5 | 5 | | By Senators Livingston, Gudger, Shelnutt, Butler, Weaver, |
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6 | 6 | | Carnley, Williams, Bell, Elliott, Price, Allen, Sessions, |
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7 | 7 | | Stutts, Chambliss, Chesteen, Melson, Albritton |
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8 | 8 | | RFD: Fiscal Responsibility and Economic Development |
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9 | 9 | | First Read: 02-Apr-24 |
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10 | 10 | | 1 |
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11 | 11 | | 2 |
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12 | 12 | | 3 |
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13 | 13 | | 4 |
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14 | 14 | | 5 |
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15 | 15 | | 6 |
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20 | 22 | | Relating to motor vehicles, to amend Section 32-9-20, |
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21 | 23 | | Code of Alabama 1975, to further provide for terms used in |
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22 | 24 | | enforcing prohibitions on the maximum weights of vehicles; and |
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23 | 25 | | to make nonsubstantive, technical revisions to update the |
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24 | 26 | | existing code language and hierarchy to current style. |
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25 | 27 | | BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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26 | 28 | | Section 1. Section 32-9-20, Code of Alabama 1975, is |
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27 | 29 | | amended to read as follows: |
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28 | 30 | | "§32-9-20 |
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29 | 31 | | (a) It shall be unlawful for any person individual to |
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30 | 32 | | drive or move on any highway in this state any vehicle or |
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31 | 33 | | vehicles of a size or weight except in accordance with the |
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32 | 34 | | following: |
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33 | 35 | | (1)(4) WIDTH. Vehicles and combinations of vehicles |
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34 | 36 | | operating on highways shall not exceed a total outside width, |
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35 | 37 | | including any load thereon, of 102 inches, exclusive of |
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36 | 38 | | mirrors or other safety devices approved by the Department of |
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37 | 39 | | Transportation. No passenger vehicle shall carry any load |
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38 | 40 | | extending beyond the line of the fenders. No vehicle hauling |
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39 | 41 | | forest products or culvert pipe on any highway in this state |
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74 | 76 | | feet; except, that the length of a truck-semitrailer |
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75 | 77 | | combination, semitrailers, including load, used in a truck |
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76 | 78 | | tractor-semitrailer combination, shall not exceed 57 feet; |
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77 | 79 | | semitrailers and trailers, including load, used in a truck |
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78 | 80 | | tractor-semitrailer-trailer combination, shall not exceed 28 |
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79 | 81 | | 1/2 feet each; and motor vehicles designed, used, or |
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80 | 82 | | maintained primarily as a mobile dwelling, office, or |
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81 | 83 | | commercial space, commonly called motor homes, shall not |
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82 | 84 | | exceed 45 feet. Semitrailers exceeding 53 1/2 feet shall only |
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83 | 85 | | be operated on highways designated pursuant to Section 32-9-1 |
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84 | 86 | | and shall only be operated when the distance between the |
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85 | 87 | | kingpin of the a semitrailer and the rearmost axle or a point |
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86 | 88 | | midway between the two rear axles, if the two rear axles are |
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87 | 89 | | tandem axles, does not exceed 41 feet and if the semitrailer |
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88 | 90 | | is equipped with a rear underride guard of a substantial |
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89 | 91 | | construction consisting of a continuous lateral beam extending |
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90 | 92 | | to within four inches of the lateral extremities of the |
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91 | 93 | | semitrailer and located not more than 22 inches from the |
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92 | 94 | | surface as measured with the semitrailer s empty and on a level |
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93 | 95 | | surface. For purposes of enforcement of this subdivision, |
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94 | 96 | | lengths of semitrailers and trailers refer to the cargo |
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95 | 97 | | carrying portion of the unit. Truck tractor units used |
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96 | 98 | | exclusively in combinations transporting motor vehicles may |
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97 | 99 | | directly carry a portion of the cargo, provided that the |
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132 | 134 | | shall not exceed 80 feet. No truck tractor-semitrailer |
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133 | 135 | | combination used exclusively for transporting motor vehicles |
