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:

13  

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
    32-1150A-05




 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
    32-1150A-05




 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:

 5  

 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

13  

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

20  

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:

31  

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    Florida Senate - 2005                                  SB 1882
    32-1150A-05




 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.

19  

20            *****************************************

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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