HB 0503 2003
1	A bill to be entitled
2	An act relating to motor vehicles; amending s. 316.545,
3	F.S., relating to vehicle weight and load limits; revising
4	enforcement and penalty provisions; providing an effective
5	date.
6
7	Be It Enacted by the Legislature of the State of Florida:
8
9	Section 1. Subsections (2) and (3) of section 316.545,
10	Florida Statutes, are amended to read:
11	316.545 Weight and load unlawful; special fuel and motor
12	fuel tax enforcement; inspection; penalty; review.--
13	(2)(a) Whenever an officer, upon weighing a vehicle or
14	combination of vehicles with load, determines that the axle
15	weight or gross weight is unlawful, the officer may require the
16	driver to stop the vehicle in a suitable place and remain
17	standing until a determination can be made as to the amount of
18	weight thereon and, if overloaded, the amount of penalty to be
19	assessed as provided herein. However, any axle, internal bridge,
20	external bridge, orgross weight over and beyond 6,000 pounds
21	beyond the maximum herein set shall be shifted, equalized, or
22	unloaded and all material so unloaded shall be cared for by the
23	owner or operator of the vehicle at the risk of such owner or
24	operator. Except as otherwise provided in this chapter, to
25	facilitate compliance with and enforcement of the weight limits
26	established in s. 316.535, weight tables published pursuant to
27	s. 316.535(7) shall include a 10-percent scale tolerance and
28	shall thereby reflect the maximum scaled weights allowed any
29	vehicle or combination of vehicles. As used in this section,
30	scale tolerance means the allowable deviation from legal weights
31	established in s. 316.535. Notwithstanding any other provision
32	of the weight law, if a vehicle or combination of vehicles does
33	not exceed the gross, external bridge, or internal bridge weight
34	limits imposed in s. 316.535 and the driver of such vehicle or
35	combination of vehicles can comply with the requirements of this
36	chapter by shifting or equalizing the load on all wheels or
37	axles and does so when requested by the proper authority, the
38	driver shall not be held to be operating in violation of said
39	weight limits.
40	(b) The officer shall inspect the license plate or
41	registration certificate of the commercial vehicle, as defined
42	in s. 316.003(66), to determine if its gross weight is in
43	compliance with the declared gross vehicle weight. If its gross
44	weight exceeds the declared weight, the penalty shall be 5 cents
45	per pound on the difference between the license fee for the
46	gross vehicle weight range in s. 320.08(4)(a)-(l) for heavy
47	trucks and truck tractors, or s. 320.08(5)(e) for wreckers, and
48	the license fee for the gross vehicle weight range that the
49	commercial vehicle is determined to be operating in by its gross
50	weightsuch weights. In those cases when the commercial vehicle,
51	as defined in s. 316.003(66), is being operated over the
52	highways of the state with a license or registration that has
53	not been expired for more than 90 days, the penalty shall be the
54	license fee for the gross vehicle weight range in s.
55	320.08(4)(a)-(l) for heavy trucks and truck tractors, and s.
56	320.08(5)(e) for wreckers, as determined by its actual gross
57	weightwith an expired registration or with no registration from
58	this or any other jurisdiction or is not registered under the
59	applicable provisions of chapter 320, the penalty herein shall
60	apply on the basis of 5 cents per pound on that scaled weight
61	which exceeds 35,000 pounds on laden truck tractor-semitrailer
62	combinations or tandem trailer truck combinations, 10,000 pounds
63	on laden straight trucks or straight truck-trailer combinations,
64	or 10,000 pounds on any unladen commercial motor vehicle. If the
65	license plate or registration has notbeen expired for more than
66	90 days, or the vehicle has never been registered in this or any
67	other jurisdiction, the penalty imposed under this paragraph
68	shall be twice the amount as that applied to a vehicle with a
69	current license or registration under this paragraphmay not
70	exceed $1,000. In the case of a commercial vehicle operating
71	under special restrictionsmobile equipment as defined in s.
