MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Transportation; Ways and Means
By: Representative Perkins
AN ACT TO AMEND SECTIONS 27-19-81, 27-19-89, 63-5-33 AND 65-1-46, MISSISSIPPI CODE OF 1972, TO INCREASE TO 90,000 POUNDS THE MAXIMUM GROSS WEIGHT ALLOWED FOR VEHICLES OPERATING ON THE HIGHWAYS OF THIS STATE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 27-19-81, Mississippi Code of 1972, is amended as follows:
27-19-81. (1) No vehicle shall be registered by the Department of Revenue or by a tax collector, and no license tag whatsoever shall be issued therefor, where the gross weight of such vehicle exceeds the limits provided by law. In the event of an emergency requiring the hauling of a greater gross weight than permitted by law, the owner or operator of such vehicle shall obtain an excess weight authorization from the Mississippi Department of Transportation or local authority having jurisdiction of the particular road, street or highway before operating such vehicle on the highways of this state to haul such a gross weight over a route to be designated by the aforesaid department. It shall then be necessary for the owner or operator of the vehicle to obtain a permit from the Transportation Department, which shall be issued by the department under the same provisions as are provided for the issuance of trip permits under Section 27-19-79, but which permit shall likewise be obtained prior to the operation of such vehicle on the highways. No persons or agencies other than the Mississippi Department of Transportation shall have authority to issue the permits provided for in this section. The fee to be charged for such permits shall be computed in the same manner provided in Section 27-19-79 for each one thousand (1,000) pounds, or fractional part thereof, of gross weight above the licensed capacity of the vehicle, up to the maximum legal weights provided by this article on the roads to be traveled.
This subsection shall apply, but not be limited to, any tractor, road roller or road machinery used solely and specifically in road building or other highway construction or maintenance work.
For each one thousand (1,000) pounds, or fractional part thereof, in excess of the weight authorized by Sections 63-5-29 and 63-5-33 for any such vehicle or in excess of the limits set by the Transportation Department for specified roads and bridges, the fee shall be Five Cents (5¢) per one thousand (1,000) pounds, or fractional part thereof, for each mile traveled upon the highways of the state, except that the fee for manufactured housing modular units, residential or commercial, shall be Two Cents (2¢) per one thousand (1,000) pounds, or fractional part thereof, for each mile traveled upon the highways of the state. Provided, however, no permit shall be issued for a fee of less than Ten Dollars ($10.00).
The Transportation Department may provide for an annual permit which will allow preapproved vehicles and loads to travel predesignated routes with self-issued permits. Under such self-issuance authority, the owner of the vehicle shall complete the permit in a format designated by the department, electronically transmit a copy to the department prior to the move, and ensure that a copy is in the possession of the operator. Vehicles having a gross weight exceeding the limits provided by law that have a nondivisible gross vehicle weight of ninety-five thousand (95,000) pounds or less, which are otherwise legal, shall not be restricted as to the hours of the day such vehicles may be operated on predesignated routes. The department shall bill the vehicle owner according to the provisions of the preceding paragraph. The department is authorized to modify predesignated routes at any time for cause, such as highway construction or hazardous highway conditions. The annual fee for the self-issuance permit authority obtained pursuant to this paragraph shall be Five Hundred Dollars ($500.00) per owner, regardless of the number of vehicles which he will operate pursuant to such permit, in addition to any other fees required by this section. Any vehicle and load being operated pursuant to this paragraph for which the operator does not have the permit or a copy thereof in his possession, or for which a copy of the permit was not electronically transmitted to the department, shall be deemed not to have a permit and shall be penalized accordingly.
It shall not be necessary for the owner or operator of a vehicle to obtain a permit pursuant to this subsection if such owner or operator has obtained for his vehicle an annual special permit for vehicles transporting heavy equipment pursuant to Section 63-5-52.
