Assembly Bill No. 641–Committee on Transportation

 

CHAPTER..........

 

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; authorizing 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:

 

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

   481A.010  The Multistate Highway Transportation Agreement is

 hereby enacted into law and entered into with all jurisdictions legally

 joining therein, in the form substantially as follows:

 

ARTICLE I Findings and Purposes

 

   Section 1.  Findings.  The participating jurisdictions find that:

   (a) The expanding regional economy depends on expanding

 transportation capacity;

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

 persons and goods in the western states;

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

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

 consumption and related transportation costs, which are necessary to

 permit increased productivity;

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

 possible, adopted substantially the 1964 Bureau of Public Roads

 recommended vehicle size and weight standards; and

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

 outmoded, remains in effect depriving states of interstate matching money

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

 System is more than 80 percent complete; and

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

 vehicle size and weight standards most appropriate for the regional

 economy and transportation requirements, consistent with and in

 recognition of principles of highway safety.

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

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

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

 determines to be most appropriate to its economy and highway system.

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

 between two or more participating jurisdictions at more adequate size and

 weight standards.

   (c) Promote uniformity among participating jurisdictions in vehicle size

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

 agreement.

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

in the enforcement of recommended vehicle size and weight standards.

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

 which will facilitate the achievement of the foregoing purposes, with due

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

   (f) Facilitate communication among legislators, state transportation

 administrators and commercial industry representatives in addressing

 issues relating to highway transportation in participating jurisdictions.

 

ARTICLE II Definitions

 

   Section 1.  As used in this agreement:

   (a) “Cooperating committee” means the committee consisting of the

 designated representatives from all participating jurisdictions.

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

 authorized pursuant to Article XI to represent the jurisdiction.

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

 of Columbia.

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

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

 participating jurisdictions.

 

ARTICLE III General Provisions

 

   Section 1.  Qualifications for Membership.  Participation in this

 agreement is open to jurisdictions which subscribe to the findings,

 purposes and objectives of this agreement and will seek legislation

 necessary to accomplish [these] those objectives.

   Sec. 2.  Cooperation.  The participating jurisdictions, working

 through their designated representatives, shall cooperate and assist each

 other in achieving the desired goals of this agreement pursuant to

 appropriate statutory authority.

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

 herein shall not be deemed to govern, limit, modify or in any manner

 affect the scope, meaning or intent of the provisions of any article or

 section [hereof.] of this agreement.

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

 not authorize the operation of a vehicle in any participating jurisdiction

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

 jurisdiction.

   Sec. 5.  Interpretation.  The final decision regarding interpretation of

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

 unanimous joint action of the participating jurisdictions, acting through the

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

 placed in writing.

   Sec. 6.  Amendment.  This agreement may be amended by a

 unanimous joint action of the participating jurisdictions, acting through the

 officials thereof authorized to enter into this agreement, subject to the

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

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

   Sec. 7.  Restrictions, Conditions or Limitations.  Any jurisdiction

entering into this agreement shall provide to each other participating

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

 general terms of this agreement, if any.

   Sec. 8.  Additional Jurisdictions.  Additional jurisdictions may

 become members of this agreement by signing and accepting the terms of

 the agreement.

 

ARTICLE IV Cooperating Committee

 

   Section 1.  Each participating jurisdiction is entitled to select not

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

 article III, the designated representatives of the participating jurisdictions

 [shall] constitute a cooperating committee which [shall have the power

 to:] may:

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

 derivable from research and testing activities in relation to vehicle size and

 weight-related matters.

   (b) Recommend and encourage the undertaking of research and testing

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

 collective judgment, appropriate or sufficient research or testing has not

 been undertaken.

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

 compatibility of laws and uniformity of administrative rules or regulations

 which would promote effective governmental action or coordination in the

 field of vehicle size and weight-related matters.

   (d) Recommend improvements in highway operations, vehicular safety

 and state administration of highway transportation laws.

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

 agreement.

   Sec. 2.  Each designated representative of a participating jurisdiction

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

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

 cast by the designated representatives of the participating jurisdictions are

 in favor [thereof.] of the action.

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

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

 chairman and a secretary.

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

 participating jurisdiction[, no later than November 1,] a report setting

 forth the work of the committee during the preceding year and including

 recommendations developed by the committee. The committee may

 submit such additional reports as it deems appropriate . [or desirable.

 Copies of all such reports shall be made available to the Transportation

 Committee of the Western Conference, Council of State Governments, and

 to the Western Association of State Highway Officials.]

