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H.B. 334

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RESTRICTIONS ON TRUCK TRAILERS

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1998 GENERAL SESSION

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STATE OF UTAH

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Sponsor: J. Brent Haymond

5    AN ACT RELATING TO HIGHWAYS; LIMITING CERTAIN VEHICLE COMBINATIONS
6    AND SIZES PERMITTED ON CERTAIN HIGHWAYS; AND PROVIDING AN EFFECTIVE
7    DATE.
8    This act affects sections of Utah Code Annotated 1953 as follows:
9    AMENDS:
10         27-12-154, as last amended by Chapter 38, Laws of Utah 1995
11    Be it enacted by the Legislature of the state of Utah:
12        Section 1. Section 27-12-154 is amended to read:
13         27-12-154. Oversize permits and oversize and overweight permits for vehicles of
14     excessive size or weight -- Applications -- Restrictions -- Fees -- Rulemaking provisions --
15     Penalty.
16        (1) (a) The department may, upon receipt of an application and good cause shown, issue
17    in writing an oversize permit or an oversize and overweight permit. The oversize permit or
18    oversize and overweight permit may authorize the applicant to operate or move upon a highway:
19        (i) a vehicle or combination of vehicles, unladen or with a load weighing more than the
20    maximum weight specified in Section 27-12-151 for any wheel, axle, group of axles, or total gross
21    weight; or
22        (ii) a vehicle or combination of vehicles that exceeds the vehicle width, height, or length
23    provisions under Section 27-12-149.
24        (b) Except as provided under Subsection (8), an oversize and overweight permit may not
25    be issued under this section to allow the transportation of a load that is reasonably divisible.
26        (c) The maximum size or weight authorized by a permit under this section shall be within
27    limits that do not impair the state's ability to qualify for federal-aid highway funds.


1        (d) The department may deny or issue a permit under this section to protect the safety of
2    the traveling public and to protect highway foundation, surfaces, or structures from undue damage
3    by one or more of the following:
4        (i) limiting the number of trips the vehicle may make;
5        (ii) establishing seasonal or other time limits within which the vehicle may operate or
6    move on the highway indicated;
7        (iii) requiring security in addition to the permit to compensate for any potential damage
8    by the vehicle to any highway; and
9        (iv) otherwise limiting the conditions of operation or movement of the vehicle.
10        (e) Prior to granting a permit under this section, the department shall approve the route
11    of any vehicle or combination of vehicles.
12        (2) An application for a permit under this section shall state:
13        (a) the proposed maximum wheel loads, maximum axle loads, all axle spacings of each
14    vehicle or combination of vehicles;
15        (b) the proposed maximum load size and maximum size of each vehicle or combination
16    of vehicles;
17        (c) the specific roads requested to be used under authority of the permit; and
18        (d) if the permit is requested for a single trip or if other seasonal limits or time limits
19    apply.
20        (3) Each oversize permit or oversize and overweight permit shall be carried in the vehicle
21    or combination of vehicles to which it refers and shall be available for inspection by any peace
22    officer, special function officer, or other personnel authorized by the department.
23        (4) A permit under this section may not be issued or is not valid unless the vehicle or
24    combination of vehicles is:
25        (a) properly registered for the weight authorized by the permit; or
26        (b) registered for a gross laden weight of 78,001 pounds or over, if the gross laden weight
27    authorized by the permit exceeds 80,000 pounds.
28        (5) (a) (i) An oversize permit may be issued under this section for a vehicle or combination
29    of vehicles that exceeds one or more of the maximum width, height, or length provisions under
30    Section 27-12-149.
31        (ii) Except for an annual oversize permit for an implement of husbandry under Section

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1    27-12-148.5, only a single trip oversize permit may be issued for a vehicle or combination of
2    vehicles that is more than 14 feet six inches wide, 14 feet high, or 105 feet long.
3        (b) The fee is $25 for a single trip oversize permit under this subsection. This permit is
4    valid for not more than 96 continuous hours.
5        (c) The fee is $60 for a semiannual oversize permit under this subsection. This permit is
6    valid for not more than 180 continuous days.
7        (d) The fee is $75 for an annual oversize permit under this subsection. This permit is valid
8    for not more than 365 continuous days.
9        (6) (a) An oversize and overweight permit may be issued under this section for a vehicle
10    or combination of vehicles carrying a nondivisible load that exceeds one or more of the maximum
11    weight provisions of Section 27-12-151 by not more than 25%, except that the gross weight may
12    not exceed 125,000 pounds.
13        (b) The fee is $50 for a single trip oversize and overweight permit under this subsection.
14    This permit is valid for not more than 96 continuous hours.
15        (c) A semiannual oversize and overweight permit under this subsection is valid for not
16    more than 180 continuous days. The fee for this permit is:
17        (i) $150 for a vehicle or combination of vehicles with gross vehicle weight of more than
18    80,000 pounds, but not exceeding 84,000 pounds;
19        (ii) $260 for a vehicle or combination of vehicles with gross vehicle weight of more than
20    84,000 pounds, but not exceeding 112,000 pounds; and
21        (iii) $350 for a vehicle or combination of vehicles with gross vehicle weight of more than
22    112,000 pounds, but not exceeding 125,000 pounds.
23        (d) An annual oversize and overweight permit under this subsection is valid for not more
24    than 365 continuous days. The fee for this permit is:
25        (i) $200 for a vehicle or combination of vehicles with gross vehicle weight of more than
26    80,000 pounds, but not exceeding 84,000 pounds;
27        (ii) $400 for a vehicle or combination of vehicles with gross vehicle weight of more than
28    84,000 pounds, but not exceeding 112,000 pounds; and
29        (iii) $450 for a vehicle or combination of vehicles with gross vehicle weight of more than
30    112,000 pounds, but not exceeding 125,000 pounds.
31        (7) (a) A single trip oversize and overweight permit may be issued under this section for

