| 1 | A bill to be entitled |
| 2 | An act relating to motor vehicle load weight limits; |
| 3 | amending s. 316.535, F.S.; requiring specified scale |
| 4 | tolerances to be applied to weight limits for vehicles on |
| 5 | highways that are not in the Interstate Highway System; |
| 6 | providing that specified tolerances do not apply to |
| 7 | cranes; providing for determination of fines for |
| 8 | violations of the total gross weight limits; amending s. |
| 9 | 316.545, F.S.; revising conditions under which vehicles in |
| 10 | violation of specified gross or external bridge weight |
| 11 | limits must be unloaded; providing for a reduction in the |
| 12 | gross weight of certain vehicles equipped with idle- |
| 13 | reduction technologies when calculating a penalty for |
| 14 | exceeding maximum weight limits; requiring the operator to |
| 15 | provide certification of the weight of the idle-reduction |
| 16 | technology and to demonstrate or certify that the idle- |
| 17 | reduction technology is fully functional at all times; |
| 18 | providing an effective date. |
| 19 |
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| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
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| 22 | Section 1. Subsection (5) of section 316.535, Florida |
| 23 | Statutes, is amended to read: |
| 24 | 316.535 Maximum weights.-- |
| 25 | (5) With respect to those highways not in the Interstate |
| 26 | Highway System, in all cases in which it exceeds state law in |
| 27 | effect on January 4, 1975, the overall gross weight on the |
| 28 | vehicle or combination of vehicles, including all enforcement |
| 29 | tolerances, shall be as determined by the following formula: |
| 30 |
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| 31 | W = 500((LN ÷ (N-1)) + 12N + 36) |
| 32 |
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| 33 | where W = overall gross weight of the vehicle to the nearest 500 |
| 34 | pounds; L = distance in feet between the extreme of the external |
| 35 | axles; and N = number of axles on the vehicle. However, such |
| 36 | overall gross weight of any vehicle or combination of vehicles |
| 37 | may not exceed 80,000 pounds including all enforcement |
| 38 | tolerances. The scale tolerance provided in s. 316.545(2) shall |
| 39 | be applicable to all weight limitations of this subsection, |
| 40 | except when a vehicle exceeds the posted weight limit on a road |
| 41 | or bridge. The scale tolerance provided in s. 316.545(2) shall |
| 42 | not apply to cranes. Fines for violations of the total gross |
| 43 | weight limitations provided for in this subsection shall be |
| 44 | based on the amount by which the actual weight of the vehicle |
| 45 | and load exceeds the allowable maximum weight determined under |
| 46 | this subsection plus the scale tolerance provided in s. |
| 47 | 316.545(2). |
| 48 | Section 2. Subsections (2) and (3) of section 316.545, |
| 49 | Florida Statutes, are amended to read: |
| 50 | 316.545 Weight and load unlawful; special fuel and motor |
| 51 | fuel tax enforcement; inspection; penalty; review.-- |
| 52 | (2)(a) Whenever an officer, upon weighing a vehicle or |
| 53 | combination of vehicles with load, determines that the axle |
| 54 | weight or gross weight is unlawful, the officer may require the |
| 55 | driver to stop the vehicle in a suitable place and remain |
| 56 | standing until a determination can be made as to the amount of |
| 57 | weight thereon and, if overloaded, the amount of penalty to be |
| 58 | assessed as provided herein. However, any gross weight over and |
| 59 | beyond 6,000 pounds beyond the maximum herein set shall be |
| 60 | unloaded and all material so unloaded shall be cared for by the |
| 61 | owner or operator of the vehicle at the risk of such owner or |
| 62 | operator. Except as otherwise provided in this chapter, to |
| 63 | facilitate compliance with and enforcement of the weight limits |
| 64 | established in s. 316.535, weight tables published pursuant to |
| 65 | s. 316.535(7) shall include a 10-percent scale tolerance and |
| 66 | shall thereby reflect the maximum scaled weights allowed any |
| 67 | vehicle or combination of vehicles. As used in this section, |
| 68 | scale tolerance means the allowable deviation from legal weights |
| 69 | established in s. 316.535. Notwithstanding any other provision |
| 70 | of the weight law, if a vehicle or combination of vehicles does |
| 71 | not exceed the gross, external bridge, or internal bridge weight |
| 72 | limits imposed in s. 316.535 and the driver of such vehicle or |
| 73 | combination of vehicles can comply with the requirements of this |
| 74 | chapter by shifting or equalizing the load on all wheels or |
| 75 | axles and does so when requested by the proper authority, the |
| 76 | driver shall not be held to be operating in violation of said |
| 77 | weight limits. Any vehicle or combination of vehicles which |
| 78 | exceeds the gross or external bridge weight limits imposed in s. |
| 79 | 316.535(3), (4), or (6) over and beyond 6,000 pounds shall be |
| 80 | unloaded and all material so unloaded shall be cared for by the |
| 81 | owner or operator of the vehicle at the risk of such owner or |
| 82 | operator. Any vehicle or combination of vehicles which exceeds |
| 83 | the gross or external bridge weight limits imposed in s. |
| 84 | 316.535(5) shall be unloaded and all material so unloaded shall |
| 85 | be cared for by the owner or operator of the vehicle at the risk |
