S-2072.2 _______________________________________________
SENATE BILL 6304
_______________________________________________
State of Washington 54th Legislature 1996 Regular Session
By Senator Sutherland
Read first time 01/10/96. Referred to Committee on Transportation.
AN ACT Relating to recovery of pavement damage costs; amending RCW 10.82.070, 46.16.070, 46.44.0941, 46.44.095, and 46.44.105; reenacting and amending RCW 3.62.020; creating a new section; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 3.62.020 and 1995 c 301 s 31 and 1995 c 291 s 5 are each reenacted and amended to read as follows:
(1) Except as provided in subsection (4) of this section, all costs, fees, fines, forfeitures and penalties assessed and collected in whole or in part by district courts, except costs, fines, forfeitures and penalties assessed and collected, in whole or in part, because of the violation of city ordinances, shall be remitted by the clerk of the district court to the county treasurer at least monthly, together with a financial statement as required by the state auditor, noting the information necessary for crediting of such funds as required by law.
(2) The county
treasurer shall remit thirty-two percent of the noninterest money received
under subsection (1) of this section ((except certain costs)) to the
state treasurer for deposit, except as follows:
(a) Under RCW
43.08.250, certain costs shall be deposited with the state treasurer.
"Certain costs" as used in this subsection, means those costs awarded
to prevailing parties in civil actions under RCW 4.84.010 or 36.18.040, or
those costs awarded against convicted defendants in criminal actions under RCW
10.01.160, 10.46.190, or 36.18.040, or other similar statutes if such costs are
specifically designated as costs by the court and are awarded for the specific
reimbursement of costs incurred by the state or county in the prosecution of
the case, including the fees of defense counsel((. Money remitted under this
subsection to the state treasurer shall be deposited as provided in RCW
43.08.250)); and
(b) All penalties provided for in RCW 46.44.105(2) shall be deposited with the state treasurer and credited to the motor vehicle fund as provided in RCW 46.44.105(8).
(3) The balance of the noninterest money received by the county treasurer under subsection (1) of this section shall be deposited in the county current expense fund.
(4) All money collected for county parking infractions shall be remitted by the clerk of the district court at least monthly, with the information required under subsection (1) of this section, to the county treasurer for deposit in the county current expense fund.
(5) Penalties, fines, bail forfeitures, fees, and costs may accrue interest at the rate of twelve percent per annum, upon assignment to a collection agency. Interest may accrue only while the case is in collection status.
(6) Interest retained by the court on penalties, fines, bail forfeitures, fees, and costs shall be split twenty-five percent to the state treasurer for deposit in the public safety and education account as provided in RCW 43.08.250, twenty-five percent to the state treasurer for deposit in the judicial information system account as provided in RCW 2.68.020, twenty-five percent to the county current expense fund, and twenty-five percent to the county current expense fund to fund local courts.
Sec. 2. RCW 10.82.070 and 1995 c 292 s 3 are each amended to read as follows:
(1) All sums of money derived from costs, fines, penalties, and forfeitures imposed or collected, in whole or in part, by a superior court for violation of orders of injunction, mandamus and other like writs, for contempt of court, or for breach of the penal laws shall be paid in cash by the person collecting the same, within twenty days after the collection, to the county treasurer of the county in which the same have accrued.
(2) The county
treasurer shall remit monthly thirty-two percent of the money received under
this section ((except for certain costs)) to the state treasurer for
deposit ((as provided under RCW 43.08.250)) and shall deposit the
remainder as provided by law except as follows:
(a) Certain costs as
provided under RCW 43.08.250 shall be deposited to the state treasurer.
