AL
Alabama House Bill HB323

Alabama 2025 Regular Session

Alabama House Bill HB323 Compare Versions

Only one version of the bill is available at this time.
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33 HB323
44 PVFXEGE-1
55 By Representative Givens
66 RFD: Transportation, Utilities and Infrastructure
77 First Read: 20-Feb-25
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1212 5 PVFXEGE-1 02/20/2025 OW (L)cr 2025-718
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1414 First Read: 20-Feb-25
1515 SYNOPSIS:
1616 Under existing law, oversize vehicles are
1717 required to obtain a permit for movement on the state's
1818 highway system.
1919 This bill would exempt all electric utility
2020 commodities and equipment from the requirement of
2121 obtaining a permit for movement on the state's highway
2222 system.
2323 A BILL
2424 TO BE ENTITLED
2525 AN ACT
2626 Relating to transportation; to amend Section 32-9-29,
2727 Code of Alabama 1975, to exempt electric utility commodities
2828 and equipment from oversize annual permitting requirements.
2929 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
3030 Section 1. Section 32-9-29, Code of Alabama 1975, is
3131 amended to read as follows:
3232 "ยง32-9-29
3333 (a) Authorized; application; issuance; seasonal, etc.,
3434 limitations; refusal, revocation, or cancellation.
3535 (1) The Director of the Department of Transportation or
3636 the official of the department designated by the director,
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6666 the official of the department designated by the director,
6767 upon application and for good cause being shown therefor, may
6868 issue a permit in writing authorizing the applicant to operate
6969 or move upon the state's public roads a vehicle or combination
7070 of no more than two vehicles and loads whose weight, width,
7171 length, or height, or combination thereof, exceeds the maximum
7272 limit specified by law; provided, that the load transported by
7373 such the vehicle or vehicles is of such nature that it is a
7474 unit which cannot be readily dismantled or separated;
7575 provided, however, that bulldozers and similar construction
7676 equipment shall not be deemed readily separable for purposes
7777 of this chapter; and further provided, that no permit shall be
7878 issued to any vehicle whose operation upon the public roads of
7979 this state threatens to unduly damage a road or any
8080 appurtenances thereto.
8181 (2) Permits may be issued on application to the
8282 department to persons, firms, or corporations. The director
8383 shall adopt reasonable rules which are necessary or desirable
8484 governing the issuance of the permits; provided, that the
8585 rules shall not conflict with this title and other provisions
8686 of law.
8787 (3) The original copy of every permit shall be carried
8888 in the vehicle itself and shall be open to inspection by any
8989 law enforcement officer or authorized agent of the department.
9090 (4) The application for any permit shall specifically
9191 describe the type of permit applied for, as described in
9292 subsection (b), and the application for a single trip permit,
9393 in addition, shall describe the points of departure and
9494 destination.
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124124 destination.
125125 (5) The director or the official of the department
126126 designated by the director may withhold such a permit or, if
127127 such a permit is issued, may establish seasonal or other time
128128 limitations within which the vehicles described may be
129129 operated on the public road indicated, or may otherwise limit
130130 or prescribe conditions of operation of such the vehicle, when
131131 necessary to assure against undue damage to the road
132132 foundation, surfaces, or bridge structures, and require such
133133 the undertaking or other security as may be deemed necessary
134134 to compensate the state for any injury damage to any roadway
135135 or bridge structure.
136136 (6) For just cause, including, but not limited to,
137137 repeated and consistent past violations, the director or an
138138 official of the department designated by the director may
139139 refuse to issue, or may cancel, suspend, or revoke, the permit
140140 of an applicant or permittee.
141141 (b) Duration and limits of permits; bond or insurance
142142 requirements.
