ORIGINAL SENATE                                          

FILE   NO.  0175

 

ENROLLED ACT NO. 57,  SENATE

 

FIFTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING

2001 GENERAL SESSION

 

 

 

 

AN ACT relating to the multistate highway transportation
agreement; amending the multistate highway transportation
agreement as specified; and providing for an effective
date.

 

Be It Enacted by the Legislature of the State of Wyoming:

 

Section 1.  W.S. 31-18-901 is amended to read:

 

31-18-901.  Agreement provisions generally.

 

The Multistate Highway Transportation Agreement is enacted
into law and entered into with all other jurisdictions
legally joining therein in form substantially as follows:

 

ARTICLE I

DEFINITIONS

 

SECTION 1.   As used in this agreement:

 

(a)  "Cooperating committee" means a body composed of
the designated representatives from the participating
jurisdictions;

 

(a)(b)  "Designated representative" means a legislator
or other person appointed by the governor and authorized
under article IX to represent the jurisdiction;

 

(b)(c)  "Jurisdiction" means a state of the United
States or the District of Columbia;

 

(c)(d)  "Vehicle" means any vehicle as defined by
statute to be subject to size and weight standards which
operates in two (2) or more participating jurisdictions.

 

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ARTICLE II

GENERAL PROVISIONS

 

SECTION 1.  Qualifications for Membership.
Participation in this agreement is open to jurisdictions
which subscribe to the findings, purposes and objectives of
this agreement and will seek legislation necessary to
accomplish these objectives.

 

SECTION 2.  Cooperation. The participating
jurisdictions, working through their designated
representatives, shall cooperate and assist each other in
achieving the desired goals of this agreement pursuant to
appropriate statutory authority.

 

SECTION 3.  Vehicle Laws and Regulations. This
agreement shall not authorize the operation of a vehicle in
any participating jurisdiction contrary to the laws or
regulations of that state.

 

SECTION 4.  Interpretation. The final decision
regarding interpretation of questions at issue relating to
this agreement shall be reached by unanimous joint action
of the participating jurisdictions, acting through the
designated representatives. Results of all such actions
shall be placed in writing. This section shall have no
effect on any judicial decision.

 

SECTION 5.  Restrictions, Conditions or Limitations.
Any jurisdiction entering this agreement shall provide each
other participating jurisdiction with a list of any
restriction, condition or limitation on the general terms
of this agreement, if any.

 

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SECTION 6.  Additional Jurisdictions. Additional
jurisdictions may become members of this agreement by
signing and accepting the terms of the agreement.

 

ARTICLE III

COOPERATING COMMITTEE

 

SECTION 1.  Each participating jurisdiction shall have
two (2) designated representatives.
Pursuant to section 2,
article III II, the designated representatives of each of
the participating jurisdictions shall constitute a the
cooperating
committee which shall have the power to:

 

(a)  Collect, correlate, analyze and evaluate
information resulting or derivable from research and
testing activities in relation to vehicle size and weight
related matters;

 

(b)  Recommend and encourage the undertaking of
research and testing in any aspect of vehicle size and
weight or related matter when, in their collective
judgment, appropriate or sufficient research or testing has
not been undertaken;

 

(c)  Recommend changes in law or policy with emphasis
on compatibility of laws and uniformity of administrative
rules or regulations which would promote effective
governmental action or coordination in the field of vehicle
size and weight related matters.

 

(d)  Consider mutual transportation problems of the
motor carrier industry and recommend changes.

 

(e)  Recommend improvements in highway operations, in
vehicular safety and in state administration of highway
transportation laws.

 

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(f)  Perform functions necessary to facilitate the
purposes of this agreement.

 

SECTION 2.  Each designated representative of a
participating jurisdiction shall be entitled to one (1)
vote only. No action of the committee shall be binding is
approved
unless a majority of the total number of votes
cast by the designated representatives of the participating
jurisdictions are in favor thereof.

 

SECTION 3.  The committee shall meet at least once
annually and shall elect, from among its members, a
chairman, a vice-chairman and a secretary.

 

SECTION 4.  The committee shall submit annually to the
legislature of each participating jurisdiction, no later
than November 1,
a report setting forth the work of the
committee during the preceding year and including
recommendations developed by the committee. The committee
may submit such additional reports as it deems appropriate
or desirable. Copies of all such reports shall be made
available to the Transportation Committee of the Western
Conference, Council of State Governments and to the Western
Association of State Highway and Transportation Officials.

 

ARTICLE IV

OBJECTIVES OF THE PARTICIPATING JURISDICTIONS

 

SECTION 1.  Objectives. The participating
jurisdictions hereby declare that:

 

(a)  It is the objective of the participating
jurisdictions to obtain more efficient and more economical
transportation by motor vehicles between and among the
participating jurisdictions by encouraging the adoption of

 

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standards that will, as minimums, allow the operation on
all state highways, except those determined through
engineering evaluation to be inadequate, with a single-axle
weight of 20,000 pounds, a tandem-axle weight of 36,000
pounds and a gross vehicle or combination weight of that
resulting from application of the formula:

 

W = 500[LN/(N - 1) + 12N + 36] where W = maximum
weight in pounds carried on any group of two (2)
or more consecutive axles computed to the nearest
five hundred (500) pounds;

 

L = distance in feet between the extremes of any group
of two (2) or more consecutive axles;

 

N = number of axles in group under consideration.

