HLS 19RS-294 ORIGINAL
2019 Regular Session
HOUSE BILL NO. 164
BY REPRESENTATIVE FRANKLIN
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
MTR VEHICLE/TRUCK REGS: Provides relative to dump trucks
1 AN ACT
2To amend and reenact R.S. 32:388(B)(1)(b)(i) and to enact R.S. 32:387.21, relative to trucks
3 hauling construction aggregates or construction commodities; to authorize the
4 issuance of special permits for vehicles transporting construction aggregates or
5 construction commodities under certain circumstances; to provide that such
6 authorization to exceed the maximum gross vehicle weight limit shall not apply in
7 certain circumstances; to provide for weight limits under the special permit for dump
8 trucks; to establish a fee for the special permit for dump trucks; to provide for
9 exceptions; to provide for definitions; and to provide for related matters.
10Be it enacted by the Legislature of Louisiana:
11 Section 1. R.S. 32:388(B)(1)(b)(i) is hereby amended and reenacted and R.S.
1232:387.21 is hereby enacted to read as follows:
13 §387.21. Special permit; dump trucks
14 A. Notwithstanding any provision of law to the contrary, upon application,
15 the secretary shall issue a thirty-day special permit authorizing the operation of dump
16 trucks on state-maintained highways and frontage roads adjacent to a federal
17 interstate highway. The permit shall not authorize the operation of dump trucks on
18 interstate highways.
19 B.(1) The permit shall authorize the operation of a dump truck with a gross
20 vehicle weight not to exceed sixty-nine thousand, eight hundred fifty pounds if a rear
Page 1 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-294 ORIGINAL
HB NO. 164
1 tandem-axle dump truck, a gross vehicle weight not to exceed eighty-three thousand
2 pounds if a rear tri-axle dump truck, and a gross vehicle weight not to exceed eighty-
3 six thousand pounds if a rear quad-axle dump truck.
4 (2) The permit shall be specific to the vehicle that is listed in the permit
5 application.
6 (3) The fee for the permit per vehicle shall be one hundred dollars per
7 vehicle regardless of the number of axles.
8 C. A permit issued pursuant to this Section shall be valid for thirty days and
9 shall be carried in the vehicle for which it is issued.
10 D. When the department issues a permit pursuant to this Section, it shall
11 issue a form to be carried in the vehicle at all times. The department shall design the
12 form to aid in the enforcement of weight limits for vehicles. The form shall indicate
13 the expiration date of the permit and be removed from the vehicle when the permit
14 for the operation of the vehicle expires, the lease of the vehicle expires, or the
15 vehicle is sold.
16 E. If the permitted gross vehicle weight is not exceeded, there shall be no
17 fines imposed for over axle weight.
18 F. As used in this Section, the following terms shall have the meaning
19 ascribed to them:
20 (1) "Dump truck" shall mean a vehicle designed exclusively to transport
21 construction aggregates or construction commodities.
22 (2) "Construction commodities" shall mean bulk soil , bulk rock, sand rock,
23 or asphalt millings.
24 §388. Penalties; payments
25 * * *
26 B.(1)
27 * * *
28 (b)(i) Any truck hauling concrete or construction aggregates shall not be
29 assessed a penalty for weight which exceeds the maximum allowable axle weights,
Page 2 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-294 ORIGINAL
HB NO. 164
1 if such truck does not also exceed the maximum permissible gross weight as
2 provided in R.S. 32:386 and such truck is not operating on the interstate system.
3 No truck hauling concrete or construction aggregates shall be assessed a penalty for
4 exceeding its maximum permissible gross weight, as determined by law, provided
5 the total excess weight is ten percent or less of the truck's maximum permissible
6 gross weight, the truck does not exceed the posted load while crossing a posted
7 bridge, the truck is not operating on the interstate system, and no tire on the truck
8 exceeds its tire weight rating. If the truck's total excess weight is greater than ten
9 percent of its maximum permissible gross weight, as determined by law, the truck
10 shall be assessed a penalty calculated on the total amount by which the truck's weight
11 exceeds its maximum permissible gross weight, as determined by law. For the
12 purposes of this Item, "dump truck" shall mean a vehicle designed exclusively to
13 transport construction aggregates or construction commodities. This Item shall not
14 apply to any dump truck as defined in R.S. 32:387.21 that has been issued a permit
15 pursuant to R.S. 32:387.21.
16 * * *
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 164 Original 2019 Regular Session Franklin
Abstract: Creates a 30-day permit for dump trucks and provides for fees and matters
relating to such permits.
Proposed law requires the secretary to issue 30-day special permits upon application
authorizing the operation of dump trucks on state-maintained highways and frontage roads
adjacent to federal interstate highways.
Proposed law provides that the permit created by proposed law would authorize the
operation of a dump truck with a gross vehicle weight not to exceed 69,850 pounds if a rear
tandem-axle dump truck, a gross vehicle weight not to exceed 83,000 pounds if a rear
tri-axle dump truck, and a gross vehicle weight not to exceed 86,000 pounds if a rear
quad-axle dump truck.
Proposed law requires the permit created by proposed law be specific to the vehicle that is
listed in the permit application.
Page 3 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-294 ORIGINAL
HB NO. 164
Proposed law requires a fee for the permit to be collected per vehicle in the amount of $100
regardless of the number of axles.
Proposed law specifies that a permit issued pursuant to proposed law is valid for 30 days and
requires the permit be carried in the vehicle for which it is issued.
Proposed law requires the Dept. of Transportation and Development to issue a form to be
carried in the vehicle at all times. Specifies that the form must indicate the expiration date
of the permit and be removed from the vehicle when the permit for the operation of the
vehicle expires, the lease of the vehicle expires, or the vehicle is sold.
Proposed law provides that if the permitted gross vehicle weight is not exceeded then there
would be no fines imposed for over axle weight.
Proposed law defines "dump truck" as a vehicle designed exclusively to transport
construction aggregates or construction commodities.
Proposed law defines "construction commodities" as bulk soil, bulk rock, sand rock, or
asphalt millings.
Present law authorizes trucks hauling concrete or construction aggregates to exceed the
maximum allowable axle weights, without penalty, provided the truck does not exceed the
maximum permissible gross weight as provided in present law and the truck is not operating
on the interstate system.
Proposed law modifies present law by authorizing trucks hauling concrete or construction
aggregates to exceed the maximum permissible gross weight, without a penalty, provided
the total excess weight is 10% or less of the truck's maximum permissible gross weight, 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 further provides that if the truck's total excess weight is greater than 10% of
its maximum permissible gross weight it must be assessed a penalty based on the total
amount by which the truck's weight exceeds its maximum permissible gross weight.
Proposed law provides an exemption from penalties for a "dump truck" that has been issued
a permit pursuant to proposed law.
(Amends R.S. 32:388(B)(1)(b)(i); Adds R.S. 32:387.21)
Page 4 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.