| 19 | + | SYNOPSIS: |
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| 20 | + | Under existing law, certain special trucks are |
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| 21 | + | provided exceptions to certain weight and length limits |
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| 22 | + | for highways in this state. |
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| 23 | + | This bill would add certain trucks to those that |
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| 24 | + | are excepted from these weight limits. |
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| 25 | + | Also under existing law, portable scales may be |
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| 26 | + | used to enforce these weight limits pursuant to certain |
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| 27 | + | specified procedures. |
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| 28 | + | This bill would further provide for an operator |
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| 29 | + | of a vehicle to verify the accuracy of portable scales. |
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| 30 | + | This bill would remove the authority of certain |
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| 31 | + | individuals to require vehicle operators to drive to |
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| 32 | + | stationary weigh scales to enforce these weight limits. |
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| 33 | + | This bill would also make nonsubstantive, |
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| 34 | + | technical revisions to update the existing code |
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| 35 | + | language to current style. |
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22 | | - | Relating to trucks; to amend Section 32-9-20, as last |
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23 | | - | amended by Act 2024-248, 2024 Regular Session, and Section |
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24 | | - | 32-9-31, Code of Alabama 1975, to add certain trucks to those |
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25 | | - | excepted from weight limits on highways; to revise and further |
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26 | | - | provide procedures for using portable scales to enforce these |
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27 | | - | weight limits; to revise the authority of individuals |
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28 | | - | authorized to enforce these weight limits; and to make |
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29 | | - | nonsubstantive, technical revisions to update the existing |
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30 | | - | code language to current style. |
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31 | | - | BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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32 | | - | Section 1. Section 32-9-20, as last amended by Act |
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33 | | - | 2024-248, 2024 Regular Session, and Section 32-9-31, Code of |
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34 | | - | Alabama 1975, are amended to read as follows: |
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35 | | - | "§32-9-20 |
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36 | | - | (a) It shall be unlawful for any individual to drive or |
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37 | | - | move on any highway in this state any vehicle or vehicles of a |
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38 | | - | size or weight except in accordance with the following: |
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39 | | - | (1) HEIGHT. No vehicle, semitrailer, or trailer shall |
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40 | | - | exceed in height 13 1/2 feet, including load. |
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41 | | - | (2) LENGTH. No vehicle shall exceed in length 40 feet; |
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| 68 | + | Relating to trucks; to amend Section 32-9-20, as last |
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| 69 | + | amended by Act 2024-248, 2024 Regular Session, and Section |
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| 70 | + | 32-9-31, Code of Alabama 1975, to add certain trucks to those |
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| 71 | + | excepted from weight limits on highways; to revise and further |
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| 72 | + | provide procedures for using portable scales to enforce these |
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| 73 | + | weight limits; to revise the authority of individuals |
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| 74 | + | authorized to enforce these weight limits; and to make |
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| 75 | + | nonsubstantive, technical revisions to update the existing |
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| 76 | + | code language to current style. |
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| 77 | + | BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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| 78 | + | Section 1. Section 32-9-20, as last amended by Act |
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| 79 | + | 2024-248, 2024 Regular Session, and Section 32-9-31, Code of |
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| 80 | + | Alabama 1975, are amended to read as follows: |
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| 81 | + | "§32-9-20 |
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| 82 | + | (a) It shall be unlawful for any individual to drive or |
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| 83 | + | move on any highway in this state any vehicle or vehicles of a |
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| 84 | + | size or weight except in accordance with the following: |
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| 85 | + | (1) HEIGHT. No vehicle, semitrailer, or trailer shall |
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| 86 | + | exceed in height 13 1/2 feet, including load. |
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71 | 87 | | (2) LENGTH. No vehicle shall exceed in length 40 feet; |
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72 | 88 | | except, that the length of a truck-semitrailer combination, |
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73 | 89 | | semitrailers, including load, used in a truck |
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74 | 90 | | tractor-semitrailer combination, shall not exceed 57 feet; |
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75 | 91 | | semitrailers and trailers, including load, used in a truck |
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76 | 92 | | tractor-semitrailer-trailer combination, shall not exceed 28 |
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77 | 93 | | 1/2 feet each; and motor vehicles designed, used, or |
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78 | 94 | | maintained primarily as a mobile dwelling, office, or |
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79 | 95 | | commercial space, commonly called motor homes, shall not |
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80 | | - | exceed 45 feet. Semitrailers exceeding 53 1/2 feet shall only |
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81 | | - | be operated on highways designated pursuant to Section 32-9-1 |
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82 | | - | and shall only be operated when the distance between the |
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83 | | - | kingpin of a semitrailer and the rearmost axle or a point |
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84 | | - | midway between the two rear axles, if the two rear axles are |
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85 | | - | tandem axles, does not exceed 41 feet and if the semitrailer |
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86 | | - | is equipped with a rear underride guard of a substantial |
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87 | | - | construction consisting of a continuous lateral beam extending |
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88 | | - | to within four inches of the lateral extremities of the |
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89 | | - | semitrailer and located not more than 22 inches from the |
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90 | | - | surface as measured with the semitrailer empty and on a level |
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91 | | - | surface. For purposes of enforcement of this subdivision, |
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92 | | - | lengths of semitrailers and trailers refer to the cargo |
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93 | | - | carrying portion of the unit. Truck tractor units used |
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94 | | - | exclusively in combinations transporting motor vehicles may |
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95 | | - | directly carry a portion of the cargo, provided that the |
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96 | | - | combinations are restricted to truck tractor-semitrailer |
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97 | | - | combinations only and provided further that the overall length |
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98 | | - | of these particular combinations shall not exceed 65 feet; |
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99 | | - | except that the overall length of stinger-steered type units |
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| 125 | + | commercial space, commonly called motor homes, shall not |
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| 126 | + | exceed 45 feet. Semitrailers exceeding 53 1/2 feet shall only |
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| 127 | + | be operated on highways designated pursuant to Section 32-9-1 |
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| 128 | + | and shall only be operated when the distance between the |
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| 129 | + | kingpin of a semitrailer and the rearmost axle or a point |
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| 130 | + | midway between the two rear axles, if the two rear axles are |
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| 131 | + | tandem axles, does not exceed 41 feet and if the semitrailer |
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| 132 | + | is equipped with a rear underride guard of a substantial |
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| 133 | + | construction consisting of a continuous lateral beam extending |
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| 134 | + | to within four inches of the lateral extremities of the |
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| 135 | + | semitrailer and located not more than 22 inches from the |
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| 136 | + | surface as measured with the semitrailer empty and on a level |
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| 137 | + | surface. For purposes of enforcement of this subdivision, |
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| 138 | + | lengths of semitrailers and trailers refer to the cargo |
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| 139 | + | carrying portion of the unit. Truck tractor units used |
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| 140 | + | exclusively in combinations transporting motor vehicles may |
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| 141 | + | directly carry a portion of the cargo, provided that the |
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| 142 | + | combinations are restricted to truck tractor-semitrailer |
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| 143 | + | combinations only and provided further that the overall length |
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| 144 | + | of these particular combinations shall not exceed 65 feet; |
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138 | | - | a.1. Axle Weight. The gross weight imposed on the |
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139 | | - | highway by the wheels of any one axle of a vehicle shall not |
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140 | | - | exceed 20,000 pounds, or other weight, if any, as may be |
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141 | | - | permitted by federal law to keep the state from losing federal |
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142 | | - | funds; provided, that inadequate bridges shall be posted to |
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143 | | - | define load limits. |
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144 | | - | 2. For the purpose of this subdivision, an "axle load" |
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145 | | - | shall be defined as the total load transmitted to the road by |
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146 | | - | all wheels whose centers are included between two parallel |
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147 | | - | transverse vertical planes 40 inches apart, extending across |
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148 | | - | the full width of the vehicle. |
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149 | | - | 3. Vehicles and combinations of vehicles shall not |
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150 | | - | operate on the Interstate Highway System of Alabama that have |
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151 | | - | a weight greater than 20,000 pounds carried on any one axle, |
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152 | | - | including the allowable load tolerance, or with a tandem axle |
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153 | | - | weight in excess of 34,000 pounds, including the allowable |
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154 | | - | load tolerance, or overall gross weight on a group of two or |
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155 | | - | more consecutive axles produced by application of the |
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156 | | - | following formula: |
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157 | | - | W=500 (LN/(N-1) + 12N + 36) |
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| 183 | + | (3) WEIGHT. |
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| 184 | + | a.1. Axle Weight. The gross weight imposed on the |
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| 185 | + | highway by the wheels of any one axle of a vehicle shall not |
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| 186 | + | exceed 20,000 pounds, or other weight, if any, as may be |
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| 187 | + | permitted by federal law to keep the state from losing federal |
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| 188 | + | funds; provided, that inadequate bridges shall be posted to |
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| 189 | + | define load limits. |
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| 190 | + | 2. For the purpose of this subdivision, an "axle load" |
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| 191 | + | shall be defined as the total load transmitted to the road by |
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| 192 | + | all wheels whose centers are included between two parallel |
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| 193 | + | transverse vertical planes 40 inches apart, extending across |
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| 194 | + | the full width of the vehicle. |
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| 195 | + | 3. Vehicles and combinations of vehicles shall not |
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| 196 | + | operate on the Interstate Highway System of Alabama that have |
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| 197 | + | a weight greater than 20,000 pounds carried on any one axle, |
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| 198 | + | including the allowable load tolerance, or with a tandem axle |
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| 199 | + | weight in excess of 34,000 pounds, including the allowable |
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| 200 | + | load tolerance, or overall gross weight on a group of two or |
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| 201 | + | more consecutive axles produced by application of the |
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| 202 | + | following formula: |
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196 | | - | overall gross weight may not exceed 80,000 pounds, including |
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197 | | - | the allowable load tolerance. |
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198 | | - | b. Gross Weight. Subject to the limit upon the weight |
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199 | | - | imposed upon the highway through any one axle as set forth |
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200 | | - | herein, the total weight with load imposed upon the highway by |
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201 | | - | all the axles of a vehicle or combination of vehicles shall |
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202 | | - | not exceed the gross weight given for the respective distances |
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203 | | - | between the first and last axle of the vehicle or combination |
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204 | | - | of vehicles, measured longitudinally to the nearest foot as |
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205 | | - | set forth in the following table: |
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206 | | - | COMPUTED GROSS WEIGHT TABLE |
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207 | | - | For various spacings of axle groupings |
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208 | | - | Distance in feet between first and |
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209 | | - | last axles of vehicle or combination |
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210 | | - | of vehicles |
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211 | | - | Maximum load in |
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212 | | - | pounds on all the |
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213 | | - | axles |
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214 | | - | 2 axles3 axles4 axles5 axles6 axles |
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215 | | - | 8 or less 36,000 42,000 42,000 |
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216 | | - | 9 38,000 42,500 42,500 |
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| 241 | + | consecutive sets of tandem axles is 36 feet or more and the |
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| 242 | + | overall gross weight may not exceed 80,000 pounds, including |
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| 243 | + | the allowable load tolerance. |
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| 244 | + | b. Gross Weight. Subject to the limit upon the weight |
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| 245 | + | imposed upon the highway through any one axle as set forth |
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| 246 | + | herein, the total weight with load imposed upon the highway by |
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| 247 | + | all the axles of a vehicle or combination of vehicles shall |
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| 248 | + | not exceed the gross weight given for the respective distances |
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| 249 | + | between the first and last axle of the vehicle or combination |
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| 250 | + | of vehicles, measured longitudinally to the nearest foot as |
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| 251 | + | set forth in the following table: |
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| 252 | + | COMPUTED GROSS WEIGHT TABLE |
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| 253 | + | For various spacings of axle groupings |
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| 254 | + | Distance in feet between first and |
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| 255 | + | last axles of vehicle or combination |
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| 256 | + | of vehicles |
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| 257 | + | Maximum load in |
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| 258 | + | pounds on all the |
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| 259 | + | axles |
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| 260 | + | 2 axles3 axles4 axles5 axles6 axles |
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| 261 | + | 8 or less 36,000 42,000 42,000 |
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251 | | - | 16 48,000 52,500 58,000 58,000 |
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252 | | - | 17 48,500 53,500 58,500 58,500 |
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253 | | - | 18 49,500 54,000 59,000 59,000 |
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254 | | - | 19 50,000 54,500 60,000 60,000 |
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255 | | - | 20 51,000 55,500 60,500 66,000 |
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256 | | - | 21 51,500 56,000 61,000 66,500 |
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257 | | - | 22 52,500 56,500 61,500 67,000 |
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258 | | - | 23 53,000 57,500 62,500 68,000 |
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259 | | - | 24 54,000 58,000 63,000 68,500 |
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260 | | - | 25 54,500 58,500 63,500 69,000 |
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261 | | - | 26 56,000 59,500 64,000 69,500 |
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262 | | - | 27 57,000 60,000 65,000 70,000 |
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263 | | - | 28 59,000 60,500 65,500 71,000 |
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264 | | - | 29 60,000 61,500 66,000 71,500 |
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265 | | - | 30 62,000 66,500 72,000 |
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266 | | - | 111 |
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267 | | - | 112 |
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| 294 | + | 15 47,000 52,000 52,000 |
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| 295 | + | 16 48,000 52,500 58,000 58,000 |
