Bill Summary – FastDemocracy

-- H 6470
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     LC002888
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                      STATE               OF        RHODE                ISLAND
                                          IN GENERAL ASSEMBLY
                                       JANUARY SESSION, A.D. 2021
                                             ____________
                                                AN ACT
     RELATING TO MOTOR AND OTHER VEHICLES -- SIZE, WEIGHT, AND LOAD LIMITS
                Introduced By: Representative Gregory J. Costantino
                Date Introduced: June 24, 2021
                Referred To: House State Government & Elections
     It is enacted by the General Assembly as follows:
         SECTION 1. Sections 31-25-2, 31-25-3, 31-25-4, 31-25-5, 31-25-6, 31-25-7, 31-25-13,
 31-25-14, 31-25-16, 31-25-18, 31-25-21, 31-25-22, 31-25-23, 31-25-24, 31-25-28 and 31-25-29 of
 the General Laws in Chapter 31-25 entitled "Size, Weight, and Load Limits" are hereby amended
 to read as follows:
         31-25-2. Vehicles exempt from limitations.
         (a) The provisions of this chapter governing size, weight, and load shall not apply to:
         (1) Road machinery;
         (2) Farm vehicles, including farm tractors, temporarily moved upon a highway;
         (3) Any vehicle owned and operated by the Rhode Island public transit authority that is
 designed for carrying passengers and is comprised of two (2) sections permanently joined by a
 hinge mechanism or an articulated joint that allows vertical and horizontal movement and a passage
 for riders moving from one section to the other;
         (4) A vehicle operated under the terms of a special permit issued as provided in this chapter;
         (5) Covered heavy-duty tow and recovery vehicles;
         (6) Emergency vehicles with a weight limit of up to a maximum gross vehicle weight of
 eighty-six thousand pounds (86,000 lbs.) or less than twenty-four thousand pounds (24,000 lbs.) on
 a single steering axle; thirty-three thousand five hundred pounds (33,500 lbs.) on a single-drive
 axle; sixty-two thousand pounds (62,000 lbs.) on a tandem axle; or fifty-two thousand pounds
 (52,000 lbs.) on a tandem rear drive steer axle; or
         (7) Natural gas vehicles up to a maximum gross vehicle weight of eighty-two thousand
 pounds (82,000 lbs.) by an amount that is equal to the difference between the weight of the vehicle
 attributable to the natural gas tank and fueling system carried by that vehicle; and the weight of a
 comparable diesel tank and fueling system.
         (b) The provisions of this chapter governing size, weight, and load shall not apply to fire
 apparatus acquired by a city or town within this state prior to July 1, 1999.
         (c) Nothing in this section shall permit these vehicles to travel over any structure, highway,
 or portion of highway which is weight restricted for the vehicle load.
         31-25-3. Maximum width.
         (a) The total outside width of any vehicle or the load on it shall not exceed one hundred
 two inches (102") excluding any safety and noncargo carrying appurtenances on either motorized
 campers or camping recreational vehicles. Violations of this section are subject to fines enumerated
 in § 31-41.1-4.
         (b) Any carrier or persons operating a vehicle that exceeds the maximum width, as
 permitted or as defined in this section, shall be fined one hundred dollars ($100) per inch over width
 or portion of it
         31-25-4. Maximum height.
         (a) No vehicle including any load on it shall exceed a height of one hundred sixty-two
 inches (162"). Violations of this section are subject to fines enumerated in § 31-41.1-4.
         (b) Any carrier or persons operating a vehicle that exceeds the maximum height, as
 permitted or as defined in this section, shall be fined five hundred dollars ($500) per inch over
 height or portion of it.
         31-25-5. Maximum length of single vehicle and load.
         (a) No vehicle, including any load on it, except Rhode Island public transit authority
 articulated buses, shall exceed a length of forty feet (40') extreme overall dimension inclusive of
 front and rear bumpers, or in the case of a motor bus, motorized camper or camping recreational
 vehicle forty-five feet (45').
