Bill Text: IN HB1481 | 2013 | Regular Session | Engrossed
Bill Title: Permits for loads.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2013-05-13 - Public Law 135 [HB1481 Detail]
Download: Indiana-2013-HB1481-Engrossed.html
Citations Affected: IC 9-13; IC 9-20; IC 9-29; IC 10-11.
Synopsis: Permits for loads. Authorizes the Indiana department of
transportation (department) or a local authority to grant permits for
transporting overweight divisible loads. Requires the department to
adopt rules for the: (1) issuance, fee structure, and enforcement of
overweight divisible loads; (2) fee structure of loads on extra heavy
duty highways; and (3) fee structure of overweight loads. Provides
definitions for equivalent single axle load mile (mile) and overweight
divisible load for purposes of transportation. Authorizes the department
to charge five cents per mile for a permit for an overweight divisible
load. Provides that the annual fee for an overweight divisible load
permit may not exceed $470. Requires the department to study the
impact of overweight divisible loads on Indiana's transportation
infrastructure and economy not later than December 31, 2014, and to:
(1) consider the results of the study in adopting rules to establish fees
for overweight divisible load permits; and (2) report the results of the
study to the general assembly in an electronic format.
Effective: Upon passage.
(SENATE SPONSORS _ CHARBONNEAU, HOLDMAN)
January 22, 2013, read first time and referred to Committee on Roads and Transportation.
January 31, 2013, amended, reported _ Do Pass.
February 4, 2013, read second time, amended, ordered engrossed.
February 5, 2013, engrossed. Read third time, passed. Yeas 99, nays 0.
February 25, 2013, read first time and referred to Committee on Homeland Security, Transportation and Veterans Affairs.
April 2, 2013, amended, reported favorably _ Do Pass.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles.
(b) This section expires on the date IC 9-29-6-0.5 expires.
(1) can be traditionally separated or reduced to meet the specified regulatory limits for weight;
(2) are involved in hauling, delivering, or otherwise carrying metal or agricultural commodities;
(3) meet other requirements for height, length, and width;
(4) weigh more than the eighty thousand (80,000) pound gross vehicle weight limit in IC 9-20-5 but weigh not more than:
(A) one hundred twenty thousand (120,000) pounds if hauling metal commodities; and
(B) ninety-seven thousand (97,000) pounds if hauling agricultural commodities; and
(5) have the following configurations:
(A) A maximum wheel weight, unladen or with load, not to exceed eight hundred (800) pounds per inch of tire, measured between the flanges of the rim.
(B) A single axle weight not to exceed twenty thousand (20,000) pounds.
(C) An axle in an axle combination not to exceed twenty thousand (20,000) pounds per axle, with the exception of one (1) tandem group that may weigh twenty-four thousand (24,000) pounds per axle or a total of forty-eight thousand (48,000) pounds.
(b) Subsection (a)(5) and this subsection expire on the earlier of the following dates:
(1) The date rules are adopted as required under IC 9-29-6-13.
(2) December 31, 2014.
(b) This section expires on the date IC 9-29-6-1 expires.
(1) has jurisdiction over a state highway, an interstate highway, or a local street; and
(2) is responsible for the repair and maintenance of the state highway, interstate highway, or local street;
may, upon proper application in writing and upon good cause shown, grant a permit for transporting overweight divisible loads.
axle load miles that apply to a trip is the amount determined under
STEP ELEVEN of the following formula:
STEP ONE: Determine the result of:
(A) the first or next single axle weight of the vehicle in
pounds; divided by
(B) eighteen thousand (18,000).
STEP TWO: Determine the result of the STEP ONE amount
raised to the fourth power.
STEP THREE: Repeat STEP ONE and STEP TWO for each
additional single axle on the vehicle.
STEP FOUR: Determine the sum of the resulting amounts
from STEP TWO and STEP THREE for all single axles on the
vehicle.
STEP FIVE: Determine the result of:
(A) the first or next tandem axle group weight in pounds;
divided by
(B) thirty-three thousand two hundred (33,200).
STEP SIX: Determine the result of the STEP FIVE amount
raised to the fourth power.
STEP SEVEN: Repeat STEP FIVE and STEP SIX for each
additional tandem axle group on the vehicle.
STEP EIGHT: Determine the sum of the resulting amounts
from STEP SIX and STEP SEVEN for all tandem axle groups
on the vehicle.
STEP NINE: Determine the sum of the STEP FOUR amount
and the STEP EIGHT amount.
STEP TEN: Subtract three (3) from the STEP NINE amount.
STEP ELEVEN: Determine the result of:
(A) the STEP TEN amount; multiplied by
(B) the number of miles in the trip.
(b) This section expires on the earlier of the following dates:
(1) The date rules are adopted as required under section 13 of
this chapter.
(2) December 31, 2014.
(b) This section expires on the earlier of the following dates:
(1) The date rules are adopted as required under section 13 of this chapter.
