SENATE BILL REPORT

EHB 2716

BYRepresentatives Crane and S. Wilson 

Making a person who overloads a truck a codefendant.

House Committe on Transportation

Senate Committee on Transportation

Senate Hearing Date(s):February 22, 1990

Majority Report:  Do pass as amended.

      Signed by Senators Patterson, Chairman; Thorsness, Vice Chairman; Bender, Benitz, Conner, DeJarnatt, Hansen, Madsen, Murray, Nelson, Patrick, Sellar.

Senate Staff:Mary McLaughlin (786-7309)

                  February 23, 1990

AS REPORTED BY COMMITTEE ON TRANSPORTATION, FEBRUARY 22, 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.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

SUMMARY OF PROPOSED SENATE AMENDMENT:

The provision that a truck driver who has been issued a traffic citation may ask the court to name the person who loaded the vehicle as a codefendant is removed.

Senate Committee - Testified: Martin Sangster, WTA; Mark Wilson, All Americas