S-4051

AN ACT Relating to overweight permits for trucks; amending RCW 46.16.070, 46.16.160, 46.44.0941, 46.44.095, 46.44.096, and 46.68.035; reenacting and amending RCW 46.44.041; and repealing RCW 46.44.160.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 46.16.070 and 1990 c 42 s 105 are each amended to read as follows:

(1) In lieu of all other vehicle licensing fees, unless specifically exempt, and in addition to the excise tax prescribed in chapter 82.44 RCW and the mileage fees prescribed for buses and stages in RCW 46.16.125, there shall be paid and collected annually for each motor truck, truck tractor, road tractor, tractor, bus, auto stage, or for hire vehicle with seating capacity of more than six, based upon the declared combined gross weight or declared gross weight thereof pursuant to the provisions of chapter 46.44 RCW, the following licensing fees by such gross weight:

4,000 lbs. ..........................................$ 37.00

6,000 lbs. ..........................................$ 44.00

8,000 lbs. ..........................................$ 55.00

10,000 lbs. ..........................................$ 62.00

12,000 lbs. ..........................................$ 72.00

14,000 lbs. ..........................................$ 82.00

16,000 lbs. ..........................................$ 92.00

18,000 lbs. ..........................................$ 137.00

20,000 lbs. ..........................................$ 152.00

22,000 lbs. ..........................................$ 164.00

24,000 lbs. ..........................................$ 177.00

26,000 lbs. ..........................................$ 187.00

28,000 lbs. ..........................................$ 220.00

30,000 lbs. ..........................................$ 253.00

32,000 lbs. ..........................................$ 304.00

34,000 lbs. ..........................................$ 323.00

36,000 lbs. ..........................................$ 350.00

38,000 lbs. ..........................................$ 384.00

40,000 lbs. ..........................................$ 439.00

42,000 lbs. ..........................................$ 456.00

44,000 lbs. ..........................................$ 466.00

46,000 lbs. ..........................................$ 501.00

48,000 lbs. ..........................................$ 522.00

50,000 lbs. ..........................................$ 566.00

52,000 lbs. ..........................................$ 595.00

54,000 lbs. ..........................................$ 642.00

56,000 lbs. ..........................................$ 677.00

58,000 lbs. ..........................................$ 704.00

60,000 lbs. ..........................................$ 750.00

62,000 lbs. ..........................................$ 804.00

64,000 lbs. ..........................................$ 822.00

66,000 lbs. ..........................................$ 915.00

68,000 lbs. ..........................................$ 954.00

70,000 lbs. ..........................................$1,027.00

72,000 lbs. ..........................................$1,098.00

74,000 lbs. ..........................................$1,193.00

76,000 lbs. ..........................................$1,289.00

78,000 lbs. ..........................................$1,407.00

80,000 lbs. ..........................................$1,518.00

82,000 lbs. ..........................................$1,623.00

84,000 lbs. ..........................................$1,728.00

86,000 lbs. ..........................................$1,833.00

88,000 lbs. ..........................................$1,938.00

90,000 lbs. ..........................................$2,043.00

92,000 lbs. ..........................................$2,148.00

94,000 lbs. ..........................................$2,253.00

96,000 lbs. ..........................................$2,358.00

98,000 lbs. ..........................................$2,463.00

100,000 lbs. .........................................$2,568.00

102,000 lbs. .........................................$2,673.00

104,000 lbs. .........................................$2,778.00

105,500 lbs. .........................................$2,883.00

Every motor truck, truck tractor, and tractor exceeding 6,000 pounds empty scale weight registered under chapter 46.16, 46.87, or 46.88 RCW shall be licensed for not less than one hundred fifty percent of its empty weight unless the amount would be in excess of the legal limits prescribed for such a vehicle in RCW 46.44.041 or 46.44.042, in which event the vehicle shall be licensed for the maximum weight authorized for such a vehicle.

The following provisions apply when increasing gross or combined gross weight for a vehicle licensed under this section:

(a) The new license fee will be one- twelfth of the fee listed above for the new gross weight, multiplied by the number of months remaining in the period for which licensing fees have been paid, including the month in which the new gross weight is effective.

(b) Upon surrender of the current certificate of registration or cab card, the new licensing fees due shall be reduced by the amount of the licensing fees previously paid for the same period for which new fees are being charged.