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134 | 136 | | shall carry any load extending more than four feet beyond the |
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135 | 137 | | front or six feet beyond the rear of the combination. No other |
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136 | 138 | | vehicle operated on a highway shall carry any load extending |
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137 | 139 | | more than a total of five feet beyond both the front and rear, |
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138 | 140 | | inclusive, of the vehicle. |
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139 | 141 | | (4)(3) WEIGHT. |
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140 | 142 | | a.1. Axle Weight. The gross weight imposed on the |
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141 | 143 | | highway by the wheels of any one axle of a vehicle shall not |
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142 | 144 | | exceed 20,000 pounds, or other weight, if any, as may be |
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143 | 145 | | permitted by federal law to keep the state from losing federal |
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144 | 146 | | funds; provided, that inadequate bridges shall be posted to |
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145 | 147 | | define load limits. |
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146 | 148 | | b.2. For the purpose of this section subdivision, an |
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147 | 149 | | axle load an "axle load" shall be defined as the total load |
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148 | 150 | | transmitted to the road by all wheels whose centers are |
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192 | 195 | | more consecutive axles to the nearest 500 pounds, L = distance |
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193 | 196 | | in feet between the extreme of any group of two or more |
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194 | 197 | | consecutive axles, and N = number of axles in the group under |
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195 | 198 | | consideration; except, that two consecutive sets of tandem |
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196 | 199 | | axles may carry a gross load of 34,000 pounds each, provided |
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197 | 200 | | the overall distance between the first and last axles of the |
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198 | 201 | | consecutive sets of tandem axles is 36 feet or more and the |
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199 | 202 | | overall gross weight may not exceed 80,000 pounds, including |
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200 | 203 | | the allowable load tolerance. |
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201 | 204 | | c.b. Gross Weight. Subject to the limit upon the |
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202 | 205 | | weight imposed upon the highway through any one axle as set |
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203 | 206 | | forth herein, the total weight with load imposed upon the |
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204 | 207 | | highway by all the axles of a vehicle or combination of |
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205 | 208 | | vehicles shall not exceed the gross weight given for the |
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206 | 209 | | respective distances between the first and last axle of the |
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207 | 210 | | vehicle or combination of vehicles, measured longitudinally to |
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208 | 211 | | the nearest foot as set forth in the following table: |
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209 | 212 | | COMPUTED GROSS WEIGHT TABLE |
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210 | 213 | | For various spacings of axle groupings |
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211 | 214 | | Distance in feet between first and |
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212 | 215 | | last axles of vehicle or combination |
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213 | 216 | | of vehicles |
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214 | 217 | | Maximum load in |
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215 | 218 | | pounds on all the |
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216 | 219 | | axles |
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247 | 252 | | 10 40,000 43,500 43,500 |
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248 | 253 | | 11 44,000 44,000 |
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249 | 254 | | 12 45,000 50,000 50,000 |
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250 | 255 | | 13 45,500 50,500 50,500 |
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251 | 256 | | 14 46,500 51,500 51,500 |
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252 | 257 | | 15 47,000 52,000 52,000 |
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253 | 258 | | 16 48,000 52,500 58,000 58,000 |
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254 | 259 | | 17 48,500 53,500 58,500 58,500 |
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255 | 260 | | 18 49,500 54,000 59,000 59,000 |
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256 | 261 | | 19 50,000 54,500 60,000 60,000 |
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257 | 262 | | 20 51,000 55,500 60,500 66,000 |
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258 | 263 | | 21 51,500 56,000 61,000 66,500 |
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259 | 264 | | 22 52,500 56,500 61,500 67,000 |
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260 | 265 | | 23 53,000 57,500 62,500 68,000 |
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261 | 266 | | 24 54,000 58,000 63,000 68,500 |
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262 | 267 | | 25 54,500 58,500 63,500 69,000 |
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263 | 268 | | 26 56,000 59,500 64,000 69,500 |
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264 | 269 | | 27 57,000 60,000 65,000 70,000 |
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291 | 296 | | 31 63,500 67,000 72,500 |
