Apu

Broompilot

Veteran Expediter
Can someone please direct me the Govt. Site and where President Bush signed the bill asking states to accept the extra weight.

Thank you in advance.
 

EASYTRADER

Expert Expediter
I got a ticket in Mississippi for being overweight, the DOT lady laughed when I asked about the APU exception, Anyway, most states don't grant the exception, overweight tickets are a major source of scale revenue.

I believe CA gives the exception, but I cant prove it.
 

Turtle

Administrator
Staff member
Retired Expediter
Not to put too fine a persnickety pedantic pointless point on it, Broom didn't ask about a site that talked about weight limits and APU's, rather, he asked for a government site where Bush signed the Bill (the one that asked the states to accept the extra weight). The government site I provided gives mention about where Bush signed that Bill.

Must be all the border crossings lately, where ya learn to precisely answer the question precisely as asked. Instead of reading read into the question what I think he might have meant by asking it, I merely answered the question. :D
 

greg334

Veteran Expediter
Turtle, I am surprised at that response because now I am confused :p

No really Phil, be an editor here.....

Land line article you refer to is this June 25th article about the progress of the measure.The president signed it into law and it was to be used as an exemption for all 50 states but somehow there was a push back from the states and it there was a 'decision' made to allow the states to decide to adopt it - to be exact here is the line the feds used "We determined that (the exemption) does not pre-empt state regulations or compel the states to grant the increased weight tolerance."

Yea right, it screwed the EPA up big time by the way.

So far these states recognizes the exemption; Arkansas, Kansas, Oregon, Washington and Wisconsin

and with Nebraska and Missouri in the process of adding it to their law, Alabama and Illinois has yet to recognize it.

Broom, If you need more info, ask I will find and post the links to all that I have when I get a chance.
 

Turtle

Administrator
Staff member
Retired Expediter
What's confusing about my response? Broom asked for a government site, of which OOIDA is not, where Bush signed the bill into law. The site I provided is a government site that is all about when and where Bushed signed the Bill.

The pertinent text of the law can be found here, #12 on the list:
US CODE: Title 23,127. Vehicle weight limitations—Interstate System

When I read it at the time it was a Bill, and again now, I really can't see how it can be interpreted to be left up to the states on whether or not to adopt it, especially when combined with the FMCSA part 658.17 (near the bottom)
 

greg334

Veteran Expediter
Actually the confusion is not caused by you but how I read your post.

Anywho.... the actual text of the legislation is as follows;

From section 756 of the Energy Policy Act of 2005 (Enrolled as Agreed to or Passed by Both House and Senate)

(c) Vehicle Weight Exemption- Section 127(a) of title 23, United States Code, is amended--
    • (1) by designating the first through eleventh sentences as paragraphs (1) through (11), respectively; and

    • (2) by adding at the end the following:

    • `(12) HEAVY DUTY VEHICLES-

      • `(A) IN GENERAL- Subject to subparagraphs (B) and (C), in order to promote reduction of fuel use and emissions because of engine idling, the maximum gross vehicle weight limit and the axle weight limit for any heavy-duty vehicle equipped with an idle reduction technology shall be increased by a quantity necessary to compensate for the additional weight of the idle reduction system.

      • `(B) MAXIMUM WEIGHT INCREASE- The weight increase under subparagraph (A) shall be not greater than 400 pounds.

      • `(C) PROOF- On request by a regulatory agency or law enforcement agency, the vehicle operator shall provide proof (through demonstration or certification) that--

        • `(i) the idle reduction technology is fully functional at all times; and

        • `(ii) the 400-pound gross weight increase is not used for any purpose other than the use of idle reduction technology described in subparagraph (A).'.
You are so right, there is no state decision clause in the legislation and the DOT has interpret it as a state decision. However the EPA was one of the groups who push for this exemption to be in the bill and it was their hope to force this on the states - no exceptions.

AND somewhere, I got to find it, there is a detailed explanation of what a heavy vehicle is, 8500 lb GVW with a diesel engine are the primary qualifications if I remember right
 
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