(2) The proceeds from the fees collected under subsection (1) of this section shall be distributed in accordance with RCW 46.68.035.

Sec. 2. RCW 46.16.160 and 1987 c 244 s 6 are each amended to read as follows:

(1) The owner of a vehicle which under reciprocal relations with another jurisdiction would be required to obtain a license registration in this state or an unlicensed vehicle which would be required to obtain a license registration for operation on public highways of this state may, as an alternative to such license registration, secure and operate such vehicle under authority of a trip permit issued by this state in lieu of a Washington certificate of license registration, and licensed gross weight if applicable. The licensed gross weight shall not exceed eighty thousand pounds for a combination of vehicles nor forty thousand pounds for a single unit vehicle with three or more axles. Trip permits may also be issued for movement of mobile homes pursuant to RCW 46.44.170. For the purpose of this section, a vehicle is considered unlicensed if the licensed gross weight currently in effect for the vehicle or combination of vehicles is not adequate for the load being carried. Vehicles registered under RCW 46.16.135 shall not be operated under authority of trip permits in lieu of further registration within the same registration year.

(2) Each trip permit shall authorize the operation of a single vehicle at the maximum legal weight limit for such vehicle for a period of three consecutive days commencing with the day of first use. No more than three such permits may be used for any one vehicle in any period of thirty consecutive days. Every permit shall identify, as the department may require, the vehicle for which it is issued and shall be completed in its entirety and signed by the operator before operation of the vehicle on the public highways of this state. Correction of data on the permit such as dates, license number, or vehicle identification number invalidates the permit. The trip permit shall be displayed on the vehicle to which it is issued as prescribed by the department.

(3) Vehicles operating under authority of trip permits are subject to all laws, rules, and regulations affecting the operation of like vehicles in this state.

(4) Prorate operators operating commercial vehicles on trip permits in Washington shall retain the customer copy of such permit for four years.

(5) Blank trip permits may be obtained from field offices of the department of transportation, Washington state patrol, department of licensing, or other agents appointed by the department. For each permit issued, there shall be collected a filing fee as provided by RCW 46.01.140, an administrative fee of eight dollars, and an excise tax of one dollar. If the filing fee amount of one dollar prescribed by RCW 46.01.140 is increased or decreased after January 1, 1981, the administrative fee shall be adjusted to compensate for such change to insure that the total amount collected for the filing fee, administrative fee, and excise tax remain at ten dollars. These fees and taxes are in lieu of all other vehicle license fees and taxes. No exchange, credits, or refunds may be given for trip permits after they have been purchased.

(6) The department may appoint county auditors or businesses as agents for the purpose of selling trip permits to the public. County auditors or businesses so appointed may retain the filing fee collected for each trip permit to defray expenses incurred in handling and selling the permits.

(7) A violation of or a failure to comply with any provision of this section is a gross misdemeanor.

(8) The department of licensing may adopt rules as it deems necessary to administer this section.

(9) All administrative fees and excise taxes collected under the provisions of this chapter shall be forwarded by the department with proper identifying detailed report to the state treasurer who shall deposit the administrative fees to the credit of the motor vehicle fund and the excise taxes to the credit of the general fund. Filing fees will be forwarded and reported to the state treasurer by the department as prescribed in RCW 46.01.140.

Sec. 3. RCW 46.44.041 and 1988 c 229 s 1 and 1988 c 6 s 2 are each reenacted and amended to read as follows:

No vehicle or combination of vehicles shall operate upon the public highways of this state with a gross load on any single axle in excess of twenty thousand pounds, or upon any group of axles in excess of that set forth in the following table, except that two consecutive sets of tandem axles may carry a gross load of thirty-four thousand pounds each, if the overall distance between the first and last axles of such consecutive sets of tandem axles is thirty-six feet or more.