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1    a vehicle or combination of vehicles carrying a nondivisible load that exceed one or more of the
2    maximum weight provisions of Section 27-12-151 by more than 25% or that exceeds a gross
3    weight of 125,000 pounds.
4        (b) (i) The fee for a single trip oversize and overweight permit under this subsection,
5    which is valid for not more than 96 continuous hours, is $.01 per mile for each 1,000 pounds above
6    80,000 pounds subject to the rounding described in Subsection (7)(c).
7        (ii) The minimum fee that may be charged under this subsection is $65.
8        (iii) The maximum fee that may be charged under this subsection is $450.
9        (c) (i) The miles used to calculate the fee under this subsection shall be rounded up to the
10    nearest 50 mile increment.
11        (ii) The pounds used to calculate the fee under this subsection shall be rounded up to the
12    nearest 25,000 pound increment.
13        (8) (a) [An] Except as provided in Subsection (8)(b), an oversize and overweight permit
14    may be issued under this section for a vehicle or combination of vehicles carrying a divisible load
15    if:
16        (i) the bridge formula under Subsection 27-12-151(3) is not exceeded; and
17        (ii) the length of the vehicle or combination of vehicles is:
18        (A) more than 65 feet but not exceeding 92 feet and the application is for a single trip or
19    semiannual trip permit; or
20        (B) more than 92 feet but not exceeding 105 feet and the application is for an annual trip
21    permit.
22        (b) Until h [ January 1, 2002 ] DECEMBER 31, 2000 h , a permit issued under Subsection (8)(a)
22a    may not be used and
23    is not valid on Interstate 15 h [ within a county with a total population of 700,000 or more ] BETWEEN
23a     EXITS 302 AND 316 h , unless the
24    length of the vehicle or combination of vehicles does not exceed 98 feet.
25        [(b)] (c) The fee is $50 for a single trip oversize and overweight permit under this
26    subsection. The permit is valid for not more than 96 continuous hours.
27        [(c)] (d) The fee for a semiannual oversize and overweight permit under this subsection,
28    which permit is valid for not more than 180 continuous days is:
29        (i) $150 for a vehicle or combination of vehicles with gross vehicle weight of more than
30    80,000 pounds, but not exceeding 84,000 pounds;
31        (ii) $260 for a vehicle or combination of vehicles with gross vehicle weight of more than

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lilac-February 27, 1998


1    84,000 pounds, but not exceeding 112,000 pounds; and
2        (iii) $350 for a vehicle or combination of vehicles with gross vehicle weight of more than
3    112,000 pounds, but not exceeding 129,000 pounds.
4        [(d)] (e) The fee for an annual oversize and overweight permit under this subsection, which
5    permit is valid for not more than 365 continuous days is:
6        (i) $200 for a vehicle or combination of vehicles with gross vehicle weight of more than
7    80,000 pounds, but not exceeding 84,000 pounds;
8        (ii) $400 for a vehicle or combination of vehicles with gross vehicle weight of more than
9    84,000 pounds, but not exceeding 112,000 pounds; and
10        (iii) $450 for a vehicle or combination of vehicles with gross vehicle weight of more than
11    112,000 pounds, but not exceeding 129,000 pounds.
12        (9) Permits under Subsections (7) and (8) may be issued only upon authorization of the
13    commission.
14        (10) Permit fees collected under this section shall be credited monthly to the
15    Transportation Fund.
16        (11) The department shall prepare maps, drawings, and instructions as guidance when
17    issuing permits under this section.
18        (12) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
19    department shall make rules governing the issuance and revocation of all permits under this section
20    and Section 27-12-148.5.
21        (13) Any person who violates any of the terms or conditions of a permit issued under this
22    section:
23        (a) may have his permit revoked; and
24        (b) is guilty of a class B misdemeanor.
25        Section 2. Effective date.
26        If approved by two-thirds of all the members elected to each house, this act takes effect
27    upon approval by the governor, or the day following the constitutional time limit of Utah
28    Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
29    date of veto override.


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Legislative Review Note
    as of 1-26-98 10:41 AM


A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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