A new Alabama law covers portable scales along state roadways and platform scales at weigh stations.
State law permits portable scales to be used to enforce weight limits.
Previously SB110, the new law includes a provision to permit a truck driver to challenge the accuracy of portable scales.
If the operator believes that a determination of violation is “based on inaccuracies of the portable scales,” the operator would have two options to challenge the results.
The first option is to request that an enforcement officer accompany the operator and vehicle to the nearest platform scales certified by the state. The certified scales must be located within 10 miles. The second option would be to proceed to the nearest platform scales certified by the state within 100 miles without being accompanied by an enforcement officer.
If the axle weights or gross weight of a vehicle is shown by the platform scales at a weigh station to be within the legal limits, including the allowable load tolerance, the truck driver would not be in violation. If a citation had been issued beforehand, it would be considered void.
The new law also stipulates that no more than five vehicles can be detained at portable scales at any one time. The total includes the vehicle being weighed. The law takes effect Oct. 1.
Other provisions removed
One revision to the bill made along its path to the governor’s desk was to remove a mandate that an enforcement officer accompany a truck and driver to platform scales at a weigh station within 30 minutes.
Another provision deleted from the bill called for allowing more weight per axle for log trucks.
The legal limit for a single axle would have increased from 20,000 pounds to 22,000 pounds. The legal limit for two axles would have been raised to 44,000 pounds from 34,000 pounds.
The 80,000-pound total weight limit of a log truck would not change. The Alabama Department of Transportation opposed the log truck provision.
Critics said heavier trucks in Alabama would quicken road wear and threaten public safety. Others questioned why any portion of the trucking industry would want to do something that would contribute to higher liability insurance rates.
New Jersey
In New Jersey, legislation would expand enforcement options from traditional weigh stations.
The Garden State maintains weigh-in-motion sites on various types of roadway classifications. Weigh-in-motion devices capture axle weights and gross vehicle weight of moving trucks. Vehicles do not need to be stopped to be weighed.
The technology is touted to provide a more efficient method to weigh vehicles and provides useful data.
The Owner-Operator Independent Drivers Association says the devices are problematic.
Doug Morris, OOIDA director of state government affairs, said states have looked into enforcing weigh-in-motion violations but have found that the weights measured do not fall within scientific weight tolerances or standards.
Senate Bill 745
Sen. Patrick Diegnan, D-Middlesex, is behind a bill that would require the New Jersey DOT in consultation with the Department of Law and Public Safety to establish a weigh-in-motion program for certain bridges.
Diegnan said the problem of overweight cargo trucks on roadways “is much worse than most people realize.” He said nearly a quarter of all trucks in the state exceed the 80,000-pound federal limit.
“The passage of this legislation would ensure that all trucks are operating within the legal limit, as well as reduce traffic and wait times for truck drivers and law enforcement officers, who would no longer need to stop at a traditional weigh station,” he stated.
S745 would require the placement and use of weigh-in-motion stations to monitor vehicle weight as vehicles approach bridges that are categorized as poor by the National Bridge Inventory.
Each system would include a scale, at least one camera, signage to indicate modified speed limits as needed and other equipment deemed necessary.
The Senate Transportation Committee voted to advance the bill after making a change to clarify that a violation does not occur if the weight of the vehicle exceeds a weight threshold by no more than 5%. Additionally, if a weigh-in-motion system does not find a vehicle to be in violation, the vehicle is permitted to bypass a weigh station.
The bill awaits further consideration in the Senate Budget and Appropriations Committee. LL
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