Dis-

tance

in feet Maximum load in pounds

between carried on any group of 2

the ex- or more consecutive axles

tremes

of any

group

of 2

or more

consecu- _____________________________________________________

tive

2 3 4 5 6 7 8 9

axles axles axles axles axles axles axles axles axles

4 34,000

5 34,000

6 34,000

7 34,000

8 34,000 42,000

9 39,000 42,500

10 40,000 43,500

11 44,000

12 45,000 50,000

13 45,500 50,500

14 46,500 51,500

15 47,000 52,000

16 48,000 52,500 52,500

17 48,500 53,500 53,500

18 49,500 54,000 54,000

19 50,000 54,500 54,500

20 51,000 55,500 55,500

21 51,500 56,000 56,000

22 52,500 56,500 56,500

23 53,000 57,500 57,500

24 54,000 58,000 58,000

25 54,500 58,500 58,500

26 55,500 59,500 59,500

27 56,000 60,000 60,000

28 57,000 60,500 61,000 61,000

29 57,500 61,500 62,000 62,000

30 58,500 62,000 63,000 63,000

31 59,000 62,500 64,000 64,500

32 60,000 63,500 65,000 65,000

33 64,000 66,000 66,000

34 64,500 67,000 67,000

35 65,500 68,000 68,000

36 66,000 69,500 69,500

37 66,500 70,500 70,500

38 67,500 72,000 72,000

39 68,000 72,500 72,500

40 68,500 73,000 73,000

41 69,500 73,500 73,500

42 70,000 74,000 74,000

43 70,500 75,000 75,000

44 71,500 75,500 75,500

45 72,000 76,000 76,000

46 72,500 76,500 80,000 80,000

47 73,500 77,000 81,000 81,000

48 74,000 78,000 82,000 82,000

49 74,500 78,500 83,000 83,000

50 75,500 79,000 84,000 84,000

51 76,000 80,000 84,500 85,000

52 76,500 80,500 85,000 86,000

53 77,500 81,000 86,000 87,000

54 78,000 81,500 86,500 88,000 91,000 91,000

55 78,500 82,500 87,000 89,000 92,000 92,000

56 79,500 83,000 87,500 90,000 93,000 93,000

57 80,000 83,500 88,000 91,000 94,000 94,000

58 84,000 89,000 92,000 95,000 95,000

59 85,000 89,500 93,500 96,000 96,000

60 85,500 90,000 95,000 97,000 97,000

61 86,000 90,500 95,500 98,000 98,000

62 87,000 91,000 96,000 99,000 99,000

63 87,500 92,000 97,000 100,000 100,000

64 88,000 92,500 97,500 101,000 101,000

65 88,500 93,000 98,000 102,000 102,000

66 89,500 93,500 98,500 103,000 103,000

67 90,000 94,000 99,000 104,000 104,000

68 90,500 95,000 99,500 105,000 105,000

69 91,000 95,500 100,000 105,500 105,500

70 92,000 96,000 101,000 105,500 105,500

When inches are involved: Under six inches take lower, six inches or over take higher. The maximum load on any axle in any group of axles shall not exceed the single axle or tandem axle allowance as set forth in the table above.

The maximum axle and gross weights specified in this section are subject to the braking requirements set up for the service brakes upon any motor vehicle or combination of vehicles as provided by law.

((It is unlawful to operate upon the public highways any single unit vehicle, supported upon three axles or more with a gross weight including load in excess of forty thousand pounds or any combination of vehicles having a gross weight in excess of eighty thousand pounds without first obtaining an additional tonnage permit as provided for in RCW 46.44.095: PROVIDED, That when a combination of vehicles has purchased license tonnage in excess of seventy-two thousand pounds as provided by RCW 46.16.070, such excess license tonnage may be applied to the power unit subject to limitations of RCW 46.44.042 and this section when such vehicle is operated without a trailer.))

It is unlawful to operate any vehicle upon the public highways equipped with two axles spaced less than seven feet apart unless the two axles are so constructed and mounted that the difference in weight between the axles does not exceed three thousand pounds. However, variable lift axles are exempt from this requirement. For purposes of this section, a "variable lift axle" is an axle that may be lifted from the roadway surface, whether by air, hydraulic, mechanical, or any combination of these means. The weight allowed on the axle is governed by RCW 46.44.042 and this section.

Loads of not more than eighty thousand pounds which may be legally hauled in the state bordering this state which also has a sales tax, are legal in this state when moving to a port district within four miles of the bordering state except on the interstate system. This provision does not allow the operation of a vehicle combination consisting of a truck tractor and three trailers.

