HLS 19RS-294 REENGROSSED
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)(4)(b) and to enact R.S. 32:388(B)(1)(b)(v), relative
3 to trucks hauling construction aggregates; to provide that such authorization to
4 exceed the maximum gross vehicle weight limit shall not apply in certain
5 circumstances; to provide for exceptions; to provide for definitions; and to provide
6 for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 32:388(B)(4)(b) is hereby amended and reenacted and R.S.
932:388(B)(1)(b)(v) is hereby enacted to read as follows:
10 ยง388. Penalties; payments
11 * * *
12 B.(1)
13 * * *
14 (b)
15 * * *
16 (v) No dump truck hauling concrete or construction aggregates shall be
17 assessed a penalty for exceeding its maximum permissible axle weight, as
18 determined by law, provided the total excess gross weight is ten percent or less of the
19 truck's maximum permissible gross weight, the truck does not exceed the posted load
20 while crossing a posted bridge, the truck is not operating on the interstate system,
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HB NO. 164
1 and no tire on the truck exceeds its tire weight rating. If the truck's total excess gross
2 weight is greater than ten percent of its maximum permissible gross weight, as
3 determined by law, the truck shall be assessed a penalty calculated on the total
4 amount by which the truck's weight exceeds its maximum permissible gross weight,
5 as determined by law. For the purposes of this Section, "dump truck" shall mean a
6 vehicle designed exclusively to transport construction aggregates.
7 * * *
8 (4)
9 * * *
10 (b) When used in this Paragraph Section, "construction aggregates" means
11 any of the following:
12 (i) Sand.
13 (ii) Gravel.
14 (iii) Crushed stone.
15 (iv) Reef shell.
16 (v) Clam shell.
17 (vi) Sand-clam shell mixture.
18 (vii) Sand-reef shell mixture.
19 (viii) Sand clay gravel.
20 (ix) Clam-reef shell mixture.
21 (x) Crushed concrete.
22 (xi) Expanded clay.
23 (xii) Calcium sulfate hemihydrate.
24 (xiii) Asphalt.
25 (xiv) Bulk soil.
26 (xv) Bulk rock.
27 (xvi) Sand rock.
28 (xvii) Asphalt millings.
29 * * *
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are additions. HLS 19RS-294 REENGROSSED
HB NO. 164
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 Reengrossed 2019 Regular Session Franklin
Abstract: Creates a weight variance for "dump trucks".
Present law defines "construction aggregates" as sand, gravel, crushed stone, reef shell, clam
shell, sand-clam shell mixture, sand-reef shell mixture, sand clay gravel, clam-reef shell
mixture, crushed concrete, expanded clay, calcium sulfate hemihydrate, and asphalt.
Proposed law modifies the present law definition for "construction aggregates" to include
bulk soil, bulk rock, sand rock, and asphalt millings.
Proposed law authorizes dump trucks hauling concrete or construction aggregates to exceed
the maximum permissible axle weight, without a penalty, provided the truck does not exceed
its maximum permissible gross weight by more than 10%, 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 defines "dump truck" as a vehicle designed exclusively to transport
construction aggregates.
(Amends R.S. 32:388(B)(4)(b); Adds R.S. 32:388(B)(1)(b)(v))
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Make technical changes.
2. Remove the special permit for "dump trucks".
3. Provide for a weight variance which authorizes trucks hauling concrete or
construction aggregates to exceed the maximum allowable axle weights, without
penalty, provided the dump truck does not exceed the maximum permissible
gross weight, as provided for in present law, by more than 10% as provided, and
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.
4. Modify the definition of "construction aggregate" to include bulk soil, bulk rock,
sand rock, and asphalt millings.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.