By: Ogden S.B. No. 886
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to motor vehicle size and weight limitations; providing
1-3 penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 621.001, Transportation Code, is amended
1-6 by adding Subdivisions (10) and (11) to read as follows:
1-7 (10) "Single axle weight" means the total weight
1-8 transmitted to the road by all wheels whose centers may be included
1-9 between two parallel transverse vertical planes 40 inches apart,
1-10 extending across the full width of the vehicle.
1-11 (11) "Tandem axle weight" means the total weight
1-12 transmitted to the road by two or more consecutive axles whose
1-13 centers may be included between parallel transverse vertical planes
1-14 spaced more than 40 inches and not more than 96 inches apart,
1-15 extending across the full width of the vehicle.
1-16 SECTION 2. Section 621.101, Transportation Code, is amended
1-17 to read as follows:
1-18 Sec. 621.101. MAXIMUM WEIGHT OF VEHICLE OR COMBINATION
1-19 [LOAD]. (a) A vehicle or combination of vehicles may not be
1-20 operated over or on a public highway [outside the territory of a
1-21 municipality, over or on a state-maintained public highway inside
1-22 the territory of a municipality,] or at a port-of-entry between
1-23 Texas and the United Mexican States if the vehicle or combination
1-24 has:
1-25 (1) a single [an] axle weight [that carries a load]
2-1 heavier than 20,000 pounds[:]
2-2 [(A) 16,000 pounds on high-pressure tires; or]
2-3 [(B) 20,000 pounds on low-pressure tires],
2-4 including all enforcement tolerances;
2-5 (2) a tandem axle weight heavier than 34,000 pounds,
2-6 including all enforcement tolerances;
2-7 (3) an overall gross weight on a group of two or more
2-8 consecutive axles heavier than the weight computed using the
2-9 following formula and rounding the result to the nearest 500
2-10 pounds:
2-11 W = 500((LN/(N - 1)) + 12N + 36)
2-12 where:
2-13 "W" is maximum overall gross weight on the group;
2-14 "L" is distance in feet between the axles of the group that
2-15 are the farthest apart; and
2-16 "N" is number of axles in the group; or
2-17 (4) tires that carry a weight heavier than the weight
2-18 specified and marked on the sidewall of the tire, unless the
2-19 vehicle is being operated under the terms of a special permit[:]
2-20 [(A) 600 pounds for each inch of tire width
2-21 concentrated on the surface of the highway on a wheel using
2-22 high-pressure tires; or]
2-23 [(B) 650 pounds for each inch of tire width
2-24 concentrated on the surface of the highway on a wheel using
2-25 low-pressure tires; or]
2-26 [(5) a wheel that carries a load heavier than:]
3-1 [(A) 8,000 pounds on high-pressure tires; or]
3-2 [(B) 10,000 pounds on low-pressure tires].
3-3 (b) Notwithstanding Subsection (a)(3), two consecutive sets
3-4 of tandem axles may carry a gross weight [load] of not more than
3-5 34,000 pounds each if the overall distance between the first and
3-6 last axles of the consecutive sets is 36 feet or more. The overall
3-7 gross weight on a group of two or more consecutive axles may not be
3-8 heavier than 80,000 pounds, including all enforcement tolerances,
3-9 regardless of tire ratings, axle spacing (bridge), and number of
3-10 axles.
3-11 (c) This section does not:
3-12 (1) authorize size or weight limits on the national
3-13 system of interstate and defense highways in this state greater
3-14 than those permitted under 23 U.S.C. Section 127, as amended; or
3-15 (2) prohibit the operation of a vehicle or combination
3-16 of vehicles that could be lawfully operated on a highway or road of
3-17 this state on December 16, 1974.
3-18 [(d) For the purposes of this section, the load carried on
3-19 an axle is the total load transmitted to the road by all wheels the
3-20 centers of which can be included between two parallel transverse
3-21 vertical planes 40 inches apart, extending across the full width of
3-22 the vehicle.]