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292 | 297 | | 32 64,500 68,000 73,500 |
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293 | 298 | | 33 65,000 69,000 74,000 |
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294 | 299 | | 34 65,500 70,000 74,500 |
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295 | 300 | | 35 66,500 71,000 75,000 |
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296 | 301 | | 36 67,000 72,000 76,000 |
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297 | 302 | | 37 68,000 73,000 77,000 |
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298 | 303 | | 38 69,000 74,000 78,000 |
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299 | 304 | | 39 70,000 75,000 79,000 |
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300 | 305 | | 40 71,000 76,000 80,000 |
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301 | 306 | | 41 72,000 77,000 81,000 |
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302 | 307 | | 42 73,000 78,000 82,000 |
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303 | 308 | | 43 74,000 79,000 83,000 |
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304 | 309 | | 44 and over 75,000 80,000 84,000 |
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305 | 310 | | c. Special Permits. Except as provided by special |
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306 | 311 | | permits, no vehicle or combination of vehicles exceeding the |
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307 | 312 | | gross weights specified above shall be permitted to travel on |
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308 | 313 | | the public highways within the State of Alabama. |
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309 | 314 | | No vehicle or combination of vehicles shall be permitted to |
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310 | 315 | | operate on any portion of the Interstate Highway System of |
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341 | 345 | | weight on a group of two or more consecutive axles produced by |
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342 | 346 | | application of the following formula: |
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343 | 347 | | W=500(LN +12N+36) |
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344 | 348 | | (N-1) |
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345 | 349 | | where W = overall gross weight on any group of two or |
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346 | 350 | | more consecutive axles to the nearest 500 pounds, L = distance |
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347 | 351 | | in feet between the extreme of any group of two or more |
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348 | 352 | | consecutive axles, and N = number of axles in group under |
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349 | 353 | | consideration; except, that two consecutive sets of tandem |
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350 | 354 | | axles may carry a gross load of 34,000 pounds each, provided |
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351 | 355 | | the overall distance between the first and last axles of the |
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352 | 356 | | consecutive sets of tandem axles is 36 feet or more; provided, |
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353 | 357 | | that the overall gross weight may not exceed 80,000 pounds, |
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354 | 358 | | including all enforcement tolerances. Nothing in this section |
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355 | 359 | | shall be construed as permitting size or weight limits on the |
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356 | 360 | | National System of Interstate and Defense Highways in this |
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357 | 361 | | state in excess of those permitted under 23 U.S.C. § 127. If |
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358 | 362 | | the federal government prescribes or adopts vehicle size or |
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359 | 363 | | weight limits greater than or less than those now prescribed |
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360 | 364 | | by 23 U.S.C. § 127 for the National System of Interstate and |
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361 | 365 | | Defense Highways, the increased or decreased limits shall |
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362 | 366 | | become effective on the National System of Interstate and |
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363 | 367 | | Defense Highways in this state. Nothing in this section shall |
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397 | 401 | | enforcement of enforcing this subdivision, all weights less |
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398 | 402 | | than or equal to the sum of the weight otherwise prescribed by |
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399 | 403 | | this subdivision, plus an additional weight to be calculated |
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400 | 404 | | by multiplying the weight prescribed by this subdivision by |
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401 | 405 | | one-tenth (.10) that shall represent a scale or enforcement |
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402 | 406 | | tolerance the allowable load tolerance , shall be deemed to be |
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403 | 407 | | in compliance with the requirements of this section , and shall |
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404 | 408 | | not constitute violations thereof. No evidence shall be |
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405 | 409 | | admitted into evidence or considered by the trier of fact in |
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406 | 410 | | any civil action unless the evidence proffered would tend to |
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407 | 411 | | prove that the weight of the vehicle exceeded the amount |
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408 | 412 | | provided in this subsection. Nothing in this paragraph shall |
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409 | 413 | | restrict or affect the right of any defendant to place in |