(2) December 31, 2014.
(1) A trip permit, twenty dollars ($20).
(2) A mileage fee, which is in addition to the trip permit fee in subdivision (1), to be calculated for that part of the gross weight exceeding eighty thousand (80,000) pounds as follows:
(A) For loads greater than eighty thousand (80,000) pounds but not more than one hundred eight thousand (108,000) pounds, thirty-five cents ($0.35) per mile.
(B) For loads greater than one hundred eight thousand (108,000) pounds but not more than one hundred fifty thousand (150,000) pounds, sixty cents ($0.60) per mile.
(C) For loads greater than one hundred fifty thousand (150,000) pounds, one dollar ($1) per mile.
(3) A ninety (90) day permit, two hundred dollars ($200).
(4) An annual permit issued under IC 9-20-6-2(c), eight hundred dollars ($800).
(b) If an application for a permit involves transporting heavy vehicles or loads, or other objects, that exceed the legal length, width, or height limit and that also exceed the legal weight limit in the same movement, the applicant shall pay only the greater of the two (2) fees established in section 2 or 3 of this chapter and the issuing officer or body shall issue a single oversize-overweight permit. The fee for a ninety (90) day permit described in IC 9-20-6-2(c)(3) is two hundred dollars ($200).
(c) This section expires on the earlier of the following dates:
(1) The date rules are adopted as required under section 13 of this chapter.
(2) December 31, 2014.
(b) The fee for a permit issued under IC 9-20-6-2.5 for an overweight divisible load is five cents ($0.05) per equivalent single axle load mile. The annual fee charged for a permit issued under IC 9-20-6-2.5 may not exceed four hundred seventy dollars ($470). Upon payment of the fee, the Indiana department of transportation shall validate the permit. The revenue from the fee shall be credited to the state highway fund.
(c) Subsection (b) and this subsection expire on the earlier of the following dates:
(1) The date rules are adopted under section 13 of this chapter.
(2) December 31, 2014.
(1) issuance, fee structure, and enforcement of permits for overweight divisible loads;
(2) fee structure of permits for loads on extra heavy duty highways; and
(3) fee structure of permits for overweight loads;
not later than December 31, 2014.
(b) The fees provided for in the rules under subsection (a) may not be increased more often than once every two (2) years.
(c) Not later than December 31, 2014, the department shall study the impact of overweight divisible loads on the following:
(1) Road and bridge degradation.
(2) Alternate modes of transportation.
(3) Indiana's economy and job growth.
(4) Indiana's business and economic competitiveness relative to other midwestern states.
The department shall consider the results of the study in adopting rules under subsection (a) to establish fee structures. Upon concluding the study, the department shall report the results of the study to the general assembly in an electronic format under IC 5-14-6.
trucks and trailers having a declared gross weight of at least ten
thousand one (10,001) pounds and buses at a permanent or portable
weigh station or while operating a clearly marked Indiana state police
vehicle for violations of the following:
(1) IC 6-1.1-7-10.
(2) IC 6-6-1.1-1202.
(3) IC 6-6-2.5.
(4) IC 6-6-4.1-12.
(5) IC 8-2.1.
(6) IC 9-18.
(7) IC 9-19.
(8) IC 9-20.
(9) IC 9-21-7-2 through IC 9-21-7-11.
(10) IC 9-21-8-41 pertaining to the duty to obey an official traffic
control device for a weigh station.
(11) IC 9-21-8-45 through IC 9-21-8-48.
(12) IC 9-21-9.
(13) IC 9-21-15.
(14) IC 9-21-21.
(15) IC 9-24-1-1 through IC 9-24-1-1.5.
(16) IC 9-24-1-7.
(17) Except as provided in subsection (c), IC 9-24-1-6,
IC 9-24-6-16, IC 9-24-6-17, and IC 9-24-6-18, commercial
driver's license.
(18) IC 9-24-4.
(19) IC 9-24-5.
(20) IC 9-24-11-4.
(21) IC 9-24-13-3.
(22) IC 9-24-18-1 through IC 9-24-18-2.
(23) IC 9-25-4-3.
(24) IC 9-28-4.
(25) IC 9-28-5.
(26) IC 9-28-6.
(27) IC 9-29-5-11 through IC 9-29-5-13.
(28) IC 9-29-5-42.
(29) IC 9-29-6-1.
(30) IC 10-14-8.
(31) IC 13-17-5-1, IC 13-17-5-2, IC 13-17-5-3, or IC 13-17-5-4.
(32) IC 13-30-2-1.
(b) For the purpose of enforcing this section, a person assigned
under this section may detain a person in the same manner as a law
enforcement officer under IC 34-28-5-3.
(c) A person assigned under this section may not enforce IC 9-24-6-14 or IC 9-24-6-15.
(d) Subsection (a)(29) expires on the date that IC 9-29-6-1 expires.