143143 (1)a. ANNUAL. The director or the official of the
144144 department designated by the director, pursuant to this
145145 section, may issue an annual permit which shall permit the
146146 vehicle or combination vehicle and load to be operated on the
147147 state highway system of this state for 12 months from the date
148148 the permit is issued, even though the vehicle or its load
149149 exceeds the maximum limits specified in this article;
150150 provided, that an annual permit shall not authorize the
151151 operation of a vehicle including all enforcement tolerances:
152152 1. Whose total gross weight exceeds 150,000 pounds;
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182182 1. Whose total gross weight exceeds 150,000 pounds;
183183 provided, that gross weights over 100,000 pounds shall require
184184 advance routing by the department;
185185 2. Whose single axle weight exceeds 22,000 pounds;
186186 3. Whose total length exceeds 75 feet; with the
187187 exception of mobile homes, whose length limitations, including
188188 towing vehicle, shall be 85 feet;
189189 4. Whose total width exceeds 120 inches or whose load
190190 width exceeds 144 inches; with the exception of mobile homes,
191191 whose width limitation shall be 168 inches; provided, that
192192 mobile homes whose width exceeds 144 inches shall require
193193 advance route approval by the department; or
194194 5. Whose height exceeds 14 feet.
195195 A permit to operate a vehicle which exceeds the
196196 statutory limits of height, weight, width, or length shall be
197197 issued only on condition of payment of an indemnity bond or
198198 proof of insurance protection for three hundred thousand
199199 dollars ($300,000 .00) the bond or insurance protection
200200 conditioned for payment to the department to be held in trust
201201 for the benefit of the owners of bridges and appurtenances
202202 thereof, traffic signals, signs, or other highway structures
203203 damaged by a vehicle operating under authority of the
204204 overheight permit. The liability under the bond or insurance
205205 certificate shall be contingent upon proof of negligence or
206206 fault on the part of the permittee, his or her agents, or
207207 operators.
208208 b. Notwithstanding paragraph a., the director, pursuant
209209 to this section, may issue an annual permit to operate a
210210 vehicle which exceeds the maximum limits otherwise provided in
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240240 vehicle which exceeds the maximum limits otherwise provided in
241241 this article for rubber-tired equipment used solely in the
242242 scope and operation of mining refractory grade bauxite. The
243243 equipment may not exceed the limits of paragraph a., except
244244 that the permit may not authorize the operation of a vehicle,
245245 including enforcement tolerances, which exceeds 16 feet in
246246 width, exceeds 18 feet in height, or exceeds a single axle
247247 weight of 27,000 pounds. In addition, the permit may not
248248 authorize the operation of the vehicle on any bridge, over or
249249 under any overpass, or on an interstate highway. The fee for
250250 the annual permit shall be one hundred dollars ($100).
251251 (2) SINGLE TRIP. The director may issue a single trip
252252 permit, pursuant to this section, to any vehicle.
253253 (c) Fees. The director may adopt rules concerning the
254254 issuance of permits and charge a fee for the issuance as
255255 follows:
256256 (1) ANNUAL. Charges for the issuance of annual permits
257257 shall be as follows:
258258 a. For modular homes, sectional houses, portable
259259 buildings, boats, and any vehicle or combination of vehicles,
260260 one hundred dollars ($100 .00); except, that a vehicle or
261261 combination of vehicles having trailer or combination of
262262 trailers with sidewalls or roof which has transported modular
263263 homes, sectional houses, and portable buildings, after
264264 depositing any load, may return unloaded to its point of
265265 origin, even though the unloaded vehicles exceed the 55-foot
266266 limitation provided for in this article, up to and including
267267 12 feet wide and 75 feet long.
268268 b. For heavy commodities or equipment, overweight,
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298298 b. For heavy commodities or equipment, overweight,
299299 overlength, overheight, and overwidth, one hundred dollars
300300 ($100.00). A tractor and trailer (low boy type), after
301301 depositing a load referred to in this subparagraph, may return
302302 to its point of origin, even though the unloaded tractor and
303303 trailer (low boy type) may exceed the 55-foot limitation
304304 provided for in this article up to and including 12 feet wide
305305 and 75 feet long.
306306 c. For mobile homes up to and including 14 feet wide
307307 and 85 feet long, including towing vehicle, one hundred
308308 dollars ($100.00).