"Certain costs" as used in this subsection, means those costs awarded
to prevailing parties in civil actions under RCW 4.84.010 or 36.18.040, or
those costs awarded against convicted defendants in criminal actions under RCW
10.01.160, 10.46.190, or 36.18.040, or other similar statutes if such costs are
specifically designated as costs by the court and are awarded for the specific
reimbursement of costs incurred by the state or county in the prosecution of
the case, including the fees of defense counsel((.));
(b) All penalties provided for in RCW 46.44.105(2) shall be deposited with the state treasurer and credited to the motor vehicle fund as provided under RCW 46.44.105(8); and
(c) Costs or assessments awarded to dedicated accounts, state or local, are not subject to this state allocation or to RCW 7.68.035.
(3) All fees, fines, forfeitures and penalties collected or assessed by a district court because of the violation of a state law shall be remitted as provided in chapter 3.62 RCW as now exists or is later amended. All fees, fines, forfeitures, and penalties collected or assessed by a superior court in cases on appeal from a lower court shall be remitted to the municipal or district court from which the cases were appealed.
Sec. 3. RCW 46.16.070 and 1994 c 262 s 8 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 truck, 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:
DECLARED GROSS WEIGHT SCHEDULE A SCHEDULE B
4,000 lbs.. $ ((37.00)) $
((37.00))
74 74
6,000 lbs.. $ ((44.00)) $
((44.00))
88 88
8,000 lbs.. $ ((55.00)) $
((55.00))
110 110
10,000 lbs. $ ((62.00)) $ ((62.00))
124 124
12,000 lbs. $ ((72.00)) $ ((72.00))
144 144
14,000 lbs. $ ((82.00)) $ ((82.00))
164 164
16,000 lbs. $ ((92.00)) $ ((92.00))
184 184
18,000 lbs. $ ((137.00)) $ ((137.00))
274 274
20,000 lbs. $ ((152.00)) $ ((152.00))
304 304
22,000 lbs. $ ((164.00)) $ ((164.00))
328 328
24,000 lbs. $ ((177.00)) $ ((177.00))
354 354
26,000 lbs. $ ((187.00)) $ ((187.00))
374 374
28,000 lbs. $ ((220.00)) $ ((220.00))
440 440
30,000 lbs. $ ((253.00)) $ ((253.00))
506 506
32,000 lbs. $ ((304.00)) $ ((304.00))
608 608
34,000 lbs. $ ((323.00)) $ ((323.00))
646 646
36,000 lbs. $ ((350.00)) $ ((350.00))
700 700
38,000 lbs. $ ((384.00)) $ ((384.00))
768 768
40,000 lbs. $ ((439.00)) $ ((439.00))
878 878
42,000 lbs. $ ((456.00)) $ ((546.00))
912 1,092
44,000 lbs. $ ((466.00)) $ ((556.00))
932 1,112
46,000 lbs. $ ((501.00)) $ ((591.00))
1,002 1,182
48,000 lbs. $ ((522.00)) $ ((612.00))
1,044 1,224
50,000 lbs. $ ((566.00)) $ ((656.00))
1,132 1,312
52,000 lbs. $ ((595.00)) $ ((685.00))
1,190 1,370
54,000 lbs. $ ((642.00)) $ ((732.00))
1,284 1,464
56,000 lbs. $ ((677.00)) $ ((767.00))
1,354 1,534
58,000 lbs. $ ((704.00)) $ ((794.00))
1,408 1,588
60,000 lbs. $ ((750.00)) $ ((840.00))
1,500 1,680
62,000 lbs. $ ((804.00)) $ ((894.00))
1,608 1,788
64,000 lbs. $ ((822.00)) $ ((912.00))
1,644 1,824
66,000 lbs. $ ((915.00)) $ ((1,005.00))
1,830 2,010
68,000 lbs. $ ((954.00)) $ ((1,044.00))
1,908 2,088
70,000 lbs. $ ((1,027.00)) $ ((1,117.00))
2,054 2,234
72,000 lbs. $ ((1,098.00)) $ ((1,188.00))
2,196 2,376
74,000 lbs. $ ((1,193.00)) $ ((1,283.00))
2,386 2,566
76,000 lbs. $ ((1,289.00)) $ ((1,379.00))
