Alabama 2024 Regular Session

Alabama Senate Bill SB266 Latest Draft

Bill / Enrolled Version Filed 04/30/2024

                            SB266ENROLLED
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SB266
2PJNIIK-2
By Senators Livingston, Gudger, Shelnutt, Butler, Weaver,
Carnley, Williams, Bell, Elliott, Price, Allen, Sessions,
Stutts, Chambliss, Chesteen, Melson, Albritton
RFD: Fiscal Responsibility and Economic Development
First Read: 02-Apr-24
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First Read: 02-Apr-24
Enrolled, An Act,
Relating to motor vehicles, to amend Section 32-9-20,
Code of Alabama 1975, to further provide for terms used in
enforcing prohibitions on the maximum weights of vehicles; and
to make nonsubstantive, technical revisions to update the
existing code language and hierarchy to current style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 32-9-20, Code of Alabama 1975, is
amended to read as follows: 
"§32-9-20
(a) It shall be unlawful for any person individual to
drive or move on any highway in this state any vehicle or
vehicles of a size or weight except in accordance with the
following:
(1)(4) WIDTH. Vehicles and combinations of vehicles
operating on highways shall not exceed a total outside width,
including any load thereon, of 102 inches, exclusive of
mirrors or other safety devices approved by the Department of
Transportation. No passenger vehicle shall carry any load
extending beyond the line of the fenders. No vehicle hauling
forest products or culvert pipe on any highway in this state
shall have a load exceeding 102 inches in width.
(2)(1) HEIGHT. No vehicle or, semitrailer, or trailer
shall exceed in height 13 1/2 feet, including load.
(3)(2) LENGTH. No vehicle shall exceed in length 40
feet; except, that the length of a truck-semitrailer
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feet; except, that the length of a truck-semitrailer
combination, semitrailers, including load, used in a truck
tractor-semitrailer combination, shall not exceed 57 feet;
semitrailers and trailers, including load, used in a truck
tractor-semitrailer-trailer combination, shall not exceed 28
1/2 feet each; and motor vehicles designed, used, or
maintained primarily as a mobile dwelling, office, or
commercial space, commonly called motor homes, shall not
exceed 45 feet. Semitrailers exceeding 53 1/2 feet shall only
be operated on highways designated pursuant to Section 32-9-1
and shall only be operated when the distance between the
kingpin of the a semitrailer and the rearmost axle or a point
midway between the two rear axles, if the two rear axles are
tandem axles, does not exceed 41 feet and if the semitrailer
is equipped with a rear underride guard of a substantial
construction consisting of a continuous lateral beam extending
to within four inches of the lateral extremities of the
semitrailer and located not more than 22 inches from the
surface as measured with the semitrailer s empty and on a level
surface. For purposes of enforcement of this subdivision,
lengths of semitrailers and trailers refer to the cargo
carrying portion of the unit. Truck tractor units used
exclusively in combinations transporting motor vehicles may
directly carry a portion of the cargo, provided that the
combinations are restricted to truck tractor-semitrailer
combinations only and provided further that the overall length
of these particular combinations shall not exceed 65 feet;
except that the overall length of stinger-steered type units
shall not exceed 80 feet. No truck tractor-semitrailer
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shall not exceed 80 feet. No truck tractor-semitrailer
combination used exclusively for transporting motor vehicles
shall carry any load extending more than four feet beyond the
front or six feet beyond the rear of the combination. No other
vehicle operated on a highway shall carry any load extending
more than a total of five feet beyond both the front and rear,
inclusive, of the vehicle.
(4)(3) WEIGHT.
a.1. Axle Weight. The gross weight imposed on the
highway by the wheels of any one axle of a vehicle shall not
exceed 20,000 pounds, or other weight, if any, as may be
permitted by federal law to keep the state from losing federal
funds; provided, that inadequate bridges shall be posted to
define load limits.
b.2. For the purpose of this section subdivision, an
axle load an "axle load" shall be defined as the total load
transmitted to the road by all wheels whose centers are
included between two parallel transverse vertical planes 40
inches apart, extending across the full width of the vehicle.