(2) Before operating a vehicle where the size of the load being hauled is in excess of that permitted by law, the owner or operator of such vehicle shall obtain excess size authorization from the Transportation Department or proper local authority and an excess size permit from the Transportation Department. Such excess size permit shall be issued by the Mississippi Department of Transportation under the same provisions as are provided for the issuance of trip permits under Section 27-19-79, and it shall be obtained prior to the operation of such vehicle on the highways. The fee to be charged for such excess size permit shall be Ten Dollars ($10.00) per trip. Such permits may be issued for an extended period of time and must coincide with the expiration date and other provisions of the carrier's permit or authorization issued by the Transportation Department or local authority. The fee for such extended permits shall be based upon an annual fee of One Hundred Dollars ($100.00) per carrier. No permit shall be issued under this subsection if the issuance of the permit would violate federal law or would cause the State of Mississippi to lose federal aid funds. This subsection shall not apply to any tractor, road roller or road machinery used solely and specifically in road building or other highway construction or maintenance work or to any machinery or equipment operated on the highways or transported thereon in the course of normal farming activities, including cotton module transporters.
(3) The Executive Director of the Mississippi Department of Transportation may authorize certain carriers of property to issue overweight and/or oversize permits for vehicles owned or operated by such carriers, provided such carriers have blanket authorization from the Transportation Commission and also meet other requirements established by the Transportation Commission.
* * *
( * * *4)
Any owner or operator who has met the requirements set by the
Mississippi Transportation Commission may defer payment of permits issued by
the department until the end of the current month. If full payment is not
received by the twentieth of the following month, there may be added as damages
to the total amount of the delinquency or deficiency the following
percentages: ten percent (10%) for the first offense; fifteen percent (15%)
for the second offense; and twenty-five percent (25%) for the third and any subsequent
offense. Upon the third offense, the department may suspend the privilege to
defer payment. The balance due shall become payable upon notice and demand by
the department.
( * * *5) The permit fee monies collected
under this section * * * shall be
deposited into the State Highway Fund for the construction, maintenance and
reconstruction of highways and roads of the State of Mississippi or the payment
of interest and principal on bonds authorized by the Legislature for
construction and reconstruction of highways.
( * * *6) The department may waive the
permits, taxes and fees set forth in this section whenever a motor vehicle is
operated upon the public highways in this state in response to an emergency, a
major disaster or the threat of a major disaster.
SECTION 2. Section 27-19-89, Mississippi Code of 1972, is amended as follows:
27-19-89. (a) If any nonresident owner or operator or other nonresident person eligible for a temporary permit as provided in Section 27-19-79, who has not elected to register and pay the annual privilege taxes prescribed, shall enter or go upon the public highways of the state and shall fail or refuse to obtain the permit required by Section 27-19-79, such person shall be liable, for the first such offense, for the full amount of the permit fee required, plus a penalty thereon of five hundred percent (500%). For the second and all subsequent offenses, such person who fails or refuses to obtain such permits shall be liable for the pro rata part of the annual tax for the balance of the tag year for the maximum legal gross weight of the vehicle plus a penalty thereon of twenty-five percent (25%). Any weight in excess of the maximum legal gross weight of the vehicle, or in excess of the maximum highway weight limit, shall be penalized according to subsection (c) of this section. In either case the excess weight shall be removed by the operator before the vehicle can be allowed to proceed. In order to constitute a "second or subsequent offense" under the provisions hereof, it shall not be necessary that the same or identical vehicle be involved, it being the declared purpose hereof to provide that such penalties shall run against the owner or operator rather than against the specified vehicle. It is further provided that, in order for such owner or operator to become liable for the penalties herein provided, it shall not be necessary to show that such owner or operator was guilty of willfulness, gross negligence or wantonness, but the offense shall be complete upon the failure or refusal to obtain the required permit.