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| 296 | + | 17 48,500 53,500 58,500 58,500 |
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| 297 | + | 18 49,500 54,000 59,000 59,000 |
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| 298 | + | 19 50,000 54,500 60,000 60,000 |
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| 299 | + | 20 51,000 55,500 60,500 66,000 |
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| 300 | + | 21 51,500 56,000 61,000 66,500 |
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| 301 | + | 22 52,500 56,500 61,500 67,000 |
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| 302 | + | 23 53,000 57,500 62,500 68,000 |
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| 303 | + | 24 54,000 58,000 63,000 68,500 |
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| 304 | + | 25 54,500 58,500 63,500 69,000 |
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| 305 | + | 26 56,000 59,500 64,000 69,500 |
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| 306 | + | 27 57,000 60,000 65,000 70,000 |
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| 307 | + | 28 59,000 60,500 65,500 71,000 |
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| 308 | + | 29 60,000 61,500 66,000 71,500 |
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346 | | - | the defendant was in compliance with this section. |
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347 | | - | 2. For the purposes of this subdivision, the allowable |
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348 | | - | load tolerance is calculated by multiplying the weight |
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349 | | - | prescribed by this subdivision by one-tenth (.10). |
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350 | | - | e. Special Trucks. |
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351 | | - | 1. Dump trucks, dump trailers, concrete mixing trucks, |
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352 | | - | fuel oil, gasoline trucks, and trucks designated and |
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353 | | - | constructed for special type work or use shall not be made to |
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354 | | - | conform to the axle spacing requirements of paragraph b. ;, |
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355 | | - | provided, that the vehicle shall be limited to a weight of |
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356 | | - | 20,000 pounds per axle plus the allowable load tolerance; and, |
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357 | | - | provided further, that the maximum gross weight of the |
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358 | | - | vehicles vehicle shall not exceed the maximum weight allowed |
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359 | | - | by this section for the appropriate number of axles, |
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360 | | - | irrespective of the distance between axles, plus the allowable |
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361 | | - | load tolerance. All axles shall be brake equipped. |
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362 | | - | 2. Trucks delivering asphalt plant mix which that do |
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363 | | - | not exceed the maximum allowable gross weight and operate |
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364 | | - | within 50 miles of their home base shall not be required to |
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365 | | - | conform to the requirements of paragraph a. |
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366 | | - | 3. Concrete mixing trucks that operate within 50 miles |
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367 | | - | 156 |
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368 | | - | 157 |
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| 390 | + | defendant to place in evidence such evidence tending to prove |
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| 391 | + | the defendant was in compliance with this section. |
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| 392 | + | 2. For the purposes of this subdivision, the allowable |
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| 393 | + | load tolerance is calculated by multiplying the weight |
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| 394 | + | prescribed by this subdivision by one-tenth (.10). |
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| 395 | + | e. Special Trucks. |
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| 396 | + | 1. Dump trucks, dump trailers, concrete mixing trucks, |
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| 397 | + | fuel oil, gasoline trucks, and trucks designated and |
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| 398 | + | constructed for special type work or use shall not be made to |
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| 399 | + | conform to the axle spacing requirements of paragraph b. ;, |
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| 400 | + | provided, that the vehicle shall be limited to a weight of |
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| 401 | + | 20,000 pounds per axle plus the allowable load tolerance; and, |
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| 402 | + | provided further, that the maximum gross weight of the |
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| 403 | + | vehicles vehicle shall not exceed the maximum weight allowed |
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| 404 | + | by this section for the appropriate number of axles, |
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| 405 | + | irrespective of the distance between axles, plus the allowable |
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| 406 | + | load tolerance. All axles shall be brake equipped. |
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| 407 | + | 2. Trucks delivering asphalt plant mix which that do |
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| 408 | + | not exceed the maximum allowable gross weight and operate |
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| 409 | + | within 50 miles of their home base shall not be required to |
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| 410 | + | conform to the requirements of paragraph a. |
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400 | | - | 4. It shall be is a violation if the vehicles a vehicle |
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401 | | - | named under this subdivision travel paragraph travels upon |
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402 | | - | bridges designated and posted by the Transportation Director |
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403 | | - | of Transportation as incapable of carrying the load. |
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404 | | - | f. Driver Compliance. If the driver of any vehicle can |
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405 | | - | comply with the weight requirements of this section by |
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406 | | - | shifting or equalizing the load on all wheels or axles and |
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407 | | - | does so when requested by the proper authority, the driver |
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408 | | - | shall not be held to be operating in violation of this |
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409 | | - | section. |
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410 | | - | g. Portable Scales. |
