Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 1001 (2017S1)

Sponsor

Sen. Ipson, D.

Final action

Governor Signed 9/22/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends provisions to allow the Department of Transportation discretion in imposing fines for overweight vehicles based on the circumstances.

Every vote on this bill

Bill text

PORT OF ENTRY AND AXLE WEIGHT AMENDMENTS
FIRST SPECIAL SESSION
STATE OF UTAH
Chief Sponsor: Don L. Ipson
House Sponsor: 
Lee B. Perry
LONG TITLE
General Description:
This bill amends provisions related to the imposition of a fine for overweight vehicles.
Highlighted Provisions:
This bill:
▸ amends provisions to allow the Department of Transportation discretion in
imposing fines for overweight vehicles based on the circumstances.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
72-7-404
, as last amended by Laws of Utah 2016, Chapter 303
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
72-7-404
 is amended to read:
72-7-404.
Maximum gross weight limitation for vehicles -- Bridge formula for
weight limitations -- Minimum mandatory fines.
(1) (a) As used in this section:
(i) "Axle load" means the total load on all wheels whose centers may be included
between two parallel transverse vertical planes 40 inches apart.
(ii) "Tandem axle" means two or more axles spaced not less than 40 inches nor more
than 96 inches apart and having at least one common point of weight suspension.
(b) The tire load rating shall [
be marked
] 
appear
 on the tire sidewall. A tire, wheel, or
axle may not carry a greater weight than the manufacturer's rating.
(2) (a) [
A
] 
An individual may not operate or move a
 vehicle [
may not be operated or
moved
] on any highway in the state with:
(i) a gross weight in excess of 10,500 pounds on one wheel;
(ii) a single axle load in excess of 20,000 pounds; or
(iii) a tandem axle load in excess of 34,000 pounds.
(b) Subject to the limitations of Subsection (3), the gross vehicle weight of any vehicle
or combination of vehicles may not exceed 80,000 pounds.
(3) (a) Subject to the limitations in Subsection (2), no group of two or more
consecutive axles between the first and last axle of a vehicle or combination of vehicles and no
vehicle or combination of vehicles may carry a gross weight in excess of the weight provided
by the following bridge formula, except as provided in Subsection (3)(b):
W = 500 {LN/(N-1) + 12N+36}
(i) W = overall gross weight on any group of two or more consecutive axles to the
nearest 500 pounds.
(ii) L = distance in feet between the extreme of any group of two or more consecutive
axles. When the distance in feet includes a fraction of a foot of one inch or more the next
larger number of feet shall be used.
(iii) N = number of axles in the group under consideration.
(b) Two consecutive sets of tandem axles may carry a gross weight of 34,000 pounds
each if the overall distance between the first and last axles of the consecutive sets of tandem
axles is 36 feet or more.
(4) [
Any
] 
The department may authorize an
 exception to this section [
must be
authorized
] by an overweight permit as provided in Section 
72-7-406
.
(5) (a) Any person who violates this section is guilty of an infraction except that,
notwithstanding Sections 
76-3-301
 and 
76-3-302
, 
the department may require
 the violator
[
shall pay the largest minimum mandatory
] 
to pay a
 fine of either:
(i) $50 plus the sum of the overweight axle fines calculated under Subsection (5)(b); or
(ii) $50 plus the gross vehicle weight fine calculated under Subsection (5)(b).
(b) The 
department shall calculate the
 fine for each axle and a gross vehicle weight
violation [
shall be calculated
] according to the following schedule:
Number of Pounds Overweight
Axle Fine (Cents per Pound
for Each Overweight Axle)
Gross Vehicle Weight
Fine(Cents per Pound)
- 2,000
2,001 - 5,000
5,001 - 8,000
8,001 - 12,000
12,001 - 16,000
16,001 - 20,000
20,001 - 25,000
25,001 or more
Section 2. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.