SF0175 - Multistate highway transportation agreement amendments.
|
2001 |
State of Wyoming |
01LSO-0642 |
SENATE FILE NO. SF0175
Multistate highway transportation agreement amendments.
Sponsored by: Senator(s) Barton and Representative(s)
Johnson, W.
A BILL
for
1 AN ACT relating to the
multistate highway transportation
2
agreement; amending the multistate highway transportation
3
agreement as specified; and providing for an effective
4
date.
5
6 Be It Enacted by the Legislature of the State of Wyoming:
7
8 Section 1. W.S. 31-18-901 is amended to read:
9
10 31-18-901. Agreement provisions generally.
11
12 The Multistate Highway Transportation
Agreement is enacted
13 into law and entered into with all other
jurisdictions
14 legally joining therein in form
substantially as follows:
15
16 ARTICLE I
Page 1
1 DEFINITIONS
2
3 SECTION 1. As used in this agreement:
4
5 (a) "Cooperating committee" means a body composed of
6 the designated representatives from
the participating
7 jurisdictions;
8
9 (a)(b) "Designated representative"
means a legislator
10 or other person appointed
by the governor and authorized
11 under article IX
to represent the jurisdiction;
12
13 (b)(c) "Jurisdiction"
means a state of the United
14 States or the District of Columbia;
15
16 (c)(d) "Vehicle"
means any vehicle as defined by
17 statute to be subject to size and weight
standards which
18 operates in two (2) or more participating
jurisdictions.
19
20 ARTICLE II
21 GENERAL PROVISIONS
22
23 SECTION 1. Qualifications for Membership.
24 Participation in this agreement is open to
jurisdictions
Page 2
1 which subscribe to the
findings, purposes and objectives of
2
this agreement and will seek legislation necessary to
3
accomplish these objectives.
4
5 SECTION
2. Cooperation. The participating
6
jurisdictions, working through their designated
7 representatives,
shall cooperate and assist each other in
8
achieving the desired goals of this agreement pursuant to
9
appropriate statutory authority.
10
11 SECTION 3. Vehicle Laws and Regulations. This
12 agreement shall not authorize the operation
of a vehicle in
13 any participating jurisdiction contrary to
the laws or
14 regulations of that state.
15
16 SECTION 4. Interpretation. The final decision
17 regarding interpretation of questions at
issue relating to
18 this agreement shall be reached by unanimous
joint action
19 of the participating jurisdictions, acting
through the
20 designated representatives. Results of all
such actions
21 shall be placed in writing. This section
shall have no
22 effect on any judicial decision.
23
Page 3
1 SECTION
5. Restrictions, Conditions or Limitations.
2 Any
jurisdiction entering this agreement shall provide each
3
other participating jurisdiction with a list of any
4
restriction, condition or limitation on the general terms
5 of
this agreement, if any.
6
7 SECTION
6. Additional Jurisdictions. Additional
8
jurisdictions may become members of this agreement by
9
signing and accepting the terms of the agreement.
10
11 ARTICLE III
12 COOPERATING COMMITTEE
14 SECTION 1. Each
participating jurisdiction shall have
15 two
(2) designated representatives. Pursuant to section 2,
16 article III II, the designated representatives of each of
17 the participating jurisdictions shall
constitute a the
18 cooperating
committee which shall have the power to:
19
20 (a) Collect,
correlate, analyze and evaluate
21 information resulting or derivable from
research and
22 testing activities in relation to vehicle
size and weight
23 related matters;
24
Page 4
1 (b) Recommend
and encourage the undertaking of
2
research and testing in any aspect of vehicle size and
3
weight or related matter when, in their collective
4
judgment, appropriate or sufficient research or testing has
5 not
been undertaken;
6
7 (c) Recommend
changes in law or policy with emphasis
8 on
compatibility of laws and uniformity of administrative
9
rules or regulations which would promote effective
10 governmental action or coordination in the
field of vehicle
11 size and weight related matters.
12
13 (d) Consider
mutual transportation problems of the
14 motor carrier industry and recommend
changes.
15
16 (e) Recommend
improvements in highway operations, in
17 vehicular
safety and in state administration of highway
18 transportation
laws.
19
20 (f) Perform functions
necessary to facilitate the
21 purposes
of this agreement.
22
23 SECTION 2. Each designated
representative of a
24 participating jurisdiction shall be entitled
to one (1)
Page 5
1 vote only. No action of
the committee shall be binding is
2 approved unless a majority
of the total number of votes
3
cast by the designated representatives of the
participating
4
jurisdictions are in favor thereof.
5
6 SECTION 3. The
committee shall meet at least once
7
annually and shall elect, from among its members, a
8
chairman, a vice-chairman and a secretary.
9
10 SECTION 4. The committee shall submit annually to the
11 legislature of each participating
jurisdiction, no later
than November 1,
a report setting forth the work of the
13 committee during the preceding year and
including
14 recommendations developed by the committee.
The committee
15 may submit such additional reports as it
deems appropriate
16 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.