3. Vehicles and combinations of vehicles shall not
operate on the Interstate Highway System of Alabama that have
a weight greater than 20,000 pounds carried on any one axle,
including the allowable load tolerance, or with a tandem axle
weight in excess of 34,000 pounds, including the allowable
load tolerance, or overall gross weight on a group of two or
more consecutive axles produced by application of the
following formula:
W=500 ( LN/(N-1) + 12N + 36)
where W = overall gross weight on any group of two or
more consecutive axles to the nearest 500 pounds, L = distance
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more consecutive axles to the nearest 500 pounds, L = distance
in feet between the extreme of any group of two or more
consecutive axles, and N = number of axles in the group under
consideration; except, that two consecutive sets of tandem
axles may carry a gross load of 34,000 pounds each, provided
the overall distance between the first and last axles of the
consecutive sets of tandem axles is 36 feet or more and the
overall gross weight may not exceed 80,000 pounds, including
the allowable load tolerance.
c.b. Gross Weight. Subject to the limit upon the
weight imposed upon the highway through any one axle as set
forth herein, the total weight with load imposed upon the
highway by all the axles of a vehicle or combination of
vehicles shall not exceed the gross weight given for the
respective distances between the first and last axle of the
vehicle or combination of vehicles, measured longitudinally to
the nearest foot as set forth in the following table: 
COMPUTED GROSS WEIGHT TABLE
For various spacings of axle groupings
Distance in feet between first and
last axles of vehicle or combination
of vehicles
Maximum load in
pounds on all the
axles
2 axles3 axles4 axles5 axles6 axles
8 or less 36,000 42,000 42,000
9	38,000 42,500 42,500
10	40,000 43,500 43,500
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10	40,000 43,500 43,500
11	44,000 44,000
12	45,000 50,000 50,000
13	45,500 50,500 50,500
14	46,500 51,500 51,500
15	47,000 52,000 52,000
16	48,000 52,500 58,000 58,000
17	48,500 53,500 58,500 58,500
18	49,500 54,000 59,000 59,000
19	50,000 54,500 60,000 60,000
20	51,000 55,500 60,500 66,000
21	51,500 56,000 61,000 66,500
22	52,500 56,500 61,500 67,000
23	53,000 57,500 62,500 68,000
24	54,000 58,000 63,000 68,500
25	54,500 58,500 63,500 69,000
26	56,000 59,500 64,000 69,500
27	57,000 60,000 65,000 70,000
28	59,000 60,500 65,500 71,000
29	60,000 61,500 66,000 71,500
30	62,000 66,500 72,000
31	63,500 67,000 72,500
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31	63,500 67,000 72,500
32	64,500 68,000 73,500
33	65,000 69,000 74,000
34	65,500 70,000 74,500
35	66,500 71,000 75,000
36	67,000 72,000 76,000
37	68,000 73,000 77,000
38	69,000 74,000 78,000
39	70,000 75,000 79,000
40	71,000 76,000 80,000
41	72,000 77,000 81,000
42	73,000 78,000 82,000
43	74,000 79,000 83,000
44 and over	75,000 80,000 84,000
c. Special Permits. Except as provided by special
permits, no vehicle or combination of vehicles exceeding the
gross weights specified above shall be permitted to travel on
the public highways within the State of Alabama.