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410 | 414 | | evidence such evidence tending to prove the defendant was in |
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411 | 415 | | compliance with this section. |
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412 | 416 | | 2. For the purposes of this subdivision, the allowable |
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413 | 417 | | load tolerance is calculated by multiplying the weight |
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414 | 418 | | prescribed by this subdivision by one-tenth (.10). |
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415 | 419 | | e. Special Trucks. Dump trucks, dump trailers, concrete |
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416 | 420 | | mixing trucks, fuel oil, gasoline trucks, and trucks |
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417 | 421 | | designated and constructed for special type work or use shall |
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418 | 422 | | not be made to conform to the axle spacing requirements of |
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419 | 423 | | paragraph cb.; provided, that the vehicle shall be limited to |
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420 | 424 | | a weight of 20,000 pounds per axle plus scale tolerances the |
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455 | 459 | | plus the allowable scale tolerances load tolerance. All axles |
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456 | 460 | | shall be brake equipped. Trucks delivering asphalt plant mix |
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457 | 461 | | which do not exceed the maximum allowable gross weight and |
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458 | 462 | | operate within 50 miles of their home base shall not be |
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459 | 463 | | required to conform to the requirements of paragraph a. |
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460 | 464 | | Concrete mixing trucks that operate within 50 miles of their |
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461 | 465 | | home base and do not exceed the maximum allowable gross weight |
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462 | 466 | | shall not be required to conform to the requirements of |
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463 | 467 | | paragraph a. It shall be a violation if the vehicles named |
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464 | 468 | | under this subdivision travel upon bridges designated and |
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465 | 469 | | posted by the Transportation Director as incapable of carrying |
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466 | 470 | | the load. |
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467 | 471 | | f. Driver Compliance. If the driver of any vehicle can |
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468 | 472 | | comply with the weight requirements of this section by |
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469 | 473 | | shifting or equalizing the load on all wheels or axles and |
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470 | 474 | | does so when requested by the proper authority, the driver |
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471 | 475 | | shall not be held to be operating in violation of this |
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472 | 476 | | section. |
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473 | 477 | | g. Portable Scales. When portable scales are used in |
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474 | 478 | | the enforcement of enforcing this section, the axles of any |
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475 | 479 | | vehicle described or commonly referred to as tandem or triaxle |
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476 | 480 | | rigs or units (, that is, vehicles having two or more axles in |
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477 | 481 | | addition to a steering axle ), the group of tandem or triaxles |
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478 | 482 | | shall be weighed simultaneously, and the total weight so |
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513 | 517 | | than 50 percent. When portable scales are used to determine |
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514 | 518 | | the axle weight or the gross weight of a vehicle pursuant to |
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515 | 519 | | this section, the operator of the vehicle will be permitted to |
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516 | 520 | | move the vehicle to the nearest platform scales certified by |
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517 | 521 | | the Department of Agriculture and Industries and operated by a |
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518 | 522 | | bonded operator within a distance of 10 highway miles, |
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519 | 523 | | accompanied by an enforcement officer to verify the accuracy |
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520 | 524 | | of the portable scales used in determining the axle weight or |
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521 | 525 | | gross weight of the vehicle weight. If the weight of the |
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522 | 526 | | vehicle is shown by the platform scales to be within the legal |
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523 | 527 | | limits of this section , including the allowable load |
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524 | 528 | | tolerance, the operator of the vehicle shall not be held to be |
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525 | 529 | | in violation of this section. |
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526 | 530 | | h. County Highways. The governing body of a county, by |
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527 | 531 | | appropriate resolution, may authorize limitations less than |
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528 | 532 | | those prescribed herein for vehicles operated upon the county |
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529 | 533 | | highways of the county. |
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530 | 534 | | i. Posted Roads and Bridges. The Department of |
