Senate Bill sb1872c1

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    Florida Senate - 2002                           CS for SB 1872

    By the Committee on Transportation; and Senator Miller





    306-2237-02

  1                      A bill to be entitled

  2         An act relating to vehicle weight violations;

  3         amending s. 316.545, F.S.; providing penalty

  4         provisions for weight violations; providing an

  5         effective date.

  6

  7  Be It Enacted by the Legislature of the State of Florida:

  8

  9         Section 1.  Subsections (2) and (3) and paragraph (a)

10  of subsection (4) of section 316.545, Florida Statutes, are

11  amended to read:

12         316.545  Weight and load unlawful; special fuel and

13  motor fuel tax enforcement; inspection; penalty; review.--

14         (2)(a)  Whenever an officer, upon weighing a vehicle or

15  combination of vehicles with load, determines that the axle

16  weight or gross weight is unlawful, the officer may require

17  the driver to stop the vehicle in a suitable place and remain

18  standing until a determination can be made as to the amount of

19  weight thereon and, if overloaded, the amount of penalty to be

20  assessed as provided herein. However, any axle, internal

21  bridge, external bridge, or gross weight over and beyond 6,000

22  pounds beyond the maximum herein set shall be shifted,

23  equalized, or unloaded, and all material so unloaded shall be

24  cared for by the owner or operator of the vehicle at the risk

25  of such owner or operator. Except as otherwise provided in

26  this chapter, to facilitate compliance with and enforcement of

27  the weight limits established in s. 316.535, weight tables

28  published pursuant to s. 316.535(6) shall include a 10-percent

29  scale tolerance and shall thereby reflect the maximum scaled

30  weights allowed any vehicle or combination of vehicles.  As

31  used in this section, scale tolerance means the allowable

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    Florida Senate - 2002                           CS for SB 1872
    306-2237-02




  1  deviation from legal weights established in s. 316.535.

  2  Notwithstanding any other provision of the weight law, if a

  3  vehicle or combination of vehicles does not exceed the gross,

  4  external bridge, or internal bridge weight limits imposed in

  5  s. 316.535 and the driver of such vehicle or combination of

  6  vehicles can comply with the requirements of this chapter by

  7  shifting or equalizing the load on all wheels or axles and

  8  does so when requested by the proper authority, the driver

  9  shall not be held to be operating in violation of said weight

10  limits.

11         (b)  The officer shall inspect the license plate or

12  registration certificate of the commercial vehicle, as defined

13  in s. 316.003(66), to determine if its gross weight is in

14  compliance with the declared gross vehicle weight. If its

15  gross weight exceeds the declared weight, the penalty shall be

16  5 cents per pound on the difference between the license fee

17  for the gross vehicle weight range in s. 320.08(4)(a)-(1) for

18  heavy trucks and truck tractors, or s. 320.08(5)(e) for

19  wreckers, and the license fee for the gross vehicle weight

20  range that the commercial vehicle is determined to be

21  operating in by its gross weight such weights. In those cases

22  when the commercial vehicle, as defined in s. 316.003(66), is

23  being operated over the highways of the state with a license

24  or registration that has not been expired for more than 90

25  days, the penalty shall be the license fee for the gross

26  vehicle weight range in s. 320.08(4)(a)-(l) for heavy trucks

27  and truck tractors, and s. 320.08(5)(e) for wreckers as

28  determined by its actual gross weight. with an expired

29  registration or with no registration from this or any other

30  jurisdiction or is not registered under the applicable

31  provisions of chapter 320, the penalty herein shall apply on

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    Florida Senate - 2002                           CS for SB 1872
    306-2237-02




  1  the basis of 5 cents per pound on that scaled weight which

  2  exceeds 35,000 pounds on laden truck tractor-semitrailer

  3  combinations or tandem trailer truck combinations, 10,000

  4  pounds on laden straight trucks or straight truck-trailer

  5  combinations, or 10,000 pounds on any unladen commercial motor

  6  vehicle. If the license plate or registration has not been

  7  expired for more than 90 days, or the vehicle has never been

  8  registered in this or any other jurisdiction, the penalty

  9  imposed under this paragraph shall be twice the amount applied

10  to a vehicle with a current license or registration under this

11  paragraph may not exceed $1,000. In the case of a commercial

12  vehicle operating under special restrictions mobile equipment

13  as defined in s. 316.003(48), which qualifies for the reduced

14  license taxes tax provided for in s. 320.08(4)(m) and (n)and

15  5(b) and (d) s. 320.08(5)(b), being operated on the highways

16  of the state with an expired registration or otherwise not

17  properly registered under the applicable provisions of chapter

18  320, a penalty of twice the amount of the reduced license fee

19  $75 shall apply in addition to any other penalty which may

20  apply in accordance with this chapter. A vehicle found in

21  violation of this section may be detained until the owner or

22  operator produces evidence that the vehicle has been properly

23  registered. Any costs incurred by the retention of the vehicle

24  shall be the sole responsibility of the owner. A person who

25  has been assessed a penalty pursuant to this paragraph for

26  failure to have a valid vehicle registration certificate

27  pursuant to the provisions of chapter 320 is not subject to

28  the delinquent fee authorized in s. 320.07 if such person

29  obtains a valid registration certificate within 10 working

30  days after such penalty was assessed.

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    Florida Senate - 2002                           CS for SB 1872
    306-2237-02




  1         (c)  An apportioned motor vehicle, as defined in s.

