FINAL BILL REPORT

HB 2716

                                  C 217 L 90

BYRepresentatives Crane and S. Wilson 

Making a person who overloads a truck a codefendant.

House Committe on Transportation

Senate Committee on Transportation

SYNOPSIS AS ENACTED

BACKGROUND:

Under current law, the driver of a truck that exceeds the maximum gross weight allowed by law or that does not have the required overweight/oversize permits is subject to a traffic infraction.

The basic penalty for the first offense is $50, the second offense is $75, and the third or subsequent offense is $100.  In addition, the court may assess a fine of 3 cents per excess pound.  The basic penalty is not suspendable.  However, the court may suspend the additional penalty up to 500 excess pounds per axle, not to exceed a total of 2,000 excess pounds.  The court may suspend the truck registration for 30 days for a second offense within 12 months and must suspend for a third or subsequent violation within 12 months.

A driver is not always responsible for the loading of the truck and may not realize the vehicle is overweight.  There is no provision in law assessing a penalty against anyone other than the driver for exceeding the maximum gross weight regulations.

SUMMARY:

It is a traffic infraction for a person to knowingly load a vehicle in excess of its legal or permitted gross weight.

VOTES ON FINAL PASSAGE:

      House 96   2

      Senate    32    11 (Senate amended)

      House 91   3 (House concurred)

EFFECTIVE:June 7, 1990