Assembly Bill No. 641–Committee on Transportation

 

(On Behalf of Nevada Motor Transport Association)

 

March 26, 2001

____________

 

Referred to Committee on Transportation

 

SUMMARY—Makes various changes to Multistate Highway Transportation Agreement. (BDR 43‑1330)

 

FISCAL NOTE:    Effect on Local Government: No.

                                 Effect on the State: Contains Appropriation not included in Executive Budget.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to the Multistate Highway Transportation Agreement; providing that each participating jurisdiction is entitled to select not more than two designated representatives to serve on the cooperating committee; requiring the departments, agencies and officers of each participating jurisdiction to cooperate with and provide assistance to the cooperating committee under certain circumstances; specifying the designated representatives from this state to serve on the cooperating committee; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. NRS 481A.010 is hereby amended to read as follows:

1-2    481A.010  The Multistate Highway Transportation Agreement is

1-3  hereby enacted into law and entered into with all jurisdictions legally

1-4  joining therein, in the form substantially as follows:

 

1-5  ARTICLE I Findings and Purposes

 

1-6    Section 1.  Findings.  The participating jurisdictions find that:

1-7    (a) The expanding regional economy depends on expanding

1-8  transportation capacity;

1-9    (b) Highway transportation is the major mode for movement of [people]

1-10  persons and goods in the western states;

1-11    (c) Uniform application in the west of more adequate vehicle size and

1-12  weight standards will result in a reduction of pollution, congestion, fuel

1-13  consumption and related transportation costs, which are necessary to

1-14  permit increased productivity;

2-1    (d) A number of western states have already, to the fullest extent

2-2  possible, adopted substantially the 1964 Bureau of Public Roads

2-3  recommended vehicle size and weight standards; and

2-4    (e) The [1956 provision of federal law, (23 U.S.C. 127), though long

2-5  outmoded, remains in effect depriving states of interstate matching money

2-6  if vehicle weights and widths are increased, even though the Interstate

2-7  System is more than 80 percent complete; and

2-8    (f) The] participating jurisdictions are most capable of developing

2-9  vehicle size and weight standards most appropriate for the regional

2-10  economy and transportation requirements, consistent with and in

2-11  recognition of principles of highway safety.

2-12    Sec. 2.  Purposes.  The purposes of this agreement are to:

2-13    (a) Adhere to the principle that each participating jurisdiction should

2-14  have the freedom to develop vehicle size and weight standards that it

2-15  determines to be most appropriate to its economy and highway system.

2-16    (b) Establish a system authorizing the operation of vehicles traveling

2-17  between two or more participating jurisdictions at more adequate size and

2-18  weight standards.

2-19    (c) Promote uniformity among participating jurisdictions in vehicle size

2-20  and weight standards on the basis of the objectives set forth in this

2-21  agreement.

2-22    (d) Secure uniformity insofar as possible, of administrative procedures

2-23  in the enforcement of recommended vehicle size and weight standards.

2-24    (e) Provide a means for the encouragement and utilization of research

2-25  which will facilitate the achievement of the foregoing purposes, with due

2-26  regard for the findings set forth in section 1 of this article.

2-27    (f) Facilitate communication among legislators, state transportation

2-28  administrators and commercial industry representatives in addressing

2-29  issues relating to highway transportation in participating jurisdictions.

 

2-30  ARTICLE II Definitions

 

2-31    Section 1.  As used in this agreement:

2-32    (a) “Cooperating committee” means the committee consisting of the

2-33  designated representatives from all participating jurisdictions.

2-34    (b) “Designated representative” means a legislator or other person

2-35  authorized pursuant to Article XI to represent the jurisdiction.

2-36    [(b)] (c) “Jurisdiction” means a state of the United States or the District

2-37  of Columbia.

2-38    [(c)] (d) “Vehicle” means any vehicle as defined by statute to be

2-39  subject to size and weight standards which operates in two or more

2-40  participating jurisdictions.

 

2-41  ARTICLE III General Provisions

 

2-42    Section 1.  Qualifications for Membership.  Participation in this

2-43  agreement is open to jurisdictions which subscribe to the findings,

2-44  purposes and objectives of this agreement and will seek legislation

2-45  necessary to accomplish [these] those objectives.