20
21 ARTICLE IV
22 OBJECTIVES OF THE PARTICIPATING JURISDICTIONS
23
Page 6
1 SECTION
1. Objectives. The participating
2
jurisdictions hereby declare that:
3
4 (a) It is the
objective of the participating
5
jurisdictions to obtain more efficient and more economical
6
transportation by motor vehicles between and among the
7
participating jurisdictions by encouraging the adoption of
8
standards that will, as minimums, allow the operation on
9 all
state highways, except those determined through
10 engineering evaluation to be inadequate,
with a single-axle
11 weight of 20,000 pounds, a tandem-axle weight
of 36,000
12 pounds and a gross vehicle or combination
weight of that
13 resulting from application of the formula:
14
15 W = 500[LN/(N - 1) + 12N + 36] where W = maximum
16 weight in pounds carried on any group of two
(2)
17 or more consecutive axles computed to the
nearest
18 five hundred (500) pounds;
19
20 L = distance in feet between the extremes of any group
21 of two (2) or more consecutive axles;
22
23 N = number of axles in group under consideration.
24
Page 7
1 (b) It is the
further objective of the participating
2
jurisdictions that in the event the operation of a vehicle
3 or
combination of vehicles in interstate commerce
according
4 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
10 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
14 combinations in
excess of eighty thousand (80,000) pounds
15 gross vehicle
weight or statutory maximum lengths.
16
17 (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
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
23 each participating jurisdiction will not be
affected.
24
Page 8
1 (d)(c) It is the further objective of the
2
participating jurisdictions to facilitate and expedite the
3
operation of any vehicle or combination of vehicles between
4 and
among the participating jurisdictions under the
5
provisions of subsection (a) or (b) of this section, and to
6
that end the participating jurisdictions hereby agree,
7
through their designated representatives, to meet and
8
cooperate in the consideration of vehicle size and weight
9
related matters including, but not limited to, the
10 development of uniform enforcement
procedures; additional
11 vehicle size and weight standards; operational
standards;
12 agreements or compacts to facilitate
regional application
13 and administration of vehicle size and
weight standards;
14 uniform permit procedures; uniform
application forms; rules
15 and regulations for the operation of
vehicles, including
16 equipment requirements, driver
qualifications and operating
17 practices; and such other matters as may be
pertinent.
18
19 (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
Page 9
1 may recommend that the participating jurisdictions jointly
2
secure congressional approval of this agreement and
3
specifically of the vehicle size and weight standards set
4
forth in subsection (a) of this section.
5
6 (f) In recognition of desire for a degree of national
uniformity of size and weight
regulations, it is the
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.
12
13 (e) It is the further
objective of the participating
14 jurisdictions
to:
15
16 (i) Establish
transportation laws and
17 regulations
to meet regional and economic needs and to
18 promote
an efficient, safe and compatible transportation
19 network;
20
21 (ii) Develop standards
that facilitate the most
22 efficient
and environmentally sound operation of vehicles
23 on
highways, consistent with and in recognition of
24 principles
of highway safety;
Page 10
1
2 (iii) Establish programs to increase
3 productivity and reduce congestion,
fuel consumption and
4 related transportation costs and
enhance air quality
5 through the uniform application of
state vehicle
6 regulations and laws; and
7
8 (iv) Facilitate communication among legislators,
9 state transportation administrators and
commercial industry
10 representatives
to discuss unique highway transportation
11 issues
in participating jurisdictions.
12
13 ARTICLE V
14 ENTRY INTO FORCE AND WITHDRAWAL
15
16 SECTION 1. This agreement shall enter into force when
17 enacted into law by any two (2) or more
jurisdictions.
18 Thereafter, this agreement shall become
effective as to any
19 other jurisdiction upon its enactment
thereof, except as
20 otherwise provided in section 6, article II.
21
22 SECTION 2. Any participating jurisdiction may
23 withdraw from this agreement by canceling
the same but no
24 such withdrawal shall take effect until
thirty (30) days
Page 11
1 after the designated
representative of the withdrawing
2
jurisdiction has given notice in writing of the withdrawal
3 to
all other participating jurisdictions.
4
5 ARTICLE VI
6 CONSTRUCTION AND SEVERABILITY
7
8 SECTION 1. This
agreement shall be liberally
9 construed
so as to effectuate the purposes thereof.
10
11 SECTION 2. The provisions of this agreement shall be
12 severable and if any phrase, clause,
sentence or provision
13 of this agreement is declared to be contrary
to the
14 constitution of any participating
jurisdiction or the
15 applicability thereto to any government,
agency, person or
16 circumstance is held invalid, the validity
of the remainder
17 of this agreement shall not be affected
thereby. If this
18 agreement shall be held contrary to the
constitution of any
19 jurisdiction participating herein, the
agreement shall
20 remain in full force and effect as to the
jurisdictions
21 affected as to all severable matters.
22
23 ARTICLE VII
24 FILING OF DOCUMENTS
Page 12
1
2 SECTION 1. A
copy of this agreement, its amendments
3 and
rules or regulations promulgated thereunder and
4
interpretations thereof shall be filed in the highway
5
department in each participating jurisdiction and shall be
6
made available for review by interested parties.
7
8 ARTICLE VIII
9 EXISTING STATUTES NOT REPEALED
10
11 SECTION 1. All existing statutes prescribing weight
12 and size standards and all existing statutes
relating to
13 special permits shall continue to be of
force and effect
14 until amended or repealed by law.
15
16 ARTICLE IX
17 SELECTION OF DESIGNATED REPRESENTATIVES
18
19 SECTION 1. The process for
selecting the designated
20 representatives
to the cooperating committee shall be
21 established
by law under this article.
22
23 SECTION 2. The persons
authorized to represent the
24 state
of Wyoming as the designated representatives to the
Page 13
1 committee shall be the chairman of the senate
2 transportation and highways committee
and the chairman of
3 the house transportation and highways
committee, or a
4 legislator or a state agency official
each chairman may
5 designate.
6
7 SECTION 3. The chairmen of the senate and house
8 transportation and highways committees
shall also designate
9 one (1) alternate representative who
shall also be a
10 legislator
or state agency official to serve in the absence
11 of
the representative designated under section 2 of this
12 article.
13
14 Section 2. This act is effective July 1, 2001.
15
16 (END)
Page 14