HOUSE BILL REPORT

EHB 2716

As Amended by the Senate

BYRepresentatives Crane and S. Wilson 

Making a person who overloads a truck a codefendant.

House Committe on Transportation

Majority Report:  Do pass as amended.  (21)

      Signed by Representatives R. Fisher, Chair; R. Meyers, Vice Chair, Western Washington; Schmidt, Ranking Republican Member; Wood, Assistant Ranking Republican Member; Basich, Bennett, Cantwell, Cooper, Day, G. Fisher, Forner, Hankins, Heavey, Jones, Nelson, Prentice, D. Sommers, Todd, Walker, S. Wilson and Zellinsky.

House Staff:Louise Bray Sandison (786-7322)

AS PASSED HOUSE FEBRUARY 12, 1990

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 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 2000 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.  A driver who has been issued a traffic infraction may request the court to make the person who directed the loading of the vehicle a codefendant in the action.  A codefendant who is found to have committed a traffic infraction is subject to the same penalties as a driver.

EFFECT OF SENATE AMENDMENTS:  Language allowing the driver to petition the court to make the person responsible for loading the truck a codefendant is eliminated.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Rick Slunaker, Associated General Contractors; and Marty Sangster, Washington Trucking Association.

House Committee - Testified Against:      No one.

House Committee - Testimony For:    A driver is not always in control of how much is loaded onto his truck and is sometimes unaware that a truck is overloaded.  This bill allows a court to find out who is truly responsible for the problem.

House Committee - Testimony Against:      None.

VOTE ON FINAL PASSAGE:

      Yeas 96; Nays 2

Voting Nay: Representatives Fuhrman, McLean