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411 | | - | 1. When portable Portable scales are may be used in |
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412 | | - | enforcing to enforce this section, the. To determine the |
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413 | | - | weight of each axle, the axles of any vehicle described or |
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414 | | - | commonly referred to as tandem or triaxle rigs or units, that |
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415 | | - | is, vehicles having two or more axles in addition to a |
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416 | | - | steering axle, the group of tandem or triaxles shall be |
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417 | | - | weighed simultaneously, and the total weight so derived shall |
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418 | | - | be divided by the number of axles weighed in the group to |
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419 | | - | arrive at the per axle weight, except that if any one axle in |
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420 | | - | the group exceeds 20,000 pounds in weight, it shall not exceed |
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421 | | - | the weight of any other axle in the group by more than 50 |
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422 | | - | percent. |
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423 | | - | 2. When portable scales are used to enforce this |
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424 | | - | sectiondetermine and either the axle weight or the gross |
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| 415 | + | 4. Log trucks that do not exceed the maximum allowable |
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| 416 | + | gross weight shall not be required to conform to the |
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| 417 | + | requirements of paragraph a., subject to meeting the following |
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| 418 | + | requirements: |
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| 419 | + | 183 |
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454 | | - | sectiondetermine and either the axle weight or the gross |
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455 | | - | weight of a vehicle pursuant to is determined to be in |
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456 | | - | violation of this section, if the operator of the vehicle |
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457 | | - | believes that the determination of a violation is based on |
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458 | | - | inaccuracies of the portable scales, the operator may do |
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459 | | - | either of the following: |
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460 | | - | (i)will be permitted to move Request that an |
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461 | | - | enforcement officer accompany the operator and vehicle to the |
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462 | | - | nearest platform scales certified by the Department of |
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463 | | - | Agriculture and Industries and operated by a bonded operator |
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464 | | - | within a distance of 10 highway miles , accompanied by an |
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465 | | - | enforcement officer to verify the accuracy of the portable |
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466 | | - | scales used in determining the axle weight or gross weight of |
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467 | | - | the vehicle. If the axle weights or gross weight of the |
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468 | | - | vehicle is shown by the platform scales to be within the legal |
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469 | | - | limits of this section, including the allowable load |
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470 | | - | tolerance, the operator of the vehicle shall not be held to be |
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471 | | - | in violation of this section. |
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472 | | - | (ii) Proceed with the vehicle to the nearest platform |
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473 | | - | scales certified by the Department of Agriculture and |
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474 | | - | Industries and operated by a bonded operator within a distance |
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475 | | - | of 100 highway miles to verify the accuracy of the portable |
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476 | | - | scales used in determining the axle weight or gross weight of |
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477 | | - | the vehicle without being accompanied by an enforcement |
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478 | | - | officer. If the axle weights or gross weight of the vehicle is |
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479 | | - | shown by the platform scales to be within the legal limits of |
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480 | | - | this section, including the allowable load tolerance, the |
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481 | | - | operator of the vehicle shall not be held to be in violation |
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482 | | - | of this section upon providing a copy of the platform scale |
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| 448 | + | requirements: |
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| 449 | + | (i) The weight of each axle is limited to 22,000 pounds |
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| 450 | + | plus the allowable load tolerance. |
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| 451 | + | (ii) If the vehicle has two consecutive sets of tandem |
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| 452 | + | axles: |
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| 453 | + | A. The weight of each consecutive set of axles is |
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| 454 | + | limited to 44,000 pounds plus the allowable load tolerance. |
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| 455 | + | B. The overall distance between the first axle and last |
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| 456 | + | axle of the consecutive sets of tandem axles is 36 feet or |
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| 457 | + | more. |
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| 458 | + | C. The overall gross weight of the vehicle does not |
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| 459 | + | exceed 80,000 pounds plus the allowable load tolerance. |
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| 460 | + | 5. It shall be is a violation if the vehicles a vehicle |
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| 461 | + | named under this subdivision travel paragraph travels upon |
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| 462 | + | bridges designated and posted by the Transportation Director |
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| 463 | + | of Transportation as incapable of carrying the load. |
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| 464 | + | f. Driver Compliance. If the driver of any vehicle can |
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| 465 | + | comply with the weight requirements of this section by |