Notwithstanding anything contained herein, a vehicle or combination of vehicles in operation on January 4, 1975, may operate upon the public highways of this state, including the interstate system within the meaning of section 127 of Title 23, United States Code, with an overall gross weight upon a group of two consecutive sets of dual axles which was lawful in this state under the laws, regulations, and procedures in effect in this state on January 4, 1975.

Sec. 4. RCW 46.44.0941 and 1990 c 42 s 107 are each amended to read as follows:

The following fees, in addition to the regular license and tonnage fees, shall be paid for all movements under special permit made upon state highways. All funds collected, except the amount retained by authorized agents of the department as provided in RCW 46.44.096, shall be forwarded to the state treasury and shall be deposited in the motor vehicle fund:

All overlegal loads, except overweight, single

trip................................................$ 10.00

Continuous operation of overlegal loads

having either overwidth or overheight

features only, for a period not to exceed

thirty days.........................................$ 20.00

Continuous operations of overlegal loads

having overlength features only, for a

period not to exceed thirty days....................$ 10.00

Continuous operation of a combination of

vehicles having one trailing unit that

exceeds forty-eight feet and is not

more than fifty-six feet in length, for

a period of one year................................$ 100.00

Continuous operation of a combination of

vehicles having two trailing units

which together exceed sixty feet and

are not more than sixty-eight feet in

length, for a period of one year....................$ 100.00

Continuous operation of a three-axle fixed

load vehicle having less than 65,000

pounds gross weight, for a period not

to exceed thirty days...............................$ 70.00

Continuous operation of a four-axle fixed load

vehicle meeting the requirements of

RCW 46.44.091(1) and weighing less than

86,000 pounds gross weight, not to exceed

thirty days.........................................$ 90.00

Continuous operation of overlegal loads

having nonreducible features not to

exceed eighty-five feet in length and

fourteen feet in width, for a period of

one year............................................$ 150.00

Continuous operation of a two or three-axle

collection truck, actually engaged in the

collection of solid waste or recyclables,

or both, under chapter 81.77 or 35.21 RCW

or by contract under RCW 36.58.090, for

one year with an additional six thousand

pounds more than the weight authorized in

RCW 46.16.070 on the rear axle of a two-axle

truck or eight thousand pounds for the tandem

axles of a three-axle truck. RCW 46.44.041

and 46.44.091 notwithstanding, the tire limits

specified in RCW 46.44.042 apply, but none of

the excess weight is valid or may be permitted

on any part of the federal interstate highway

system...............................................$ 42.00

per thousand pounds

The department may issue any of the above-listed permits that involve height, length, or width for an expanded period of consecutive months, not to exceed one year.

Continuous operation of farm implements under a permit issued as authorized by RCW 46.44.140 by:

(1) Farmers in the course of farming activities,

for any three-month period..........................$ 10.00

(2) Farmers in the course of farming activities,

for a period not to exceed one year.................$ 25.00

(3) Persons engaged in the business of the

sale, repair, or maintenance of such

farm implements, for any three-month period.........$ 25.00

(4) Persons engaged in the business of the

sale, repair, or maintenance of such

farm implements, for a period not to

exceed one year.....................................$ 100.00

Overweight Fee Schedule

Weight over total registered

gross weight ((~~plus additional~~

~~gross weight purchased under~~

~~RCW 46.44.095 or~~

~~46.44.047, or any~~ Fee per

~~other statute authorizing the state~~ mile on

~~department of transportation to issue~~ state

~~annual overweight permits~~)) highways

or in excess of axle limits as set

forth in RCW 46.44.041.

1-5,999 pounds......................................$ .07

6,000-11,999 pounds....................................$ .14

12,000-17,999 pounds....................................$ .21

18,000-23,999 pounds....................................$ .35

24,000-29,999 pounds....................................$ .49

30,000-35,999 pounds....................................$ .63

36,000-41,999 pounds....................................$ .84

42,000-47,999 pounds....................................$ 1.05

48,000-53,999 pounds....................................$ 1.26

54,000-59,999 pounds....................................$ 1.47

60,000-65,999 pounds....................................$ 1.68

66,000-71,999 pounds....................................$ 2.03

72,000-79,999 pounds....................................$ 2.38

80,000 pounds or more...................................$ 2.80

PROVIDED: (a) The minimum fee for any overweight permit shall be $14.00, (b) the fee for issuance of a duplicate permit shall be $14.00, (c) when computing overweight fees prescribed in this section or in RCW 46.44.095 that result in an amount less than even dollars the fee shall be carried to the next full dollar if fifty cents or over and shall be reduced to the next full dollar if forty-nine cents or under.