  2  320.01, operating on the highways of this state without being

  3  properly licensed and registered shall be subject to the

  4  penalties provided in paragraph (b).

  5         (d)  Vehicles operating on the highways of this state

  6  from nonmember International Registration Plan jurisdictions

  7  which are not in compliance with the provisions of s. 316.605

  8  shall be subject to the penalties provided in paragraph (b).

  9         (e)(c)  Weight limits established and posted for a road

10  or bridge pursuant to s. 316.555 and weight limits specified

11  in special permits issued pursuant to s. 316.550 shall be

12  deemed to include all allowable tolerances. In those cases

13  when a vehicle or combination of vehicles exceeds the weight

14  limits established and posted for a road or bridge pursuant to

15  s. 316.555, or exceeds the weight limits permitted in a

16  special permit issued pursuant to s. 316.550, the penalty

17  shall be assessed as provided for in subsection (3) 5 cents

18  per pound on the difference between the scale weight of the

19  vehicle and the weight limits for such posted road or bridge

20  or permitted in such special permit. However, if a special

21  permit is declared invalid in accordance with rules

22  promulgated pursuant to s. 316.550, the penalties imposed in

23  subsection (3), not to exceed $3,000, shall apply to those

24  weights which exceed the limits established in s. 316.535.

25         (3)  Any person who violates the overloading provisions

26  of this chapter shall be conclusively presumed to have damaged

27  the highways of this state by reason of such overloading,

28  which damage is hereby fixed as follows:

29         (a)  When the excess weight is 500 200 pounds or less

30  than the maximum herein provided, the penalty shall be $15

31  $10;

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    Florida Senate - 2002                           CS for SB 1872
    306-2237-02




  1         (b)  When the excess weight is more than 500 pounds

  2  over the maximum provided in this chapter, $15 plus 5 cents

  3  per pound for the excess weight that is more than 500 pounds

  4  over the maximum provided in this chapter. When the excess

  5  weight is more than 6,000 pounds over the maximum provided in

  6  this chapter, $15 plus 7.5 cents per pound for the excess

  7  weight that is more than 500 pounds over the maximum. When the

  8  excess weight is more than 10,000 pounds over the maximum

  9  provided in this chapter, $15 plus 10 cents per pound for the

10  excess weight that is more than 500 pounds over the maximum

11         (b)  Five cents per pound for each pound of weight in

12  excess of the maximum herein provided when the excess weight

13  exceeds 200 pounds.  However, whenever the gross weight of the

14  vehicle or combination of vehicles does not exceed the maximum

15  allowable gross weight, the maximum fine for the first 600

16  pounds of unlawful axle weight shall be $10;

17         (c)  An apportioned motor vehicle, as defined in s.

18  320.01, operating on the highways of this state without being

19  properly licensed and registered shall be subject to the

20  penalties as herein provided; and

21         (d)  Vehicles operating on the highways of this state

22  from nonmember International Registration Plan jurisdictions

23  which are not in compliance with the provisions of s. 316.605

24  shall be subject to the penalties as herein provided.

25         (c)  For solid waste collection vehicles only, when the

26  excess weight is more than 500 pounds, but less than 10,000

27  pounds over the maximum provided in this chapter, $15 plus 5

28  cents per pound for the excess weight that is more than 500

29  pounds over the maximum provided in this chapter. When the

30  excess weight is more than 10,000 pounds over the maximum

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    Florida Senate - 2002                           CS for SB 1872
    306-2237-02




  1  provided in this chapter, $15 plus 10 cents per pound for the

  2  excess weight that is more than 500 pounds over the maximum.

  3         (4)(a)  No commercial vehicle, as defined in s.

  4  316.003(66), shall be operated over the highways of this state

  5  unless it has been properly registered under the provisions of

  6  s. 207.004. Whenever any law enforcement officer identified in

  7  s. 207.023(1), upon inspecting the vehicle or combination of

  8  vehicles, determines that the vehicle is in violation of s.

  9  207.004, a penalty in the amount of $50 shall be assessed, and

10  the vehicle may shall be detained until payment is collected

11  by the law enforcement officer.

12         Section 2.  This act shall take effect July 1, 2002.

13

14          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
15                         Senate Bill 1872

16

17  This committee substitute amends s. 316.545, F.S., to revise
    penalties for overweight, and improperly registered commercial
18  vehicles. The CS provides the fine for overweight vehicles is
    $15 for trucks up to 500 pounds overweight. For each pound
19  from 501 to 6,000, the fine is 5 cents plus $15; from 6,001 to
    10,000 pounds overweight, the fine is 7 1/2 cents per pound
20  plus $15; and for 10,000 pounds and over, the fine is 10 cents
    per pound plus $15.
21
    The CS provides separate weight penalties for solid waste
22  collection vehicles.

23  The CS further revises penalties for license and registration
    violations for interstate and intrastate commercial vehicles.
24  The CS provides the penalties for overweight vehicles apply to
    commercial vehicles with invalid special permits or vehicles
25  which violate the weight limitations of a special permit;
    however, such penalty may not exceed $3,000.  The CS provides
26  interstate commercial motor vehicles which are found by a law
    enforcement officer to violate interstate registration
27  requirements are not required to be detained. The CS further
    allows cargo within a commercial vehicle whose axle, internal
28  or external bridge or gross weight is over 6,000 pound above
    the legal weight to be shifted, equalized or unloaded by the
29  owner or operator of the vehicle.

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