Bill Summary – FastDemocracy

Enrolled Copy                                                                             H.B. 313
                               MOTOR CARRIER AMENDMENTS
                                           2024 GENERAL SESSION
                                                STATE OF UTAH
                                    Chief Sponsor: Kay J. Christofferson Senate Sponsor: Don L. Ipson
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  LONG TITLE
  General Description:
      This bill amends the Transportation Code.
  Highlighted Provisions:
      This bill:
      ▸ amends the definition of a commercial vehicle; and
      ▸ changes the weight restrictions for an oversize and overweight permit.
  Money Appropriated in this Bill:
      None
  Other Special Clauses:
      None
  Utah Code Sections Affected:
  AMENDS:
      72-7-406, as last amended by Laws of Utah 2017, Chapters 96, 118
      72-9-102, as last amended by Laws of Utah 2023, Chapter 296
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  Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 72-7-406 is amended to read:
        72-7-406 . Oversize permits and oversize and overweight permits for vehicles of
  excessive size or weight -- Applications -- Restrictions -- Fees -- Rulemaking provisions --
  Penalty.
  (1) (a) The department may, upon receipt of an application and good cause shown, issue
      in writing an oversize permit or an oversize and overweight permit. The oversize
      permit or oversize and overweight permit may authorize the applicant to operate or
      move upon a highway:
          (i) a vehicle or combination of vehicles, unladen or with a load weighing more than
     H.B. 313                                                                                 Enrolled Copy
                the maximum weight specified in Section 72-7-404 for any wheel, axle, group of
                axles, or total gross weight; or
            (ii) a vehicle or combination of vehicles that exceeds the vehicle width, height, or
                length provisions under Section 72-7-402 or draw-bar length restriction under
                Subsection 72-7-403(1)(a).
       (b) Except as provided under Subsections (5) and (8),the department may not issue an
            oversize and overweight permit under this section to allow the transportation of a
            load that is reasonably divisible.
       (c) The department may not authorize a maximum size or weight permit under this
            section that could impair the state's ability to qualify for federal-aid highway funds.
       (d) The department may deny or issue a permit under this section to protect the safety of
            the traveling public and to protect highway foundation, surfaces, or structures from
            undue damage by one or more of the following:
            (i) limiting the number of trips the vehicle may make;
            (ii) establishing seasonal or other time limits within which the vehicle may operate or
                move on the highway indicated;
            (iii) requiring insurance in addition to the permit to compensate for any potential
                damage by the vehicle to any highway; and
            (iv) otherwise limiting the conditions of operation or movement of the vehicle.
       (e) Prior to granting a permit under this section, the department shall approve the route
            of any vehicle or combination of vehicles.
   (2) An application for a permit under this section shall state:
       (a) the proposed maximum wheel loads, maximum axle loads, all axle spacings of each
            vehicle or combination of vehicles;
       (b) the proposed maximum load size and maximum size of each vehicle or combination
            of vehicles;
       (c) the specific roads requested to be used under authority of the permit; and
       (d) if the permit is requested for a single trip or if other seasonal limits or time limits
            apply.
   (3) (a) The driver of each vehicle requiring an oversize permit or oversize and
       overweight permit shall ensure that the permit is present in the vehicle or
       combination of vehicles to which the permit refers and available for inspection by
       any peace officer, special function officer, port of entry agent, or other personnel
       authorized by the department.
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     Enrolled Copy                                                                                 H.B. 313
      (b) A driver may provide proof of an oversize permit or oversize and overweight permit
          as required in Subsection (3)(a) by showing an electronic copy of the permit.
  (4) The department may not issue a permit under this section, and a permit is not valid,
      unless the vehicle or combination of vehicles is:
      (a) properly registered for the weight authorized by the permit; or
      (b) registered for a gross laden weight of 78,001 pounds or over, if the gross laden
          weight authorized by the permit exceeds 80,000 pounds.
  (5) (a) (i) The department may issue an oversize permit under this section for a
      vehicle or combination of vehicles that exceeds one or more of the maximum
      width, height, or length provisions under Section 72-7-402.
          (ii) Except for an annual oversize permit for an implement of husbandry under
              Section 72-7-407, for a permit issued under Subsection (5)(a)(iii), or for an annual
              oversize permit issued under Subsection (5)(a)(iv), the department may issue only
              a single trip oversize permit for a vehicle or combination of vehicles that is more
              than 14 feet 6 inches wide, 14 feet high, or 105 feet long.
          (iii) An oversize permit may be issued for a vehicle or combination of vehicles with a
              maximum height of 14 feet 6 inches high to allow the transportation of a load that
              is reasonably divisible.
