Florida Senate - 2009                              CS for SB 210
       
       
       
       By the Committee on Transportation and Senators Baker and
       Oelrich
       
       
       
       596-02182-09                                           2009210c1
    1                        A bill to be entitled                      
    2         An act relating to commercial motor vehicles; amending
    3         s. 316.545, F.S.; increasing the maximum weight limits
    4         on certain vehicles to compensate for weight increases
    5         that result from the installation of idle-reduction
    6         technologies; providing an effective date.
    7  
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Subsection (3) of section 316.545, Florida
   11  Statutes, is amended to read:
   12         316.545 Weight and load unlawful; special fuel and motor
   13  fuel tax enforcement; inspection; penalty; review.—
   14         (3) Any person who violates the overloading provisions of
   15  this chapter shall be conclusively presumed to have damaged the
   16  highways of this state by reason of such overloading, which
   17  damage is hereby fixed as follows:
   18         (a) When the excess weight is 200 pounds or less than the
   19  maximum herein provided, the penalty shall be $10;
   20         (b) Five cents per pound for each pound of weight in excess
   21  of the maximum herein provided when the excess weight exceeds
   22  200 pounds. However, whenever the gross weight of the vehicle or
   23  combination of vehicles does not exceed the maximum allowable
   24  gross weight, the maximum fine for the first 600 pounds of
   25  unlawful axle weight shall be $10;
   26         (c) For a vehicle equipped with fully functional idle
   27  reduction technology, any penalty shall be calculated by
   28  reducing the actual gross vehicle weight or the internal bridge
   29  weight by the certified weight of the idle-reduction technology
   30  or by 400 pounds, whichever is less. The vehicle operator must
   31  present written certification of the weight of the idle
   32  reduction technology and must demonstrate or certify that the
   33  idle-reduction technology is fully functional at all times. This
   34  calculation is not allowed for vehicles described in s.
   35  316.535(6);
   36         (d)(c) An apportioned motor vehicle, as defined in s.
   37  320.01, operating on the highways of this state without being
   38  properly licensed and registered shall be subject to the
   39  penalties as herein provided; and
   40         (e)(d) Vehicles operating on the highways of this state
   41  from nonmember International Registration Plan jurisdictions
   42  which are not in compliance with the provisions of s. 316.605
   43  shall be subject to the penalties as herein provided.
   44         Section 2. This act shall take effect July 1, 2009.