Oklahoma 2022 2022 Regular Session

Oklahoma House Bill HB2479 Introduced / Bill

Filed 01/21/2021

                     
 
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STATE OF OKLAHOMA 
 
1st Session of the 58th Legislature (2021) 
 
HOUSE BILL 2479 	By: Frix 
 
 
 
 
 
AS INTRODUCED 
 
An Act relating to motor vehicles; amending 47 O.S. 
2011, Section 14-109, as last amended by Section 2, 
Chapter 317, O.S.L. 2019 (47 O.S. S upp. 2020, Section 
14-109), which relates to load limits and gross 
weight of vehicle and load; allowing certain vehicles 
an exception to operate on roadways; stating that 
certain vehicles shall be considered a load that 
cannot be easily dismantled, divided or nondivisible; 
requiring certain vehicles purchase annual permit; 
providing for deposit of monies collected into the 
Weight Station Improvement Revolving Fund; requiring 
Department of Public Safety create certain fee; and 
providing an effective date . 
 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     AMENDATORY     47 O.S. 2011, Section 14 -109, as 
last amended by Section 2, Chapter 317, O.S.L. 2019 (47 O.S. Supp. 
2020, Section 14-109), is amended to read as follows: 
Section 14-109. A.  On any road or highway: 
1.  No single axle weight shall exceed twenty thousand (20,000) 
pounds; and 
2.  The total gross weight in pounds imposed thereon by a 
vehicle or combination of vehicles shall not exceed the value   
 
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calculated in accordance with the Federal Bridge formula imposed by 
23 U.S.C., Section 127. 
B.  Except as to gross limits, the formula of this section shall 
not apply to a truck -tractor and dump semitrailer when used as a 
combination unit.  In no event shall th e maximum load in pounds 
carried by any set of tandem axles exceed thirty -four thousand 
(34,000) pounds.  Any vehicle operating with split tandem axles or 
tri-axles shall adhere to the formula. 
C.  Except for loads moving under special permits as provided in 
this title, no department or agency of this state or any county, 
city, or public entity thereof shall pay for any material that 
exceeds the legal weight limits moving in interstate or intrastate 
commerce in excess of the legal load limits of this state. 
D.  1.  An annual special overload permit may be purchased for 
vehicles transporting rock, sand, gravel, coal, flour, timber, 
pulpwood, and chips in their natural state, oil field fluids, oil 
field equipment or equipment used in oil and gas well drilling or 
exploration, and vehicles transporting grain, fertilizer, 
cottonseed, cotton, livestock, peanuts, canola, sunflowers, 
soybeans, feed, any other raw agricultural products, and any other 
unprocessed agricultural products, if the following conditions are 
met: 
a. the vehicles are registered for the maximum allowable 
rate,   
 
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b. the vehicles do not exceed five percent (5%) of the 
gross limits set forth in subsection A of this 
section, 
c. the vehicles do not exceed eight percent (8%) of the 
axle limits set forth in subsection A of this section, 
d. no component of the vehicles exceeds the 
manufacturer's component weight rating as shown on the 
vehicle certification label or tag, and 
e. the vehicles operating pursuant to the provisions of 
this paragraph will not be a llowed to operate on the 
National System of Interstate and Defense Highways. 
2.  Vehicles operating pursuant to this section must register 
for the maximum allowable rate and additionally shall purchase a 
nontransferable annual special overload permit from the Department 
of Public Safety for a fee of Three Hundred Fifty Dollars ($350.00).  
All monies collected shall be deposited to the credit of the Highway 
Construction and Maintenance Fund. 
E.  1.  Oversize or overweight vehicles used for specialized 
transportation if the maximum weight does not exceed twenty -three 
thousand (23,000) pounds on any single axle and: 
a. is a dual lane trailer with dual lane axles and the 
width of the transport vehicle or trailer exceeds 
twelve (12) feet in width, or   
 
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b. the overall gross vehicle weight of a single trailer 
meets or exceeds three hundred thousand (300,000) 
pounds, originates or terminates at the Tulsa Port of 
Catoosa, and the trip is confined within a thirty -mile 
radius of the Port. 
2.  Permit fees for oversize or o verweight vehicles used for 
specialized transportation shall be in accordance with subsection A 
of Section 14-116 of this title. 
3.  Vehicles operating pursuant to the provisions of this 
paragraph will not be allowed to operate on the National System of 
Interstate and Defense Highways. 
F.  Exceptions to this section will be: 
1.  Public electric utility vehicles or rural electric 
cooperative vehicles regulated by the Corporation Commission , 
Utility utility or refuse collection vehicles used by counties, 
cities, or towns or by private companies contracted by counties, 
cities, or towns if the following conditions are met: 
a. calculation of weight for a public electric utility 
vehicle or rural electr ic cooperative vehicle, utility 
or refuse collection vehicle sh all be "Gross Vehicle 
Weight".  The "Gross Vehicle Weight " of a public 
electric utility vehicle or rural electric cooperative 
vehicle, utility or refuse collection vehicle may not 
exceed the otherwise applicable weight by more than   
 