 

(b)  It is the further objective of the participating
jurisdictions that in the event the operation of a vehicle
or combination of vehicles in interstate commerce according
to the provisions of subsection (a) of this section would
result in withholding or forfeiture of federal aid funds
pursuant to section 127, title 23, U.S. Code, the operation
of the vehicle or combination of vehicles at axle and gross
weights within the limits set forth in subsection (a) of
this section will
be authorized under special permit
authority by each participating jurisdiction which could
legally issue the permits prior to July 1, 1956, provided
all regulations and procedures related to the issuance in
effect as of July 1, 1956, are adhered to
for vehicle
combinations in excess of eighty thousand (80,000) pounds
gross vehicle weight or statutory maximum lengths
.

 

(c)  The objectives of subsections (a) and (b) of this
section relate to vehicles or combinations of vehicles in
regular operation, and the authority of any participating

 

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jurisdiction to issue special permits for the movement of
any vehicle or combinations of vehicles having dimensions
or weights in excess of
The maximum statutory limits in
each participating jurisdiction will not be affected.

 

(d)(c)  It is the further objective of the
participating jurisdictions to facilitate and expedite the
operation of any vehicle or combination of vehicles between
and among the participating jurisdictions under the
provisions of subsection (a) or (b) of this section, and to
that end the participating jurisdictions hereby agree,
through their designated representatives, to meet and
cooperate in the consideration of vehicle size and weight
related matters including, but not limited to, the
development of uniform enforcement procedures; additional
vehicle size and weight standards; operational standards;
agreements or compacts to facilitate regional application
and administration of vehicle size and weight standards;
uniform permit procedures; uniform application forms; rules
and regulations for the operation of vehicles, including
equipment requirements, driver qualifications and operating
practices; and such other matters as may be pertinent.

 

(e)(d)  In recognition of the limited prospects of
federal revision of section 127, title 23, U.S. Code, and
in order to protect participating jurisdictions against any
possibility of withholding or forfeiture of federal aid
highway funds, it is the further objective of the
participating jurisdictions to
The cooperating committee
may recommend that the participating jurisdictions jointly

secure congressional approval of this agreement and
specifically of the vehicle size and weight standards set
forth in subsection (a) of this section.

 

(f)  In recognition of desire for a degree of national
uniformity of size and weight regulations, it is the

 

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further objective to encourage development of broad,
uniform size and weight standards on a national basis, and
further that procedures adopted under this agreement be
compatible with national standards.

 

(e)  It is the further objective of the participating
jurisdictions to:

 

(i)  Establish transportation laws and
regulations to meet regional and economic needs and to
promote an efficient, safe and compatible transportation
network;

 

(ii)  Develop standards that facilitate the most
efficient and environmentally sound operation of vehicles 
on highways, consistent with and in recognition of
principles of highway safety;

 

(iii)  Establish programs to increase
productivity and reduce congestion, fuel consumption and
related transportation costs and enhance air quality
through the uniform application of state vehicle
regulations and laws; and

 

(iv)  Facilitate communication among legislators,
state transportation administrators and commercial industry
representatives to discuss unique highway transportation
issues in participating jurisdictions.

 

ARTICLE V

ENTRY INTO FORCE AND WITHDRAWAL

 

SECTION 1.  This agreement shall enter into force when
enacted into law by any two (2) or more jurisdictions.
Thereafter, this agreement shall become effective as to any

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other jurisdiction upon its enactment thereof, except as
otherwise provided in section 6, article II.

 

SECTION 2.  Any participating jurisdiction may
withdraw from this agreement by canceling the same but no
such withdrawal shall take effect until thirty (30) days
after the designated representative of the withdrawing
jurisdiction has given notice in writing of the withdrawal
to all other participating jurisdictions.

 

ARTICLE VI

CONSTRUCTION AND SEVERABILITY

 

SECTION 1.  This agreement shall be liberally
construed so as to effectuate the purposes thereof.

 

SECTION 2.  The provisions of this agreement shall be
severable and if any phrase, clause, sentence or provision
of this agreement is declared to be contrary to the
constitution of any participating jurisdiction or the
applicability thereto to any government, agency, person or
circumstance is held invalid, the validity of the remainder
of this agreement shall not be affected thereby. If this
agreement shall be held contrary to the constitution of any
jurisdiction participating herein, the agreement shall
remain in full force and effect as to the jurisdictions
affected as to all severable matters.

 

ARTICLE VII

FILING OF DOCUMENTS

 

SECTION 1.  A copy of this agreement, its amendments
and rules or regulations promulgated thereunder and
interpretations thereof shall be filed in the highway
department in each participating jurisdiction and shall be
made available for review by interested parties.

 

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ARTICLE VIII

EXISTING STATUTES NOT REPEALED

 

SECTION 1.  All existing statutes prescribing weight
and size standards and all existing statutes relating to
special permits shall continue to be of force and effect
until amended or repealed by law.

 

ARTICLE IX

SELECTION OF DESIGNATED REPRESENTATIVES

 

SECTION 1.  The process for selecting the designated
representatives to the cooperating committee shall be
established by law under this article.

 

SECTION 2.  The persons authorized to represent the
state of Wyoming as the designated representatives to the
committee shall be the chairman of the senate
transportation and highways committee and the chairman of
the house transportation and highways committee, or a
legislator or a state agency official each chairman may
designate.

 

SECTION 3.  The chairmen of the senate and house
transportation and highways committees shall also designate
one (1) alternate representative who shall also be a
legislator or state agency official to serve in the absence
of the representative designated under section 2 of this
article.

 

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Section 2.  This act is effective July 1, 2001.

 

(END)

 

 

 

 

                                     

Speaker of the House                  President of the Senate

 

                                              

                 Governor                     

                                              

                 TIME APPROVED: _________     

                 DATE APPROVED: _________     

 

I hereby certify that this act originated in the Senate.

 

 

Chief Clerk

 

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