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| 466 | + | shifting or equalizing the load on all wheels or axles and |
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| 467 | + | does so when requested by the proper authority, the driver |
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| 468 | + | shall not be held to be operating in violation of this |
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| 469 | + | section. |
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| 470 | + | g. Portable Scales. |
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| 471 | + | 1. When portable Portable scales are may be used in |
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| 472 | + | enforcing to enforce this section, the. To determine the |
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| 473 | + | weight of each axle, the axles of any vehicle described or |
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| 474 | + | commonly referred to as tandem or triaxle rigs or units, that |
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| 475 | + | is, vehicles having two or more axles in addition to a |
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| 476 | + | steering axle, the group of tandem or triaxles shall be |
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| 477 | + | 211 |
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512 | | - | of this section upon providing a copy of the platform scale |
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513 | | - | weight ticket and an affidavit, to be established and provided |
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514 | | - | online by the court having jurisdiction over this matter |
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515 | | - | within 48 hours of being weighed by the portable scales. Upon |
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516 | | - | complying with this section, no court costs, fees, or |
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517 | | - | penalties shall apply. |
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518 | | - | 3. When using portable scales to enforce this section, |
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519 | | - | not more than five vehicles may be detained at any one time, |
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520 | | - | including a vehicle being weighed |
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521 | | - | h. County Highways. The governing body of a county, by |
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522 | | - | appropriate resolution, may authorize limitations less than |
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523 | | - | those prescribed in this section for vehicles operated upon |
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524 | | - | the county highways of the county. |
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525 | | - | i. Posted Roads and Bridges. The Department of |
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526 | | - | Transportation may post or limit any road or bridge to weights |
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527 | | - | less than those prescribed by this section. It is the |
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528 | | - | legislative intent and purpose that this section be rigidly |
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529 | | - | enforced by the Department of Transportation, the Alabama |
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530 | | - | State Law Enforcement Agency, any other authorized law |
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531 | | - | enforcement officer of this state, and any county, city, and |
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532 | | - | incorporated town. |
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533 | | - | j. Agricultural Commodities. Two and three axle |
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534 | | - | vehicles being used exclusively for the purpose of |
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535 | | - | transporting agricultural commodities or products to and from |
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536 | | - | a farm and for agricultural purposes relating to the operation |
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537 | | - | and maintenance of a farm by any farmer, custom harvester, or |
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538 | | - | husbandman may not be made to conform to the axle requirements |
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539 | | - | of paragraph a. or the gross weight requirements of paragraph |
---|
540 | | - | b. |
---|
| 506 | + | steering axle, the group of tandem or triaxles shall be |
---|
| 507 | + | weighed simultaneously, and the total weight so derived shall |
---|
| 508 | + | be divided by the number of axles weighed in the group to |
---|
| 509 | + | arrive at the per axle weight, except that if any one axle in |
---|
| 510 | + | the group exceeds 20,000 pounds in weight, it shall not exceed |
---|
| 511 | + | the weight of any other axle in the group by more than 50 |
---|
| 512 | + | percent. |
---|
| 513 | + | 2. When portable scales are used to enforce this |
---|
| 514 | + | sectiondetermine and either the axle weight or the gross |
---|
| 515 | + | weight of a vehicle pursuant to is determined to be in |
---|
| 516 | + | violation of this section, if the operator of the vehicle |
---|
| 517 | + | believes that the determination of a violation is based on |
---|
| 518 | + | inaccuracies of the portable scales, the operator may do |
---|
| 519 | + | either of the following: |
---|
| 520 | + | (i)will be permitted to move Request that an |
---|
| 521 | + | enforcement officer accompany the operator and vehicle to the |
---|
| 522 | + | nearest platform scales certified by the Department of |
---|
| 523 | + | Agriculture and Industries and operated by a bonded operator |
---|
| 524 | + | within a distance of 10 highway miles , accompanied by an |
---|
| 525 | + | enforcement officer to verify the accuracy of the portable |
---|
| 526 | + | scales used in determining the axle weight or gross weight of |
---|
| 527 | + | the vehicle. If an enforcement officer does not accompany the |
---|
| 528 | + | operator and vehicle to platform scales within 30 minutes of |
---|
| 529 | + | the request to do so, or the axle weights or gross weight of |
---|
| 530 | + | the vehicle is shown by the platform scales to be within the |
---|
| 531 | + | legal limits of this section, including the allowable load |
---|
| 532 | + | tolerance, the operator of the vehicle shall not be held to be |
---|
| 533 | + | in violation of this section and any citation, if issued, |
---|
| 534 | + | shall be void. |
---|
| 535 | + | 239 |
---|
570 | | - | b. |
---|
571 | | - | (4) WIDTH. Vehicles and combinations of vehicles |
---|
572 | | - | operating on highways shall not exceed a total outside width, |
---|
573 | | - | including any load thereon, of 102 inches, exclusive of |
---|
574 | | - | mirrors or other safety devices approved by the Department of |
---|
575 | | - | Transportation. No passenger vehicle shall carry any load |
---|
576 | | - | extending beyond the line of the fenders. No vehicle hauling |
---|
577 | | - | forest products or culvert pipe on any highway shall have a |
---|
578 | | - | load exceeding 102 inches in width. |
---|
579 | | - | (b)(1) Any vehicle utilizing an auxiliary power or idle |
---|
580 | | - | reduction technology unit in order to promote reduction of |
---|
581 | | - | fuel use and emissions because of engine idling shall be |
---|
582 | | - | allowed an additional 400 pounds total to the gross, axle, |
---|
583 | | - | tandem, or bridge formula weight limits defined in this |
---|