3-1    Sec. 2.  Cooperation.  The participating jurisdictions, working

3-2  through their designated representatives, shall cooperate and assist each

3-3  other in achieving the desired goals of this agreement pursuant to

3-4  appropriate statutory authority.

3-5    Sec. 3.  Effect of Headings.  Article and section headings contained

3-6  herein shall not be deemed to govern, limit, modify or in any manner affect

3-7  the scope, meaning or intent of the provisions of any article or section

3-8  [hereof.] of this agreement.

3-9    Sec. 4.  Vehicle Laws and Regulations.  This agreement [shall] does

3-10  not authorize the operation of a vehicle in any participating jurisdiction

3-11  contrary to the laws or regulations [thereof.] of the participating

3-12  jurisdiction.

3-13    Sec. 5.  Interpretation.  The final decision regarding interpretation of

3-14  questions at issue relating to this agreement [shall] must be reached by a

3-15  unanimous joint action of the participating jurisdictions, acting through the

3-16  designated representatives. Results of all such actions [shall] must be

3-17  placed in writing.

3-18    Sec. 6.  Amendment.  This agreement may be amended by a

3-19  unanimous joint action of the participating jurisdictions, acting through the

3-20  officials thereof authorized to enter into this agreement, subject to the

3-21  requirements of section 4[,] of article III. Any amendment [shall] must be

3-22  placed in writing and become a part [hereof.] of this agreement.

3-23    Sec. 7.  Restrictions, Conditions or Limitations.  Any jurisdiction

3-24  entering into this agreement shall provide to each other participating

3-25  jurisdiction [with] a list of any restriction, condition or limitation on the

3-26  general terms of this agreement, if any.

3-27    Sec. 8.  Additional Jurisdictions.  Additional jurisdictions may

3-28  become members of this agreement by signing and accepting the terms of

3-29  the agreement.

 

3-30  ARTICLE IV Cooperating Committee

 

3-31    Section 1.  Each participating jurisdiction is entitled to select not

3-32  more than two designated representatives. Pursuant to section 2[,] of

3-33  article III, the designated representatives of the participating jurisdictions

3-34  [shall] constitute a cooperating committee which [shall have the power to:]

3-35  may:

3-36    (a) Collect, correlate, analyze and evaluate information resulting or

3-37  derivable from research and testing activities in relation to vehicle size and

3-38  weight-related matters.

3-39    (b) Recommend and encourage the undertaking of research and testing

3-40  in any aspect of vehicle size and weight or related matter when, in their

3-41  collective judgment, appropriate or sufficient research or testing has not

3-42  been undertaken.

3-43    (c) Recommend changes in law or policy with emphasis on

3-44  compatibility of laws and uniformity of administrative rules or regulations

3-45  which would promote effective governmental action or coordination in the

3-46  field of vehicle size and weight-related matters.

4-1    (d) Recommend improvements in highway operations, vehicular safety

4-2  and state administration of highway transportation laws.

4-3    (e) Perform any functions required to carry out the purposes of this

4-4  agreement.

4-5    Sec. 2.  Each designated representative of a participating jurisdiction

4-6  [shall be] is entitled to one vote only. No action of the committee [shall be

4-7  binding] may be approved unless a majority of the total number of votes

4-8  cast by the designated representatives of the participating jurisdictions are

4-9  in favor [thereof.] of the action.

4-10    Sec. 3.  The committee shall meet at least once annually and shall

4-11  elect, from among its members, a chairman, a [vice-chairman] vice

4-12  chairman and a secretary.

4-13    Sec. 4.  The committee shall submit annually to the legislature of each

4-14  participating jurisdiction[, no later than November 1,] a report setting forth

4-15  the work of the committee during the preceding year and including

4-16  recommendations developed by the committee. The committee may submit

4-17  such additional reports as it deems appropriate . [or desirable. Copies of all

4-18  such reports shall be made available to the Transportation Committee of

4-19  the Western Conference, Council of State Governments, and to the

4-20  Western Association of State Highway Officials.]