         (b) Any carrier or persons operating a vehicle that exceeds the maximum length, as
 permitted or as defined in this section, shall be fined two hundred dollars ($200) per foot over
 length or portion of it.
         31-25-6. Maximum number and length of coupled vehicles.
         (a) No combination of vehicles coupled together shall consist of more than three (3) units,
 a truck-tractor, semi-trailer, and trailer. The combination of vehicles shall not be restricted in
 overall length, except that when a truck-tractor, semi-trailer, and a trailer are used in combination,
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 the trailer or semi-trailer each shall not exceed twenty-eight and one-half feet (28' 6"), excluding
 bumpers and accessories. Provided, however, that combinations of vehicles consisting of three (3)
 units shall be permitted to operate only on the interstate highway system and on those highways,
 streets, and roads designated by the director of the department of transportation.
         (b) Combinations of vehicles consisting of truck-tractor and semi-trailer coupled together
 shall not be restricted in overall length, and semi-trailers shall not exceed fifty-three feet (53') in
 length, excluding bumpers and accessories. Towaway trailer transporter combinations shall not be
 restricted to an overall length limitation of less than eighty-two feet (82'). Semi-trailers exceeding
 forty-eight and one-half feet (48' 6") shall be permitted to operate only on the interstate highway
 system and on those highways, streets, and roads designated by the director of the department of
 transportation. Exceptions to the requirements of this section include the use of a pole trailer and
 combinations designed to transport motor vehicles and/or automobiles as authorized in §§ 31-25-7
 and 31-25-8. The provision that no combination of vehicles coupled together shall consist of more
 than three (3) units shall not apply to vehicles coupled together by a saddle mount device used to
 transport motor vehicles in a drive-away service when no more than three (3) saddle mounts are
 used, and equipment used in the combination is approved by Part 393.71 of the federal motor carrier
 safety regulations, 49 C.F.R. § 393.71, and safety regulations of the division of motor vehicles of
 the department of revenue of the state of Rhode Island as this federal and/or state legislation may
 be amended or revised from time to time. Any owner or operator found deviating from the approval
 approved permitted routes shall be fined a minimum mandatory fine of five hundred dollars ($500),
 but not more than one thousand dollars ($1,000).
         (c) The distance from the kingpin of the trailer to the center of the rear axle may not exceed
 forty-one feet (41').
         (d) Fifty-three foot (53') trailers shall be equipped with a rear-end protection device of
 substantial construction consisting of a continuous lateral beam extending to within four inches
 (4") of the lateral extremities of the trailer, and located not more than twenty-two inches (22") from
 the surface of the road as measured with the vehicle empty and on level surface.
         (e) Violations of this section are subject to fines enumerated in § 31-41.1-4. Any carrier or
 persons operating a vehicle or combination of vehicles that exceeds the maximum number or length
 of coupled vehicles, as permitted or as defined in this section, shall be fined two hundred dollars
 ($200) per foot over length or portion of it
         31-25-7. Front and rear extensions of load.
         (a) Subject to the provisions of this chapter limiting the length of vehicles and loads, the
 load upon any vehicle, operated alone or the load upon the front vehicle of a combination of
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 vehicles, shall not extend more than three feet (3') beyond the foremost part of the vehicle, and the
 load upon any vehicle, operated alone or the load upon the rear vehicle of a combination of vehicles,
 shall not extend more than six feet (6') beyond the rear of the bed or body of the vehicle. Violations
 of this section are subject to fines enumerated in § 31-41.1-4.
            (b) Any carrier or persons operating a vehicle that exceeds the maximum extensions of
 load, as permitted or as defined in this section, shall be fined two hundred dollars ($200) per foot
 over length or portion of it.
            31-25-13. Axle load limit.
