SENATE BILL NO. 237
INTRODUCED BY M. COLE, SOMERVILLE, WANZENRIED
AN ACT REVISING THE MULTISTATE HIGHWAY TRANSPORTATION AGREEMENT; EXPANDING THE PURPOSES OF THE AGREEMENT; DEFINING "COOPERATING COMMITTEE"; REQUIRING EACH PARTICIPATING JURISDICTION TO HAVE TWO DESIGNATED REPRESENTATIVES; MANDATING WHO SHALL SERVE AS MONTANA'S DESIGNATED REPRESENTATIVES; EXPANDING THE POWERS OF THE COOPERATING COMMITTEE; CLARIFYING THE VOTING PROCEDURES OF THE COOPERATING COMMITTEE; REVISING THE OBJECTIVES OF THE PARTICIPATING JURISDICTIONS; ELIMINATING OBSOLETE REFERENCES; AND AMENDING SECTION 61-10-1101, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 61-10-1101, MCA, is amended to read:
"61-10-1101. Multistate Highway Transportation Agreement -- enactment and text. The Multistate Highway
Transportation Agreement is hereby enacted into law and entered into with all other jurisdictions legally joining therein in
the agreement in the form substantially as follows:
MULTISTATE HIGHWAY TRANSPORTATION AGREEMENT Pursuant to and in conformity with the laws of their respective jurisdictions, the participating jurisdictions, acting by and through their officials lawfully authorized to execute this agreement, do mutually agree 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 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, already having adopted substantially the 1964 bureau of public roads recommended vehicle size and weight standards, still find current federal limits more restrictive; and
(e) the 1974 revision of federal law (23 U.S.C. 127) did not contain any substantial improvements for vehicle size and
weight standards in the western states and deprives states of interstate matching money if vehicle weights and widths are
increased, even though the interstate system is nearly 92% 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.
Section 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 means for the encouragement and utilization of research that will facilitate the achievement of the foregoing purposes, with due regard for the findings set forth in section 1 of this article; and
(f) facilitate communication between legislators, state transportation administrators, and commercial industry representatives in addressing the emerging highway transportation issues in participating jurisdictions.
Article II. Definitions Section 1. As used in this agreement:
(a) "cooperating committee" means a committee composed of the designated representatives from the participating jurisdictions;
(b) "designated representative" means a legislator or other person authorized under Article XII 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 as subject to size and weight standards that operates in
two or more participating jurisdictions.
Article III. General Provisions Section 1. Qualifications for membership. Participation in this agreement is open to jurisdictions that subscribe to the findings, purposes, and objectives of this agreement and will seek legislation necessary to accomplish these objectives.
Section 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.
Section 3. Effect of headings. Article and section headings contained herein in this agreement may not be considered to
govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of any article or section hereof
of the agreement.
Section 4. Vehicle laws and regulations. This agreement does not authorize the operation of a vehicle in any
participating jurisdiction contrary to the laws or regulations thereof of the jurisdiction.
Section 5. Interpretation. The final decision regarding interpretation of questions at issue relating to this agreement shall
must be reached by unanimous joint action of the participating jurisdictions, acting through the designated representatives.
Results of all such actions shall must be placed in writing.
Section 6. Amendment. This agreement may be amended by unanimous joint action of the participating jurisdictions,
acting through the officials thereof of the jurisdictions authorized to enter into this agreement, subject to the requirements
of section 4, Article III. Any amendment shall must be placed in writing and become a part hereof of the agreement.
Section 7. Restrictions, conditions, or limitations. Any jurisdiction entering this agreement shall provide each other participating jurisdiction with a list of any restriction, condition, or limitation on the general terms of this agreement, if any.
Section 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 must have two designated representatives. Pursuant to section 2, Article III,
the designated representatives of the participating jurisdictions shall constitute a the cooperating committee that 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 that would promote effective governmental action or coordination in the field of vehicle size and weight related matters;
(d) recommend improvements in highway operations, in vehicular safety, and in state administration of highway transportation laws; and
(e) perform functions necessary to facilitate the purposes of this agreement.
Section 2. Each designated representative of a participating jurisdiction shall be is entitled to one vote only. No An
action of the committee shall may not be binding 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.
Section 3. The committee shall meet at least once annually and shall elect, from among its members, a chairman
presiding officer, a vice-chairman vice presiding officer, and a secretary.
Section 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 considers 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 and transportation 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 on all state highways, except those determined through 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 consecutive 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 that 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 for vehicle
combinations in excess of statutory weight of 80,000 pounds or statutory lengths;
(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
combinations of vehicles having dimensions and/or weights in excess of the maximum statutory limits in each participating
jurisdiction will not be affected;
(d) 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 for the operation of vehicles, including equipment requirements, driver
qualifications, and operating practices; and such other matters as may be pertinent;
(e)(d) 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 the participating jurisdictions to the cooperating committee may recommend that the participating
jurisdictions 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 to meet regional and economic needs and to promote an efficient, safe, and compatible transportation network;
(2) develop standards that facilitate the most efficient and environmentally sound operation of vehicles on highways consistent with and in recognition of principles of highway safety; and
(3) establish programs to increase productivity and reduce congestion, fuel consumption, and related transportation costs and enhance air quality through the uniform application of state vehicle regulations and laws.
Article VI. Entry Into Force and Withdrawal Section 1. This agreement shall enter into force becomes effective 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 of the agreement, except as otherwise provided in section 8, Article III.
Section 2. Any participating jurisdiction may withdraw from this agreement by canceling the same it but no such a
withdrawal shall may not take effect until 30 days after the designated representative of the withdrawing jurisdiction has
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 of the agreement.
Section 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 of
this agreement to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this
agreement shall is not be affected thereby. If this agreement shall be is held contrary to the constitution of any jurisdiction
participating herein in the agreement, the agreement shall remain remains 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 promulgated thereunder under the agreement and
interpretations thereof shall of the agreement must be filed in the highway department in each participating jurisdiction and
shall must be made available for review by interested parties.
Article IX. Existing Statutes Not Repealed Section 1. All existing statutes prescribing weight and size standards and all existing statutes relating to special permits
shall continue to be of force and effect until amended or repealed by law.
Article X. State Government Departments Authorized to Cooperate With Cooperating Committee
Section 1. Within appropriations available therefor, the departments, agencies, and officers of the government of this
state shall cooperate with and assist the cooperating committee within the scope contemplated by Article IV, subsections
1(a) and 1(b) of the agreement. The departments, agencies, and officers of the government of this state are authorized
generally to cooperate with said the cooperating committee.
Article XI. Funding
Section 1. Funds for the administration of this agreement, including participation in the cooperating committee and the actual expenses of the designated representatives, must be budgeted by each participating jurisdiction as appropriate.
Article XII. Selection of Designated Representatives
Section 1. The process for selecting the designated representatives to the cooperating committee must be established by law under this section.
Section 2. The persons authorized to represent the state of Montana as the designated representatives to the cooperating committee are the presiding officer of the senate highways and transportation committee and the presiding officer of the house transportation committee. The presiding officer may appoint a designee to serve in the presiding officer's place. The designee must be a legislator or an official of the Montana department of transportation.
Section 3. The presiding officers of the legislative committees shall each appoint one alternate designated representative. The alternate must be a legislator or an official of the Montana department of transportation and shall serve in the absence of the presiding officer."
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Latest Version of SB 237 (SB0237.ENR)
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