584 | | - | section. |
---|
585 | | - | (2) To be eligible for the exception provided in this |
---|
586 | | - | subsection, the operator of the vehicle must provide written |
---|
587 | | - | proof or certification of the weight of the auxiliary power |
---|
588 | | - | unit (APU) and demonstrate or certify the idle reduction |
---|
589 | | - | technology is fully functional at all times. |
---|
590 | | - | (3) Written proof or certification of the weight of the |
---|
591 | | - | APU must be available to law enforcement officers if the |
---|
592 | | - | vehicle is found in violation of applicable weight laws. The |
---|
593 | | - | weight allowed may not exceed 400 pounds or the actual weight |
---|
594 | | - | proven or certified, whichever is less. |
---|
595 | | - | (4) It is the intent of this subsection to apply at the |
---|
596 | | - | state highway level the weight limit increase for vehicles |
---|
597 | | - | using a functioning auxiliary power or idle reduction |
---|
598 | | - | technology as provided in the Federal Energy Policy Act of |
---|
| 564 | + | shall be void. |
---|
| 565 | + | (ii) Proceed with the vehicle to the nearest platform |
---|
| 566 | + | scales certified by the Department of Agriculture and |
---|
| 567 | + | Industries and operated by a bonded operator within a distance |
---|
| 568 | + | of 100 highway miles to verify the accuracy of the portable |
---|
| 569 | + | scales used in determining the axle weight or gross weight of |
---|
| 570 | + | the vehicle without being accompanied by an enforcement |
---|
| 571 | + | officer. If the axle weights or gross weight of the vehicle is |
---|
| 572 | + | shown by the platform scales to be within the legal limits of |
---|
| 573 | + | this section, including the allowable load tolerance, the |
---|
| 574 | + | operator of the vehicle shall not be held to be in violation |
---|
| 575 | + | of this section and any citation, if issued, shall be void |
---|
| 576 | + | upon providing a copy of the platform scale weight ticket and |
---|
| 577 | + | an affidavit, to be established and provided online by the |
---|
| 578 | + | entity employing the enforcing officer, to the entity |
---|
| 579 | + | employing the enforcing officer within 48 hours of being |
---|
| 580 | + | weighed by the portable scales. |
---|
| 581 | + | 3. When using portable scales to enforce this section, |
---|
| 582 | + | not more than three vehicles may be detained at any one time, |
---|
| 583 | + | including a vehicle being weighed |
---|
| 584 | + | h. County Highways. The governing body of a county, by |
---|
| 585 | + | appropriate resolution, may authorize limitations less than |
---|
| 586 | + | those prescribed in this section for vehicles operated upon |
---|
| 587 | + | the county highways of the county. |
---|
| 588 | + | i. Posted Roads and Bridges. The Department of |
---|
| 589 | + | Transportation may post or limit any road or bridge to weights |
---|
| 590 | + | less than those prescribed by this section. It is the |
---|
| 591 | + | legislative intent and purpose that this section be rigidly |
---|
| 592 | + | enforced by the Department of Transportation, the Alabama |
---|
| 593 | + | 267 |
---|
628 | | - | technology as provided in the Federal Energy Policy Act of |
---|
629 | | - | 2005. |
---|
630 | | - | (c)(1) Any motor vehicle, if operated by an engine |
---|
631 | | - | fueled primarily by natural gas, may exceed any vehicle weight |
---|
632 | | - | limit, up to a maximum gross vehicle weight of 82,000 pounds, |
---|
633 | | - | under this section by an amount that is equal to the |
---|
634 | | - | difference between: |
---|
635 | | - | a. The weight of the vehicle attributable to the |
---|
636 | | - | natural gas tank and fueling system carried by that vehicle; |
---|
637 | | - | and |
---|
638 | | - | b. The weight of a comparable diesel tank and fueling |
---|
639 | | - | system. |
---|
640 | | - | (2) This subsection applies on federal interstate |
---|
641 | | - | highways to the weight limit increases for vehicles using an |
---|
642 | | - | EPA certified natural gas engine or an EPA approved conversion |
---|
643 | | - | unit installed on the vehicle that allows the vehicle to |
---|
644 | | - | operate primarily on compressed natural gas or liquefied |
---|
645 | | - | natural gas. |
---|
646 | | - | (d) Nothing in this section shall be construed as |
---|
647 | | - | effectuating either of the following: |
---|
648 | | - | (1) Permitting size or weight limits on the National |
---|
649 | | - | System of Interstate and Defense Highways in this state in |
---|
650 | | - | excess of those permitted under 23 U.S.C. § 127. If the |
---|
651 | | - | federal government prescribes or adopts vehicle size or weight |
---|
652 | | - | limits greater than or less than those now prescribed by 23 |
---|
653 | | - | U.S.C. § 127 for the National System of Interstate and Defense |
---|
654 | | - | Highways, the increased or decreased limits shall become |
---|
655 | | - | effective on the National System of Interstate and Defense |
---|
656 | | - | Highways in this state. |
---|
| 622 | + | enforced by the Department of Transportation, the Alabama |
---|
| 623 | + | State Law Enforcement Agency, any other authorized law |
---|
| 624 | + | enforcement officer of this state, and any county, city, and |
---|
| 625 | + | incorporated town. |
---|
| 626 | + | j. Agricultural Commodities. Two and three axle |
---|
| 627 | + | vehicles being used exclusively for the purpose of |
---|
| 628 | + | transporting agricultural commodities or products to and from |
---|
| 629 | + | a farm and for agricultural purposes relating to the operation |
---|
| 630 | + | and maintenance of a farm by any farmer, custom harvester, or |
---|
| 631 | + | husbandman may not be made to conform to the axle requirements |
---|
| 632 | + | of paragraph a. or the gross weight requirements of paragraph |
---|
| 633 | + | b. |
---|
| 634 | + | (4) WIDTH. Vehicles and combinations of vehicles |
---|
| 635 | + | operating on highways shall not exceed a total outside width, |
---|
| 636 | + | including any load thereon, of 102 inches, exclusive of |
---|
| 637 | + | mirrors or other safety devices approved by the Department of |
---|
| 638 | + | Transportation. No passenger vehicle shall carry any load |
---|
| 639 | + | extending beyond the line of the fenders. No vehicle hauling |
---|
| 640 | + | forest products or culvert pipe on any highway shall have a |
---|
| 641 | + | load exceeding 102 inches in width. |
---|
| 642 | + | (b)(1) Any vehicle utilizing an auxiliary power or idle |
---|
| 643 | + | reduction technology unit in order to promote reduction of |
---|
| 644 | + | fuel use and emissions because of engine idling shall be |
---|
| 645 | + | allowed an additional 400 pounds total to the gross, axle, |
---|
| 646 | + | tandem, or bridge formula weight limits defined in this |
---|
| 647 | + | section. |
---|
| 648 | + | (2) To be eligible for the exception provided in this |
---|
| 649 | + | subsection, the operator of the vehicle must provide written |
---|
| 650 | + | proof or certification of the weight of the auxiliary power |
---|
| 651 | + | 295 |
---|
686 | | - | Highways in this state. |
---|
687 | | - | (2) Denying the operation of any vehicle or combination |
---|
688 | | - | of vehicles that could be lawfully operated upon the highways |
---|
689 | | - | and roads of this state on January 4, 1975." |
---|
690 | | - | "§32-9-31 |
---|
691 | | - | Any officer enumerated in Section 32-9-3 having reason |
---|
692 | | - | to believe that the height, length, width, or weight of any |
---|
693 | | - | truck, semitrailer truck, or trailer is in excess of the |
---|
694 | | - | maximum limits prescribed by Section 32-9-20 , or permitted by |
---|