          (iv) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
              the department shall make rules for the issuance of an annual oversize permit for a
              vehicle or combination of vehicles that is more than 14 feet 6 inches wide, 14 feet
              high, or 105 feet long if the department determines that the permit is needed to
              accommodate highway transportation needs for multiple trips on a specified route.
      (b) The fee is $30 for a single trip oversize permit under this Subsection (5). This permit
          is valid for not more than 96 continuous hours.
      (c) The fee is $75 for a semiannual oversize permit under this Subsection (5). This
          permit is valid for not more than 180 continuous days.
      (d) The fee is $90 for an annual oversize permit under this Subsection (5). This permit
          is valid for not more than 365 continuous days.
  (6) (a) The department may issue an oversize and overweight permit under this section
      for a vehicle or combination of vehicles carrying a nondivisible load that exceeds one
      or more of the maximum weight provisions of Section 72-7-404 up to a gross weight
      of 125,000 pounds.
      (b) The fee is $60 for a single trip oversize and overweight permit under this Subsection
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      H.B. 313                                                                              Enrolled Copy
            (6). This permit is valid for not more than 96 continuous hours.
       (c) A semiannual oversize and overweight permit under this Subsection (6) is valid for
            not more than 180 continuous days. The fee for this permit is:
            (i) $180 for a vehicle or combination of vehicles with gross vehicle weight of [more
                than 80,000 pounds, but not exceeding ]84,000 pounds or less;
            (ii) $320 for a vehicle or combination of vehicles with gross vehicle weight of more
                than 84,000 pounds, but not exceeding 112,000 pounds; and
            (iii) $420 for a vehicle or combination of vehicles with gross vehicle weight of more
                than 112,000 pounds, but not exceeding 125,000 pounds.
       (d) An annual oversize and overweight permit under this Subsection (6) is valid for not
            more than 365 continuous days. The fee for this permit is:
            (i) $240 for a vehicle or combination of vehicles with gross vehicle weight of [more
                than 80,000 pounds, but not exceeding ]84,000 pounds or less;
            (ii) $480 for a vehicle or combination of vehicles with gross vehicle weight of more
                than 84,000 pounds, but not exceeding 112,000 pounds; and
            (iii) $540 for a vehicle or combination of vehicles with gross vehicle weight of more
                than 112,000 pounds, but not exceeding 125,000 pounds.
   (7) (a) The department may issue a single trip oversize and overweight permit under this
       section for a vehicle or combination of vehicles carrying a nondivisible load that
       exceeds:
            (i) one or more of the maximum weight provisions of Section 72-7-404; or
            (ii) a gross weight of 125,000 pounds.
       (b) (i) The fee for a single trip oversize and overweight permit under this Subsection
            (7), which is valid for not more than 96 continuous hours, is $.012 per mile for
            each 1,000 pounds above 80,000 pounds subject to the rounding described in
            Subsection (7)(c).
            (ii) The minimum fee that may be charged under this Subsection (7) is $80.
            (iii) The maximum fee that may be charged under this Subsection (7) is $540.
       (c) (i) The miles used to calculate the fee under this Subsection (7) shall be rounded
            up to the nearest 50 mile increment.
            (ii) The pounds used to calculate the fee under this Subsection (7) shall be rounded
                up to the nearest 25,000 pound increment.
            (iii) The department shall round the dollar amount used to calculate the fee under this
                Subsection (7) to the nearest $10 increment.
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      Enrolled Copy                                                                                  H.B. 313
  (8) (a) The department may issue an oversize and overweight permit under this section
      for a vehicle or combination of vehicles carrying a divisible load if:
          (i) the bridge formula under Subsection 72-7-404(3) is not exceeded; and
          (ii) the length of the vehicle or combination of vehicles is:
              (A) more than the limitations specified under Subsections 72-7-402(4)(c) and (d)
                  or Subsection 72-7-403(1)(a) but not exceeding 81 feet in cargo carrying length
                  and the application is for a single trip, semiannual trip, or annual trip permit; or
              (B) more than 81 feet in cargo carrying length but not exceeding 95 feet in cargo
                  carrying length and the application is for an annual trip permit.
      (b) The fee is $60 for a single trip oversize and overweight permit under this Subsection
          (8). The permit is valid for not more than 96 continuous hours.
      (c) The fee for a semiannual oversize and overweight permit under this Subsection (8),
          which permit is valid for not more than 180 continuous days is:
          (i) $180 for a vehicle or combination of vehicles with gross vehicle weight of more
              than 80,000 pounds, but not exceeding 84,000 pounds;
          (ii) $320 for a vehicle or combination of vehicles with gross vehicle weight of more
              than 84,000 pounds, but not exceeding 112,000 pounds; and
          (iii) $420 for a vehicle or combination of vehicles with gross vehicle weight of more
              than 112,000 pounds, but not exceeding 129,000 pounds.
      (d) The fee for an annual oversize and overweight permit under this Subsection (8),
          which permit is valid for not more than 365 continuous days is:
          (i) $240 for a vehicle or combination of vehicles with gross vehicle weight of more
              than 80,000 pounds, but not exceeding 84,000 pounds;
          (ii) $480 for a vehicle or combination of vehicles with gross vehicle weight of more
              than 84,000 pounds, but not exceeding 112,000 pounds; and
          (iii) $540 for a vehicle or combination of vehicles with gross vehicle weight of more
              than 112,000 pounds, but not exceeding 129,000 pounds.
  (9) Permit fees collected under this section shall be credited monthly to the Transportation
      Fund.
  (10) The department shall prepare maps, drawings, and instructions as guidance when
      issuing permits under this section.
  (11) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
      department shall make rules governing the issuance and revocation of all permits under
      this section and Section 72-7-407.
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      H.B. 313                                                                               Enrolled Copy
   (12) Any person who violates any of the terms or conditions of a permit issued under this
       section:
       (a) may have the person's permit revoked; and
       (b) is guilty of an infraction, except that a violation of any rule made under Subsection
            (11) is not subject to a criminal penalty.
         Section 2. Section 72-9-102 is amended to read:
         72-9-102 . Definitions.
        As used in this chapter:
   (1) (a) "Commercial vehicle" includes:
            (i) an interstate commercial vehicle; [and]
            (ii) an intrastate commercial vehicle[.] ; and
            (iii) a tow truck.
       (b) "Commercial vehicle" does not include the following vehicles for purposes of this
            chapter:
            (i) equipment owned and operated by the United States Department of Defense when
                  driven by any active duty military personnel and members of the reserves and
                  national guard on active duty including personnel on full-time national guard duty,
                  personnel on part-time training, and national guard military technicians and
                  civilians who are required to wear military uniforms and are subject to the code of
                  military justice;
            (ii) firefighting and emergency vehicles, operated by emergency personnel, not
                  including commercial tow trucks;
            (iii) recreational vehicles that are driven solely as family or personal conveyances for
                  noncommercial purposes; or
            (iv) vehicles owned by the state or a local government.
   (2) "Interstate commercial vehicle" means a self-propelled or towed motor vehicle used on
       a highway in interstate commerce to transport passengers or property if the vehicle:
       (a) has a gross vehicle weight rating or gross vehicle weight of 10,001 or more pounds,
            or gross combination weight rating or gross combination weight of 10,001 or more
            pounds, whichever is greater;
       (b) is designed or used to transport more than eight passengers, including the driver, for
            compensation;
       (c) is designed or used to transport more than 15 passengers, including the driver, and is
            not used to transport passengers for compensation; or
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      Enrolled Copy                                                                                  H.B. 313
      (d) (i) is used to transport materials designated as hazardous in accordance with 49
          U.S.C. Sec. 5103; and
          (ii) is required to be placarded in accordance with regulations under 49 C.F.R.,
              Subtitle B, Chapter I, Subchapter C.
  (3) "Intrastate commercial vehicle" means a motor vehicle, vehicle, trailer, or semitrailer
      used or maintained for business, compensation, or profit to transport passengers or
      property on a highway only within the boundaries of this state if the commercial vehicle:
      (a) (i) has a manufacturer's gross vehicle weight rating or gross vehicle weight, or
          gross combination weight rating or gross combination weight of 26,001 or more
          pounds, whichever is greater, and is operated by an individual who is 18 years old
          or older; or
          (ii) has a manufacturer's gross vehicle weight rating or gross combination weight
              rating of 16,001 or more pounds and is operated by an individual who is under 18
              years old;
      (b) (i) is designed to transport more than 15 passengers, including the driver; or
          (ii) is designed to transport more than 12 passengers, including the driver, and has a
              manufacturer's gross vehicle weight rating or gross combination weight rating of
              13,000 or more pounds; or
      (c) is used in the transportation of hazardous materials and is required to be placarded in
          accordance with 49 C.F.R. Part 172, Subpart F.
  (4) "Motor carrier" means a person engaged in or transacting the business of transporting
      passengers, freight, merchandise, or other property by a commercial vehicle on a
      highway within this state and includes a tow truck business.
  (5) "Owner" as pertaining to a vehicle, vessel, or outboard motor, means the same as