Senate Bill sb1882
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Florida Senate - 2005 SB 1882
By Senator Campbell
32-1150A-05
1 A bill to be entitled
2 An act relating to motor vehicle weights;
3 amending s. 316.545, F.S.; revising the
4 penalties imposed for violating the declared
5 gross motor vehicle weight or for violating
6 weight limits on a road or bridge; deleting
7 limitations on the maximum fines that may be
8 imposed for an expired license plate or
9 registration or for operating a motor vehicle
10 of excess weight; providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
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14 Section 1. Subsections (2) and (3) of section 316.545,
15 Florida Statutes, are amended to read:
16 316.545 Weight and load unlawful; special fuel and
17 motor fuel tax enforcement; inspection; penalty; review.--
18 (2)(a) Whenever an officer, upon weighing a vehicle or
19 combination of vehicles with load, determines that the axle
20 weight or gross weight is unlawful, the officer may require
21 the driver to stop the vehicle in a suitable place and remain
22 standing until a determination can be made as to the amount of
23 weight thereon and, if overloaded, the amount of penalty to be
24 assessed as provided herein. However, any gross weight over
25 and beyond 6,000 pounds beyond the maximum herein set shall be
26 unloaded and all material so unloaded shall be cared for by
27 the owner or operator of the vehicle at the risk of such owner
28 or operator. Except as otherwise provided in this chapter, to
29 facilitate compliance with and enforcement of the weight
30 limits established in s. 316.535, weight tables published
31 pursuant to s. 316.535(7) shall include a 10-percent scale
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Florida Senate - 2005 SB 1882
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1 tolerance and shall thereby reflect the maximum scaled weights
2 allowed any vehicle or combination of vehicles. As used in
3 this section, scale tolerance means the allowable deviation
4 from legal weights established in s. 316.535. Notwithstanding
5 any other provision of the weight law, if a vehicle or
6 combination of vehicles does not exceed the gross, external
7 bridge, or internal bridge weight limits imposed in s. 316.535
8 and the driver of such vehicle or combination of vehicles can
9 comply with the requirements of this chapter by shifting or
10 equalizing the load on all wheels or axles and does so when
11 requested by the proper authority, the driver shall not be
12 held to be operating in violation of said weight limits.
13 (b) The officer shall inspect the license plate or
14 registration certificate of the commercial vehicle, as defined
15 in s. 316.003(66), to determine if its gross weight is in
16 compliance with the declared gross vehicle weight. If its
17 gross weight exceeds the declared weight, the penalty shall be
18 as provided in paragraph (d) 5 cents per pound on the
19 difference between such weights. In those cases when the
20 commercial vehicle, as defined in s. 316.003(66), is being
21 operated over the highways of the state with an expired
22 registration or with no registration from this or any other
23 jurisdiction or is not registered under the applicable
24 provisions of chapter 320, the penalty herein shall apply on
25 the basis of 5 cents per pound on that scaled weight which
26 exceeds 35,000 pounds on laden truck tractor-semitrailer
27 combinations or tandem trailer truck combinations, 10,000
28 pounds on laden straight trucks or straight truck-trailer
29 combinations, or 10,000 pounds on any unladen commercial motor
30 vehicle. If the license plate or registration has not been
31 expired for more than 90 days, the penalty imposed under this
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Florida Senate - 2005 SB 1882
32-1150A-05
1 paragraph may not exceed $1,000. In the case of special mobile
2 equipment as defined in s. 316.003(48), which qualifies for
3 the license tax provided for in s. 320.08(5)(b), being
4 operated on the highways of the state with an expired
5 registration or otherwise not properly registered under the
6 applicable provisions of chapter 320, a penalty of $75 shall
7 apply in addition to any other penalty which may apply in
8 accordance with this chapter. A vehicle found in violation of
9 this section may be detained until the owner or operator
10 produces evidence that the vehicle has been properly
11 registered. Any costs incurred by the retention of the vehicle
12 shall be the sole responsibility of the owner. A person who
13 has been assessed a penalty pursuant to this paragraph for
14 failure to have a valid vehicle registration certificate
15 pursuant to the provisions of chapter 320 is not subject to
16 the delinquent fee authorized in s. 320.07 if such person
17 obtains a valid registration certificate within 10 working
18 days after such penalty was assessed.
