ARIZONA STATE SENATE
Phoenix, Arizona
weighing vehicles and loads
Increases, from two miles to
five miles, the distance a driver of a load-bearing vehicle can drive to a
public weight scale when law enforcement requests the vehicle and load be
weighed. Allows law enforcement to
accept documentation that the vehicle and load were previously weighed at
Arizona Department of Transportation (ADOT) scales or public scales and met
statutorily prescribed gross weight limits.
Current law requires
commercial vehicles to be weighed upon entering the State. At larger ports of
entry, ADOT uses static scales, which weigh the vehicle while it is moving on
the highway. Only those vehicles whose
gross weight is over the legal limit are stopped by law enforcement. At smaller ports, mobile or platform scales
are used, which require the vehicle to be stationary when it is weighed. Law enforcement may require vehicles to be
weighed at times other than entering the State if there is a concern or
complaint that the vehicle and load exceed the maximum allowable gross
weight. If law enforcement does not
have portable scales with them, current law allows law enforcement to escort a
load-bearing vehicle to a public scale if the public scale is within two
miles. ADOT states that at least twice
annually the Department participates with local jurisdictions on “special
details” to conduct weighings in areas where concerns about overloaded vehicles
have been reported.
Currently, ADOT does not
recognize weight receipts from public weigh stations. According to ADOT, public weigh stations are not required to
follow the same federally mandated guidelines and regulations required of ADOT
scales. However, public weigh stations
may choose to be certified by the Department of Weights and Measures. For continued certification, public scales
must be annually calibrated. S.B. 1267
allows law enforcement to accept documentation from ADOT and public weigh stations
that the vehicle and load do not exceed the gross weight limitation.
There
have recently been some concerns about discrepancies between the weight from
ADOT portable scales and weight from public weighmaster scales. Currently, when a citation for a weight
violation is issued and contested, the court may only consider the ADOT-issued
weight ticket. S.B. 1267 specifies that
documentation indicating that the vehicle and load met statutorily prescribed
gross weight restrictions when previously weighed on a public weighmaster scale
or ADOT scale is prima facie evidence that the gross weight of the vehicle and
load is lawful.
There is no known fiscal
impact associated with this legislation.
1. Considers, as prima facie evidence, documentation presented by the driver of a load-bearing vehicle that the same vehicle and load were within gross weight limits when previously weighed on ADOT scales or public scales.
2. Changes the distance a driver can drive to public weight scales from two miles to five miles when a police officer requests the vehicle and load be weighed.
3. Makes conforming changes.
4. Provides for a general effective date.
Prepared by Senate Staff
February 8, 2002