(b) If any person who has registered his vehicle in Mississippi shall operate such vehicle upon the public highways, having a gross weight greater than the licensed gross weight of such vehicle, and shall fail or refuse to obtain a permit therefor as required by Section 27-19-79, or if any person shall operate any such registered vehicle upon the public highways in a higher classification than that for which it is registered, and shall fail or refuse to obtain a permit therefor as required by Section 27-19-79, then such person shall be liable for the pro rata part of the annual tax for the balance of the tag year for the legal gross weight of such vehicle and in the classification in which same is being operated, plus a penalty thereon of twenty-five percent (25%), after having been given credit for the unexpired part of the privilege tax paid, as provided in Section 27-19-75. In order that such owner or operator shall become liable for the penalties herein provided, it shall not be necessary to show that such owner or operator was guilty of willfulness, gross negligence or wantonness, but the offense shall be complete upon the failure or refusal to obtain the required permit.
(c) If any person shall operate upon a highway of this state a vehicle which has a greater vehicle gross weight than the maximum gross weight limit established by law for that highway and shall have failed to obtain an overload permit as required by Section 27-19-81, or if any person shall operate a vehicle with a greater load on any axle or axle grouping than allowed by law, then such person, owner or operator shall be assessed a penalty on such axle load weight or vehicle gross weight as exceeds the legal limit in accordance with the following schedule:
AMOUNT IN EXCESS OF
LEGAL HIGHWAY WEIGHT
LIMITS IN POUNDS PENALTY
1 to 999 $10.00 minimum penalty
1,000 to 1,999 1¢ per pound in excess of legal limit
2,000 to 2,999 2¢ per pound in excess of legal limit
3,000 to 3,999 3¢ per pound in excess of legal limit
4,000 to 4,999 4¢ per pound in excess of legal limit
5,000 to 5,999 5¢ per pound in excess of legal limit
6,000 to 6,999 6¢ per pound in excess of legal limit
7,000 to 7,999 7¢ per pound in excess of legal limit
8,000 to 8,999 8¢ per pound in excess of legal limit
9,000 to 9,999 9¢ per pound in excess of legal limit
10,000 to 10,999 10¢ per pound in excess of legal limit
11,000 or more 11¢ per pound in excess of legal limit
Any vehicle in violation of the tolerance allowed pursuant to Section 63-5-33(3) shall be fined pursuant to this subsection (c) for all weight in excess of the legal highway gross weight limit authorized for such vehicle or for all weight in excess of the legal tandem axle load weight limit of forty thousand (40,000) pounds and the legal single axle load limit of twenty thousand (20,000) pounds, whichever the case may be.
The penalty to be assessed for operations of a vehicle with a greater load on any axle or axle grouping than the legal axle load weight limits shall be one-half (1/2) the penalty for operation in excess of the legal gross weight limit.
In instances where both the legal highway gross weight limit and the legal axle load weight limit(s) are exceeded, the fine that shall be levied shall be either the penalty amount for the excess vehicle gross weight or the total of the penalty amounts of all overloaded axles, whichever is the larger amount.
Notwithstanding any other
provisions of this section to the contrary, the fine assessed against the * * *
owner/operator
of the vehicle for exceeding a gross vehicle weight of * * *
ninety
thousand (90,000) pounds shall be Five Cents (5¢) per pound and Fifteen
Cents (15¢) per pound for exceeding a gross vehicle weight of one hundred
thousand (100,000) pounds.
Notwithstanding any other
provision of this subsection (c) to the contrary, upon an appeal to the Appeals
Board of the Mississippi Transportation Commission by an owner or operator of a
vehicle * * * upon whom a
penalty has been assessed under this subsection (c) for exceeding the legal
weight limit(s) on a highway having a legal weight limit of eighty thousand
(80,000) pounds or less, the appeals board shall reduce the penalty assessed
against such owner/operator to an amount not to exceed ten percent (10%) of the
amount which would otherwise be due without the reduction authorized under this
paragraph. A reduction shall not be authorized under this paragraph if the
gross weight of the vehicle for which an owner/operator has been charged with a
violation of this section exceeds * * * ninety
thousand (90,000) pounds; and, in any event, no reduction shall be
authorized under this paragraph unless a penalty assessed under this section is
appealed to the appeals board and unless the board determines, based upon its
records, that * * * the
owner/operator has not been granted a penalty reduction under this paragraph
within a period of twelve (12) months immediately preceding the date of filing
an appeal with the board for a penalty reduction under this paragraph.