No vehicle or combination of vehicles shall be permitted to
operate on any portion of the Interstate Highway System of
Alabama that shall have a greater weight than 20,000 pounds
carried on any one axle, including all enforcement tolerances,
or with a tandem axle weight in excess of 34,000 pounds,
including all enforcement tolerances, or with an overall gross
weight on a group of two or more consecutive axles produced by
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weight on a group of two or more consecutive axles produced by
application of the following formula: 
W=500(LN +12N+36)
(N-1)
where W = overall gross weight on any group of two or
more consecutive axles to the nearest 500 pounds, L = distance
in feet between the extreme of any group of two or more
consecutive axles, and N = number of axles in group under
consideration; except, that two consecutive sets of tandem
axles may carry a gross load of 34,000 pounds each, provided
the overall distance between the first and last axles of the
consecutive sets of tandem axles is 36 feet or more; provided,
that the overall gross weight may not exceed 80,000 pounds,
including all enforcement tolerances. Nothing in this section
shall be construed as permitting size or weight limits on the
National System of Interstate and Defense Highways in this
state in excess of those permitted under 23 U.S.C. § 127. If
the federal government prescribes or adopts vehicle size or
weight limits greater than or less than those now prescribed
by 23 U.S.C. § 127 for the National System of Interstate and
Defense Highways, the increased or decreased limits shall
become effective on the National System of Interstate and
Defense Highways in this state. Nothing in this section shall
be construed to deny the operation of any vehicle or
combination of vehicles that could be lawfully operated upon
the highways and roads of this state on January 4, 1975.
d.1. Allowable Load Tolerance. For purposes of
enforcement of enforcing this subdivision, all weights less
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enforcement of enforcing this subdivision, all weights less
than or equal to the sum of the weight otherwise prescribed by
this subdivision, plus an additional weight to be calculated
by multiplying the weight prescribed by this subdivision by
one-tenth (.10) that shall represent a scale or enforcement
tolerance the allowable load tolerance , shall be deemed to be
in compliance with the requirements of this section , and shall
not constitute violations thereof. No evidence shall be
admitted into evidence or considered by the trier of fact in
any civil action unless the evidence proffered would tend to
prove that the weight of the vehicle exceeded the amount
provided in this subsection. Nothing in this paragraph shall
restrict or affect the right of any defendant to place in
evidence such evidence tending to prove the defendant was in
compliance with this section.
2. For the purposes of this subdivision, the allowable
load tolerance is calculated by multiplying the weight
prescribed by this subdivision by one-tenth (.10).
e. Special Trucks. Dump trucks, dump trailers, concrete
mixing trucks, fuel oil, gasoline trucks, and trucks
designated and constructed for special type work or use shall
not be made to conform to the axle spacing requirements of
paragraph cb.; provided, that the vehicle shall be limited to
a weight of 20,000 pounds per axle plus scale tolerances the
allowable load tolerance ; and, provided further, that the
maximum gross weight of the vehicles shall not exceed the
maximum weight allowed by this section for the appropriate
number of axles, irrespective of the distance between axles,
plus the allowable scale tolerances load tolerance. All axles
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plus the allowable scale tolerances load tolerance. All axles
shall be brake equipped. Trucks delivering asphalt plant mix
which do not exceed the maximum allowable gross weight and
operate within 50 miles of their home base shall not be
required to conform to the requirements of paragraph a.
Concrete mixing trucks that operate within 50 miles of their
home base and do not exceed the maximum allowable gross weight
shall not be required to conform to the requirements of
paragraph a. It shall be a violation if the vehicles named
under this subdivision travel upon bridges designated and
posted by the Transportation Director as incapable of carrying
the load.
f. Driver Compliance. If the driver of any vehicle can
comply with the weight requirements of this section by
shifting or equalizing the load on all wheels or axles and
does so when requested by the proper authority, the driver
shall not be held to be operating in violation of this
section.
g. Portable Scales. When portable scales are used in
the enforcement of enforcing this section, the axles of any
vehicle described or commonly referred to as tandem or triaxle
rigs or units (, that is, vehicles having two or more axles in
addition to a steering axle ), the group of tandem or triaxles
shall be weighed simultaneously, and the total weight so
derived shall be divided by the number of axles weighed in the
group to arrive at the per axle weight, except that if any one
axle in the group exceeds 20,000 pounds in weight, it shall
not exceed the weight of any other axle in the group by more
than 50 percent. When portable scales are used to determine
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than 50 percent. When portable scales are used to determine
the axle weight or the gross weight of a vehicle pursuant to
this section, the operator of the vehicle will be permitted to
move the vehicle to the nearest platform scales certified by
the Department of Agriculture and Industries and operated by a
bonded operator within a distance of 10 highway miles,
accompanied by an enforcement officer to verify the accuracy
of the portable scales used in determining the axle weight or
gross weight of the vehicle weight. If the weight of the
vehicle is shown by the platform scales to be within the legal
limits of this section , including the allowable load
tolerance, the operator of the vehicle shall not be held to be
in violation of this section.
