State Watch – May 2023
We know you don’t have time to keep up with all of the bills being considered that affect your trucking business. That’s why your Association keeps a close watch on legislative action in statehouses near you.
For a complete rundown of state legislation, visit LandLine.Media.
Florida
Two bills covering left lane use for all highway users are moving through both Florida statehouse chambers.
State law prohibits travelers from driving too slow in the left lane of a multilane highway if they “reasonably should know” they are being overtaken by another vehicle. Drivers traveling the speed limit also are required to yield to vehicles exceeding the posted speed limit. Violators face $158 fines.
H421 and S464 would revise the state’s left lane rule to forbid any vehicle from continuous operation in the far left lane of roadways posted at least 65 mph unless overtaking and passing another vehicle, or preparing to turn left.
Exceptions would be made for emergency vehicles and vehicles engaged in highway maintenance or construction.
Indiana
Indiana House lawmakers voted to advance a bill that would authorize the Indiana State Police to set up cameras in highway work zones to enforce speed limits.
State law now authorizes fines between $300 and $1,000 for speeding in work zones. Statute does not allow nor prohibit the use of speed cameras.
HB1015 would punish drivers for exceeding the posted speed in work zones by at least 11 mph. Devices would be in use when workers are present.
Offending vehicle owners would receive a warning for a first offense. Repeat offenders would face $75 fines. Subsequent offenses would result in $150 fines.
Iowa
An Iowa bill would prohibit the use of ticket cameras along certain roadways. State law does not prohibit nor allow the use of speed and red-light cameras.
HF173 would forbid municipalities from posting traffic enforcement cameras along primary and secondary roads, including interstates. The rule would not apply to the state.
Municipalities could use cameras to enforce traffic rules on municipal streets. Fine amounts would be limited to 5% of the applicable scheduled fine or civil penalty for the violation under state law.
Maine
One Maine bill addresses concern about snow and ice removal from on top of certain vehicles.
State law requires all vehicle loads to be properly secured to prevent falling. LD522 clarifies snow or ice resulting from a snow event are included in the protection.
The bill would exempt vehicles with a registered weight above 10,000 pounds from the rule change. Incidents that cause property damage or physical injury would result in $50 fines.
Missouri
A Missouri Senate bill would provide some tax relief for many highway users.
The tax rate is set at 22 cents for gas and diesel purchases. Increases of 2.5 cents each are slated for each July through 2025.
Missouri residents are allowed to apply for refunds of the additional fuel tax collection. Refunds are limited to owners of vehicles weighing up to 26,000 pounds.
SB259 would remove the weight limitation to allow Missouri-based truck operations to take advantage of the refund offering.
Montana
The Montana Senate has approved a bill to give the state’s Transportation Commission full authority to change speed limits throughout the state.
Montana has an 80-mph speed limit for cars and a 70-mph limit for trucks on rural interstates. State law permits the commission to lower or to leave unchanged speed limits.
SB452 would add the authority to raise speed limits. The proposed change could affect the state’s speed differential.
New Mexico
The New Mexico governor has signed into law a bill to keep trucks to the right on interstates.
State law already requires all vehicles to stay to the right. Violators face $25 fines. Certain exceptions apply.
SB102 mandates that large trucks traveling on multilane highways outside of municipalities stay in the right lane. Exceptions include overtaking and passing another vehicle.
Violators could face $250 fines.
New York
New York permits all vehicles to travel 65 mph on interstate highways and other limited access roads.
A5044/S2209 would authorize speeds for cars and trucks to increase to 70 mph. Specifically, the state DOT and the New York Thruway Authority would be allowed to implement the change.
Multiple New York measures would provide fuel price breaks. The state charges about 33 cents per gallon for gas and diesel. There are multiple components that make up the fuel tax collection.
There is an 8-cent excise tax and a 17.3-cent petroleum business tax. Additionally, there is an 8-cent state sales tax.
SB2174 would suspend collection of the excise tax and state sales tax when fuel prices reach $2.25 per gallon. The petroleum business tax also would be eliminated once prices reach $3 per gallon.
New York City and counties throughout the state would also be authorized to adopt local laws limiting tax on gas and diesel.
A related effort, AB1690/SB3124, would suspend collection of the state sales tax on gas and diesel purchases for two years. Localities would also be permitted to suspend their portion of sales tax.
North Dakota
The North Dakota governor has vetoed a bill to increase speed limits for all drivers along certain highways.
State law authorizes speeds of 75 mph on Interstates 29 and 94. Speeds along four-lane divided highways are set at 70 mph. Two-lane highways are posted at 65 mph. HB1475 sought to authorize vehicles to travel 80 mph on interstates.
Oklahoma
The Oklahoma House approved a bill that could make getting a CDL easier.
HB2750 allows Service Oklahoma to enter into agreements with third-parties to provide the written portion of the commercial driver’s license test.
Service Oklahoma would be permitted to give the CDL written examination at any public or private site. The measure clarifies that local school districts, the Oklahoma Department of Career and Technology Education, institutions of higher education, or a private entity may hire or employ designated examiners for the Class A, B or C driving skills portion and written portion of the test required for a CDL.
Oregon
One Oregon bill would allow motorcycle lane filtering under certain circumstances.
SB442 would permit the practice on roadways with posted speed limits 50 mph or higher. Motorcycles would only be permitted to take the action when traffic is stopped or moving slower than 10 mph. Riders would only be permitted to travel 10 mph faster than the flow of traffic.
The practice would be forbidden in highway work zones.
Pennsylvania
A Pennsylvania bill would permit local police to use speed radar.
SB459 states that no citation would be issued unless the offending driver is exceeding the posted speed by at least 10 mph. In active work zones, the speeding threshold would be at least 5 mph over the posted speed.
Speed radar use would be permitted only when an officer is in or adjacent to a “clearly marked” law enforcement vehicle.
Additionally, revenue collected from speeding tickets could not exceed the previous year’s speed enforcement revenue by more than 1%. Any revenue raised exceeding the cap would go to the state’s motor license fund.
Tennessee
A legislative pursuit in Tennessee would authorize a 5-mph increase in vehicle speeds along controlled-access state and interstate highways.
HB621/SB1125 would increase the maximum speed limit on affected roadways from 70 to 75 mph.
Utah
Utah Gov. Spencer Cox has signed a series of bills enacting tax cuts.
One bill covers the state’s fuel tax rate. The state now charges a 36.4-cent tax on gas and diesel purchases.
The Utah Tax Commission adjusts the fuel tax rate annually. The commission recalculates the rate by charging 16.5% of the average motor fuel price charged by refineries to retailers at the rack.
HB301 changes the calculation of the fuel tax, and increases all vehicle registration fees by $7.
The fuel tax provision lowers the fuel tax rate to 34.5 cents from July 1 to Jan. 1. The change will result from dropping the rack rate from 16.5% to 14.2%.
The rate will increase to as much as 42 cents in 2028. The change is estimated to reduce state tax revenues by about $35.4 million in fiscal year 2024. To help cover revenue loss, the bill adds a 12.5% tax on electricity from electric vehicle charging stations.
Washington
A Washington state bill would expand the use of the speed cameras.
Currently, speed cameras are permitted by state law and by city ordinance. Locations are limited to schools, public parks and hospital zones. Other locations of concern also can be outfitted with cameras.
SB5272 would authorize the ticketing mechanism in highway work zones. LL