | 236 | | Page 9 1 "f. If the driver of any vehicle can comply with the |
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| 237 | 237 | | 2 weight requirements of this section by shifting or equalizing |
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| 238 | 238 | | 3 the load on all wheels or axles and does so when requested by |
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| 239 | 239 | | 4 the proper authority, the driver shall not be held to be |
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| 240 | 240 | | 5 operating in violation of this section. |
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| 241 | 241 | | 6 "g. When portable scales are used in the enforcement |
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| 242 | 242 | | 7 of this section, the axles of any vehicle described or |
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| 243 | 243 | | 8 commonly referred to as tandem or triaxle rigs or units (that |
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| 244 | 244 | | 9 is, vehicles having two or more axles in addition to a |
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| 245 | 245 | | 10 steering axle), the group of tandem or triaxles shall be |
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| 246 | 246 | | 11 weighed simultaneously, and the total weight so derived shall |
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| 247 | 247 | | 12 be divided by the number of axles weighed in the group to |
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| 248 | 248 | | 13 arrive at the per axle weight, except that if any one axle in |
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| 249 | 249 | | 14 the group exceeds 20,000 pounds in weight, it shall not exceed |
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| 250 | 250 | | 15 the weight of any other axle in the group by more than 50 |
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| 251 | 251 | | 16 percent. When portable scales are used to determine the weight |
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| 252 | 252 | | 17 of a vehicle pursuant to this section, the operator of the |
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| 253 | 253 | | 18 vehicle will be permitted to move the vehicle to the nearest |
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| 254 | 254 | | 19 platform scales certified by the Department of Agriculture and |
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| 255 | 255 | | 20 Industries and operated by a bonded operator within a distance |
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| 256 | 256 | | 21 of 10 highway miles, accompanied by an enforcement officer to |
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| 257 | 257 | | 22 verify the accuracy of the portable scales used in determining |
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| 258 | 258 | | 23 the vehicle weight. If the weight of the vehicle is shown by |
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| 259 | 259 | | 24 the platform scales to be within the legal limits of this |
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| 260 | 260 | | 25 section, the operator of the vehicle shall not be held to be |
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| 261 | 261 | | 26 in violation of this section. |
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| 262 | 262 | | Page 10 1 "h. The governing body of a county, by appropriate |
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| 263 | 263 | | 2 resolution, may authorize limitations less than those |
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| 264 | 264 | | 3 prescribed herein for vehicles operated upon the county |
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| 265 | 265 | | 4 highways of the county. |
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| 266 | 266 | | 5 "i. The Department of Transportation may post or |
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| 267 | 267 | | 6 limit any road or bridge to weights less than those prescribed |
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| 268 | 268 | | 7 by this section. It is the legislative intent and purpose that |
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| 269 | 269 | | 8 this section be rigidly enforced by the Department of |
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| 270 | 270 | | 9 Transportation, the Alabama State Law Enforcement Agency and |
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| 271 | 271 | | 10 any other authorized law enforcement officers of the state, |
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| 272 | 272 | | 11 any county, or city and incorporated towns. |
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| 273 | 273 | | 12 "j. Two and three axle vehicles being used |
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| 274 | 274 | | 13 exclusively for the purpose of transporting agricultural |
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| 275 | 275 | | 14 commodities or products to and from a farm and for |
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| 276 | 276 | | 15 agricultural purposes relating to the operation and |
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| 277 | 277 | | 16 maintenance of a farm by any farmer, custom harvester or |
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| 278 | 278 | | 17 husbandman may not be made to conform to the axle requirements |
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| 279 | 279 | | 18 of paragraph (4)a of this section or the gross weight |
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| 280 | 280 | | 19 requirements of paragraph (4)c of this section. |
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| 281 | 281 | | 20 "k. Vehicles being used exclusively for the purpose |
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| 282 | 282 | | 21 of transporting timber products from the site of its cutting |
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| 283 | 283 | | 22 to the first point of delivery where the timber is transferred |
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| 284 | 284 | | 23 may exceed by no more than 10 percent the gross weight per |
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| 285 | 285 | | 24 axle requirements of paragraph (4)c. |
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| 286 | 286 | | 25 "(b)(1) Any vehicle utilizing an auxiliary power or |
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| 287 | 287 | | 26 idle reduction technology unit in order to promote reduction |
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| 288 | 288 | | 27 of fuel use and emissions because of engine idling shall be |
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| 289 | 289 | | Page 11 1 allowed an additional 400 pounds total to the gross, axle, |
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| 290 | 290 | | 2 tandem, or bridge formula weight limits defined in this |
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| 291 | 291 | | 3 section. |
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| 292 | 292 | | 4 "(2) To be eligible for the exception provided in |
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| 293 | 293 | | 5 this subsection, the operator of the vehicle must provide |
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| 294 | 294 | | 6 written proof or certification of the weight of the auxiliary |
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| 295 | 295 | | 7 power unit (APU) and demonstrate or certify the idle reduction |
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| 296 | 296 | | 8 technology is fully functional at all times. |
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| 297 | 297 | | 9 "(3) Written proof or certification of the weight of |
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| 298 | 298 | | 10 the APU must be available to law enforcement officers if the |
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| 299 | 299 | | 11 vehicle is found in violation of applicable weight laws. The |
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| 300 | 300 | | 12 weight allowed cannot exceed 400 pounds or the actual weight |
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| 301 | 301 | | 13 proven or certified, whichever is less. |
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| 302 | 302 | | 14 "(4) It is the intent of this subsection to apply at |
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| 303 | 303 | | 15 the state highway level the weight limit increase for vehicles |
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| 304 | 304 | | 16 using a functioning auxiliary power or idle reduction |
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| 305 | 305 | | 17 technology as provided in the Federal Energy Policy Act of |
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| 306 | 306 | | 18 2005. |
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| 307 | 307 | | 19 "(c)(1) Any motor vehicle, if operated by an engine |
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| 308 | 308 | | 20 fueled primarily by natural gas, may exceed any vehicle weight |
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| 309 | 309 | | 21 limit, up to a maximum gross vehicle weight of 82,000 pounds, |
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| 310 | 310 | | 22 under this section by an amount that is equal to the |
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| 311 | 311 | | 23 difference between: |
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| 312 | 312 | | 24 "a. The weight of the vehicle attributable to the |
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| 313 | 313 | | 25 natural gas tank and fueling system carried by that vehicle; |
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| 314 | 314 | | 26 and |
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| 315 | 315 | | Page 12 1 "b. The weight of a comparable diesel tank and |
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| 316 | 316 | | 2 fueling system. |
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| 317 | 317 | | 3 "(2) This subsection applies on federal interstate |
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| 318 | 318 | | 4 highways to the weight limit increases for vehicles using an |
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| 319 | 319 | | 5 EPA certified natural gas engine or an EPA approved conversion |
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| 320 | 320 | | 6 unit installed on the vehicle which allows the vehicle to |
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| 321 | 321 | | 7 operate primarily on compressed natural gas or liquefied |
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| 322 | 322 | | 8 natural gas." |
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| 323 | 323 | | 9 Section 2. This act shall become effective on the |
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| 324 | 324 | | 10 first day of the third month following its passage and |
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| 325 | 325 | | 11 approval by the Governor, or its otherwise becoming law. |
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| 326 | 326 | | Page 13 |
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