SENATE BILL REPORT

SB 5877

BYSenators Patterson and Conner

Revising treatment of overloaded trucks.

Senate Committee on Transportation

Senate Hearing Date(s):February 28, 1989

Senate Staff:Mary McLaughlin (786-7309)

AS OF FEBRUARY 23, 1989

BACKGROUND:

Upon weighing a vehicle, if it is determined by a police officer that the vehicle is overweight, the officer may require the driver to park the vehicle and remove a portion of the load so that the truck complies with the licensed gross weight of the vehicle or the gross weight allowed by an additional tonnage or overweight special permit.

If a vehicle is loaded with grain or other perishable commodities, the driver is permitted to proceed to its destination, provided the total weight does not exceed the vehicle's licensed gross weight or special permit by more than 10 percent.

A Washington State Patrol or weight control officer may confiscate a DOT-issued special permit (log tolerance, over- dimensional, overweight or additional tonnage permit) if a driver is operating the vehicle in violation of conditions of the permit.  Example:  A truck with a special permit for 60,000 pounds weighs in at 70,000 pounds at the scales.  An officer issues a citation, and may pull the special permit, place the vehicle out-of-service and require the driver to purchase a new permit.  Because the confiscated permit is invalidated and nonrefundable, the driver must purchase a new permit for the full 70,000 pounds instead of obtaining another special permit for the additional 10,000 pounds.  If the vehicle is placed out-of- service at a location other than a port of entry that sells DOT special permits, the driver must obtain a new permit from a DOT district headquarters or an agent of the department before resuming the trip.

SUMMARY:

If the gross weight of a vehicle and its load does not exceed the licensed gross weight of the vehicle, or the gross weight allowed under special permit, by more than 10 percent, the driver is allowed to proceed to its destination. 

The 10 percent tolerance for grain and perishable loads, and the confiscation procedures for special permit violations are repealed.  Removal of the confiscation procedures allows a carrier whose load exceeds the weight allowed in the special permit to purchase an additional permit for the amount of the weight difference. 

It is unlawful for the driver of a vehicle to fail or refuse to stop and submit to a weighing. (This language is the same as the language being repealed in the 10 percent weight tolerance for perishable goods.) 

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested