Senate Bill 0844
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Florida Senate - 1998 SB 844
By Senator Hargrett
21-802-98
1 A bill to be entitled
2 An act relating to commercial motor vehicles;
3 amending s. 316.091, F.S.; providing that on
4 specified highways certain commercial vehicles
5 may drive only in certain lanes; amending s.
6 316.302, F.S.; adopting federal motor carrier
7 safety regulations; amending s. 316.545, F.S.;
8 prescribing the penalty for operating an
9 overweight or improperly registered commercial
10 vehicle; providing an effective date.
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12 Be It Enacted by the Legislature of the State of Florida:
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14 Section 1. Subsection (5) is added to section 316.091,
15 Florida Statutes, to read:
16 316.091 Limited access facilities; interstate
17 highways; use restricted.--
18 (5) A person may drive a commercial motor vehicle
19 having a gross vehicle weight of 26,001 pounds or more or 3
20 axles or more, or a combination of vehicles weighing 26,001
21 pounds or more, upon any limited access facility with six or
22 more lanes only in the two right through lanes, except when
23 exiting the facility. However, in congested urban areas the
24 Department of Transportation may allow commercial motor
25 vehicles to operate in additional lanes when necessary for the
26 safe flow of traffic.
27 Section 2. Subsections (1) and (5) of section 316.302,
28 Florida Statutes, are amended to read:
29 316.302 Commercial motor vehicles; safety regulations;
30 transporters and shippers of hazardous materials;
31 enforcement.--
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Florida Senate - 1998 SB 844
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1 (1)(a) All owners and drivers of commercial motor
2 vehicles that are operated on the public highways of this
3 state while engaged in interstate commerce are subject to the
4 rules and regulations contained in 49 C.F.R. parts 40, 382,
5 383, 385, 387, and 390-397.
6 (b) Except as otherwise provided in this section, all
7 owners or drivers of commercial motor vehicles that are
8 engaged in intrastate commerce are subject to the rules and
9 regulations contained in 49 C.F.R. parts 40, 382, 383, 385,
10 387, and 390-397, with the exception of 49 C.F.R. s. 390.5 as
11 it relates to the definition of bus, as such rules and
12 regulations existed on March 1, 1998 1997.
13 (c) Except as provided in s. 316.215(5), and except as
14 provided in s. 316.228 for rear overhang lighting and flagging
15 requirements for intrastate operations, the requirements of
16 this section supersede all other safety requirements of this
17 chapter for commercial motor vehicles.
18 (5) The Department of Transportation may adopt and
19 revise rules to assure the safe operation of commercial motor
20 vehicles. The Department of Transportation may enter into
21 cooperative agreements as provided in 49 C.F.R. part 388.
22 Department of Transportation personnel may conduct motor
23 carrier and shipper terminal audits only for the purpose of
24 determining compliance with 49 C.F.R. parts 40, 171, 172, 173,
25 177, 178, 180, 382, 383, 385, 387, 391, 393, 396, and 390-397
26 397; 49 C.F.R. s. 395.1(e)(5); and s. 627.7415.
27 Section 3. Paragraph (b) of subsection (2) of section
28 316.545, Florida Statutes, is amended to read:
29 316.545 Weight and load unlawful; special fuel and
30 motor fuel tax enforcement; inspection; penalty; review.--
31 (2)
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Florida Senate - 1998 SB 844
21-802-98
1 (b) The officer shall inspect the license plate or
2 registration certificate of the commercial vehicle, as defined
3 in s. 316.003(66), to determine if its gross weight is in
4 compliance with the declared gross vehicle weight. If its
5 gross weight exceeds the declared weight, the penalty shall be
6 5 cents per pound on the difference between such weights. In
7 those cases when the commercial vehicle, as defined in s.
8 316.003(66), is being operated over the highways of the state
9 with an expired registration or with no registration from this
10 or any other jurisdiction or is not registered under the
11 applicable provisions of chapter 320, the penalty herein shall
12 apply on the basis of 5 cents per pound on that scaled weight
13 which exceeds 35,000 pounds on laden truck tractor-semitrailer
14 combinations or tandem trailer truck combinations, 10,000
15 pounds on laden straight trucks or straight truck-trailer
16 combinations, or 10,000 pounds on any unladen commercial motor
17 vehicle. The penalty imposed under this paragraph may not
18 exceed $1,000. In the case of special mobile equipment as
19 defined in s. 316.003(48), which qualifies for the license tax
20 provided for in s. 320.08(5)(b), being operated on the
21 highways of the state with an expired registration or
22 otherwise not properly registered under the applicable
23 provisions of chapter 320, a penalty of $75 shall apply in
24 addition to any other penalty which may apply in accordance
25 with this chapter. A vehicle found in violation of this
26 section may be detained until the owner or operator produces
27 evidence that the vehicle has been properly registered. Any
28 costs incurred by the retention of the vehicle shall be the
29 sole responsibility of the owner. A person who has been
30 assessed a penalty pursuant to this paragraph for failure to
31 have a valid vehicle registration certificate pursuant to the
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Florida Senate - 1998 SB 844
21-802-98
1 provisions of chapter 320 is not subject to the delinquent fee
2 authorized in s. 320.07 if such person obtains a valid
3 registration certificate within 10 working days after such
4 penalty was assessed.
5 Section 4. This act shall take effect July 1, 1998.
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8 SENATE SUMMARY
9 Provides that on limited access highways having six or
more lanes, certain commercial motor vehicles may drive
10 only in the two right through lanes, except as specified.
Adopts federal motor carrier safety regulations.
11 Prescribes the penalty for operating an overweight or
improperly registered commercial vehicle.
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