Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 424
       
       
       
       
       
       
                                Barcode 896054                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/10/2009           .                                
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       The Committee on Transportation (Baker) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 8 - 9
    4  and insert:
    5         Section 1. Subsection (3) of section 316.545, Florida
    6  Statutes, is amended to read:
    7         316.545 Weight and load unlawful; special fuel and motor
    8  fuel tax enforcement; inspection; penalty; review.—
    9         (3) Any person who violates the overloading provisions of
   10  this chapter shall be conclusively presumed to have damaged the
   11  highways of this state by reason of such overloading, which
   12  damage is hereby fixed as follows:
   13         (a) When the excess weight is 200 pounds or less than the
   14  maximum herein provided, the penalty shall be $10;
   15         (b) Five cents per pound for each pound of weight in excess
   16  of the maximum herein provided when the excess weight exceeds
   17  200 pounds. However, whenever the gross weight of the vehicle or
   18  combination of vehicles does not exceed the maximum allowable
   19  gross weight, the maximum fine for the first 600 pounds of
   20  unlawful axle weight shall be $10;
   21         (c) For a vehicle equipped with fully functional idle
   22  reduction technology, any penalty shall be calculated by
   23  reducing the actual gross vehicle weight or the internal bridge
   24  weight by the certified weight of the idle-reduction technology
   25  or by 400 pounds, whichever is less. The vehicle operator must
   26  present written certification of the weight of the idle
   27  reduction technology and must demonstrate or certify that the
   28  idle-reduction technology is fully functional at all times. This
   29  calculation is not allowed for vehicles described in s.
   30  316.535(6);
   31         (d)(c) An apportioned motor vehicle, as defined in s.
   32  320.01, operating on the highways of this state without being
   33  properly licensed and registered shall be subject to the
   34  penalties as herein provided; and
   35         (e)(d) Vehicles operating on the highways of this state
   36  from nonmember International Registration Plan jurisdictions
   37  which are not in compliance with the provisions of s. 316.605
   38  shall be subject to the penalties as herein provided.
   39  
   40  ================= T I T L E  A M E N D M E N T ================
   41         And the title is amended as follows:
   42         Delete lines 2 - 4
   43  and insert:
   44         An act relating to commercial motor vehicles; amending
   45         s. 316.545, F.S.; increasing the maximum weight limits
   46         on certain vehicles to compensate for weight increases
   47         that result from the installation of idle-reduction
   48         technologies; providing an effective date.