H.B. 253

1

MOTOR CARRIER PERMIT FEE AMENDMENTS
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Todd E. Kiser
5 Senate Sponsor: Kevin T. Van Tassell
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Protection of Highways Act by amending the fee for oversize and
10 overweight permits.
11 Highlighted Provisions:
12 This bill:
13 . increases fees for oversize and overweight permits;
14 . repeals the requirement that certain permits may be issued only upon authorization
15 of the commission; and
16 . makes technical changes.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 72-7-406, as last amended by Laws of Utah 2008, Chapters 305 and 382
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 72-7-406 is amended to read:
27 72-7-406. Oversize permits and oversize and overweight permits for vehicles of

28 excessive size or weight -- Applications -- Restrictions -- Fees -- Rulemaking provisions --
29 Penalty.
30 (1) (a) The department may, upon receipt of an application and good cause shown,
31 issue in writing an oversize permit or an oversize and overweight permit. The oversize permit
32 or oversize and overweight permit may authorize the applicant to operate or move upon a
33 highway:
34 (i) a vehicle or combination of vehicles, unladen or with a load weighing more than the
35 maximum weight specified in Section 72-7-404 for any wheel, axle, group of axles, or total
36 gross weight; or
37 (ii) a vehicle or combination of vehicles that exceeds the vehicle width, height, or
38 length provisions under Section 72-7-402 .
39 (b) Except as provided under Subsection (8), an oversize and overweight permit may
40 not be issued under this section to allow the transportation of a load that is reasonably divisible.
41 (c) The maximum size or weight authorized by a permit under this section shall be
42 within limits that do not impair the state's ability to qualify for federal-aid highway funds.
43 (d) The department may deny or issue a permit under this section to protect the safety
44 of the traveling public and to protect highway foundation, surfaces, or structures from undue
45 damage by one or more of the following:
46 (i) limiting the number of trips the vehicle may make;
47 (ii) establishing seasonal or other time limits within which the vehicle may operate or
48 move on the highway indicated;
49 (iii) requiring security in addition to the permit to compensate for any potential damage
50 by the vehicle to any highway; and
51 (iv) otherwise limiting the conditions of operation or movement of the vehicle.
52 (e) Prior to granting a permit under this section, the department shall approve the route
53 of any vehicle or combination of vehicles.
54 (2) An application for a permit under this section shall state:
55 (a) the proposed maximum wheel loads, maximum axle loads, all axle spacings of each
56 vehicle or combination of vehicles;
57 (b) the proposed maximum load size and maximum size of each vehicle or
58 combination of vehicles;

59 (c) the specific roads requested to be used under authority of the permit; and
60 (d) if the permit is requested for a single trip or if other seasonal limits or time limits
61 apply.
62 (3) Each oversize permit or oversize and overweight permit shall be carried in the
63 vehicle or combination of vehicles to which it refers and shall be available for inspection by
64 any peace officer, special function officer, port of entry agent, or other personnel authorized by
65 the department.
66 (4) A permit under this section may not be issued or is not valid unless the vehicle or
67 combination of vehicles is:
68 (a) properly registered for the weight authorized by the permit; or
69 (b) registered for a gross laden weight of 78,001 pounds or over, if the gross laden
70 weight authorized by the permit exceeds 80,000 pounds.
71 (5) (a) (i) An oversize permit may be issued under this section for a vehicle or
72 combination of vehicles that exceeds one or more of the maximum width, height, or length
73 provisions under Section 72-7-402 .
74 (ii) Except for an annual oversize permit for an implement of husbandry under Section
75 72-7-407 or for an annual oversize permit issued under Subsection (5)(a)(iii), only a single trip
76 oversize permit may be issued for a vehicle or combination of vehicles that is more than 14 feet
77 6 inches wide, 14 feet high, or 105 feet long.
78 (iii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
79 the department shall make rules for the issuance of an annual oversize permit for a vehicle or
80 combination of vehicles that is more than 14 feet 6 inches wide, 14 feet high, or 105 feet long
81 if the department determines that the permit is needed to accommodate highway transportation
82 needs for multiple trips on a specified route.
83 (b) The fee is [$25] $30 for a single trip oversize permit under this Subsection (5).
84 This permit is valid for not more than 96 continuous hours.
85 (c) The fee is [$60] $75 for a semiannual oversize permit under this Subsection (5).
86 This permit is valid for not more than 180 continuous days.
87 (d) The fee is [$75] $90 for an annual oversize permit under this Subsection (5). This
88 permit is valid for not more than 365 continuous days.
89 (6) (a) An oversize and overweight permit may be issued under this section for a