2,578 2,758
78,000 lbs. $ ((1,407.00)) $ ((1,497.00))
2,814 2,994
80,000 lbs. $ ((1,518.00)) $ ((1,608.00))
3,036 3,216
82,000 lbs. $ ((1,623.00)) $ ((1,713.00))
3,264 3,426
84,000 lbs. $ ((1,728.00)) $ ((1,818.00))
3,456 3,636
86,000 lbs. $ ((1,833.00)) $ ((1,923.00))
3,666 3,846
88,000 lbs. $ ((1,938.00)) $ ((2,028.00))
3,876 4,056
90,000 lbs. $ ((2,043.00)) $ ((2,133.00))
4,086 4,266
92,000 lbs. $ ((2,148.00)) $ ((2,238.00))
4,296 4,476
94,000 lbs. $ ((2,253.00)) $ ((2,343.00))
4,506 4,686
96,000 lbs. $ ((2,358.00)) $ ((2,448.00))
4,716 4,896
98,000 lbs. $ ((2,463.00)) $ ((2,553.00))
4,926 5,106
100,000 lbs. $ ((2,568.00)) $ ((2,658.00))
5,138 5,316
102,000 lbs. $ ((2,673.00)) $ ((2,763.00))
5,346 5,526
104,000 lbs. $ ((2,778.00)) $
((2,868.00))
5,556 5,736
105,500 lbs. $ ((2,883.00)) $
((2,973.00))
5,766 5,946
Schedule A applies to vehicles either used exclusively for hauling logs or that do not tow trailers. Schedule B applies to vehicles that tow trailers and are not covered under Schedule A.
Every truck, 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 or unless the vehicle is used only for the purpose of transporting any well drilling machine, air compressor, rock crusher, conveyor, hoist, donkey engine, cook house, tool house, bunk house, or similar machine or structure attached to or made a part of such 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. 4. RCW 46.44.0941 and 1995 c 171 s 2 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 fifty-three 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-one 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))
140.00
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 movement of a mobile home or manufactured home
having nonreducible features not to
exceed eighty-five feet in total 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))
84.00
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
Excess weight over legal capacity, Cost per mile.
as provided in RCW 46.44.041.
0........................................ -
9,999 pounds $ ((.07)) .14
10,000................................... -14,999
pounds $ ((.14)) .28
15,000................................... -19,999
pounds $ ((.21)) .42
20,000................................... -24,999
pounds $ ((.28)) .56
25,000................................... -29,999
pounds $ ((.35)) .70
30,000................................... -34,999
pounds $ ((.49)) .98
35,000................................... -39,999
pounds $ ((.63)) 1.26
40,000................................... -44,999
pounds $ ((.79)) 1.58
45,000................................... -49,999
pounds $ ((.93)) 1.86
50,000 -54,999
pounds $((1.14)) 2.28
55,000 -59,999
pounds $((1.35)) 2.70
60,000 -64,999
pounds $((1.56)) 3.12
65,000 -69,999
pounds $((1.77)) 3.54
70,000 -74,999
pounds $((2.12)) 4.24
75,000 -79,999
pounds $((2.47)) 4.94
80,000 -84,999
pounds $((2.82)) 5.64
85,000 -89,999
pounds $((3.17)) 6.34
90,000 -94,999
pounds $((3.52)) 7.04
95,000 -99,999
pounds $((3.87)) 7.74
100,000 pounds........................... $((4.25))
8.50
The fee for weights in
excess of 100,000 pounds is $((4.25)) 8.50 plus fifty cents for
each 5,000 pound increment or portion thereof exceeding 100,000 pounds.