 

4-21  ARTICLE V Objectives of the Participating Jurisdictions

 

4-22    Section 1.  Objectives.  The participating jurisdictions hereby declare

4-23  that:

4-24    (a) It is the objective of the participating jurisdictions to obtain more

4-25  efficient and [more] economical transportation by motor vehicles between

4-26  and among the participating jurisdictions by encouraging the adoption of

4-27  standards that will, as minimums, allow the operation of a vehicle or

4-28  combination of vehicles in regular operation on all state highways, except

4-29  those determined through an engineering evaluation to be inadequate, with

4-30  a single-axle weight not in excess of 20,000 pounds, a tandem-axle weight

4-31  not in excess of 34,000 pounds, and a gross vehicle or combination weight

4-32  not in excess of that resulting from application of the formula:

 

4-33  W = 500 [LN/ (N-1) + 12N + 36]

4-34    where W = Maximum weight in pounds carried on any group of two

4-35  or more axles computed to nearest 500 pounds.

4-36           L = distance in feet between the extremes of any group of two

4-37  or more consecutive axles.

4-38           N = number of axles in group under consideration.

 

4-39    (b) It is the further objective of the participating jurisdictions that [in the

4-40  event] the operation of a vehicle or combination of vehicles in interstate

4-41  commerce according to the provisions of subsection (a) of this section

4-42  [would result in withholding or forfeiture of federal-aid funds pursuant to

4-43  section 127, Title 23, U.S. Code, the operation of such vehicle or

4-44  combination of vehicles at axle and gross weights within the limits set forth

4-45  in subsection (a) of this section will] be authorized under special permit

5-1  authority by each participating jurisdiction [which could legally issue such

5-2  permits prior to July 1, 1956, provided all regulations and procedures

5-3  related to such issuance in effect as of July 1, 1956, are adhered to.

5-4    ( c) The objectives of subsections (a) and (b) of this section relate to

5-5  vehicles or combinations of vehicles in regular operation, and the authority

5-6  of any participating jurisdiction to issue special permits for the movement

5-7  of any vehicle or combination of vehicles having dimensions and/or

5-8  weights in excess of the maximum statutory limits in each participating

5-9  jurisdiction will not be affected.

5-10    (d)] if the vehicle or combination of vehicles weighs more than 80,000

5-11  pounds or exceeds the length prescribed by statute in the participating

5-12  jurisdiction in which the vehicle or combination of vehicles is operated.

5-13    (c) It is the further objective of the participating jurisdictions to

5-14  facilitate and expedite the operation of any vehicle or combination of

5-15  vehicles between and among the participating jurisdictions under the

5-16  provisions of subsection (a) or (b) of this section, and to that end the

5-17  participating jurisdictions hereby agree, through their designated

5-18  representatives, to meet and cooperate in the consideration of vehicle size

5-19  and weight-related matters , including, but not limited to, the development

5-20  of[:] uniform enforcement procedures , [;] additional vehicle size and

5-21  weight standards , [;] operational standards , [;] agreements or compacts to

5-22  facilitate regional application and administration of vehicle size and weight

5-23  standards , [;] uniform permit procedures , [;] uniform application forms ,

5-24  [;] rules and regulations for the operation of vehicles, including equipment

5-25  requirements, driver qualifications, and operating practices , [;] and such

5-26  other matters as may be pertinent.

5-27    [(e) In recognition of the limited prospects of federal revision of section

5-28  127, Title 23, U.S. Code, and in order to protect participating jurisdictions

5-29  against any possibility of withholding or forfeiture of federal-aid highway

5-30  funds, it is the further objective of]

5-31    (d) It is further the objective of the participating jurisdictions that the

5-32  cooperating committee may recommend that the participating jurisdictions

5-33  [to] jointly secure Congressional approval of this agreement and,

5-34  specifically of the vehicle size and weight standards set forth in subsection

5-35  (a) of this section.

5-36    [(f) In recognition of desire for a degree of national uniformity of size

5-37  and weight regulations, it is the further objective to encourage development

5-38  of broad, uniform size and weight standards on a national basis, and further

5-39  that procedures adopted under this agreement be compatible with national

5-40  standards.]

5-41    (e) It is the further objective of the participating jurisdictions to:

5-42      (1) Establish transportation laws and regulations that satisfy

5-43  regional and economic requirements and promote an efficient, safe and

5-44  compatible network of transportation.

5-45      (2) Develop standards that facilitate the most efficient and

5-46  environmentally sound operation of vehicles on highways, consistent

5-47  with and in recognition of the principles of highway safety.

5-48      (3) Establish programs to increase productivity and reduce

5-49  congestion, consumption of fuel and related costs of transportation and

6-1  enhance the quality of air through the uniform application of state

6-2  vehicle laws and regulations.