 

ARTICLE V Objectives of the Participating Jurisdictions

 

   Section 1.  Objectives.  The participating jurisdictions hereby declare

 that:

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

 efficient and [more] economical transportation by motor vehicles between

 and among the participating jurisdictions by encouraging the adoption of

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

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

 those determined through an engineering evaluation to be inadequate, with

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

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

 not in excess of that resulting from application of the formula:

 

W = 500 [LN/ (N-1) + 12N + 36]

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

 or more axles computed to nearest 500 pounds.

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

 or more consecutive axles.

             N = number of axles in group under consideration.

 

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

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

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

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

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

 combination of vehicles at axle and gross weights within the limits set

 forth in subsection (a) of this section will] be authorized under special

 permit authority by each participating jurisdiction [which could legally

 issue such permits prior to July 1, 1956, provided all regulations and

 procedures related to such issuance in effect as of July 1, 1956, are

 adhered to.

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

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

 of any participating jurisdiction to issue special permits for the movement

 of any vehicle or combination of vehicles having dimensions and/or

 weights in excess of the maximum statutory limits in each participating

 jurisdiction will not be affected.

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

 pounds or exceeds the length prescribed by statute in the participating

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

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

 facilitate and expedite the operation of any vehicle or combination of

 vehicles between and among the participating jurisdictions under the

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

 participating jurisdictions hereby agree, through their designated

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

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

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

 weight standards , [;] operational standards , [;] agreements or compacts to

 facilitate regional application and administration of vehicle size and

 weight

standards , [;] uniform permit procedures , [;] uniform application forms ,

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

 requirements, driver qualifications, and operating practices , [;] and such

 other matters as may be pertinent.

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

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

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

 funds, it is the further objective of]

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

 cooperating committee may recommend that the participating

 jurisdictions [to] jointly secure Congressional approval of this agreement

 and, specifically of the vehicle size and weight standards set forth in

 subsection (a) of this section.

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

 and weight regulations, it is the further objective to encourage

 development of broad, uniform size and weight standards on a national

 basis, and further that procedures adopted under this agreement be

 compatible with national standards.]

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

     (1) Establish transportation laws and regulations that satisfy

 regional and economic requirements and promote an efficient, safe and

 compatible network of transportation.

     (2) Develop standards that facilitate the most efficient and

 environmentally sound operation of vehicles on highways, consistent

 with and in recognition of the principles of highway safety.

     (3) Establish programs to increase productivity and reduce

 congestion, consumption of fuel and related costs of transportation and

 enhance the quality of air through the uniform application of state

 vehicle laws and regulations.

 

ARTICLE VI Entry Into Force and Withdrawal

 

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

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

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

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

   Sec. 2.  Any participating jurisdiction may withdraw from this

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

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

 [representative] representatives of the withdrawing jurisdiction [has] have

 given notice in writing of the withdrawal to all other participating

 jurisdictions.

 

ARTICLE VII Construction and Severability

 

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

 to effectuate the purposes thereof.

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

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

 be contrary to the constitution of any participating jurisdiction , or the

applicability thereto to any government, agency, person or circumstance is

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

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

 to the constitution of any jurisdiction participating herein, the agreement

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

 jurisdictions and in full force and effect as to the jurisdictions affected as

 to all severable matters.

 

ARTICLE VIII Filing of Documents

 

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

 regulations promulgated thereunder and interpretations thereof [shall]

 must be filed in the highway department in each participating jurisdiction

 and [shall] must be made available for review by interested parties.

 

ARTICLE IX Cooperation by State Governments

with Cooperating Committee

 

   Section 1.  Within the limits of legislative appropriations, the

 departments, agencies and officers of each participating jurisdiction

 may cooperate with and provide assistance to the cooperating committee

 concerning any provision of this agreement.

 

 

ARTICLE X Funding

 

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

 participation in the cooperating committee and the actual authorized

 expenses of the designated representatives, must be budgeted from any

 fees collected for the highway fund of each participating jurisdiction.

 

ARTICLE XI Selection of Designated Representatives

 

   Section 1.  Each participating jurisdiction shall establish by law the

 procedure for selecting its designated representatives to serve on the

 cooperating committee.

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

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

 department of transportation as the designated representative] The

 designated representatives of this state to serve on the cooperating

 committee established by article IV of the Multistate Highway

 Transportation Agreement[.

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

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

 in the department of transportation.] are:

   1.  The chairman of the senate standing committee on transportation

 or a person designated by him; and

   2.  The chairman of the assembly standing committee on

 transportation or a person designated by him.

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

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

 expenses and dues for membership in the Multistate Highway

 Transportation Association for the designated representatives specified in

 NRS 481A.020:

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

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

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

 year. Any balance of those sums must not be committed for expenditure

 after June 30, 2003, and reverts to the state general fund as soon as all

 payments of money committed have been made.

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

 

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