PROVIDED: (a) The minimum
fee for any overweight permit shall be $((14.00)) 28.00, (b) the
fee for issuance of a duplicate permit shall be $((14.00)) 28.00,
(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 1993 c 102 s 5 are each amended to read as follows:
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)) five dollars and ((eighty))
sixty 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 46.44.105 and 1993 c 403 s 4 are each amended to read as follows:
(1) Violation of any of
the provisions of ((RCW 46.44.041, 46.44.042, 46.44.047, 46.44.090,
46.44.091, and 46.44.095, or failure to obtain a permit as provided by RCW
46.44.090 and 46.44.095, or misrepresentation of the size or weight of any load
or failure to follow the requirements and conditions of a permit issued
hereunder)) this chapter is a traffic infraction, and upon the first
finding thereof shall be assessed a basic penalty of not less than fifty
dollars; and upon a second finding thereof shall be assessed a basic penalty of
not less than seventy-five dollars; and upon a third or subsequent finding
shall be assessed a basic penalty of not less than one hundred dollars.
(2) In addition to the
penalties imposed in subsection (1) of this section, any person violating RCW
46.44.041, 46.44.042, 46.44.047, 46.44.090, 46.44.091, or 46.44.095 shall be
assessed ((three cents for each pound of excess weight)) a penalty as
prescribed in this subsection:
(a) One pound through 1,000 pounds overweight: $90;
(b) 1,001 pounds through 2,000 pounds overweight: $180;
(c) 2,001 pounds through 4,000 pounds overweight: $360;
(d) 4,001 pounds through 15,000 pounds overweight: $360 plus $.30 per pound for each additional pound over 4,000 pounds overweight;
(e) 15,001 pounds and over overweight: $3,000 plus $.30 per pound for each additional pound over 15,000 pounds overweight. Upon a first violation in any calendar year, the court may suspend the penalty for five hundred pounds of excess weight for each axle on any vehicle or combination of vehicles, not to exceed a two thousand pound suspension. In no case may the basic penalty assessed in subsection (1) of this section or the additional penalty assessed in subsection (2), except as provided for the first violation, be suspended.
(3) Whenever any vehicle or combination of vehicles is involved in two violations of RCW 46.44.041, 46.44.042, 46.44.047, 46.44.090, 46.44.091, or 46.44.095 during any twelve-month period, the court may suspend the certificate of license registration of the vehicle or combination of vehicles for not less than thirty days. Upon a third or succeeding violation in any twelve-month period, the court shall suspend the certificate of license registration for not less than thirty days. Whenever the certificate of license registration is suspended, the court shall secure such certificate and immediately forward the same to the director with information concerning the suspension.
(4) Any person found to have violated any posted limitations of a highway or section of highway shall be assessed a monetary penalty of not less than one hundred and fifty dollars, and the court shall in addition thereto upon second violation within a twelve-month period involving the same power unit, suspend the certificate of license registration for not less than thirty days.
(5) It is unlawful for the driver of a vehicle to fail or refuse to stop and submit the vehicle and load to a weighing, or to fail or refuse, when directed by an officer upon a weighing of the vehicle to stop the vehicle and otherwise comply with the provisions of this section. It is unlawful for a driver of a commercial motor vehicle as defined in RCW 46.32.005, other than the driver of a bus as defined in RCW 46.32.005(2), to fail or refuse to stop at a weighing station when proper traffic control signs indicate scales are open.
Any police officer is authorized to require the driver of any vehicle or combination of vehicles to stop and submit to a weighing either by means of a portable or stationary scale and may require that the vehicle be driven to the nearest public scale. Whenever a police officer, upon weighing a vehicle and load, determines that the weight is unlawful, the officer may require the driver to stop the vehicle in a suitable location and remain standing until such portion of the load is removed as may be necessary to reduce the gross weight of the vehicle to the limit permitted by law. If the vehicle is loaded with grain or other perishable commodities, the driver shall be permitted to proceed without removing any of the load, unless the gross weight of the vehicle and load exceeds by more than ten percent the limit permitted by this chapter. The owner or operator of the vehicle shall care for all materials unloaded at the risk of the owner or operator.