309309 (2) SINGLE TRIP. Charges for the issuance of single
310310 trip permits shall be as follows:
311311 a. Mobile homes, modular homes, sectional houses,
312312 portable buildings, and boats:
313313 1. Up to and including 12 feet wide and 75 feet long,
314314 ten dollars ($10 .00).
315315 2. Boats in excess of 12 feet wide, twenty dollars
316316 ($20.00).
317317 3. Mobile homes, modular homes, sectional houses, and
318318 portable buildings in excess of 12 feet wide and/or 75 feet
319319 long, twenty dollars ($20 .00).
320320 b. Heavy commodities or equipment:
321321 1. Over on any limitations as to length, height, or
322322 width, ten dollars ($10 .00).
323323 2. Over on weight, as follows:
324324 WEIGHT PERMITTED PERMIT FEE
325325 From 80,001 pounds up to 100,000 pounds $ 10.00
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354354 From 80,001 pounds up to 100,000 pounds $ 10.00
355355 From 100,001 pounds up to 125,000 pounds 30.00
356356 From 125,001 pounds up to 150,000 pounds 60.00
357357 From 150,001 pounds and over 100.00
358358 c. Miscellaneous:
359359 1. Houses, twenty dollars ($20 .00).
360360 2. Off-the-road equipment, ten dollars ($10 .00).
361361 3. Other oversized vehicles, loads, and equipment not
362362 herein specified, twenty dollars ($20 .00).
363363 4. Other overheight loads not herein specified, ten
364364 dollars ($10.00).
365365 (d) Certain vehicles on interstate highways. Under this
366366 section, 14 feet-wide vehicles and combination vehicles and
367367 load may be issued a permit to travel the interstate highways.
368368 (e) The Director of the Department of Transportation,
369369 by rule, may establish limits for combinations of commercial
370370 wreckers and towed disabled or abandoned vehicles that exceed
371371 the maximum height, weight, or length limitations established
372372 by law. The director may establish a permitting method for
373373 commercial wreckers and may establish a fee for any permits
374374 that are issued. The director may authorize exceptions to any
375375 permit required under this subsection or may waive any permit
376376 required under this subsection under emergency, exigent, or
377377 other extraordinary conditions. Permits may not be issued to a
378378 person or entity that is currently prohibited from operating
379379 by a federal or state agency responsible for vehicle safety.
380380 The permit authorized by this subsection shall be in addition
381381 to any registration requirements as provided for in Chapter 6
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410410 to any registration requirements as provided for in Chapter 6
411411 of this title and Chapter 12 of Title 40.
412412 (f) Violations of federal law , etc. No permit shall be
413413 issued under this section if the issuance of the permit would
414414 violate United States law or would cause the State of Alabama
415415 to lose federal-aid funds. Notwithstanding any provisions of
416416 any statute to the contrary, all permit fees collected in
417417 accordance with this section shall be paid to the Public Road
418418 and Bridge Fund in addition to any sums appropriated therefor
419419 to the department.
420420 (g) The following commodities and equipment are exempt
421421 from the requirement of obtaining a permit for movement on the
422422 state highway system of Alabama:
423423 (1) Farm and agricultural commodities and equipment
424424 exempt. The term "heavy commodities " or "equipment", as used
425425 in this section, is not intended to include farm and
426426 agricultural commodities or equipment , and such farm or
427427 agricultural commodities and equipment are exempt from the
428428 requirement of obtaining permits for movement on the state
429429 highway system of Alabama .
430430 (2) Electric provider commodities and equipment. The
431431 term "heavy commodities" or "equipment", as used in this
432432 section, is not intended to include electric provider
433433 commodities or equipment. For this purpose an "electric
434434 provider" as used in this subsection shall have the same
435435 meaning as provided in Section 37-16-3, and shall also include
436436 the Tennessee Valley Authority and an authority as defined in
437437 Section 11-50A-1 "
438438 Section 2. This act shall become effective on October
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468468 Section 2. This act shall become effective on October
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