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H.B. 76 Enrolled

                 

MULTISTATE HIGHWAY TRANSPORTATION

                 
AGREEMENT MODIFICATIONS

                 
2001 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Don E. Bush

                  This act modifies the Motor Vehicle Code by amending the Multistate Highway
                  Transportation Agreement. The act repeals the sunset provision of the Multistate Highway
                  Transportation Agreement.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      41-23-2, as enacted by Chapter 179, Laws of Utah 1981
                      63-55-241, as last amended by Chapter 52, Laws of Utah 2000
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 41-23-2 is amended to read:
                       41-23-2. Text.
                      The text of this agreement is as follows:
                 
MULTISTATE HIGHWAY TRANSPORTATION AGREEMENT

                      Pursuant to and in conformity with the laws of their respective jurisdictions, the
                  participating jurisdictions, acting by and through their officials lawfully authorized to execute this
                  agreement, do mutually agree as follows:
                 
ARTICLE I

                 
Findings and Purposes

                      Section 1. Findings. The participating jurisdictions find that:
                      (a) The expanding regional economy depends on expanding transportation capacity;
                      (b) Highway transportation is the major mode for movement of people and goods in the
                  western states;
                      (c) Uniform application in the West of more adequate vehicle size and weight standards
                  will result in a reduction of pollution, congestion, fuel consumption, and related transportation
                  costs, which are necessary to permit increased productivity;


                      (d) A number of western states, already having adopted substantially the 1964 Bureau of
                  Public Roads recommended vehicle size and weight standards, still find current federal limits more
                  restrictive; and
                      [(e) The 1974 revision of federal law (23 U.S.C. 127) did not contain any substantial
                  improvements for vehicle size and weight standards in the western states and deprives states of
                  interstate matching money if vehicle weights and widths are increased, even though the interstate
                  system is nearly 92% complete; and]
                      [(f)] (e) The participating jurisdictions are most capable of developing vehicle size and
                  weight standards most appropriate for their economy and transportation requirements, consistent
                  with and in recognition of principles of highway safety.
                      Section 2. Purposes. The purposes of this agreement are to:
                      (a) Adhere to the principle that each participating jurisdiction should have the freedom to
                  develop vehicle size and weight standards that it determines to be most appropriate to its economy
                  and highway system.
                      (b) Establish a system recommending the operation of vehicles traveling between two or
                  more participating jurisdictions at more adequate size and weight standards.
                      (c) Promote uniformity among participating jurisdictions in vehicle size and weight
                  standards on the basis of the objectives set forth in this agreement.
                      (d) Secure uniformity insofar as possible, of administrative procedures in the enforcement
                  of recommended vehicle size and weight standards.
                      (e) Provide means for the encouragement and utilization of research which will facilitate the
                  achievement of the foregoing purposes, with due regard for the findings set forth in section 1 of this
                  article.
                      (f) Study and recommend appropriate highway user fees.
                      (g) Facilitate communication between legislators, state transportation administrators, and
                  commercial industry representatives in addressing the emerging highway transportation issues in
                  participating jurisdictions.
                 
ARTICLE II


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Definitions

                      Section 1. As used in this agreement:
                      (a) "Cooperating Committee" means a body composed of the designated representatives                   from
                  the participating jurisdictions.
                      [(a)] (b) "Designated representative" means a legislator or other person authorized under
                  Article XII to represent the jurisdiction.
                      [(b)] (c) "Jurisdiction" means a state of the United States or the District of Columbia.
                      [(c)] (d) "Vehicle" means any vehicle as defined by statute to be subject to size and weight
                  standards which operates in two or more participating jurisdictions.
                 
ARTICLE III

                 
General Provisions

                      Section 1. Qualifications for Membership. Participation in this agreement is open to
                  jurisdictions which subscribe to the findings, purposes, and objectives of this agreement and will
                  seek legislation necessary to accomplish these objectives.
                      Section 2. Cooperation. The participating jurisdictions, working through their designated
                  representatives, shall cooperate and assist each other in achieving the desired goals of this agreement
                  pursuant to appropriate statutory authority.
                      Section 3. Effect of Headings. Article and section headings contained herein shall not be
                  deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the
                  provisions of any article or section hereof.
                      Section 4. Vehicle Laws and Regulations. This agreement shall not authorize the operation
                  of a vehicle in any participating jurisdiction contrary to the laws or regulations thereof.
                      Section 5. Interpretation. The final decision regarding interpretation of questions at issue
                  relating to this agreement shall be reached by unanimous joint action of the participating
                  jurisdictions, acting through the designated representatives. Results of all such actions shall be
                  placed in writing.
                      Section 6. Amendment. This agreement may be amended by unanimous joint action of the
                  participating jurisdictions, acting through the officials thereof authorized to enter into this agreement,

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                  subject to the requirements of section 4, article III. Any amendment shall be placed in writing and
                  become a part hereof.
                      Section 7. Restrictions, Conditions or Limitations. Any jurisdiction entering this agreement
                  shall provide each other participating jurisdiction with a list of any restriction, condition or limitation
                  on the general terms of this agreement, if any.
                      Section 8. Additional Jurisdictions. Additional jurisdictions may become members of this
                  agreement by signing and accepting the terms of the agreement.
                 