3-23 SECTION 3. Subsections (a) and (e), Section 621.102,
3-24 Transportation Code, are amended to read as follows:
3-25 (a) The commission may set the maximum single axle weight,
3-26 tandem axle weight, or gross weight of a vehicle [and its load], or
4-1 maximum single axle weight, tandem axle weight, or gross weight of
4-2 a combination of vehicles and loads, [maximum axle load, or maximum
4-3 wheel load] that may be moved over a state highway or a farm or
4-4 ranch road if the commission finds that heavier maximum weight
4-5 would rapidly deteriorate or destroy the road or a bridge or
4-6 culvert along the road. A maximum weight [or load] set under this
4-7 subsection may not exceed the maximum set by statute for that
4-8 weight [or load].
4-9 (e) A vehicle operating under a permit issued under Section
4-10 623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192, or
4-11 623.212 may operate under the conditions authorized by the permit
4-12 over a road for which the commission has set a maximum weight under
4-13 this section. [This section does not affect a law that authorizes
4-14 or provides for a special permit for a weight heavier than the
4-15 maximum weight provided by law.]
4-16 SECTION 4. Subsections (a) and (b), Section 621.204,
4-17 Transportation Code, are amended to read as follows:
4-18 (a) A semitrailer that is operated in a truck-tractor and
4-19 semitrailer combination may not be longer than 59 feet, excluding
4-20 the length of the towing device.
4-21 (b) A semitrailer or trailer that is operated in a
4-22 truck-tractor, semitrailer, and trailer combination may not be
4-23 longer than 28 1/2 feet, excluding the length of the towing device.
4-24 SECTION 5. Section 621.206, Transportation Code, is amended
4-25 to read as follows:
4-26 Sec. 621.206. MAXIMUM EXTENDED LENGTH OF LOAD. (a) A
5-1 vehicle or combination of vehicles may not carry a load that
5-2 extends more than three feet beyond its front or, except as
5-3 permitted by other law, more than four feet beyond its rear.
5-4 (b) [(c)] Subsection (a) does not apply to vehicles
5-5 collecting garbage, rubbish, refuse, or recyclable materials which
5-6 are equipped with front-end loading attachments and containers
5-7 provided that the vehicle is actively engaged in the collection of
5-8 garbage, rubbish, refuse, or recyclable materials.
5-9 SECTION 6. Subsection (e), Section 621.301, Transportation
5-10 Code, is amended to read as follows:
5-11 (e) A vehicle operating under a permit issued under Section
5-12 623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192, or
5-13 623.212 may operate under the conditions authorized by the permit
5-14 over a road for which the commissioners court has set a maximum
5-15 weight under this section. [This section does not affect a law that
5-16 authorizes or provides for special permits for a weight heavier
5-17 than the maximum weight provided by law.]
5-18 SECTION 7. Section 621.402, Transportation Code, is amended
5-19 by amending Subsection (a) and adding Subsection (c) to read as
5-20 follows:
5-21 (a) A weight enforcement officer who has reason to believe
5-22 that the single axle weight, tandem axle weight, or gross weight
5-23 [or axle load] of a loaded motor vehicle is unlawful may:
5-24 (1) weigh the vehicle using portable or stationary
5-25 scales furnished or approved by the Department of Public Safety; or
5-26 (2) require the vehicle to be weighed by a public
6-1 weigher.
6-2 (c) Prior to assessment of a penalty for weight which
6-3 exceeds the maximum allowable axle weights, the owner or operator
6-4 is authorized to shift the load to reduce or eliminate such excess
6-5 axle weight penalties as long as no part of the shipment is
6-6 removed.
