Florida Senate - 2009                                    SB 1420
       
       
       
       By Senator Fasano
       
       
       
       
       11-00850B-09                                          20091420__
    1                        A bill to be entitled                      
    2         An act relating to commercial motor vehicles; amending
    3         s. 316.545, F.S.; increasing the penalties that are
    4         imposed for operating a commercial vehicle that is
    5         overloaded; amending s. 316.302, F.S.; reducing the
    6         number of hours that a driver may operate a commercial
    7         motor vehicle in intrastate commerce which is not
    8         transporting certain amounts of hazardous materials;
    9         increasing the penalty for falsification of time
   10         records; 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 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 off
  132  duty; or
  133         2. For any period after the end of the 14th 16th hour after
  134  coming on duty following 10 consecutive hours off duty.
  135  The provisions of this paragraph do not apply to drivers of
  136  utility service vehicles as defined in 49 C.F.R. s. 395.2.
  137         (c) Except as provided in 49 C.F.R. s. 395.1, a person who
  138  operates a commercial motor vehicle solely in intrastate
  139  commerce not transporting any hazardous material in amounts that
  140  require placarding pursuant to 49 C.F.R. part 172 may not drive
  141  after having been on duty more than 60 70 hours in any period of
  142  7 consecutive days or more than 70 80 hours in any period of 8
  143  consecutive days if the motor carrier operates every day of the
  144  week. Thirty-four consecutive hours off duty shall constitute
  145  the end of any such period of 7 or 8 consecutive days. This
  146  weekly limit does not apply to a person who operates a
  147  commercial motor vehicle solely within this state while
  148  transporting, during harvest periods, any unprocessed
  149  agricultural products or unprocessed food or fiber that is
  150  subject to seasonal harvesting from place of harvest to the
  151  first place of processing or storage or from place of harvest
  152  directly to market or while transporting livestock, livestock
  153  feed, or farm supplies directly related to growing or harvesting
  154  agricultural products. Upon request of the Department of
  155  Transportation, motor carriers shall furnish time records or
  156  other written verification to that department so that the
  157  Department of Transportation can determine compliance with this
  158  subsection. These time records must be furnished to the
  159  Department of Transportation within 2 days after receipt of that
  160  department's request. Falsification of such information is
  161  subject to a civil penalty not to exceed $750 $100. The
  162  provisions of this paragraph do not apply to drivers of utility
  163  service vehicles as defined in 49 C.F.R. s. 395.2.
  164         Section 3. This act shall take effect July 1, 2009.