(d) If any nonresident
owner or operator who has not registered his vehicle and paid the annual
privilege taxes prescribed shall operate his vehicle upon the highways of this
state when such vehicle has a greater gross weight than permitted by law for
the highway traveled upon, and for which such excess gross weight a permit was
not or could not be procured from the transportation department as required by
Section 27-19-81, * * * that person shall be liable upon his second and all
subsequent offenses for the pro rata part of the annual tax for the balance of
the tag year for the legal gross weight of the vehicle, and in addition thereto
the penalty fee on the excess weight as specified in subsection (c) of this section.
In order that * * * the
owner or operator shall become liable for the penalties herein provided, it
shall not be necessary that the same or identical vehicle be involved, it being
the declared purpose hereof to provide that * * * the penalties shall run against the
owner or operator rather than against the specific vehicle.
(e) All fines and penalties
imposed and collected by the Mississippi Department of Transportation for
violations of the maximum legal vehicle weight limits authorized on the
highways of this state shall be deposited into a special fund that is created
in the State Treasury. Monies in the fund shall be allocated and distributed
quarterly, beginning September 30, 1994, to each county of the state based on
the amount of * * * the
fines and penalties imposed and collected in the county during the immediately
preceding three (3) months. Monies distributed to the counties under this
subsection shall be deposited in each county's road and bridge fund and may be
expended, upon approval of the board of supervisors, for any purpose for which
county road and bridge fund monies lawfully may be expended.
SECTION 3. Section 63-5-33, Mississippi Code of 1972, is amended as follows:
63-5-33. (1) Subject to the limitations imposed on wheel and axle loads by Section 63-5-27, and to the further limitations hereinafter specified, the total combined weight (vehicles plus load) on any group of axles of a vehicle or a combination of vehicles shall not exceed the value given in the following table (Table III) corresponding to the distance in feet between the extreme axles of the group, measured longitudinally to the nearest foot, on those highways or parts of highways designated by the Mississippi Transportation Commission as being capable of carrying the maximum load limits and, in addition thereto, such other highways or parts of highways found by the commission to be suitable to carry the maximum load limits from an engineering standpoint, and so designated as such by order of the commission entered upon its minutes and published once each week for three (3) consecutive weeks in a daily newspaper published in this state and having a general circulation therein. The maximum total combined weight carried on any group of two (2) or more consecutive axles shall be determined by the formula contained in the Federal Weight Law enacted January 4, 1975, as follows: W=500 (LN/N-1+12N+36) where W=maximum weight in pounds carried on any group of two (2) or more 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, and N=number of axles in any group under consideration.