            (a) The gross weight imposed on the highway by the wheels of any one axle of a vehicle
 shall not exceed twenty-two thousand four hundred pounds (22,400 lbs.).
            (b) For the purposes of this chapter, "axle load" is defined as the total load transmitted to
 the road by all wheels whose centers are included between two (2) parallel transverse vertical planes
 forty inches (40") apart, extending across the full width of the vehicle.
            (c) Violations of this section are subject to fines enumerated in § 31-41.1-4 § 31-25-14.
            31-25-14. Maximum weight and tandem axles.
            (a) It shall be unlawful to transport or operate over or upon any public highway in this state
 any vehicle equipped with tandem axles, should the gross weight of the axles exceed thirty-six
 thousand pounds (36,000 lbs.) if the axle spacing does not exceed eight feet (8').
            (b) With respect to all public highways, the overall gross weight on a group of two (2) or
 more consecutive axles of a vehicle or combination of vehicles, shall be determined by the
 following bridge gross weight formula:
            W = 500 [(LN /(N-1)) + 12N + 36]
            where W = the overall gross weight on any group of two or more consecutive axles to the
 nearest five hundred pounds (500 lbs.); L = the distance in feet between the extremes of any group
 of two (2) or more consecutive axles; and N = the number of axles in the group under consideration.
 This overall gross weight of any vehicle or combination of vehicles may not exceed eighty thousand
 pounds (80,000 lbs.) except as specified in §§ 31-25-1, 31-25-2, and 31-25-21.
            (c) In any calculation using the formula in subsection (b) of this section in which the tandem
 axle limit is less than thirty-six thousand pounds (36,000 lbs.), thirty-six thousand pounds (36,000
 lbs.) shall be considered the legal limit. Single axle limits shall be as defined in § 31-25-13. Nothing
 in this chapter shall be construed to abrogate any of the "grandfather rights" in existence as of April
 1, 1989.
            (d) Penalties.
            (1) Any carrier, as defined in § 31-25-16, or persons operating a vehicle or combination of
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 vehicles that exceeds the weight limits of tandem-axle vehicles, as defined in this section, shall be
 fined one hundred twenty-five dollars ($125) per one hundred pounds (100 lbs.) overweight or
 portion of it.
            (2) Any carrier, as defined in § 31-25-16, or persons operating a vehicle or combination of
 vehicles that exceeds the weight limits of twenty-two thousand four hundred pounds (22,400 lbs.)
 single axle limits as cited in § 31-25-13, shall be fined one hundred twenty-five dollars ($125) per
 one hundred pounds (100 lbs.) overweight or portion of it.
            (3) Any carrier, as defined in § 31-25-16, or persons operating a vehicle or combination of
 vehicles that exceeds the bridge gross weight formula, as defined in this section, shall be fined one
 hundred twenty-five dollars ($125) are subject to fines enumerated in § 31-25-16(c)(2) through (4).
            31-25-16. Authorized weight shown in registration -- Exceeding limit.
            (a) The administrator of the division of motor vehicles shall insert in the registration card
 issued for a vehicle the gross weight for which it is registered. If it is a truck tractor to be used for
 propelling semi-trailers, he or she shall separately insert the total permissible gross weight of the
 truck tractor and semi-trailers to be propelled by it. It shall be unlawful for any carrier to operate
 or permit to be operated any vehicle or combination of vehicles of a gross weight in excess of that
 registered or permitted by the administrator of the division of motor vehicles, permitted by the
 department of transportation, or in excess of the limitations set forth in this chapter.
            (b) For the purposes of this section chapter 25 of title 31, "carrier" means and includes any
 company or person who furthers their commercial or private enterprise by use of the vehicle.
            (c)(1) Penalties for violations of this section will be calculated on the registered or
 permitted legal weight in comparison to the actual weight and shall be heard and adjudicated at the
 traffic tribunal.
