HB 0539

1
A bill to be entitled
2An act relating to motor vehicle weights; amending s.
3316.545, F.S.; revising penalties for violation of vehicle
4weight provisions by certain commercial motor vehicles;
5providing for disposition of moneys collected; exempting
6pickup trucks and panel trucks from certain weight
7limitation provisions; reenacting ss. 316.535(6),
8316.550(9)(a) and (d), 318.18(4), and 320.07(4)(b), F.S.,
9relating to maximum vehicle weights, operations not in
10conformity with law, special permits, civil penalties, and
11expiration of registration, to incorporate changes made by
12the act; providing an effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  Subsection (2) of section 316.545, Florida
17Statutes, is amended to read:
18     316.545  Weight and load unlawful; special fuel and motor
19fuel tax enforcement; inspection; penalty; review.--
20     (2)(a)  Whenever an officer, upon weighing a vehicle or
21combination of vehicles with load, determines that the axle
22weight or gross weight is unlawful, the officer may require the
23driver to stop the vehicle in a suitable place and remain
24standing until a determination can be made as to the amount of
25weight thereon and, if overloaded, the amount of penalty to be
26assessed as provided herein. However, any gross weight over and
27beyond 6,000 pounds beyond the maximum herein set shall be
28unloaded and all material so unloaded shall be cared for by the
29owner or operator of the vehicle at the risk of such owner or
30operator. Except as otherwise provided in this chapter, to
31facilitate compliance with and enforcement of the weight limits
32established in s. 316.535, weight tables published pursuant to
33s. 316.535(7) shall include a 10-percent scale tolerance and
34shall thereby reflect the maximum scaled weights allowed any
35vehicle or combination of vehicles. As used in this section,
36scale tolerance means the allowable deviation from legal weights
37established in s. 316.535. Notwithstanding any other provision
38of the weight law, if a vehicle or combination of vehicles does
39not exceed the gross, external bridge, or internal bridge weight
40limits imposed in s. 316.535 and the driver of such vehicle or
41combination of vehicles can comply with the requirements of this
42chapter by shifting or equalizing the load on all wheels or
43axles and does so when requested by the proper authority, the
44driver shall not be held to be operating in violation of said
45weight limits.
46     (b)  The officer shall inspect the license plate or
47registration certificate of the commercial vehicle, as defined
48in s. 316.003(66), to determine if its gross weight is in
49compliance with the declared gross vehicle weight. If its gross
50weight exceeds the declared weight, the penalty shall be
51assessed according to paragraph (c) 5 cents per pound on the
52difference between such weights. In those cases when the
53commercial vehicle, as defined in s. 316.003(66), is being
54operated over the highways of the state with an expired
55registration or with no registration from this or any other
56jurisdiction or is not registered under the applicable
57provisions of chapter 320, the penalty herein shall apply on the
58basis of 5 cents per pound on that scaled weight which exceeds
5935,000 pounds on laden truck tractor-semitrailer combinations or
60tandem trailer truck combinations, 10,000 pounds on laden
61straight trucks or straight truck-trailer combinations, or
6210,000 pounds on any unladen commercial motor vehicle. If the
63license plate or registration has not been expired for more than
6490 days, the penalty imposed under this paragraph may not exceed
65$1,000. In the case of special mobile equipment as defined in s.
66316.003(48), which qualifies for the license tax provided for in
67s. 320.08(5)(b), being operated on the highways of the state
68with an expired registration or otherwise not properly
69registered under the applicable provisions of chapter 320, a
70penalty of $75 shall apply in addition to any other penalty
71which may apply in accordance with this chapter. A vehicle found
72in violation of this section may be detained until the owner or
73operator produces evidence that the vehicle has been properly
74registered. Any costs incurred by the retention of the vehicle
75shall be the sole responsibility of the owner. A person who has
76been assessed a penalty pursuant to this paragraph for failure
77to have a valid vehicle registration certificate pursuant to the
78provisions of chapter 320 is not subject to the delinquent fee
79authorized in s. 320.07 if such person obtains a valid
80registration certificate within 10 working days after such
81penalty was assessed.
82     (c)1.  Excess weight penalties shall be as follows:
83     a.  Assessed Excess Weight over the Prescribed Amount Per
84Permitted Pound Axle Weight Limit:
85Weight     Amount
864,000 pounds or less:     1? per pound
874,001 to 8,000 pounds:     10? per pound
888,001 to 12,000 pounds:     20? per pound
8912,001 pounds or more:     30? per pound
90     b.  Assessed Excess Weight over the Prescribed Amount Per
91Gross Weight Pound Limits:
92Weight     Amount
934,000 pounds or less:     1? per pound
944,001 to 8,000 pounds:     10? per pound
958,001 to 12,000 pounds:     15? per pound
9612,001 pounds or more:     20? per pound
97     c.  All gross permit violations shall be assessed 20? per
98pound over the permitted weight limit.
99
100Moneys collected under this subparagraph shall be paid to the
101department and forwarded to the State Treasurer for deposit in
102the State Transportation Trust Fund to be allocated for the
103construction and maintenance of state highways.
104     2.  If the gross weight of the vehicle exceeds lawful
105limits by at least 25 percent but no more than 50 percent, the
106amount of the liquidated damages shall be two times the amount
107provided for in this section.