6-7 SECTION 8. Section 621.404, Transportation Code, is amended
6-8 to read as follows:
6-9 Sec. 621.404. UNLOADING VEHICLE IF AXLE WEIGHT [LOAD]
6-10 EXCEEDED. (a) If the axle weight [load] of a motor vehicle
6-11 weighed under Section 621.402 is heavier than the maximum axle
6-12 weight [load] authorized by law for the vehicle plus a tolerance
6-13 allowance equal to five percent of that maximum weight [load], the
6-14 weight enforcement officer shall require the operator or owner of
6-15 the vehicle to rearrange the vehicle's cargo, if possible, to bring
6-16 the vehicle's axles within the maximum axle weight [load] allowed
6-17 by law for that vehicle. If the requirement cannot be satisfied by
6-18 rearrangement of cargo, a part of the vehicle's load shall be
6-19 unloaded to decrease the axle weight [load] to a weight that is not
6-20 heavier than the maximum axle weight [load] allowed by law for the
6-21 vehicle plus the applicable tolerance allowance.
6-22 (b) The vehicle may not be operated further over the public
6-23 highways or roads of the state until the axle weight [load] of the
6-24 vehicle has been reduced as required by Subsection (a).
6-25 SECTION 9. Subsection (b), Section 621.405, Transportation
6-26 Code, is amended to read as follows:
7-1 (b) The operator of a motor vehicle may proceed to the
7-2 vehicle's destination without unloading the vehicle as required by
7-3 Section 621.403 or 621.404 if[:]
7-4 [(1)] the vehicle is loaded with livestock[; and]
7-5 [(2) the vehicle's destination is in this state].
7-6 SECTION 10. Subsection (a), Section 621.409, Transportation
7-7 Code, is amended to read as follows:
7-8 (a) A port-of-entry supervisor, an inspector employed by the
7-9 Alcoholic Beverage Commission, or a weight enforcement officer who
7-10 has reason to believe that the axle or gross weight [or axle load]
7-11 of a loaded motor vehicle is unlawful may weigh the vehicle using
7-12 portable or stationary scales furnished or approved by the
7-13 Department of Public Safety.
7-14 SECTION 11. Subsection (a), Section 621.502, Transportation
7-15 Code, is amended to read as follows:
7-16 (a) A person may not operate or move a vehicle on a highway
7-17 if:
7-18 (1) the vehicle's size is larger than the applicable
7-19 maximum size authorized for that vehicle by this subtitle;
7-20 (2) the vehicle's single axle weight, tandem axle
7-21 weight, or gross weight[, axle load, or wheel load] is greater than
7-22 the applicable weight [or load] authorized for that vehicle by this
7-23 subtitle; or
7-24 (3) the vehicle is not constructed or equipped as
7-25 required by this subtitle [chapter].
7-26 SECTION 12. Subsection (b), Section 621.503, Transportation
8-1 Code, is amended to read as follows:
8-2 (b) Intent to violate a limitation is presumed if the weight
8-3 of the loaded vehicle is heavier than the applicable axle or gross
8-4 [vehicular] weight limit [or axle load limit] by 15 percent or
8-5 more.
8-6 SECTION 13. Subsections (a), (b), (c), and (g), Section
8-7 621.506, Transportation Code, are amended to read as follows:
8-8 (a) A person commits an offense if the person:
8-9 (1) operates a vehicle or combination of vehicles in
8-10 violation of Section 621.101, 622.012, 622.031, 622.133, 622.953,
8-11 or 623.162; or
8-12 (2) loads a vehicle or causes a vehicle to be loaded
8-13 in violation of Section 621.503.
8-14 (b) An offense under this section is a misdemeanor
8-15 punishable:
8-16 (1) by a fine of not less than $100 and not more than
8-17 $150;
8-18 (2) on conviction of an offense involving a vehicle
8-19 having a single axle weight, tandem axle weight, or gross weight
8-20 that is more than 5,000 but not more than 10,000 pounds heavier
8-21 than the vehicle's allowable [gross] weight, by a fine of not less
8-22 than $300 or more than $500;
8-23 (3) on conviction of an offense involving a vehicle
8-24 having a single axle weight, tandem axle weight, or gross weight
8-25 that is more than 10,000 pounds heavier than the vehicle's
8-26 allowable [gross] weight, by a fine of not less than $500 or more
9-1 than $1,000; or
9-2 (4) on conviction before the first anniversary of the
9-3 date of a previous conviction under this section, by a fine in an
9-4 amount that is twice the amount specified by Subdivision (1), (2),
9-5 or (3).