19 (c) Weight limits established and posted for a road or
20 bridge pursuant to s. 316.555 and weight limits specified in
21 special permits issued pursuant to s. 316.550 shall be deemed
22 to include all allowable tolerances. In those cases when a
23 vehicle or combination of vehicles exceeds the weight limits
24 established and posted for a road or bridge pursuant to s.
25 316.555, or exceeds the weight limits permitted in a special
26 permit issued pursuant to s. 316.550, the penalty shall be as
27 provided in paragraph (d) 5 cents per pound on the difference
28 between the scale weight of the vehicle and the weight limits
29 for such posted road or bridge or permitted in such special
30 permit. However, if a special permit is declared invalid in
31 accordance with rules promulgated pursuant to s. 316.550, the
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Florida Senate - 2005 SB 1882
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1 penalties imposed in subsection (3) shall apply to those
2 weights which exceed the limits established in s. 316.535.
3 (d) Penalties provided for in this section shall be as
4 follows:
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6 Graduated fine for first violation:
7 Up to 500 pounds................................$ 35 flat rate
8 501 to 1,000 pounds.............................$.07 per pound
9 1,001 to 2,000 pounds...........................$.10 per pound
10 2,001 to 5,000 pounds...........................$.16 per pound
11 5,001 to 10,000 pounds..........................$.31 per pound
12 Over 10,000 pounds..............................$.56 per pound
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14 Graduated fine for second violation within 1 year:
15 Up to 500 pounds................................$ 50 flat rate
16 501 to 1,000 pounds.............................$.10 per pound
17 1,001 to 2,000 pounds...........................$.16 per pound
18 2,001 to 5,000 pounds...........................$.31 per pound
19 Over 5,000 pounds...............................$.56 per pound
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21 Graduated fine for third violation within 1 year:
22 Up to 500 pounds................................$ 80 flat rate
23 501 to 1,000 pounds.............................$.16 per pound
24 1,001 to 2,000 pounds...........................$.31 per pound
25 Over 2,000 pounds...............................$.56 per pound
26 (3) Any person who violates the overloading provisions
27 of this chapter shall be conclusively presumed to have damaged
28 the highways of this state by reason of such overloading,
29 which damage is hereby fixed as provided in paragraph (2)(d).
30 follows:
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1 (a) When the excess weight is 200 pounds or less than
2 the maximum herein provided, the penalty shall be $10;
3 (b) Five cents per pound for each pound of weight in
4 excess of the maximum herein provided when the excess weight
5 exceeds 200 pounds. However, whenever the gross weight of the
6 vehicle or combination of vehicles does not exceed the maximum
7 allowable gross weight, the maximum fine for the first 600
8 pounds of unlawful axle weight shall be $10;
9 (a)(c) An apportioned motor vehicle, as defined in s.
10 320.01, operating on the highways of this state without being
11 properly licensed and registered shall be subject to the
12 penalties as herein provided; and
13 (b)(d) Vehicles operating on the highways of this
14 state from nonmember International Registration Plan
15 jurisdictions which are not in compliance with the provisions
16 of s. 316.605 shall be subject to the penalties as herein
17 provided.
18 Section 2. This act shall take effect July 1, 2005.
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21 SENATE SUMMARY
22 Revises the penalties imposed for violating the declared
gross weight of a motor vehicle or for violating weight
23 limits on a road or bridge. Deletes limitations on the
maximum fines that may be imposed for an expired license
24 plate or registration or for operating a motor vehicle of
excess weight. (See bill for details.)
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