72	316.003(48), which qualifies for the reduced license taxestax
73	provided for in s. 320.08(4)(m) and (n) and (5)(b) and (d),
74	being operated on the highways of the state with an expired
75	registration or otherwise not properly registered under the
76	applicable provisions of chapter 320, a penalty of twice the
77	amount of the reduced license fee$75shall apply in addition to
78	any other penalty which may apply in accordance with this
79	chapter. A vehicle found in violation of this section may be
80	detained until the owner or operator produces evidence that the
81	vehicle has been properly registered. Any costs incurred by the
82	retention of the vehicle shall be the sole responsibility of the
83	owner. A person who has been assessed a penalty pursuant to this
84	paragraph for failure to have a valid vehicle registration
85	certificate pursuant to the provisions of chapter 320 is not
86	subject to the delinquent fee authorized in s. 320.07 if such
87	person obtains a valid registration certificate within 10
88	working days after such penalty was assessed.
89	(c) An apportioned motor vehicle, as defined in s. 320.01,
90	operating on the highways of this state without being properly
91	licensed and registered shall be subject to the penalties
92	provided in paragraph (b).
93	(d) Vehicles operating on the highways of this state from
94	nonmember International Registration Plan jurisdictions which
95	are not in compliance with the provisions of s. 316.605 shall be
96	subject to the penalties provided in paragraph (b).
97	(e)(c)Weight limits established and posted for a road or
98	bridge pursuant to s. 316.555 and weight limits specified in
99	special permits issued pursuant to s. 316.550 shall be deemed to
100	include all allowable tolerances. In those cases when a vehicle
101	or combination of vehicles exceeds the weight limits established
102	and posted for a road or bridge pursuant to s. 316.555, or
103	exceeds the weight limits permitted in a special permit issued
104	pursuant to s. 316.550, the penalty shall be assessed as
105	provided for in subsection (3)5 cents per poundon the
106	difference between the scale weight of the vehicle and the
107	weight limits for such posted road or bridge or permitted in
108	such special permit. However, if a special permit is declared
109	invalid in accordance with rules promulgated pursuant to s.
110	316.550, the penalties imposed in subsection (3), not to exceed
111	$3,000,shall apply to those weights which exceed the limits
112	established in s. 316.535.
113	(3) Any person who violates the overloading provisions of
114	this chapter shall be conclusively presumed to have damaged the
115	highways of this state by reason of such overloading, which
116	damage is hereby fixed as follows:
117	(a) When the excess weight is 500200pounds or less than
118	the maximum herein provided, the penalty shall be $15.$10;
119	(b) When the excess weight is more than 500 pounds over
120	the maximum provided in this chapter, the penalty shall be $15
121	plus 5 cents per pound for the excess weight that is more than
122	500 pounds over the maximum provided in this chapter. When the
123	excess weight is more than 6,000 pounds over the maximum
124	provided in this chapter, the penalty shall be $15 plus 7.5
125	cents per pound for the excess weight that is more than 500
126	pounds over the maximum. When the excess weight is more than
127	10,000 pounds over the maximum provided in this chapter, the
128	penalty shall be $15 plus 10 cents per pound for the excess
129	weight that is more than 500 pounds over the maximum.Five cents
130	per pound for each pound of weight in excess of the maximum
131	herein provided when the excess weight exceeds 200 pounds.
132	However, whenever the gross weight of the vehicle or combination
133	of vehicles does not exceed the maximum allowable gross weight,
134	the maximum fine for the first 600 pounds of unlawful axle
135	weight shall be $10;
136	(c) An apportioned motor vehicle, as defined in s. 320.01,
137	operating on the highways of this state without being properly
138	licensed and registered shall be subject to the penalties as
139	herein provided; and
140	(d) Vehicles operating on the highways of this state from
141	nonmember International Registration Plan jurisdictions which
142	are not in compliance with the provisions of s. 316.605 shall be
143	subject to the penalties as herein provided.
144	Section 2. This act shall take effect July 1, 2003.