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       Florida Senate - 2010                                    SB 2198
       By Senator Baker
       20-01125-10                                           20102198__
    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
    5         on highways that are not in the Interstate Highway
    6         System; providing that specified tolerances do not
    7         apply to cranes; providing for determination of fines
    8         for violations of the total gross weight limits;
    9         amending s. 316.545, F.S.; revising conditions under
   10         which vehicles in violation of specified gross or
   11         external bridge weight limits must be unloaded;
   12         providing for a reduction in the gross weight of
   13         certain vehicles equipped with idle-reduction
   14         technologies when calculating a penalty for exceeding
   15         maximum weight limits; requiring the operator to
   16         provide certification of the weight of the idle
   17         reduction technology and to demonstrate or certify
   18         that the idle-reduction technology is fully functional
   19         at all times; providing an effective date.
   21  Be It Enacted by the Legislature of the State of Florida:
   23         Section 1. Subsection (5) of section 316.535, Florida
   24  Statutes, is amended to read:
   25         316.535 Maximum weights.—
   26         (5) With respect to those highways not in the Interstate
   27  Highway System, in all cases in which it exceeds state law in
   28  effect on January 4, 1975, the overall gross weight on the
   29  vehicle or combination of vehicles, including all enforcement
   30  tolerances, shall be as determined by the following formula:
   32                  W = 500((LN ÷ (N–1)) + 12N + 36)                 
   34  where W = overall gross weight of the vehicle to the nearest 500
   35  pounds; L = distance in feet between the extreme of the external
   36  axles; and N = number of axles on the vehicle. However, such
   37  overall gross weight of any vehicle or combination of vehicles
   38  may not exceed 80,000 pounds including all enforcement
   39  tolerances. The scale tolerance provided in s. 316.545(2) shall
   40  be applicable to all weight limitations of this subsection,
   41  except when a vehicle exceeds the posted weight limit on a road
   42  or bridge. The scale tolerance provided in s. 316.545(2) shall
   43  not apply to cranes. Fines for violations of the total gross
   44  weight limitations provided for in this subsection shall be
   45  based on the amount by which the actual weight of the vehicle
   46  and load exceeds the allowable maximum weight determined under
   47  this subsection plus the scale tolerance provided in s.
   48  316.545(2).
   49         Section 2. Subsections (2) and (3) of section 316.545,
   50  Florida Statutes, are amended to read:
   51         316.545 Weight and load unlawful; special fuel and motor
   52  fuel tax enforcement; inspection; penalty; review.—
   53         (2)(a) Whenever an officer, upon weighing a vehicle or
   54  combination of vehicles with load, determines that the axle
   55  weight or gross weight is unlawful, the officer may require the
   56  driver to stop the vehicle in a suitable place and remain
   57  standing until a determination can be made as to the amount of
   58  weight thereon and, if overloaded, the amount of penalty to be
   59  assessed as provided herein. However, any gross weight over and
   60  beyond 6,000 pounds beyond the maximum herein set shall be
   61  unloaded and all material so unloaded shall be cared for by the
   62  owner or operator of the vehicle at the risk of such owner or
   63  operator. Except as otherwise provided in this chapter, to
   64  facilitate compliance with and enforcement of the weight limits
   65  established in s. 316.535, weight tables published pursuant to
   66  s. 316.535(7) shall include a 10-percent scale tolerance and
   67  shall thereby reflect the maximum scaled weights allowed any
   68  vehicle or combination of vehicles. As used in this section,
   69  scale tolerance means the allowable deviation from legal weights
   70  established in s. 316.535. Notwithstanding any other provision
   71  of the weight law, if a vehicle or combination of vehicles does
   72  not exceed the gross, external bridge, or internal bridge weight
   73  limits imposed in s. 316.535 and the driver of such vehicle or
   74  combination of vehicles can comply with the requirements of this
   75  chapter by shifting or equalizing the load on all wheels or
   76  axles and does so when requested by the proper authority, the
   77  driver shall not be held to be operating in violation of said
   78  weight limits. Any vehicle or combination of vehicles which
   79  exceeds the gross or external bridge weight limits imposed in s.
   80  316.535(3), (4), or (6) over and beyond 6,000 pounds shall be
   81  unloaded and all material so unloaded shall be cared for by the
   82  owner or operator of the vehicle at the risk of such owner or
   83  operator. Any vehicle or combination of vehicles which exceeds
   84  the gross or external bridge weight limits imposed in s.
   85  316.535(5) shall be unloaded and all material so unloaded shall
   86  be cared for by the owner or operator of the vehicle at the risk
   87  of such owner or operator.