TABLE III
DISTANCE
IN FEET
BETWEEN THE
EXTREMES OF
ANY GROUP
OF 2 OR MORE
CONSECUTIVE MAXIMUM LOAD IN POUNDS CARRIED ON ANY
AXLES GROUP OF 2 OR MORE CONSECUTIVE AXLES
2 axles 3 axles 4 axles 5 axles 6 axles 7 axles
4 34,000
5 34,000
6 34,000 Axle groups in
7 34,000
8 and
less 34,000 34,000 these spacings
More
than
8 38,000 42,000
9 39,000 42,500
10 40,000 43,500 impractical
11 44,000
12 45,000 50,000
13 45,500 50,500
14 46,500 51,500
15 47,000 52,000
16 48,000 52,500 58,000
17 48,500 53,500 58,500
18 49,500 54,000 59,000
19 50,000 54,500 60,000
20 51,000 55,500 60,500 66,000
21 51,500 56,000 61,000 66,500
22 52,500 56,500 61,500 67,000
23 53,000 57,500 62,500 68,000
24 54,000 58,000 63,000 68,500 74,000
25 54,500 58,500 63,500 69,000 74,500
26 55,500 59,500 64,000 69,500 75,000
27 56,000 60,000 65,000 70,000 75,500
28 57,000 60,500 65,500 71,000 76,500
29 57,500 61,500 66,000 71,500 77,000
30 58,500 62,000 66,500 72,000 77,500
31 59,000 62,500 67,500 72,500 78,000
32 60,000 63,500 68,000 73,000 78,500
33 64,000 68,500 74,000 79,000
34 64,500 69,000 74,500 80,000
35 65,500 70,000 75,000 80,000
36 66,000 70,500 75,500 80,000
37 66,500 71,000 76,000 80,000
38 67,500 71,500 77,000 80,000
39 68,000 72,500 77,500 80,000
40 68,500 73,000 78,000 80,000
41 69,500 73,500 78,500 80,000
42 70,000 74,000 79,000 80,000
43 70,500 75,000 80,000 80,000
44 71,500 75,500 80,000 80,000
45 72,000 76,000 80,000 80,000
46 72,500 76,500 80,000 80,000
47 73,500 77,500 80,000 80,000
48 74,000 78,000 80,000 80,000
49 74,500 78,500 80,000 80,000
50 75,500 79,000 80,000 80,000
51 76,000 80,000 80,000 80,000
52 76,500 80,000 80,000 80,000
53 77,500 80,000 80,000 80,000
54 78,000 80,000 80,000 80,000
55 78,500 80,000 80,000 80,000
56 79,500 80,000 80,000 80,000
57 80,000 80,000 80,000 80,000
(2) Moreover, in addition to the per axle weight limitations specified by Section 63-5-27, two (2) consecutive sets of tandem axles may carry a gross load of thirty-four thousand (34,000) pounds each, providing that the overall distance between the first and last axles of such consecutive sets of tandem axles is thirty-six (36) feet or more, except that, until September 1, 1989, the axle distance for tank trailers, dump trailers and ocean transport container haulers may be thirty (30) feet or more. Such overall gross weight may not exceed eighty thousand (80,000) pounds, except as provided by this section.
(3) Notwithstanding the
provisions of Section 63-5-27 and/or Section 63-5-29 to the contrary, vehicles * * *
shall be allowed a gross weight of not to exceed forty thousand (40,000) pounds
on any tandem. Vehicles * * * operating without a harvest permit shall be allowed a
tolerance not to exceed * * * five percent (5%)twelve and one-half percent (12-1/2%)
above their authorized gross vehicle weight, tandem or axle weight; except that
the maximum gross vehicle weight of any such vehicle shall not exceed * * *
ninety
thousand (90,000) pounds * * *. However, neither the
increased weights in this subsection nor any tolerance shall be allowed on
federal interstate highways or on other highways where a tolerance is
specifically prohibited by the Transportation Commission, the county board of
supervisors or the municipal governing authorities as provided for in Section
63-5-27. * * *
* * *
( * * *
4) Nothing in this
section or subsections (1) through (4) of Section 63-5-27 shall be construed to
deny the operation of any vehicle or combination of vehicles that could be
lawfully operated upon the interstate highway system of this state on January
4, 1975.
SECTION 4. Section 65-1-46, Mississippi Code of 1972, is amended as follows:
65-1-46. (1) There is created an Appeals Board of the Mississippi Transportation Commission. If any person feels aggrieved by a penalty for excess weight assessed against him by an agent or employee of the Mississippi Department of Transportation pursuant to Section 27-19-89, he may apply to the appeals board.