695 | | - | any permit issued under authority of Section 32-9-29 , is |
---|
696 | | - | authorized to measure or weigh the same, vehicle using either |
---|
697 | | - | by means of portable or stationary scales , and may require |
---|
698 | | - | such vehicle to be driven to the nearest stationary scales, in |
---|
699 | | - | the event such scales are within a distance of five miles . All |
---|
700 | | - | scales used for the weighing of vehicles as provided in this |
---|
701 | | - | section shall be approved by the weights and measures division |
---|
702 | | - | of the Department of Agriculture and Industries. The officer |
---|
703 | | - | shall may require the operator of the truck, semitrailer |
---|
704 | | - | truck, or trailer to unload such a portion of a load as may be |
---|
705 | | - | necessary to decrease the gross weight of such the vehicle to |
---|
706 | | - | the maximum gross weight permitted by this title or by the |
---|
707 | | - | terms of any permit in the possession of such the operator and |
---|
708 | | - | issued under the provisions of Section 32-9-29 (, which excess |
---|
709 | | - | load, when unloaded, shall be at the sole risk of the owner ), |
---|
710 | | - | or, at the election of the operator, the officer shall permit |
---|
711 | | - | the operator to move such the vehicle and its load to the |
---|
712 | | - | nearest incorporated town or the nearest court having |
---|
713 | | - | jurisdiction, at which place the excess load shall be |
---|
714 | | - | unloaded. The refusal of any such operator to permit his or |
---|
| 680 | + | proof or certification of the weight of the auxiliary power |
---|
| 681 | + | unit (APU) and demonstrate or certify the idle reduction |
---|
| 682 | + | technology is fully functional at all times. |
---|
| 683 | + | (3) Written proof or certification of the weight of the |
---|
| 684 | + | APU must be available to law enforcement officers if the |
---|
| 685 | + | vehicle is found in violation of applicable weight laws. The |
---|
| 686 | + | weight allowed may not exceed 400 pounds or the actual weight |
---|
| 687 | + | proven or certified, whichever is less. |
---|
| 688 | + | (4) It is the intent of this subsection to apply at the |
---|
| 689 | + | state highway level the weight limit increase for vehicles |
---|
| 690 | + | using a functioning auxiliary power or idle reduction |
---|
| 691 | + | technology as provided in the Federal Energy Policy Act of |
---|
| 692 | + | 2005. |
---|
| 693 | + | (c)(1) Any motor vehicle, if operated by an engine |
---|
| 694 | + | fueled primarily by natural gas, may exceed any vehicle weight |
---|
| 695 | + | limit, up to a maximum gross vehicle weight of 82,000 pounds, |
---|
| 696 | + | under this section by an amount that is equal to the |
---|
| 697 | + | difference between: |
---|
| 698 | + | a. The weight of the vehicle attributable to the |
---|
| 699 | + | natural gas tank and fueling system carried by that vehicle; |
---|
| 700 | + | and |
---|
| 701 | + | b. The weight of a comparable diesel tank and fueling |
---|
| 702 | + | system. |
---|
| 703 | + | (2) This subsection applies on federal interstate |
---|
| 704 | + | highways to the weight limit increases for vehicles using an |
---|
| 705 | + | EPA certified natural gas engine or an EPA approved conversion |
---|
| 706 | + | unit installed on the vehicle that allows the vehicle to |
---|
| 707 | + | operate primarily on compressed natural gas or liquefied |
---|
| 708 | + | natural gas. |
---|
| 709 | + | 323 |
---|
744 | | - | unloaded. The refusal of any such operator to permit his or |
---|
745 | | - | her truck, semitrailer truck, or trailer to be measured or |
---|
746 | | - | weighed, or to proceed to a stationary scales or to unload the |
---|
747 | | - | excess load shall constitute , is a violation of this chapter." |
---|
748 | | - | Section 2. This act shall become effective on October |
---|
749 | | - | 1, 2025. |
---|
| 738 | + | natural gas. |
---|
| 739 | + | (d) Nothing in this section shall be construed as |
---|
| 740 | + | effectuating either of the following: |
---|
| 741 | + | (1) Permitting size or weight limits on the National |
---|
| 742 | + | System of Interstate and Defense Highways in this state in |
---|
| 743 | + | excess of those permitted under 23 U.S.C. § 127. If the |
---|
| 744 | + | federal government prescribes or adopts vehicle size or weight |
---|
| 745 | + | limits greater than or less than those now prescribed by 23 |
---|
| 746 | + | U.S.C. § 127 for the National System of Interstate and Defense |
---|
| 747 | + | Highways, the increased or decreased limits shall become |
---|
| 748 | + | effective on the National System of Interstate and Defense |
---|
| 749 | + | Highways in this state. |
---|
| 750 | + | (2) Denying the operation of any vehicle or combination |
---|
| 751 | + | of vehicles that could be lawfully operated upon the highways |
---|
| 752 | + | and roads of this state on January 4, 1975." |
---|
| 753 | + | "§32-9-31 |
---|
| 754 | + | Any officer enumerated in Section 32-9-3 having reason |
---|
| 755 | + | to believe that the height, length, width, or weight of any |
---|
| 756 | + | truck, semitrailer truck, or trailer is in excess of the |
---|
| 757 | + | maximum limits prescribed by Section 32-9-20 , or permitted by |
---|
| 758 | + | any permit issued under authority of Section 32-9-29 , is |
---|
| 759 | + | authorized to measure or weigh the same, vehicle using either |
---|
| 760 | + | by means of portable or stationary scales , and may require |
---|
| 761 | + | such vehicle to be driven to the nearest stationary scales, in |
---|
| 762 | + | the event such scales are within a distance of five miles . All |
---|
| 763 | + | scales used for the weighing of vehicles as provided in this |
---|
| 764 | + | section shall be approved by the weights and measures division |
---|
| 765 | + | of the Department of Agriculture and Industries. The officer |
---|
| 766 | + | shall may require the operator of the truck, semitrailer |
---|
| 767 | + | 351 |
---|
796 | | - | 378 |
---|
| 794 | + | 378 SB110 INTRODUCED |
---|
| 795 | + | Page 15 |
---|
| 796 | + | shall may require the operator of the truck, semitrailer |
---|
| 797 | + | truck, or trailer to unload such a portion of a load as may be |
---|
| 798 | + | necessary to decrease the gross weight of such the vehicle to |
---|
| 799 | + | the maximum gross weight permitted by this title or by the |
---|
| 800 | + | terms of any permit in the possession of such the operator and |
---|
| 801 | + | issued under the provisions of Section 32-9-29 (, which excess |
---|
| 802 | + | load, when unloaded, shall be at the sole risk of the owner ), |
---|
| 803 | + | or, at the election of the operator, the officer shall permit |
---|
| 804 | + | the operator to move such the vehicle and its load to the |
---|
| 805 | + | nearest incorporated town or the nearest court having |
---|
| 806 | + | jurisdiction, at which place the excess load shall be |
---|
| 807 | + | unloaded. The refusal of any such operator to permit his or |
---|
| 808 | + | her truck, semitrailer truck, or trailer to be measured or |
---|
| 809 | + | weighed, or to proceed to a stationary scales or to unload the |
---|
| 810 | + | excess load shall constitute , is a violation of this chapter." |
---|
| 811 | + | Section 2. This act shall become effective on October |
---|
| 812 | + | 1, 2025. |
---|
| 813 | + | 379 |
---|
| 814 | + | 380 |
---|
| 815 | + | 381 |
---|
| 816 | + | 382 |
---|
| 817 | + | 383 |
---|
| 818 | + | 384 |
---|
| 819 | + | 385 |
---|
| 820 | + | 386 |
---|
| 821 | + | 387 |
---|
| 822 | + | 388 |
---|
| 823 | + | 389 |
---|
| 824 | + | 390 |
---|
| 825 | + | 391 |
---|
| 826 | + | 392 |
---|
| 827 | + | 393 |
---|
| 828 | + | 394 |
---|