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ARIZONA STATE SENATE
RESEARCH STAFF
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BELINDA SICHULA RESEARCH
INTERN SEAN LAUX LEGISLATIVE RESEARCH
ANALYST TRANSPORTATION COMMITTEE Telephone: (602) 542-3171 Facsimile: (602) 542-7833 |
TRANSPORTATION COMMITTEE
DATE: February 12, 2002
SUBJECT: Strike everything
amendment to S.B. 1267
Purpose
Increases, from two miles to six 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 the court to consider documentation that the vehicle and load were previously weighed at Arizona Department of Transportation (ADOT) scales or public scales when escorted by law enforcement, and met statutorily prescribed gross weight limits.
Background
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 stated 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, unless the load and vehicle are escorted to the public scale by law enforcement. 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.
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. The strike-everything amendment to S.B.1267 allows the court to consider a weight ticket that the same load and vehicle were previously weighed on ADOT’s stationary scales or public weighmaster scales when escorted by law enforcement and were within the gross weight limits.
STRIKER MEMO
S.B. 1267
Page 2
There is no known fiscal impact associated with this legislation.
Provisions
1. Allows the court to consider 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 stationary scales or public scales.
2. Changes, from two miles to six miles, the distance a driver can to drive to public weight scales when a police officer requests the vehicle and load be weighed.
3. Provides for a general effective date.
BS/SL/ac
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