Any vehicle whose
driver or owner represents that the vehicle is disabled or otherwise unable to
proceed to a weighing location shall have its load sealed or otherwise marked
by any police officer. The owner or driver shall be directed that upon
completion of repairs, the vehicle shall submit to weighing with the load and
markings and/or seal intact and undisturbed. Failure to report for weighing,
appearing for weighing with the seal broken or the markings disturbed, or
removal of any cargo prior to weighing is unlawful. Any person so convicted
shall be fined ((five hundred)) one thousand dollars, and in
addition the certificate of license registration shall be suspended for not
less than thirty days. Half of the monetary penalties provided in this
subsection shall be remitted as provided in RCW 3.62.020 or 10.82.070. Half of
the penalties shall be remitted to the state treasurer and deposited in the
motor vehicle fund.
(6) Any other provision of law to the contrary notwithstanding, district courts having venue have concurrent jurisdiction with the superior courts for the imposition of any penalties authorized under this section.
(7) For the purpose of
determining additional penalties as provided by subsection (2) of this section,
"excess weight" means the poundage in excess of the maximum allowable
gross weight or axle/axle grouping weight prescribed by RCW 46.44.041 ((and)),
46.44.042 ((plus the weights allowed by RCW)), 46.44.047,
46.44.091, and 46.44.095.
(8) The penalties
provided in subsection((s)) (1) ((and (2))) of this section shall
be remitted as provided in chapter 3.62 RCW or RCW 10.82.070. The penalties
provided in subsection (2) of this section shall be remitted to the state
treasurer and deposited in the motor vehicle fund. For the purpose of
computing the basic penalties and additional penalties to be imposed under the
provisions of subsections (1) and (2) of this section the convictions shall be
on the same vehicle or combination of vehicles within a twelve-month period
under the same ownership.
(9) Any state patrol officer or any weight control officer who finds any person operating a vehicle or a combination of vehicles in violation of the conditions of a permit issued under RCW 46.44.047, 46.44.090, and 46.44.095 may confiscate the permit and forward it to the state department of transportation which may return it to the permittee or revoke, cancel, or suspend it without refund. The department of transportation shall keep a record of all action taken upon permits so confiscated, and if a permit is returned to the permittee the action taken by the department of transportation shall be endorsed thereon. Any permittee whose permit is suspended or revoked may upon request receive a hearing before the department of transportation or person designated by that department. After the hearing the department of transportation may reinstate any permit or revise its previous action.
Every permit issued as provided for in this chapter shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any law enforcement officer or authorized agent of any authority granting such a permit.
Upon the third finding within a calendar year of a violation of the requirements and conditions of a permit issued under RCW 46.44.095 as now or hereafter amended, the permit shall be canceled, and the canceled permit shall be immediately transmitted by the court or the arresting officer to the department of transportation. The vehicle covered by the canceled permit is not eligible for a new permit for a period of thirty days.
(10) For the purposes of determining gross weights the actual scale weight taken by the arresting officer is prima facie evidence of the total gross weight.
(11) It is a traffic infraction to direct the loading of a vehicle with knowledge that it violates the requirements in RCW 46.44.041, 46.44.042, 46.44.047, 46.44.090, 46.44.091, or 46.44.095 and that it is to be operated on the public highways of this state.
(12) The chief of the state patrol, with the advice of the department, may adopt reasonable rules to aid in the enforcement of this section.
NEW SECTION. Sec. 7. The department of transportation, in cooperation with the department of licensing and the department of revenue shall conduct a vehicle cost allocation study examining the feasibility of recovering pavement damage costs through the establishment of a weight-distance tax based on the weight of the vehicle and the distance traveled each year in this state. Periodic reports shall be submitted to the legislative transportation committee and the house and senate standing committees on transportation. A final report and recommendations are due July 1, 1997.
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