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531 | 535 | | Transportation may post or limit any road or bridge to weights |
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532 | 536 | | less than those prescribed by this section. It is the |
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533 | 537 | | legislative intent and purpose that this section be rigidly |
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534 | 538 | | enforced by the Department of Transportation, the Alabama |
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535 | 539 | | State Law Enforcement Agency, and any other authorized law |
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536 | 540 | | enforcement officer s of the this state, and any county, or |
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571 | 575 | | a farm and for agricultural purposes relating to the operation |
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572 | 576 | | and maintenance of a farm by any farmer, custom harvester, or |
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573 | 577 | | husbandman may not be made to conform to the axle requirements |
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574 | 578 | | of paragraph a. or the gross weight requirements of paragraph |
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575 | 579 | | cb. |
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576 | 580 | | (b)(1) Any vehicle utilizing an auxiliary power or idle |
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577 | 581 | | reduction technology unit in order to promote reduction of |
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578 | 582 | | fuel use and emissions because of engine idling shall be |
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579 | 583 | | allowed an additional 400 pounds total to the gross, axle, |
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580 | 584 | | tandem, or bridge formula weight limits defined in this |
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581 | 585 | | section. |
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582 | 586 | | (2) To be eligible for the exception provided in this |
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583 | 587 | | subsection, the operator of the vehicle must provide written |
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584 | 588 | | proof or certification of the weight of the auxiliary power |
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585 | 589 | | unit (APU) and demonstrate or certify the idle reduction |
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586 | 590 | | technology is fully functional at all times. |
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587 | 591 | | (3) Written proof or certification of the weight of the |
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588 | 592 | | APU must be available to law enforcement officers if the |
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589 | 593 | | vehicle is found in violation of applicable weight laws. The |
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590 | 594 | | weight allowed cannot may not exceed 400 pounds or the actual |
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591 | 595 | | weight proven or certified, whichever is less. |
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592 | 596 | | (4) It is the intent of this subsection to apply at the |
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593 | 597 | | state highway level the weight limit increase for vehicles |
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594 | 598 | | using a functioning auxiliary power or idle reduction |
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629 | 633 | | limit, up to a maximum gross vehicle weight of 82,000 pounds, |
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630 | 634 | | under this section by an amount that is equal to the |
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631 | 635 | | difference between: |
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632 | 636 | | a. The weight of the vehicle attributable to the |
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633 | 637 | | natural gas tank and fueling system carried by that vehicle; |
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634 | 638 | | and |
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635 | 639 | | b. The weight of a comparable diesel tank and fueling |
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636 | 640 | | system. |
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637 | 641 | | (2) This subsection applies on federal interstate |
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638 | 642 | | highways to the weight limit increases for vehicles using an |
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639 | 643 | | EPA certified natural gas engine or an EPA approved conversion |
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640 | 644 | | unit installed on the vehicle that allows the vehicle to |
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641 | 645 | | operate primarily on compressed natural gas or liquefied |
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642 | 646 | | natural gas. |
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643 | 647 | | (d) Nothing in this section shall be construed as |
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644 | 648 | | effectuating either of the following: |
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645 | 649 | | (1) Permitting size or weight limits on the National |
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646 | 650 | | System of Interstate and Defense Highways in this state in |
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647 | 651 | | excess of those permitted under 23 U.S.C. § 127. If the |
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648 | 652 | | federal government prescribes or adopts vehicle size or weight |
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649 | 653 | | limits greater than or less than those now prescribed by 23 |
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650 | 654 | | U.S.C. § 127 for the National System of Interstate and Defense |
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651 | 655 | | Highways, the increased or decreased limits shall become |
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652 | 656 | | effective on the National System of Interstate and Defense |
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