| 1 | A bill to be entitled |
| 2 | An act relating to commercial motor vehicles; amending s. |
| 3 | 316.545, F.S.; increasing the penalties that are imposed |
| 4 | for operating a commercial vehicle that is overloaded; |
| 5 | amending s. 316.302, F.S.; reducing the number of hours |
| 6 | that a driver may operate a commercial motor vehicle in |
| 7 | intrastate commerce which is not transporting certain |
| 8 | amounts of hazardous materials; increasing the penalty for |
| 9 | falsification of time records; providing an effective |
| 10 | date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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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 motor |
| 17 | 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 the |
| 21 | 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 and |
| 25 | beyond 6,000 pounds beyond the maximum herein set shall be |
| 26 | unloaded and all material so unloaded shall be cared for by the |
| 27 | owner or operator of the vehicle at the risk of such owner or |
| 28 | operator. Except as otherwise provided in this chapter, to |
| 29 | facilitate compliance with and enforcement of the weight limits |
| 30 | established in s. 316.535, weight tables published pursuant to |
| 31 | s. 316.535(7) shall include a 10-percent scale tolerance and |
| 32 | shall thereby reflect the maximum scaled weights allowed any |
| 33 | vehicle or combination of vehicles. As used in this section, |
| 34 | scale tolerance means the allowable deviation from legal weights |
| 35 | established in s. 316.535. Notwithstanding any other provision |
| 36 | of the weight law, if a vehicle or combination of vehicles does |
| 37 | not exceed the gross, external bridge, or internal bridge weight |
| 38 | limits imposed in s. 316.535 and the driver of such vehicle or |
| 39 | combination of vehicles can comply with the requirements of this |
| 40 | chapter by shifting or equalizing the load on all wheels or |
| 41 | axles and does so when requested by the proper authority, the |
| 42 | driver shall not be held to be operating in violation of said |
| 43 | weight limits. |
| 44 | (b) The officer shall inspect the license plate or |
| 45 | registration certificate of the commercial vehicle, as defined |
| 46 | in s. 316.003(66), to determine if its gross weight is in |
| 47 | compliance with the declared gross vehicle weight. If its gross |
| 48 | weight exceeds the declared weight, the penalty shall be 40 5 |
| 49 | cents per pound on the difference between such weights, and the |
| 50 | penalty shall increase by an additional 40 cents per pound for |
| 51 | each subsequent violation within 12 months. In those cases when |
| 52 | the commercial vehicle, as defined in s. 316.003(66), is being |
| 53 | operated over the highways of the state with an expired |
| 54 | registration or with no registration from this or any other |
| 55 | jurisdiction or is not registered under the applicable |
| 56 | provisions of chapter 320, the penalty herein shall apply on the |
| 57 | basis of 40 5 cents per pound on that scaled weight which |
| 58 | exceeds 35,000 pounds on laden truck tractor-semitrailer |
| 59 | combinations or tandem trailer truck combinations, 10,000 pounds |
| 60 | on laden straight trucks or straight truck-trailer combinations, |
| 61 | or 10,000 pounds on any unladen commercial motor vehicle, and |
| 62 | the penalty shall increase by an additional 40 cents per pound |
| 63 | for each subsequent violation within 12 months. If the license |
| 64 | plate or registration has not been expired for more than 90 |
| 65 | days, the penalty imposed under this paragraph may not exceed |
| 66 | $1,000. In the case of special mobile equipment as defined in s. |
| 67 | 316.003(48), which qualifies for the license tax provided for in |
| 68 | s. 320.08(5)(b), being operated on the highways of the state |
| 69 | with an expired registration or otherwise not properly |
| 70 | registered under the applicable provisions of chapter 320, a |
| 71 | penalty of $75 shall apply in addition to any other penalty |
| 72 | which may apply in accordance with this chapter. A vehicle found |
| 73 | in violation of this section may be detained until the owner or |
| 74 | operator produces evidence that the vehicle has been properly |
| 75 | registered. Any costs incurred by the retention of the vehicle |
| 76 | shall be the sole responsibility of the owner. A person who has |
| 77 | been assessed a penalty pursuant to this paragraph for failure |
| 78 | to have a valid vehicle registration certificate pursuant to the |
| 79 | provisions of chapter 320 is not subject to the delinquent fee |
| 80 | authorized in s. 320.07 if such person obtains a valid |
| 81 | registration certificate within 10 working days after such |
| 82 | penalty was assessed. |
| 83 | (c) Weight limits established and posted for a road or |
| 84 | bridge pursuant to s. 316.555 and weight limits specified in |
| 85 | special permits issued pursuant to s. 316.550 shall be deemed to |
| 86 | include all allowable tolerances. In those cases when a vehicle |
| 87 | or combination of vehicles exceeds the weight limits established |