The fees levied in this section and RCW 46.44.095 do not apply to vehicles owned and operated by the state of Washington, a county within the state, a city or town or metropolitan municipal corporation within the state, or the federal government.

Sec. 5. RCW 46.44.095 and 1990 c 42 s 108 are each amended to read as follows:

((When a combination of vehicles has been lawfully licensed to a total gross weight of eighty thousand pounds and when a three or more axle single unit vehicle has been lawfully licensed to a total gross weight of forty thousand pounds pursuant to provisions of RCW 46.44.041, a permit for additional gross weight may be issued by the department of transportation upon the payment of fifty-two dollars and fifty cents per year for each one thousand pounds or fraction thereof of such additional gross weight: PROVIDED, That the tire limits specified in RCW 46.44.042 shall apply, and the gross weight on any single axle shall not exceed twenty thousand pounds, and the gross load on any group of axles shall not exceed the limits set forth in RCW 46.44.041: PROVIDED FURTHER, That within the tire limits of RCW 46.44.042, and notwithstanding RCW 46.44.041 and 46.44.091, a permit for an additional six thousand pounds may be purchased for the rear axles of a two-axle garbage truck or eight thousand pounds for the tandem axle of a three axle garbage truck at a rate not to exceed forty-two dollars per thousand. Such additional weight in the case of garbage trucks shall not be valid or permitted on any part of the federal interstate highway system.

The annual additional tonnage permits provided for in this section shall be issued upon such terms and conditions as may be prescribed by the department pursuant to general rules adopted by the transportation commission. Such permits shall entitle the permittee to carry such additional load in an amount and upon highways or sections of highways as may be determined by the department of transportation to be capable of withstanding increased gross load without undue injury to the highway: PROVIDED, That the permits are not valid on any highway where the use of such permits would deprive this state of federal funds for highway purposes.

For those vehicles registered under chapter 46.87 RCW, the annual additional tonnage permits provided for in this section may be issued to coincide with the registration year of the base jurisdiction. For those vehicles registered under chapter 46.16 RCW and whose registration has staggered renewal dates, the annual additional tonnage permits may be issued to coincide with the expiration date of the registration. The permits may be purchased at any time, and if they are purchased for less than a full year, the fee shall be one-twelfth of the full fee multiplied by the number of months, including any fraction thereof, covered by the permit. When the department issues a duplicate permit to replace a lost or destroyed permit and where the department transfers a permit from one vehicle to another a fee of fourteen dollars shall be charged for each duplicate issued or each transfer. The department of transportation shall issue permits on a temporary basis for periods not less than five days at two dollars and eighty cents per day for each two thousands pounds or fraction thereof.

The fees levied in RCW 46.44.0941 and this section shall not apply to any vehicles owned and operated by the state of Washington, any county within the state, or any city or town or metropolitan municipal corporation within the state, or by the federal government.

In the case of fleets prorating license fees under the provisions of chapter 46.87 RCW, the fees provided for in this section shall be computed by the department of transportation by applying the proportion of the Washington mileage of the fleet in question to the total mileage of the fleet as reported pursuant to chapter 46.87 RCW to the fees that would be required to purchase the additional weight allowance for all eligible vehicles or combinations of vehicles for which the extra weight allowance is requested.

When computing fees that result in an amount other than full dollars, the fee shall be increased to the next full dollar if fifty cents or over and shall be reduced to the next full dollar if forty-nine cents or under. The minimum fee for any prorated tonnage permit issued under this section shall be thirty-five dollars.))

When a combination of vehicles has been licensed to a total gross weight of 80,000 pounds or when a three or more axle single unit vehicle has been licensed to a total gross weight of 40,000 pounds, a temporary additional tonnage permit to haul loads in excess of these limits may be issued. This permit is valid for periods of not less than five days at two dollars and eighty cents per day for each two thousand pounds or fraction thereof. The fee may not be prorated. The permits shall authorize the movement of loads not exceeding the weight limits set forth in RCW 46.44.041 and 46.44.042.

