Current Status Bill Number:5087 Type of Legislation:Concurrent Resolution CR Introducing Body:House Introduced Date:19960530 Primary Sponsor:Cooper All Sponsors:Cooper Drafted Document Number:bbm\10910jm.96 Date Bill Passed both Bodies:19960612 Subject:Memoralize U.S. Department of Transportation
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19960612 Received from Senate
Senate 19960530 Introduced, adopted, returned
with concurrence
House 19960530 Adopted, sent to Senate
House 19960530 Committee report: Favorable 24 HIMR
House 19960530 Introduced, referred to Committee 24 HIMR
View additional legislative information at the LPITS web site.
TO MEMORIALIZE THE UNITED STATES DEPARTMENT OF TRANSPORTATION, FEDERAL HIGHWAY ADMINISTRATION, TO ACCEPT THE PROVISIONS OF AN ACT OF 1996 (S.1162) AS THE STATUTORY AUTHORITY APPLYING TO TANDEM AXLE WEIGHTS AND GROSS WEIGHTS OF VEHICLES OPERATED ON THE INTERSTATE HIGHWAYS OF SOUTH CAROLINA, AND TO RESOLVE THAT THE STATE OF SOUTH CAROLINA SHALL CONTINUE TO ENFORCE ALL OTHER FEDERAL BRIDGE FORMULA REQUIREMENTS FOR VEHICLES OPERATING BETWEEN 75,185 AND 80,000 POUNDS OF GROSS WEIGHT.
Whereas, the Federal Highway Administration established a tandem axle weight limit of 34,000 pounds for vehicles operating on interstate highways; and
Whereas, in a settlement of a legal action by the trucking industry against the Federal Highway Administration's enforcement efforts, the federal agency in 1983 allowed the State to continue to use the 35,200 pound limit it has used for over twenty-five years; and
Whereas, the General Assembly of the State of South Carolina has always considered the tandem axle weights of vehicles and the gross weights of vehicles to be separate and distinct; and
Whereas, in the settlement the federal agency restricted the use of the 35,200 pound tandem axle weight limit to vehicles whose gross weight is 75,185 pounds or less instead of allowing the tandem axle weight limit to apply to vehicles having gross weights of 80,000 pounds; and
Whereas, this restriction has caused intrastate vehicles having gross weights of between 75,185 and 80,000 pounds to use less safe and lower quality highways and roads, rather than interstate highways, thereby placing a substantial financial burden on the State's industries and increased concerns over highway safety; and
Whereas, the terms of the Federal Surface Transportation Assistance Act of 1982 were amended and Congressional intent is clear to allow a state to determine what vehicles or combinations of vehicles could be operated on the interstate highways; and
Whereas, by authority of an act of 1996 (S.1162) of the General Assembly of South Carolina, the State authorizes a 35,200 tandem axle weight limit on vehicles or combination vehicles to a gross weight of 80,000 pounds on the interstate highways of South Carolina. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the United States Department of Transportation's Federal Highway Administration is requested to accept the statutory law of South Carolina (S.1162 as enacted) as the authority to govern the acceptable vehicle tandem axle weight and gross vehicle weight for vehicles operated on the interstate highways of South Carolina.
Be it further resolved that the State of South Carolina shall continue to enforce all other federal bridge formula requirements for vehicles operating between 75,185 and 80,000 pounds of gross weight.
Be it further resolved that a copy of this resolution be forwarded to the Governor of South Carolina, the Attorney General of South Carolina, the South Carolina Departments of Transportation, Public Safety, and Commerce, each member of the Congress of the United States representing South Carolina, the Secretary of the United States Department of Transportation, and the Director of the Federal Highway Administration.