Z-1011               _______________________________________________

                                                   HOUSE BILL NO. 1471

                        _______________________________________________

                                                                            C 055 L 88

State of Washington                              50th Legislature                              1988 Regular Session

By Representatives Baugher, Schmidt and Walk; by request of Department of Transportation

Read first time 1/15/88 and referred to Committee on Transportation.

AN ACT Relating to purchase of additional tonnage for motor vehicles; and amending RCW 46.44.095 and 46.44.160.

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

        Sec. 1.  Section 46.44.095, chapter 12, Laws of 1961 as last amended by section 2, chapter 68, Laws of 1983 and RCW 46.44.095 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 thirty-seven 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 thirty 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 shall not be 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 ((shall commence on the first of January of each year)) 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 five 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 one dollar 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 ((46.85)) 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  ((46.85)) 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.

          ((The department of transportation shall prorate the fees provided in this section only if the name of the operator or owner is submitted on official listings of authorized fleet operators furnished by the department of licensing.  Listings furnished  shall also include the percentage of mileage operated in Washington which is the same percentage as determined by the department of licensing, for purposes of prorating license fees.))

        Sec. 2.  Section 1, chapter 196, Laws of 1975 1st ex. sess. as last amended by section 1, chapter 229, Laws of 1981 and RCW 46.44.160 are each amended to read as follows:

          When vehicles for which licensed tonnage has been purchased on a monthly or quarterly basis pursuant to chapter 46.16 or 46.87 RCW ((46.16.135 or 46.85.120 as now or hereafter amended)), then the additional tonnage provided for in RCW 46.44.095 may be purchased on a monthly or a quarterly basis:  PROVIDED, That the total additional tonnage purchased under RCW 46.44.095 is not less than six thousand pounds: PROVIDED FURTHER, That those vehicles registered under chapter 46.87 RCW must have a prorate percent of sixty percent or more.  The fee for a monthly permit shall be one-twelfth the amount charged for a corresponding twelve-month period, and the fee for a quarterly permit shall be one-fourth the amount charged for a corresponding twelve-month permit, and shall further be reduced by one-twelfth for each full calendar month of the quarter that has elapsed at the time the quarterly permit is purchased.  In addition, a fee of five dollars shall be charged for each monthly or quarterly permit issued hereunder.

          The quarterly periods covered by this section shall be registration quarters consisting of three registration months.  The first quarter shall commence with registration month one.                                                             Passed the House February 3, 1988.

                                                                                                                                         Speaker of the House.

                                                                                                                           Passed the Senate March 5, 1988.

                                                                                                                                       President of the Senate.