Sec. 6. RCW 46.44.096 and 1989 c 398 s 4 are each amended to read as follows:

In determining fees according to RCW 46.44.0941, mileage on state primary and secondary highways shall be determined from the planning survey records of the department of transportation, and the gross weight of the vehicle or vehicles, including load, shall be declared by the applicant. Overweight on which fees shall be paid will be gross loadings in excess of loadings authorized by law or axle loadings in excess of loadings authorized by law, whichever is the greater. Loads which are overweight and oversize shall be charged the fee for the overweight permit without additional fees being assessed for the oversize features.

Special permits issued under RCW 46.44.047, 46.44.0941, or 46.44.095, may be obtained from offices of the department of transportation, ports of entry, or other agents appointed by the department.

The department may appoint agents for the purposes of selling special motor vehicle permits, temporary additional tonnage permits, and log tolerance permits. Agents so appointed may retain three dollars and fifty cents for each permit sold to defray expenses incurred in handling and selling the permits. If the fee is collected by the department of transportation, the department shall certify the fee so collected to the state treasurer for deposit to the credit of the motor vehicle fund.

Fees established in RCW 46.44.0941 shall be paid to the political body issuing the permit if the entire movement is to be confined to roads, streets, or highways for which that political body is responsible. When a movement involves a combination of state highways, county roads, and/or city streets the fee shall be paid to the state department of transportation. When a movement is confined within the city limits of a city or town upon city streets, including routes of state highways on city streets, all fees shall be paid to the city or town involved. A permit will not be required from city or town authorities for a move involving a combination of city or town streets and state highways when the move through a city or town is being confined to the route of the state highway. When a move involves a combination of county roads and city streets the fee shall be paid to the county authorities, but the fee shall not be collected nor the county permit issued until valid permits are presented showing the city or town authorities approve of the move in question. When the movement involves only county roads the fees collected shall be paid to the county involved. Fees established shall be paid to the political body issuing the permit if the entire use of the vehicle during the period covered by the permit shall be confined to the roads, streets, or highways for which that political body is responsible.

((If, pursuant to RCW 46.44.090, cities or counties issue additional tonnage permits similar to those provided for issuance by the state department of transportation in RCW 46.44.095, the state department of transportation shall authorize the use of the additional tonnage permits on state highways subject to the following conditions:

(1) The owner of the vehicle covered by such permit shall establish to the satisfaction of the state department of transportation that the primary use of the vehicle is on the streets or roads of the city or county issuing the additional tonnage permit;

~~(2) That the fees paid for the additional tonnage are not less than those established in RCW 46.44.095;~~

~~(3) That the city or county issuing the permit shall allow the use of permits issued by the state pursuant to RCW 46.44.095 on the streets or roads under its jurisdiction;~~

~~(4) That all of the provisions of RCW 46.44.042 and 46.44.041 shall be observed.~~

When the department of transportation is satisfied that the above conditions have been met, the department of transportation, by suitable endorsement on the permit, shall authorize its use on such highways as the department has authorized for such permits pursuant to RCW 46.44.095, and all such use of such highways is subject to whatever rules and regulations the state department of transportation has adopted for the permits.))

Sec. 7. RCW 46.68.035 and 1990 c 42 s 106 are each amended to read as follows:

All proceeds from combined vehicle licensing fees received by the director for vehicles licensed under RCW 46.16.070 and 46.16.085 shall be forwarded to the state treasurer to be distributed into accounts according to the following method:

(1) The sum of two dollars for each vehicle shall be deposited into the highway safety fund, except that for each vehicle registered by a county auditor or agent to a county auditor pursuant to RCW 46.01.140, the sum of two dollars shall be credited to the current county expense fund.

(2) The remainder shall be distributed as follows:

(a) ((~~25.862~~)) 23.810 percent shall be deposited into the state patrol highway account of the motor vehicle fund;

(b) ((~~1.661~~)) 1.529 percent shall be deposited into the Puget Sound ferry operations account of the motor vehicle fund; and

NEW SECTION. Sec. 8. RCW 46.44.160 and 1988 c 55 s 2, 1981 c 229 s 1, 1975‑'76 2nd ex.s. c 64 s 21, & 1975 1st ex.s. c 196 s 1 are each repealed.