ARTICLE IV

                 
Cooperating Committee

                      Section 1. Each participating jurisdiction shall have two designated representatives. Pursuant
                  to section 2, article III, the designated representatives of the participating jurisdictions shall
                  constitute [a committee] the Cooperating Committee which shall have the power to:
                      (a) Collect, correlate, analyze, and evaluate information resulting or derivable from research
                  and testing activities in relation to vehicle size and weight related matters.
                      (b) Recommend and encourage the undertaking of research and testing in any aspect of
                  vehicle size and weight or related matter when, in their collective judgment, appropriate or sufficient
                  research or testing has not been undertaken.
                      (c) Recommend changes in law or policy with emphasis on compatibility of laws and
                  uniformity of administrative rules or regulations which would promote effective governmental action
                  or coordination in the field of vehicle size and weight related matters.
                      (d) Recommend improvements in highway operations, in vehicular safety, and in state
                  administration of highway transportation laws.
                      (e) Perform functions necessary to facilitate the purposes of this agreement.
                      Section 2. Each designated representative of a participating jurisdiction shall be entitled to
                  one vote only. No action of the committee shall be [binding] approved unless a majority of the total
                  number of votes cast by the designated representatives of the participating jurisdictions are in favor
                  [thereof] of the action.
                      Section 3. The committee shall meet at least once annually and shall elect, from among its

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                  members, a chairman, a vice-chairman, and a secretary.
                      Section 4. The committee shall submit annually to the legislature of each participating
                  jurisdiction[, no later than November 1st,] a report setting forth the work of the committee during
                  the preceding year and including recommendations developed by the committee. The committee may
                  submit such additional reports as it deems appropriate or desirable. [Copies of all such reports shall
                  be made available to the Transportation Committee of the Western Conference, Council of State
                  Governments, and to the Western Association of State Highway and Transportation Officials.]
                 
ARTICLE V

                 
Objectives of the Participating Jurisdictions

                      Section 1. Objectives. The participating jurisdictions hereby declare that:
                      (a) It is the objective of the participating jurisdictions to obtain more efficient and more
                  economical transportation by motor vehicles between and among the participating jurisdictions by
                  encouraging the adoption of standards that will, as minimums, allow the operation on all state
                  highways, except those determined through engineering evaluation to be inadequate, with a
                  single-axle weight of 20,000 pounds, a tandem-axle weight of 34,000 pounds, and a gross vehicle
                  or combination weight not in excess of that resulting from application of the formula:
                 
[W = 500((LN/N - 1) + 12N + 36)] W=500 {LN/(N-1) + 12N+36}

                  where W = maximum weight in pounds carried on any group of two or more consecutive axles
                  computed to nearest 500 pounds.
                      L = distance in feet between the extremes of any group of two or more consecutive axles.
                      N = number of axles in group under consideration.
                      (b) It is the further objective of the participating jurisdictions that [in the event] the operation
                  of a vehicle or combination of vehicles in interstate commerce according to the provisions of
                  subsection (a) of this section [would result in withholding or forfeiture of federal-aid funds pursuant
                  to Section 127, Title 23, U.S. Code, the operation of such vehicle or combination of vehicles at axle
                  and gross weights within the limits set forth in subsection (a) of this section will] be authorized
                  under special permit authority by each participating jurisdiction [which could legally issue such
                  permits prior to July 1, 1956, provided all regulations and procedures related to such issuance in

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                  effect as of July 1, 1956, are adhered to.] for vehicle combinations in excess of statutory weights of
                  80,000 pounds or statutory lengths.
                      [(c) The objectives of subsections (a) and (b) of this section relate to vehicles or
                  combinations of vehicles in regular operation, and the authority of any participating jurisdiction to
                  issue special permits for the movement of any vehicle or combinations of vehicles having
                  dimensions and/or weights in excess of the maximum statutory limits in each participating
                  jurisdiction will not be affected.]
                      [(d)] (c) It is the further objective of the participating jurisdictions to facilitate and expedite
                  the operation of any vehicle or combination of vehicles between and among the participating
                  jurisdictions under the provisions of subsection (a) or (b) of this section, and to that end the
                  participating jurisdictions hereby agree, through their designated representatives, to meet and
                  cooperate in the consideration of vehicle size and weight related matters including, but not limited
                  to, the development of: uniform enforcement procedures; additional vehicle size and weight
                  standards; operational standards; agreements or compacts to facilitate regional application and
                  administration of vehicle size and weight standards; uniform permit procedures; uniform application
                  forms; rules and regulations for the operation of vehicles, including equipment requirements, driver
                  qualifications, and operating practices; and such other matters as may be pertinent.
                      [(e)] (d) [In recognition of the limited prospects of federal revision of Section 127, Title 23,
                  U.S. Code, and in order to protect participating jurisdictions against any possibility of withholding
                  or forfeiture of federal-aid highway funds, it is the further objective of the participating jurisdictions
                  to] The Cooperating Committee may recommend that the participating jurisdictions jointly secure
                  congressional approval of this agreement and, specifically of the vehicle size and weight standards
                  set forth in subsection (a) of this section.
                      [(f) In recognition of desire for a degree of national uniformity of size and weight
                  regulations, it is the further objective to encourage development of broad, uniform size, and weight
                  standards on a national basis, and further that procedures adopted under this agreement be
                  compatible with national standards.]
                      (e) It is the further objective of the participating jurisdictions to:

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                      (1) Establish transportation laws and regulations to meet regional and economic needs and
                  to promote an efficient, safe, and compatible transportation network;
                      (2) Develop standards that facilitate the most efficient and environmentally sound operation
                  of vehicles on highways, consistent with and in recognition of principles of highway safety; and
                      (3) Establish programs to increase productivity and reduce congestion, fuel consumption,
                  and related transportation costs and enhance air quality through the uniform application of state
                  vehicle regulations and laws.
                 
ARTICLE VI

                 
Entry Into Force and Withdrawal

                      Section 1. This agreement shall enter into force when enacted into law by any two or more
                  jurisdictions. Thereafter, this agreement shall become effective as to any other jurisdiction upon its
                  enactment thereof, except as otherwise provided in section 8, article III.
                      Section 2. Any participating jurisdiction may withdraw from this agreement by cancelling
                  the same but no such withdrawal shall take effect until 30 days after the designated representative
                  of the withdrawing jurisdiction has given notice in writing of the withdrawal to all other participating
                  jurisdictions.
                 
ARTICLE VII

                 
Construction and Severability

                      Section 1. This agreement shall be liberally construed so as to effectuate the purposes thereof.
                      Section 2. The provisions of this agreement shall be severable and if any phrase, clause,
                  sentence or provision of this agreement is declared to be contrary to the constitution of any
                  participating jurisdiction or the applicability thereto to any government, agency, person or
                  circumstance is held invalid, the validity of the remainder of this agreement shall not be affected
                  thereby. If this agreement shall be held contrary to the constitution of any jurisdiction participating
                  herein, the agreement shall remain in full force and effect as to the jurisdictions affected as to all
                  severable matters.
                 
ARTICLE VIII

                 
Filing of Documents


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                      Section 1. A copy of this agreement, its amendments, and rules or regulations adopted
                  thereunder and interpretations thereof shall be filed in the highway department in each participating
                  jurisdiction and shall be made available for review by interested parties.
                 
ARTICLE IX

                 
Existing Statutes Not Repealed

                      Section 1. All existing statutes prescribing weight and size standards and all existing statutes
                  relating to special permits shall continue to be of force and effect until amended or repealed by law.
                 
ARTICLE X

                 
State Government Departments

                 
Authorized to Cooperate with Cooperating Committee

                      Section 1. Within appropriations available therefor, the departments, agencies and officers
                  of the government of this state shall cooperate with and assist the Cooperating Committee within the
                  scope contemplated by article IV, section 1 (a) and (b) of the agreement. The departments, agencies
                  and officers of the government of this state are authorized generally to cooperate with said
                  Cooperating Committee.
                 
ARTICLE XI

                 
Funding Section

                      Section 1. Funds for the administration of this agreement, including participation in the
                  Cooperating Committee and the actual expenses of the designated representatives, shall be budgeted
                  or expensed as determined appropriate.
                 
ARTICLE XII

                 
Selection of Designated Representatives

                      Section 1. The process for selecting the designated representatives to the Cooperating
                  Committee shall be established by law under this section.
                      Section 2. The persons authorized to represent the state of Utah as the designated
                  representatives to the committee shall be the chairperson of the Senate Transportation Committee
                  and the chairperson of the House Transportation Committee or a legislator or a state agency official
                  that the chairperson assigns.

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                      Section 3. The transportation chairpersons in each house shall also designate one alternative
                  designated representative who shall also be a legislator or state agency official to serve in their
                  absence.
                      Section 2. Section 63-55-241 is amended to read:
                       63-55-241. Repeal dates, Title 41.
                      The following provisions of Title 41 are repealed on the following dates:
                      [(1)] Title 41, Chapter 12a, Part VIII, Uninsured Motorist Identification Database Program,
                  is repealed July 1, 2010.
                      [(2) The Multistate Highway Transportation Cooperating Committee, created in Article IV
                  of Section 41-23-2 , is repealed July 1, 2002.]

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