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fifteen percent (15%).  The weight on individual axles 
must not exceed the manufacturer 's component rating 
which includes axle, suspension, wheels, rims, brakes, 
and tires as shown on the vehicle certification label 
or tag, and 
b. public electric utility vehicle or rural electric 
cooperative vehicle, utility or refuse collection 
vehicles operated under these exceptions will not be 
allowed to operate on interstate highways; 
2.  A combination of a wrecker or tow vehicle and another 
vehicle or vehicle combination if: 
a. the service provided by the wrecker or tow vehicle is 
needed to remove disabled, abandoned, or accident -
damaged vehicles, and 
b. the wrecker or tow vehicle is towing the other vehicle 
or vehicle combination directly to the nearest 
appropriate place of repair, terminal, or vehicle 
storage facility; 
3.  A vehicle operating pursuant to the provisions of paragraph 
2 of this subsection will not be allowed to operate on the National 
System of Interstate and Defense Highways unless it is a covered 
heavy-duty tow and recovery v ehicle that:   
 
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a. is transporting a disabled vehicle from the place 
where the vehicle became disabled to the nearest 
appropriate repair facility, and 
b. has a gross vehicle weight that is equal to or exceeds 
the gross vehicle weight of the disabled vehicle b eing 
transported; and 
4.  On the interstate highway system a vehicle designed to be 
used under emergency conditions to transport personnel and equipment 
and to support the suppression of fires and mitigation of other 
hazardous situations with a vehicle wei ght limit up to a maximum 
gross vehicle weight of eighty -six thousand (86,000) pounds with 
less than: 
a. twenty-four thousand (24,000) pounds on a single 
steering axle, 
b. thirty-three thousand five hundred (33,500) pounds on 
a single drive axle, 
c. sixty-two thousand (62,000) pounds on a tandem axle, 
or 
d. fifty-two thousand (52,000) pounds on a tandem rear 
drive steer axle. 
G.  1.  Any vehicle utilizing an auxiliary power or idle 
reduction technology unit in order to promote reduction of fuel use 
and emissions because of engine idling shall be allowed an   
 
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additional four hundred (400) pounds total to the total gross weight 
limits set by this section. 
2.  To be eligible for the exception provided in this 
subsection, the operator of the vehicle must obtain wr itten proof or 
certification of the weight of the auxiliary power or idle reduction 
technology unit and be able to demonstrate or certify that the idle 
reduction technology is fully functional. 
3.  Written proof or certification of the weight of the 
auxiliary power or idle reduction technology unit must be available 
to law enforcement officers if the vehicle is found in violation of 
applicable weight laws.  The additional weight allowed cannot exceed 
four hundred (400) pounds or the actual proven or certifi ed weight 
of the unit, whichever is less. 
H.  On the Interstate Highway System, a vehicle carrying fluid 
milk products shall be considered a load that cannot be easily 
dismantled or divided, or "nondivisible". 
I.  Utility, refuse collection vehicles or a c ombination of a 
wrecker or tow vehicle as described in paragraphs 1 and 2 of 
subsection F of this section operating under exceptions shall 
purchase an annual special overload permit from the Department of 
Public Safety for One Hundred Dollars ($100.00).  A ll monies 
collected shall be deposited to the credit of the Highway 
Construction and Maintenance Fund.   
 
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J.  A public electric utility vehicle or rural electric 
cooperative vehicle regulated by the Corporation Commission, whose 
"Gross Vehicle Weight " does not exceed the otherwise applicable 
weight by more than fifteen percent (15%) and whose weight on 
individual axles does not exceed the manufacturer 's component rating 
which includes axle, suspension, wheels, rims, brakes, and tires as 
shown on the vehicle ce rtification label or tag, shall be considered 
a load that cannot be easily dismantled or divided, or 
"nondivisible". 
K.  A public electric utility vehicle or rural electric 
cooperative vehicle regulated by the Corporation Commission 
operating under these e xceptions shall purchase an annual special 
overload permit from the Department of Public Safety. All monies 
collected shall be deposited to the credit of the Weigh Station 
Improvement Revolving Fund as provided in Section 1167 of this 
title. The Department shall determine a reasonable fee for the said 
annual special overload permit. 
SECTION 2.  This act shall become effective November 1, 2021. 
 
58-1-6811 JBH 01/13/2021