9-6 (c) On conviction of a violation of an axle weight [load]
9-7 limitation, the court may assess a fine less than the applicable
9-8 minimum amount prescribed by Subsection (b) if the court finds that
9-9 when the violation occurred:
9-10 (1) the vehicle was registered to carry the maximum
9-11 gross weight authorized for that vehicle under Section 621.101; and
9-12 (2) the gross weight of the vehicle did not exceed
9-13 that maximum gross weight.
9-14 (g) A governmental entity that collects a fine under this
9-15 section for an offense involving a vehicle having a single axle
9-16 weight, tandem axle weight, or gross weight that is more than 5,000
9-17 pounds heavier than the vehicle's allowable [gross] weight shall
9-18 send an amount equal to 50 percent of the fine to the comptroller
9-19 unless the offense occurred within 20 miles of an international
9-20 border in which event the entire amount of the fine shall be
9-21 deposited for the purposes of road maintenance in:
9-22 (1) the municipal treasury, if the fine was imposed by
9-23 a municipal court; or
9-24 (2) the county treasury, if the fine was imposed by a
9-25 justice court.
9-26 SECTION 14. Subsection (a), Section 621.507, Transportation
10-1 Code, is amended to read as follows:
10-2 (a) A person commits an offense if the person violates a
10-3 provision of this subtitle [subchapter] for which an offense is not
10-4 specified by another section of this subtitle [subchapter].
10-5 SECTION 15. Section 621.508, Transportation Code, is amended
10-6 to read as follows:
10-7 Sec. 621.508. AFFIRMATIVE DEFENSE FOR OPERATING VEHICLE OVER
10-8 MAXIMUM ALLOWABLE AXLE WEIGHT [WITH HEAVY AXLE LOAD]. It is an
10-9 affirmative defense to prosecution of, or an action under
10-10 Subchapter F for, the offense of operating a vehicle with a single
10-11 axle weight or tandem [an] axle weight [load] heavier than the axle
10-12 weight [load] authorized by law that at the time of the offense the
10-13 vehicle:
10-14 (1) had a single axle weight or tandem [an] axle
10-15 weight that was not heavier than the axle weight [load] authorized
10-16 by law plus 12 percent;
10-17 (2) was loaded with timber, pulp wood, wood chips, or
10-18 cotton, livestock, or other agricultural products that are:
10-19 (A) in their natural state; and
10-20 (B) being transported from the place of
10-21 production to the place of first marketing or first processing;
10-22 [and]
10-23 (3) was not being operated on a portion of the
10-24 national system of interstate and defense highways; and
10-25 (4) was not being operated on a road or bridge for
10-26 which the weight limit is less than the weight specified under
11-1 Section 621.101.
11-2 SECTION 16. Section 622.012, Transportation Code, is amended
11-3 to read as follows:
11-4 Sec. 622.012. AXLE WEIGHT [AXLE-LOAD] RESTRICTIONS. (a) A
11-5 ready-mixed concrete truck may be operated on a public highway of
11-6 this state only if the tandem axle weight [load] is not heavier
11-7 than 46,000 pounds and the single axle weight [load] is not heavier
11-8 than 23,000 pounds.
11-9 (b) A truck may be operated at a weight that exceeds the
11-10 maximum single axle or tandem axle weight [load] limitation by not
11-11 more than 10 percent if the gross weight [load] is not heavier than
11-12 69,000 pounds.