108     3.  If the gross weight of the vehicle exceeds lawful
109limits by more than 50 percent, the amount of the liquidated
110damages shall be three times the amount provided for in this
111section.
112     4.a.  A second violation of prescribed weight limits within
113a 12-month period shall incur double fines.
114     b.  A third violation of prescribed weight limits within a
11524-month period shall incur triple fines.
116     c.  A fourth violation of prescribed weight limits within a
11736-month period shall incur quadruple fines.
118     (d)(c)  Weight limits established and posted for a road or
119bridge pursuant to s. 316.555 and weight limits specified in
120special permits issued pursuant to s. 316.550 shall be deemed to
121include all allowable tolerances. In those cases when a vehicle
122or combination of vehicles exceeds the weight limits established
123and posted for a road or bridge pursuant to s. 316.555, or
124exceeds the weight limits permitted in a special permit issued
125pursuant to s. 316.550, the penalty shall be 5 cents per pound
126on the difference between the scale weight of the vehicle and
127the weight limits for such posted road or bridge or permitted in
128such special permit. However, if a special permit is declared
129invalid in accordance with rules promulgated pursuant to s.
130316.550, the penalties imposed in subsection (3) shall apply to
131those weights which exceed the limits established in s. 316.535.
132
133The provisions of this subsection shall not apply to pickup
134trucks or panel trucks.
135     Section 2.  For the purpose of incorporating the amendment
136to section 316.545, Florida Statutes, in a reference thereto,
137subsection (6) of section 316.535, Florida Statutes, is
138reenacted to read:
139     316.535  Maximum weights.--
140     (6)  Dump trucks, concrete mixing trucks, trucks engaged in
141waste collection and disposal, and fuel oil and gasoline trucks
142designed and constructed for special type work or use, when
143operated as a single unit, shall be subject to all safety and
144operational requirements of law, except that any such vehicle
145need not conform to the axle spacing requirements of this
146section provided that such vehicle shall be limited to a total
147gross load, including the weight of the vehicle, of 20,000
148pounds per axle plus scale tolerances and shall not exceed 550
149pounds per inch width tire surface plus scale tolerances. No
150vehicle operating pursuant to this section shall exceed a gross
151weight, including the weight of the vehicle and scale
152tolerances, of 70,000 pounds. Any vehicle violating the weight
153provisions of this section shall be penalized as provided in s.
154316.545.
155     Section 3.  For the purpose of incorporating the amendment
156to section 316.545, Florida Statutes, in references thereto,
157paragraphs (a) and (d) of subsection (9) of section 316.550,
158Florida Statutes, are reenacted to read:
159     316.550  Operations not in conformity with law; special
160permits.--
161     (9)  Whenever any motor vehicle, or the combination of a
162wrecker as defined in s. 320.01(40) and a towed motor vehicle,
163exceeds any weight or dimensional criteria or special
164operational or safety stipulation contained in a special permit
165issued under the provisions of this section, the penalty
166assessed to the owner or operator shall be as follows:
167     (a)  For violation of weight criteria contained in a
168special permit, the penalty per pound or portion thereof
169exceeding the permitted weight shall be as provided in s.
170316.545.
171     (d)  For violation of any special condition that has been
172prescribed in the rules of the Department of Transportation and
173declared on the permit, the vehicle shall be determined to be
174out of conformance with the permit and the permit shall be
175declared null and void for the vehicle, and weight and
176dimensional limits for the vehicle shall be as established in s.
177316.515 or s. 316.535, whichever is applicable, and:
178     1.  For weight violations, a penalty as provided in s.
179316.545 shall be assessed for those weights which exceed the
180limits thus established for the vehicle; and
181     2.  For dimensional, operational, or safety violations, a
182penalty as established in paragraph (c) or s. 316.516, whichever
183is applicable, shall be assessed for each nonconforming
184dimensional, operational, or safety violation and the penalties
185for multiple violations shall be cumulative for the vehicle.
186     Section 4.  For the purpose of incorporating the amendment
187to section 316.545, Florida Statutes, in references thereto,
188subsection (4) of section 318.18, Florida Statutes, is reenacted
189to read:
190     318.18  Amount of civil penalties.--The penalties required
191for a noncriminal disposition pursuant to s. 318.14 are as
192follows:
193     (4)  The penalty imposed under s. 316.545 shall be
194determined by the officer in accordance with the provisions of
195ss. 316.535 and 316.545.
196     Section 5.  For the purpose of incorporating the amendment
197to section 316.545, Florida Statutes, in references thereto,
198paragraph (b) of subsection (4) of section 320.07, Florida
199Statutes, is reenacted to read:
200     320.07  Expiration of registration; annual renewal
201required; penalties.--
202     (4)
203     (b)  A person who has been assessed a penalty pursuant to
204s. 316.545(2)(b) for failure to have a valid vehicle
205registration certificate is not subject to the delinquent fee
206authorized by this subsection if such person obtains a valid
207registration certificate within 10 working days after such
208penalty was assessed. The official receipt authorized by s.
209316.545(6) constitutes proof of payment of the penalty
210authorized in s. 316.545(2)(b).
211     Section 6.  This act shall take effect October 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.