   88         (b) The officer shall inspect the license plate or
   89  registration certificate of the commercial vehicle, as defined
   90  in s. 316.003(66), to determine if its gross weight is in
   91  compliance with the declared gross vehicle weight. If its gross
   92  weight exceeds the declared weight, the penalty shall be 5 cents
   93  per pound on the difference between such weights. In those cases
   94  when the commercial vehicle, as defined in s. 316.003(66), is
   95  being operated over the highways of the state with an expired
   96  registration or with no registration from this or any other
   97  jurisdiction or is not registered under the applicable
   98  provisions of chapter 320, the penalty herein shall apply on the
   99  basis of 5 cents per pound on that scaled weight which exceeds
  100  35,000 pounds on laden truck tractor-semitrailer combinations or
  101  tandem trailer truck combinations, 10,000 pounds on laden
  102  straight trucks or straight truck-trailer combinations, or
  103  10,000 pounds on any unladen commercial motor vehicle. If the
  104  license plate or registration has not been expired for more than
  105  90 days, the penalty imposed under this paragraph may not exceed
  106  $1,000. In the case of special mobile equipment as defined in s.
  107  316.003(48), which qualifies for the license tax provided for in
  108  s. 320.08(5)(b), being operated on the highways of the state
  109  with an expired registration or otherwise not properly
  110  registered under the applicable provisions of chapter 320, a
  111  penalty of $75 shall apply in addition to any other penalty
  112  which may apply in accordance with this chapter. A vehicle found
  113  in violation of this section may be detained until the owner or
  114  operator produces evidence that the vehicle has been properly
  115  registered. Any costs incurred by the retention of the vehicle
  116  shall be the sole responsibility of the owner. A person who has
  117  been assessed a penalty pursuant to this paragraph for failure
  118  to have a valid vehicle registration certificate pursuant to the
  119  provisions of chapter 320 is not subject to the delinquent fee
  120  authorized in s. 320.07 if such person obtains a valid
  121  registration certificate within 10 working days after such
  122  penalty was assessed.
  123         (c) Weight limits established and posted for a road or
  124  bridge pursuant to s. 316.555 and weight limits specified in
  125  special permits issued pursuant to s. 316.550 shall be deemed to
  126  include all allowable tolerances. In those cases when a vehicle
  127  or combination of vehicles exceeds the weight limits established
  128  and posted for a road or bridge pursuant to s. 316.555, or
  129  exceeds the weight limits permitted in a special permit issued
  130  pursuant to s. 316.550, the penalty shall be 5 cents per pound
  131  on the difference between the scale weight of the vehicle and
  132  the weight limits for such posted road or bridge or permitted in
  133  such special permit. However, if a special permit is declared
  134  invalid in accordance with rules promulgated pursuant to s.
  135  316.550, the penalties imposed in subsection (3) shall apply to
  136  those weights which exceed the limits established in s. 316.535.
  137         (3) Any person who violates the overloading provisions of
  138  this chapter shall be conclusively presumed to have damaged the
  139  highways of this state by reason of such overloading, which
  140  damage is hereby fixed as follows:
  141         (a) When the excess weight is 200 pounds or less than the
  142  maximum herein provided, the penalty shall be $10;
  143         (b) Five cents per pound for each pound of weight in excess
  144  of the maximum herein provided when the excess weight exceeds
  145  200 pounds. However, whenever the gross weight of the vehicle or
  146  combination of vehicles does not exceed the maximum allowable
  147  gross weight, the maximum fine for the first 600 pounds of
  148  unlawful axle weight shall be $10;
  149         (c) For a vehicle equipped with fully functional idle
  150  reduction technology, any penalty shall be calculated by
  151  reducing the actual gross vehicle weight or the internal bridge
  152  weight by the certified weight of the idle-reduction technology
  153  or by 400 pounds, whichever is less. The vehicle operator must
  154  present written certification of the weight of the idle
  155  reduction technology and must demonstrate or certify that the
  156  idle-reduction technology is fully functional at all times. This
  157  calculation is not allowed for vehicles described in s.
  158  316.535(6);
  159         (d)(c) An apportioned motor vehicle, as defined in s.
  160  320.01, operating on the highways of this state without being
  161  properly licensed and registered shall be subject to the
  162  penalties as herein provided; and
  163         (e)(d) Vehicles operating on the highways of this state
  164  from nonmember International Registration Plan jurisdictions
  165  which are not in compliance with the provisions of s. 316.605
  166  shall be subject to the penalties as herein provided.
  167         Section 3. This act shall take effect July 1, 2010.

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