11-13 SECTION 17. Subsection (a), Section 622.013, Transportation
11-14 Code, is amended to read as follows:
11-15 (a) The owner of a ready-mixed concrete truck with a tandem
11-16 axle weight [load] heavier than 34,000 pounds shall before
11-17 operating the vehicle on a public highway of this state file with
11-18 the department a surety bond subject to the approval of the
11-19 department in the principal amount set by the department not to
11-20 exceed $15,000 for each truck.
11-21 SECTION 18. Subsection (b), Section 622.014, Transportation
11-22 Code, is amended to read as follows:
11-23 (b) The rules may include weight limitations on a truck
11-24 with:
11-25 (1) a tandem axle weight [load] that is heavier than
11-26 36,000 pounds;
12-1 (2) a single axle weight [load] that is heavier than
12-2 12,000 pounds; or
12-3 (3) a gross weight [load] that is heavier than 48,000
12-4 pounds.
12-5 SECTION 19. Section 622.015, Transportation Code, is amended
12-6 to read as follows:
12-7 Sec. 622.015. LOCAL SURETY BOND. The governing body of a
12-8 county or municipality may require the owner of a ready-mixed
12-9 concrete truck to file a surety bond in an amount not to exceed
12-10 $15,000 and conditioned that the owner of the truck will pay to the
12-11 county or municipality any damage to a highway caused by the
12-12 operation of the truck with a tandem axle weight [load] that is
12-13 heavier than 34,000 pounds.
12-14 SECTION 20. Section 622.031, Transportation Code, is amended
12-15 to read as follows:
12-16 Sec. 622.031. LENGTH AND AXLE WEIGHT [AXLE-LOAD]
12-17 RESTRICTIONS. A vehicle used exclusively to transport milk may be
12-18 operated on a public highway of this state only if:
12-19 (1) the distance between the front wheel of the
12-20 forward tandem axle and the rear wheel of the rear tandem axle,
12-21 measured longitudinally, is 28 feet or more; and
12-22 (2) the weight [load] carried on any group of axles is
12-23 not heavier than 68,000 pounds.
12-24 SECTION 21. Subsection (b), Section 622.041, Transportation
12-25 Code, is amended to read as follows:
12-26 (b) [The limitation in] Subsection (a)(1) does not apply to
13-1 a truck-tractor or truck-tractor combination transporting poles,
13-2 piling, or unrefined timber.
13-3 SECTION 22. Subsection (a), Section 622.0435, Transportation
13-4 Code, is amended to read as follows:
13-5 (a) The width, height, and gross weight of a vehicle or
13-6 combination of vehicles subject to this subchapter that is
13-7 transporting raw wood products shall conform to Chapters 621 and
13-8 623, except that a vehicle or combination of vehicles transporting
13-9 raw wood products that has an outer bridge of 39 feet or more may
13-10 have a maximum gross weight of 80,000 pounds [when it is necessary
13-11 to transport the load, the distance between axles on a vehicle may
13-12 be shortened by not more than 12 feet for gross weight
13-13 determinations].
13-14 SECTION 23. Subchapter D, Chapter 622, Transportation Code,
13-15 is amended by adding Section 622.045 to read as follows:
13-16 Sec. 622.045. INTERSTATE AND DEFENSE HIGHWAYS. (a) This
13-17 subchapter does not authorize the operation on the national system
13-18 of interstate and defense highways in this state of a vehicle of a
13-19 size or weight greater than those permitted under 23 U.S.C. Section
13-20 127, as amended.
13-21 (b) If the United States authorizes the operation on the
13-22 national system of interstate and defense highways of a vehicle of
13-23 a size or weight greater than those permitted under 23 U.S.C.
13-24 Section 127 on August 29, 1997, the new limit automatically takes
13-25 effect on the national system of interstate and defense highways in
13-26 this state.
