SLS 12RS-22 ORIGINAL
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 79
BY SENATOR MORRISH
WEIGHTS/MEASURES. Authorizes ready-mixed concrete trucks to exceed maximum
allowable gross vehicle weight under certain conditions. (8/1/12)
AN ACT1
To amend and reenact R. S. 32:388(B)(1)(b)(i), relative to trucks hauling concrete or2
construction aggregates; to authorize ready-mixed concrete trucks to exceed licensed3
gross vehicle weight under certain conditions; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 32:388(B)(1)(b)(i) is hereby amended and reenacted to read as6
follows: 7
ยง388. Penalties; payments8
* * *9
B.(1)(a) * * *10
(b)(i) Any truck hauling concrete or construction aggregates shall not be11
assessed a penalty for weight which exceeds the maximum allowable axle weights,12
if such truck does not also exceed the maximum permissible gross weight as13
provided in R.S. 32:386 and such truck is not operating on the interstate system.14
Additionally, any truck hauling ready-mixed concrete shall not be assessed a15
penalty for weight which exceeds its maximum allowable gross weight as16
provided in R.S. 32:386, if such truck's total excess weight is ten percent or less17 SB NO. 79
SLS 12RS-22 ORIGINAL
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
of the truck's maximum allowable gross weight, provided such truck is not1
operating on the interstate system, if such truck's most recent maintenance to2
chip out build-up in the mixer occurred within the previous ninety days, and if,3
before operating on a state highway, such truck's owner filed a surety bond in4
the principal amount set by the department not to exceed fifteen thousand5
dollars for each such truck. If the total excess weight is greater than ten percent6
of the truck's maximum allowable gross weight, as provided in R.S. 32:386, the7
assessed penalty shall be calculated only on the excess weight which is above the8
ten percent allowance for product build-up. For the purposes of this Item, a9
ready-mixed concrete truck is defined as a vehicle designed exclusively to10
transport or manufacture ready-mixed concrete and includes a vehicle designed11
exclusively to transport and manufacture ready-mixed concrete or a concrete12
pump truck engaged in hauling ready-mixed concrete13
* * *14
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Sharon F. Lyles.
DIGEST
Present law prohibits assessment of a penalty to any truck hauling concrete or construction
aggregates for weight which exceeds the maximum allowable axle weights, if such truck
does not also exceed the maximum allowable gross weight as provided in R.S. 32:386 and
such truck is not operating on the interstate system.
Proposed law retains present law and adds a prohibition on the assessment of a penalty on
any truck hauling ready-mixed concrete which exceeds its maximum allowable gross weight
per R.S. 32:386 if such truck's total excess weight is ten percent or less of the truck's
maximum allowable gross weight, if such truck is not operating on the interstate system, if
such truck's most recent maintenance to chip out build-up in the mixer occurred within the
previous ninety days, and if, before operating on a state highway, such truck's owner filed
a surety bond in the principal amount set by the department not to exceed $15,000 for each
such truck. If the total excess weight is greater than ten percent of the truck's maximum
allowable gross weight per R.S. 32:386, the assessed penalty shall be calculated only on the
excess weight which is above the ten percent allowance for product build-up. For the
purposes of this Subparagraph, a ready-mixed concrete truck is defined as a vehicle designed
exclusively to transport or manufacture ready-mixed concrete and includes a vehicle
designed exclusively to transport and manufacture ready-mixed concrete or a concrete pump
truck, engaged in hauling ready-mixed concrete.
(Amends R. S. 32:388(B)(1)(b)(i))