 

6-3  ARTICLE VI Entry Into Force and Withdrawal

 

6-4    Section 1.  This agreement [shall enter] enters into force when enacted

6-5  into law by any two or more jurisdictions. Thereafter, this agreement [shall

6-6  become] becomes effective as to any other jurisdiction upon its enactment

6-7  thereof, except as otherwise provided in section 8[,] of article III.

6-8    Sec. 2.  Any participating jurisdiction may withdraw from this

6-9  agreement by canceling [the same but no] this agreement, but such a

6-10  withdrawal [shall] must not take effect until 30 days after the designated

6-11  [representative] representatives of the withdrawing jurisdiction [has] have

6-12  given notice in writing of the withdrawal to all other participating

6-13  jurisdictions.

 

6-14  ARTICLE VII Construction and Severability

 

6-15    Section 1.  This agreement [shall] must be liberally construed [so as]

6-16  to effectuate the purposes thereof.

6-17    Sec. 2.  The provisions of this agreement [shall be] are severable and

6-18  if any phrase, clause, sentence or provision of this agreement is declared to

6-19  be contrary to the constitution of any participating jurisdiction , or the

6-20  applicability thereto to any government, agency, person or circumstance is

6-21  held invalid, the validity of the remainder of this agreement [shall] must

6-22  not be affected thereby. If this agreement [shall be] is held to be contrary to

6-23  the constitution of any jurisdiction participating herein, the agreement

6-24  [shall remain] remains in full force and effect as to the remaining

6-25  jurisdictions and in full force and effect as to the jurisdictions affected as to

6-26  all severable matters.

 

6-27  ARTICLE VIII Filing of Documents

 

6-28    Section 1.  A copy of this agreement, its amendments, and rules or

6-29  regulations promulgated thereunder and interpretations thereof [shall] must

6-30  be filed in the highway department in each participating jurisdiction and

6-31  [shall] must be made available for review by interested parties.

 

6-32  ARTICLE IX Cooperation by State Governments
with Cooperating Committee

 

6-33    Section 1.  Within the limits of legislative appropriations, the

6-34  departments, agencies and officers of each participating jurisdiction:

6-35    (a) Shall cooperate with and provide assistance to the cooperating

6-36  committee in carrying out the provisions of subsections (a) and (b) of

6-37  section 1 of article IV of this agreement; and

6-38    (b) May cooperate with the cooperating committee concerning any

6-39  other provision of this agreement.

 

7-1  ARTICLE X Funding

 

7-2    Section 1.  Funds for the administration of this agreement, including

7-3  participation in the cooperating committee and the actual authorized

7-4  expenses of the designated representatives, must be budgeted from any

7-5  fees collected for the highway fund of each participating jurisdiction.

 

7-6  ARTICLE XI Selection of Designated Representatives

 

7-7    Section 1.  Each participating jurisdiction shall establish by law the

7-8  procedure for selecting its designated representatives to serve on the

7-9  cooperating committee.

7-10    Sec. 2.  NRS 481A.020 is hereby amended to read as follows:

7-11    481A.020  [1.  The governor shall appoint the director of the

7-12  department of transportation as the designated representative] The

7-13  designated representatives of this state to serve on the cooperating

7-14  committee established by article IV of the Multistate Highway

7-15  Transportation Agreement[.

7-16    2.  The designated representative of this state may be represented by an

7-17  alternate designated by him. Any such alternate must be a principal deputy

7-18  in the department of transportation.] are:

7-19    1.  The chairman of the senate standing committee on transportation

7-20  or a person designated by him; and

7-21    2.  The chairman of the assembly standing committee on

7-22  transportation or a person designated by him.

7-23    Sec. 3.  1.  There is hereby appropriated from the state highway fund

7-24  to the legislative fund to pay the cost of the salaries, per diem and travel

7-25  expenses and dues for membership in the Multistate Highway

7-26  Transportation Association for the designated representatives specified in

7-27  NRS 481A.020:

7-28    For the fiscal year 2001-2002..................... $7,500

7-29    For the fiscal year 2002-2003..................... $7,500

7-30    2.  The sums appropriated by subsection 1 are available for either fiscal

7-31  year.

7-32    Sec. 4.  This act becomes effective on July 1, 2001.

 

7-33  H