| 88 | and posted for a road or bridge pursuant to s. 316.555, or |
| 89 | exceeds the weight limits permitted in a special permit issued |
| 90 | pursuant to s. 316.550, the penalty shall be 40 5 cents per |
| 91 | pound on the difference between the scale weight of the vehicle |
| 92 | and the weight limits for such posted road or bridge or |
| 93 | permitted in such special permit, and the penalty shall increase |
| 94 | by an additional 40 cents per pound for each subsequent |
| 95 | violation within 12 months. However, if a special permit is |
| 96 | declared invalid in accordance with rules promulgated pursuant |
| 97 | to s. 316.550, the penalties imposed in subsection (3) shall |
| 98 | apply to those weights which exceed the limits established in s. |
| 99 | 316.535. |
| 100 | (3) Any person who violates the overloading provisions of |
| 101 | this chapter shall be conclusively presumed to have damaged the |
| 102 | highways of this state by reason of such overloading, which |
| 103 | damage is hereby fixed as follows: |
| 104 | (a) When the excess weight is 200 pounds or less than the |
| 105 | maximum herein provided, the penalty shall be $10; |
| 106 | (b) Forty Five cents per pound for each pound of weight in |
| 107 | excess of the maximum herein provided when the excess weight |
| 108 | exceeds 200 pounds, and the penalty shall increase by an |
| 109 | additional 40 cents per pound for each subsequent violation |
| 110 | within 12 months. However, whenever the gross weight of the |
| 111 | vehicle or combination of vehicles does not exceed the maximum |
| 112 | allowable gross weight, the maximum fine for the first 600 |
| 113 | pounds of unlawful axle weight shall be $10; |
| 114 | (c) An apportioned motor vehicle, as defined in s. 320.01, |
| 115 | operating on the highways of this state without being properly |
| 116 | licensed and registered shall be subject to the penalties as |
| 117 | herein provided; and |
| 118 | (d) Vehicles operating on the highways of this state from |
| 119 | nonmember International Registration Plan jurisdictions which |
| 120 | are not in compliance with the provisions of s. 316.605 shall be |
| 121 | subject to the penalties as herein provided. |
| 122 | Section 2. Paragraphs (b) and (c) of subsection (2) of |
| 123 | section 316.302, Florida Statutes, are amended to read: |
| 124 | 316.302 Commercial motor vehicles; safety regulations; |
| 125 | transporters and shippers of hazardous materials; enforcement.-- |
| 126 | (2) |
| 127 | (b) Except as provided in 49 C.F.R. s. 395.1, a person who |
| 128 | operates a commercial motor vehicle solely in intrastate |
| 129 | commerce not transporting any hazardous material in amounts that |
| 130 | require placarding pursuant to 49 C.F.R. part 172 may not drive: |
| 131 | 1. More than 11 12 hours following 10 consecutive hours |
| 132 | off duty; or |
| 133 | 2. For any period after the end of the 14th 16th hour |
| 134 | after coming on duty following 10 consecutive hours off duty. |
| 135 |
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| 136 | The provisions of this paragraph do not apply to drivers of |
| 137 | utility service vehicles as defined in 49 C.F.R. s. 395.2. |
| 138 | (c) Except as provided in 49 C.F.R. s. 395.1, a person who |
| 139 | operates a commercial motor vehicle solely in intrastate |
| 140 | commerce not transporting any hazardous material in amounts that |
| 141 | require placarding pursuant to 49 C.F.R. part 172 may not drive |
| 142 | after having been on duty more than 60 70 hours in any period of |
| 143 | 7 consecutive days or more than 70 80 hours in any period of 8 |
| 144 | consecutive days if the motor carrier operates every day of the |
| 145 | week. Thirty-four consecutive hours off duty shall constitute |
| 146 | the end of any such period of 7 or 8 consecutive days. This |
| 147 | weekly limit does not apply to a person who operates a |
| 148 | commercial motor vehicle solely within this state while |
| 149 | transporting, during harvest periods, any unprocessed |
| 150 | agricultural products or unprocessed food or fiber that is |
| 151 | subject to seasonal harvesting from place of harvest to the |
| 152 | first place of processing or storage or from place of harvest |
| 153 | directly to market or while transporting livestock, livestock |
| 154 | feed, or farm supplies directly related to growing or harvesting |
| 155 | agricultural products. Upon request of the Department of |
| 156 | Transportation, motor carriers shall furnish time records or |
| 157 | other written verification to that department so that the |
| 158 | Department of Transportation can determine compliance with this |
| 159 | subsection. These time records must be furnished to the |
| 160 | Department of Transportation within 2 days after receipt of that |
| 161 | department's request. Falsification of such information is |
| 162 | subject to a civil penalty not to exceed $750 $100. The |
| 163 | provisions of this paragraph do not apply to drivers of utility |
| 164 | service vehicles as defined in 49 C.F.R. s. 395.2. |
| 165 | Section 3. This act shall take effect July 1, 2009. |