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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 enact R.S. 32:388(B)(1)(b)(iv), relative to trucks hauling concrete or construction2
aggregates; to authorize ready-mixed concrete trucks to exceed licensed gross3
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)(iv) is hereby enacted to read as follows: 6
ยง388. Penalties; payments7
* * *8
B.(1)(a) * * *9
(b)(i) * * *10
(iv) Effective from August 1, 2012, through July 31, 2014, no truck11
hauling ready-mixed concrete shall be assessed a penalty for exceeding its12
maximum permissible gross weight, as determined by law, provided the total13
excess weight is ten percent or less of such truck's maximum permissible gross14
weight, such truck contains a certificate evidencing its most recent mixer chip-15
out of build-up occurred within the previous ninety days, such truck does not16
exceed the posted load while crossing a posted bridge, such truck is not17 SB NO. 79
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
operating on the interstate system, and no tire on such truck exceeds its tire1
weight rating. If such truck's total excess weight is greater than ten percent of2
its maximum permissible gross weight, as determined by law, such truck shall3
be assessed a penalty calculated on the total amount by which the truck's weight4
exceeds its maximum permissible gross weight, as determined by law. For the5
purposes of this Item, a ready-mixed concrete truck is defined as a vehicle6
designed exclusively to transport or manufacture ready-mixed concrete and7
includes a vehicle designed exclusively to transport and manufacture ready-8
mixed concrete or a concrete pump truck engaged in hauling ready-mixed9
concrete.10
* * *11
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Sharon F. Lyles.
DIGEST
Proposed law prohibits assessment of a penalty on any truck hauling ready-mixed concrete
which exceeds its maximum allowable gross weight, as determined by law, provided the
total excess weight is ten percent or less of the truck's maximum allowable gross weight, the
truck contains a certificate evidencing its most recent mixer chip-out of a build-up occurred
within the previous ninety days, the truck does not exceed the posted load while crossing a
posted bridge, the truck is not operating on the interstate system, and no tire on the truck
exceeds its tire weight rating.
Proposed law provides that if the truck's total excess weight is greater than ten percent of the
truck's maximum allowable gross weight, as determined by law, the truck shall be assessed
a penalty calculated on the total amount by which the truck's weight exceeds its maximum
permissible gross weight, as determined by law.
Proposed law applies to a ready-mixed concrete truck which 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.
Proposed law sunsets in two years and is effective from August 1, 2012, through July 31,
2014.
Effective date is August 1, 2012.
(Adds R. S. 32:388(B)(1)(b)(iv)) SB NO. 79
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Transportation,
Highways, and Public Works to the original bill
1. Prohibits assessment of a penalty to a ready-mixed concrete truck that
exceeds its maximum legal gross weight by 10% or less if it meets all of the
following conditions:
(a)Contains a certificate evidencing its most recent mixer chip-
out of build-up occurred within the previous 90 days.
(b)Does not exceed the posted load while crossing a posted
bridge.
(c)Is not operating on the interstate system.
(d)No tire exceeds its tire weight rating.
2. Provides for calculation of an overweight penalty on a ready-mixed concrete
truck that exceeds it maximum legal gross weight by more than 10% on the
total amount by which the truck's weight exceeds its maximum legal gross
weight.
3. Provides proposed law is effective for 2 years beginning August 1, 2012, and
terminates July 31, 2014.