            (2) The overweight penalties for vehicles with ten thousand pounds (10,000 lbs.) gross
 vehicle weight or less shall be eighty-five dollars ($85.00) per thousand pounds overweight or
 portion of it.
            (3) The overweight penalties for vehicles exceeding ten thousand pounds (10,000 lbs.)
 gross vehicle weight shall be one hundred twenty-five dollars ($125.00) per thousand five hundred
 pounds (500 lbs.) overweight or portion of it.
            (4) The overweight penalty for vehicles being operated in excess of one hundred four
 thousand, eight hundred pounds (104,800 lbs.) gross vehicle weight shall be one thousand twenty-
 five dollars ($1,025) in addition to the penalties enumerated in subsection (b)(2) (c)(3) of this
 section.
            (5) The overweight penalty for vehicles being operated in excess of one hundred thirty
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 thousand pounds (130,000 lbs.) gross vehicle weight shall be two thousand five hundred dollars
 ($2,500) in addition to the penalties enumerated in subsection (c)(3) of this section.
         31-25-18. Weighing of suspected overweight vehicles.
         Any proper officer having reason to believe that the weight of a vehicle and load is unlawful
 is authorized to require the driver to stop and submit to a weighing of the vehicle and load by means
 of either portable or stationary scales, and may require that the vehicle be driven to the nearest
 available stationary scales. Any carrier or persons found to be operating in excess of their
 registered, permitted, and/or legal weight limits may be fined and released, required to reduce
 weight or dimensions to legal, and/or required to pursue a legal permit at the officer’s discretion.
 Any carrier or persons found to have pending motor vehicle fines in excess of ten thousand dollars
 ($10,000) may have their permit privileges suspended until pending fines are paid.
         31-25-21. Power to permit excess size or weight of loads.
         (a) The department of transportation, with respect to highways under its jurisdiction, may,
 in its discretion, upon application in writing and good cause being shown for it, approve the
 issuance of a special permit in writing by the division of motor vehicles authorizing the applicant
 to operate or move a vehicle, or combination of vehicles, of a size or weight of vehicle or load
 exceeding eighty thousand pounds (80,000 lbs.) or otherwise not in conformity with the provisions
 of chapters 1 -- 27 of this title upon any highway under the jurisdiction of the party granting the
 permit and for the maintenance of which the party is responsible. Permits that have been issued for
 a full year shall not be required to be renewed for the period of time for which payment has been
 made and the application and other required documentation has been completed and filed. Provided,
 that neither the department of transportation nor the local authorities may approve the issuance of
 permits for divisible loads weighing in excess of one hundred four thousand-eight hundred pounds
 (104,800 lbs.), gross vehicle weight, for five-axle (5) vehicles and seventy-six thousand six hundred
 fifty pounds (76,650 lbs.), gross vehicle weight, for three-axle (3) vehicles the limits set by the
 director of the department of transportation by and through the rules and regulations promulgated
 by the department of transportation entitled “rules and regulations regarding overweight and
 oversize vehicle permits”.
         (1) Provided, however, that for milk products, any vehicle carrying fluid milk products
 shall be considered a load that cannot be easily dismantled or divided.
         (b) The director of the department of transportation may enter into agreements with other
 states, the District of Columbia, and Canadian provinces providing for the reciprocal enforcement
 of the overweight or over-dimensional vehicle permit laws of those jurisdictions entering into the
 agreement.
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         (c) Trip permit fee Single trip non-divisible permit fee. A fee of forty dollars ($40.00) shall
 be paid to the division of motor vehicles department of transportation for the issuance of each non-
 reducible vehicle or load non-divisible single trip permit; provided, however, applicants seeking a
 permit for a non-divisible load exceeding one hundred thirty thousand pounds (130,000 lbs.) shall
 pay a fee of three hundred dollars ($300.00) to the division of motor vehicles for consideration of
 a special trip permit approved by the department of transportation pursuant to subsection (e).