h. County Highways. The governing body of a county, by
appropriate resolution, may authorize limitations less than
those prescribed herein for vehicles operated upon the county
highways of the county.
i. Posted Roads and Bridges. The Department of
Transportation may post or limit any road or bridge to weights
less than those prescribed by this section. It is the
legislative intent and purpose that this section be rigidly
enforced by the Department of Transportation, the Alabama
State Law Enforcement Agency, and any other authorized law
enforcement officer s of the this state, and any county, or
city, and incorporated town s.
j. Agricultural Commodities. Two and three axle
vehicles being used exclusively for the purpose of
transporting agricultural commodities or products to and from
a farm and for agricultural purposes relating to the operation
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a farm and for agricultural purposes relating to the operation
and maintenance of a farm by any farmer, custom harvester, or
husbandman may not be made to conform to the axle requirements
of paragraph a. or the gross weight requirements of paragraph
cb.
(b)(1) Any vehicle utilizing an auxiliary power or idle
reduction technology unit in order to promote reduction of
fuel use and emissions because of engine idling shall be
allowed an additional 400 pounds total to the gross, axle,
tandem, or bridge formula weight limits defined in this
section.
(2) To be eligible for the exception provided in this
subsection, the operator of the vehicle must provide written
proof or certification of the weight of the auxiliary power
unit (APU) and demonstrate or certify the idle reduction
technology is fully functional at all times.
(3) Written proof or certification of the weight of the
APU must be available to law enforcement officers if the
vehicle is found in violation of applicable weight laws. The
weight allowed cannot may not exceed 400 pounds or the actual
weight proven or certified, whichever is less.
(4) It is the intent of this subsection to apply at the
state highway level the weight limit increase for vehicles
using a functioning auxiliary power or idle reduction
technology as provided in the Federal Energy Policy Act of
2005.
(c)(1) Any motor vehicle, if operated by an engine
fueled primarily by natural gas, may exceed any vehicle weight
limit, up to a maximum gross vehicle weight of 82,000 pounds,
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limit, up to a maximum gross vehicle weight of 82,000 pounds,
under this section by an amount that is equal to the
difference between:
a. The weight of the vehicle attributable to the
natural gas tank and fueling system carried by that vehicle;
and
b. The weight of a comparable diesel tank and fueling
system.
(2) This subsection applies on federal interstate
highways to the weight limit increases for vehicles using an
EPA certified natural gas engine or an EPA approved conversion
unit installed on the vehicle that allows the vehicle to
operate primarily on compressed natural gas or liquefied
natural gas.
(d) Nothing in this section shall be construed as
effectuating either of the following:
(1) Permitting size or weight limits on the National
System of Interstate and Defense Highways in this state in
excess of those permitted under 23 U.S.C. § 127. If the
federal government prescribes or adopts vehicle size or weight
limits greater than or less than those now prescribed by 23
U.S.C. § 127 for the National System of Interstate and Defense
Highways, the increased or decreased limits shall become
effective on the National System of Interstate and Defense
Highways in this state.
(2) Denying the operation of any vehicle or combination
of vehicles that could be lawfully operated upon the highways
and roads of this state on January 4, 1975. "
Section 2. This act shall become effective on October
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Section 2. This act shall become effective on October
1, 2024.323 SB266 Enrolled
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1, 2024.
________________________________________________
President and Presiding Officer of the Senate
________________________________________________
Speaker of the House of Representatives
SB266
Senate 11-Apr-24
I hereby certify that the within Act originated in and passed
the Senate, as amended.
Patrick Harris,
Secretary.
House of Representatives
Amended and passed: 25-Apr-24
Senate concurred in House amendment 30-Apr-24
By: Senator Livingston
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