(2) The members serving on
the appeals board on April 7, 1995, shall continue to serve until July 1,
1995. On July 1, 1995, the appeals board shall be reconstituted to be composed
of five (5) qualified people. The initial appointments to the reconstituted
board shall be made no later than June 30, 1995, for terms to begin July 1,
1995, as follows: One (1) member shall be appointed by the Governor for a term
ending on June 30, 1996, one (1) member shall be appointed by the Lieutenant
Governor for a term ending on June 30, 1997, one (1) member shall be appointed
by the Attorney General for a term ending on June 30, 1998, one (1) member
shall be appointed by the Chairman of the State Tax Commission for a term
ending on June 30, 1999, and one (1) member shall be appointed by the Executive
Director of the Mississippi Department of Transportation for a term ending on
June 30, 2000. After the expiration of the initial terms of the members of the
reconstituted board, all subsequent appointments shall be made for terms of
four (4) years from the expiration date of the previous term. Any member
serving on the appeals board before July 1, 1995, may be reappointed to the
reconstituted appeals board. Appointments to the board shall be with the
advice and consent of the Senate; however, the advice and consent of the Senate
shall not be required for the appointment of a person to the reconstituted
appeals board for a term beginning on July 1, 1995, if * * * that person was serving as a member
of the appeals board on June 30, 1995, and * * * the person received the advice and
consent of the Senate for that appointment.
(3) There shall be a chairman and vice chairman of the board who shall be elected by and from the membership of the board. Any member who fails to attend three (3) consecutive regular meetings of the board shall be subject to removal by a majority vote of the board. A majority of the members of the board shall constitute a quorum. The chairman, or a majority of the members of the board, may call meetings as may be required for the proper discharge of the board's duties. Members of the board, except a member who is an officer or employee of the Mississippi Department of Transportation, shall receive per diem in the amount authorized by Section 25-3-69, for each day spent in the actual discharge of their duties and shall be reimbursed for mileage and actual expenses incurred in the performance of their duties in accordance with the provisions of Section 25-3-41.
Application shall be made by
petition in writing, within thirty (30) days after assessment of the penalty,
for a hearing and a review of the amount of the assessment. At the hearing the
appeals board shall try the issues presented according to the law and the facts
and within guidelines set by the Transportation Commission. Upon due
consideration of all the facts relating to the assessment of the penalty, the
appeals board, except as otherwise provided under this section or under Section
27-19-89, may require payment of the full amount of the assessment, may reduce
the amount of the assessment or may dismiss imposition of the penalty
entirely. The appeals board shall dismiss in its entirety the imposition of
any penalty imposed against * * * any
owner/operator if the * * * owner/operator proves to the
appeals board, by clear and convincing evidence, that the average load
transported by the * * * owner/operator during the * * * last five (5) * * * days immediately preceding the day upon
which the penalty appealed from was assessed did not exceed eighty thousand
(80,000) pounds. The appeals board shall reduce the penalty assessed against
the holder of a harvest permit to a maximum of Two Cents (2¢) per pound of
overweight if the * * * owner/operator proves to the appeals board, by clear and
convincing evidence, that the average load transported by the * * *
owner/operator
during the * * * last five (5) haul days immediately preceding the day
upon which the penalty appealed from was assessed exceeded seventy-nine
thousand nine hundred ninety-nine (79,999) pounds but did not exceed * * *
ninety
thousand (90,000) pounds. The board shall make such orders in the matter
as appear to it just and lawful and shall furnish copies thereof to the
petitioner. If the appeals board orders the payment of the penalty, the
petitioner shall pay the penalty, damages and interest, if any, within ten (10)
days after the order is issued unless there is an application for appeal from
the decision of the board as provided in the succeeding paragraph. Interest
shall accrue on the penalty at the rate of one percent (1%) per month, or part
of a month, beginning immediately after the expiration of the ten-day period.
If any person feels aggrieved by the decision of the appeals board, he may appeal the decision to the Chancery Court of the First Judicial District of Hinds County.
SECTION 5. This act shall take effect and be in force from and after July 1, 2014.