| 86 | of such owner or operator. |
| 87 | (b) The officer shall inspect the license plate or |
| 88 | registration certificate of the commercial vehicle, as defined |
| 89 | in s. 316.003(66), to determine if its gross weight is in |
| 90 | compliance with the declared gross vehicle weight. If its gross |
| 91 | weight exceeds the declared weight, the penalty shall be 5 cents |
| 92 | per pound on the difference between such weights. In those cases |
| 93 | when the commercial vehicle, as defined in s. 316.003(66), is |
| 94 | being operated over the highways of the state with an expired |
| 95 | registration or with no registration from this or any other |
| 96 | jurisdiction or is not registered under the applicable |
| 97 | provisions of chapter 320, the penalty herein shall apply on the |
| 98 | basis of 5 cents per pound on that scaled weight which exceeds |
| 99 | 35,000 pounds on laden truck tractor-semitrailer combinations or |
| 100 | tandem trailer truck combinations, 10,000 pounds on laden |
| 101 | straight trucks or straight truck-trailer combinations, or |
| 102 | 10,000 pounds on any unladen commercial motor vehicle. If the |
| 103 | license plate or registration has not been expired for more than |
| 104 | 90 days, the penalty imposed under this paragraph may not exceed |
| 105 | $1,000. In the case of special mobile equipment as defined in s. |
| 106 | 316.003(48), which qualifies for the license tax provided for in |
| 107 | s. 320.08(5)(b), being operated on the highways of the state |
| 108 | with an expired registration or otherwise not properly |
| 109 | registered under the applicable provisions of chapter 320, a |
| 110 | penalty of $75 shall apply in addition to any other penalty |
| 111 | which may apply in accordance with this chapter. A vehicle found |
| 112 | in violation of this section may be detained until the owner or |
| 113 | operator produces evidence that the vehicle has been properly |
| 114 | registered. Any costs incurred by the retention of the vehicle |
| 115 | shall be the sole responsibility of the owner. A person who has |
| 116 | been assessed a penalty pursuant to this paragraph for failure |
| 117 | to have a valid vehicle registration certificate pursuant to the |
| 118 | provisions of chapter 320 is not subject to the delinquent fee |
| 119 | authorized in s. 320.07 if such person obtains a valid |
| 120 | registration certificate within 10 working days after such |
| 121 | penalty was assessed. |
| 122 | (c) Weight limits established and posted for a road or |
| 123 | bridge pursuant to s. 316.555 and weight limits specified in |
| 124 | special permits issued pursuant to s. 316.550 shall be deemed to |
| 125 | include all allowable tolerances. In those cases when a vehicle |
| 126 | or combination of vehicles exceeds the weight limits established |
| 127 | and posted for a road or bridge pursuant to s. 316.555, or |
| 128 | exceeds the weight limits permitted in a special permit issued |
| 129 | pursuant to s. 316.550, the penalty shall be 5 cents per pound |
| 130 | on the difference between the scale weight of the vehicle and |
| 131 | the weight limits for such posted road or bridge or permitted in |
| 132 | such special permit. However, if a special permit is declared |
| 133 | invalid in accordance with rules promulgated pursuant to s. |
| 134 | 316.550, the penalties imposed in subsection (3) shall apply to |
| 135 | those weights which exceed the limits established in s. 316.535. |
| 136 | (3) Any person who violates the overloading provisions of |
| 137 | this chapter shall be conclusively presumed to have damaged the |
| 138 | highways of this state by reason of such overloading, which |
| 139 | damage is hereby fixed as follows: |
| 140 | (a) When the excess weight is 200 pounds or less than the |
| 141 | maximum herein provided, the penalty shall be $10; |
| 142 | (b) Five cents per pound for each pound of weight in |
| 143 | excess of the maximum herein provided when the excess weight |
| 144 | exceeds 200 pounds. However, whenever the gross weight of the |
| 145 | vehicle or combination of vehicles does not exceed the maximum |
| 146 | allowable gross weight, the maximum fine for the first 600 |
| 147 | pounds of unlawful axle weight shall be $10; |
| 148 | (c) For a vehicle equipped with fully functional idle- |
| 149 | reduction technology, any penalty shall be calculated by |
| 150 | reducing the actual gross vehicle weight or the internal bridge |
| 151 | weight by the certified weight of the idle-reduction technology |
| 152 | or by 400 pounds, whichever is less. The vehicle operator must |
| 153 | present written certification of the weight of the idle- |
| 154 | reduction technology and must demonstrate or certify that the |
| 155 | idle-reduction technology is fully functional at all times. This |
| 156 | calculation is not allowed for vehicles described in s. |
| 157 | 316.535(6); |
| 158 | (d)(c) An apportioned motor vehicle, as defined in s. |
| 159 | 320.01, operating on the highways of this state without being |
| 160 | properly licensed and registered shall be subject to the |
| 161 | penalties as herein provided; and |
| 162 | (e)(d) Vehicles operating on the highways of this state |
| 163 | from nonmember International Registration Plan jurisdictions |
| 164 | which are not in compliance with the provisions of s. 316.605 |
| 165 | shall be subject to the penalties as herein provided. |
| 166 | Section 3. This act shall take effect July 1, 2010. |