14-1 SECTION 24. Subsection (b), Section 622.051, Transportation
14-2 Code, is amended to read as follows:
14-3 (b) [The limitation in] Subsection (a)(1) does not apply to
14-4 a truck-tractor or truck-tractor combination transporting poles for
14-5 the maintenance of electric power transmission or distribution
14-6 lines.
14-7 SECTION 25. Subsection (b), Section 622.061, Transportation
14-8 Code, is amended to read as follows:
14-9 (b) [The limitation in] Subsection (a) does not apply to a
14-10 truck-tractor or truck-tractor combination transporting poles or
14-11 pipe.
14-12 SECTION 26. Section 622.133, Transportation Code, is amended
14-13 to read as follows:
14-14 Sec. 622.133. AXLE WEIGHT [AXLE-LOAD] RESTRICTIONS. A
14-15 single motor vehicle used exclusively to transport recyclable
14-16 materials may be operated on a public highway only if the tandem
14-17 axle weight [load] is not heavier than 44,000 pounds, a single axle
14-18 weight [load] is not heavier than 21,000 pounds, and the gross
14-19 weight [load] is not heavier than 64,000 pounds.
14-20 SECTION 27. Subsection (a), Section 622.134, Transportation
14-21 Code, is amended to read as follows:
14-22 (a) Except as provided by Subsection (c), the owner of a
14-23 vehicle covered by this subchapter with a tandem axle weight [load]
14-24 heavier than 34,000 pounds shall before operating the vehicle on a
14-25 public highway of this state file with the department a surety bond
14-26 subject to the approval of the department in the principal amount
15-1 set by the department not to exceed $15,000 for each vehicle.
15-2 SECTION 28. Section 622.953, Transportation Code, is amended
15-3 to read as follows:
15-4 Sec. 622.953. VEHICLE TRANSPORTING SEED COTTON MODULES.
15-5 (a) The weight limitations of Section 621.101 do not apply to a
15-6 single motor vehicle [or combination of vehicles] used exclusively
15-7 to transport seed cotton modules.
15-8 (b) The overall gross weight of a single motor vehicle [or
15-9 combination] to which this section applies may not be heavier than
15-10 59,400 pounds.
15-11 (c) The owner of a single motor vehicle [or combination] to
15-12 which this section applies that has a gross weight of more than
15-13 59,400 pounds is liable to the state, county, or municipality for
15-14 any damage to a highway, street, road, or bridge caused by the
15-15 weight of the load.
15-16 (d) A vehicle [or combination] to which this section applies
15-17 may not be operated on the national system of interstate and
15-18 defense highways if the vehicle exceeds the maximum weight
15-19 authorized by 23 U.S.C. Section 127, as amended.
15-20 SECTION 29. Section 623.162, Transportation Code, is amended
15-21 to read as follows:
15-22 Sec. 623.162. AXLE WEIGHT [AXLE-LOAD] RESTRICTIONS. A
15-23 single vehicle used exclusively to transport solid waste may be
15-24 operated on a public highway of this state only if the tandem axle
15-25 weight [load] is not heavier than 44,000 pounds, the single axle
15-26 weight [load] is not heavier than 21,000 pounds, and the gross
16-1 weight [load] is not heavier than 64,000 pounds.
16-2 SECTION 30. Sections 621.505, 622.017, 622.033, 622.081,
16-3 622.136, 622.951, and 623.165, Transportation Code, are repealed.
16-4 SECTION 31. (a) This Act takes effect September 1, 2001.
16-5 (b) The changes in law made by Section 30 of this Act and
16-6 Sections 621.506 and 621.507, Transportation Code, as amended by
16-7 this Act, apply only to an offense committed on or after September
16-8 1, 2001. An offense under Section 621.506 or 621.507,
16-9 Transportation Code, or under a law repealed by Section 30 of this
16-10 Act, that was committed before September 1, 2001, is covered by the
16-11 law as it existed immediately before the effective date of this
16-12 Act, and the former law is continued in effect for that purpose.