90 vehicle or combination of vehicles carrying a nondivisible load that exceeds one or more of the
91 maximum weight provisions of Section 72-7-404 [by not more than 25%, except that the gross
92 weight may not exceed] up to a gross weight of 125,000 pounds.
93 (b) The fee is [$50] $60 for a single trip oversize and overweight permit under this
94 Subsection (6). This permit is valid for not more than 96 continuous hours.
95 (c) A semiannual oversize and overweight permit under this Subsection (6) is valid for
96 not more than 180 continuous days. The fee for this permit is:
97 (i) [$150] $180 for a vehicle or combination of vehicles with gross vehicle weight of
98 more than 80,000 pounds, but not exceeding 84,000 pounds;
99 (ii) [$260] $320 for a vehicle or combination of vehicles with gross vehicle weight of
100 more than 84,000 pounds, but not exceeding 112,000 pounds; and
101 (iii) [$350] $420 for a vehicle or combination of vehicles with gross vehicle weight of
102 more than 112,000 pounds, but not exceeding 125,000 pounds.
103 (d) An annual oversize and overweight permit under this Subsection (6) is valid for not
104 more than 365 continuous days. The fee for this permit is:
105 (i) [$200] $240 for a vehicle or combination of vehicles with gross vehicle weight of
106 more than 80,000 pounds, but not exceeding 84,000 pounds;
107 (ii) [$400] $480 for a vehicle or combination of vehicles with gross vehicle weight of
108 more than 84,000 pounds, but not exceeding 112,000 pounds; and
109 (iii) [$450] $540 for a vehicle or combination of vehicles with gross vehicle weight of
110 more than 112,000 pounds, but not exceeding 125,000 pounds.
111 (7) (a) A single trip oversize and overweight permit may be issued under this section
112 for a vehicle or combination of vehicles carrying a nondivisible load that exceeds:
113 (i) one or more of the maximum weight provisions of Section 72-7-404 [by more than
114 25% or that exceeds]; or
115 (ii) a gross weight of 125,000 pounds.
116 (b) (i) The fee for a single trip oversize and overweight permit under this Subsection
117 (7), which is valid for not more than 96 continuous hours, is [$.01] $.012 per mile for each
118 1,000 pounds above 80,000 pounds subject to the rounding described in Subsection (7)(c).
119 (ii) The minimum fee that may be charged under this Subsection (7) is [$65] $80.
120 (iii) The maximum fee that may be charged under this Subsection (7) is [$450] $540.

121 (c) (i) The miles used to calculate the fee under this Subsection (7) shall be rounded up
122 to the nearest 50 mile increment.
123 (ii) The pounds used to calculate the fee under this Subsection (7) shall be rounded up
124 to the nearest 25,000 pound increment.
125 (iii) The dollar amount used to calculate the fee under this Subsection (7) shall be
126 rounded to the nearest $10 increment.
127 (8) (a) An oversize and overweight permit may be issued under this section for a
128 vehicle or combination of vehicles carrying a divisible load if:
129 (i) the bridge formula under Subsection 72-7-404 (3) is not exceeded; and
130 (ii) the length of the vehicle or combination of vehicles is:
131 (A) more than the limitations specified under Subsections 72-7-402 (4)(c) and (d) but
132 not exceeding 81 feet in cargo carrying length and the application is for a single trip,
133 semiannual trip, or annual trip permit; or
134 (B) more than 81 feet in cargo carrying length but not exceeding 95 feet in cargo
135 carrying length and the application is for an annual trip permit.
136 (b) The fee is [$50] $60 for a single trip oversize and overweight permit under this
137 Subsection (8). The permit is valid for not more than 96 continuous hours.
138 (c) The fee for a semiannual oversize and overweight permit under this Subsection (8),
139 which permit is valid for not more than 180 continuous days is:
140 (i) [$150] $180 for a vehicle or combination of vehicles with gross vehicle weight of
141 more than 80,000 pounds, but not exceeding 84,000 pounds;
142 (ii) [$260] $320 for a vehicle or combination of vehicles with gross vehicle weight of
143 more than 84,000 pounds, but not exceeding 112,000 pounds; and
144 (iii) [$350] $420 for a vehicle or combination of vehicles with gross vehicle weight of
145 more than 112,000 pounds, but not exceeding 129,000 pounds.
146 (d) The fee for an annual oversize and overweight permit under this Subsection (8),
147 which permit is valid for not more than 365 continuous days is:
148 (i) [$200] $240 for a vehicle or combination of vehicles with gross vehicle weight of
149 more than 80,000 pounds, but not exceeding 84,000 pounds;
150 (ii) [$400] $480 for a vehicle or combination of vehicles with gross vehicle weight of
151 more than 84,000 pounds, but not exceeding 112,000 pounds; and

152 (iii) [$450] $540 for a vehicle or combination of vehicles with gross vehicle weight of
153 more than 112,000 pounds, but not exceeding 129,000 pounds.
154 [(9) Permits under Subsections (7) and (8) may be issued only upon authorization of
155 the commission.]
156 [(10)] (9) Permit fees collected under this section shall be credited monthly to the
157 Transportation Fund.
158 [(11)] (10) The department shall prepare maps, drawings, and instructions as guidance
159 when issuing permits under this section.
160 [(12)] (11) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
161 Act, the department shall make rules governing the issuance and revocation of all permits
162 under this section and Section 72-7-407 .
163 [(13)] (12) Any person who violates any of the terms or conditions of a permit issued
164 under this section:
165 (a) may have the person's permit revoked; and
166 (b) is guilty of a class B misdemeanor, except that a violation of any rule made under
167 Subsection [(12)] (11) is not subject to a criminal penalty.




Legislative Review Note
as of 1-20-09 3:53 PM

Office of Legislative Research and General Counsel