Full Text of SB0533 102nd General Assembly
SB0533 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB0533 Introduced 2/23/2021, by Sen. Jason A. Barickman SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/3-815 | from Ch. 95 1/2, par. 3-815 | 625 ILCS 5/3-818 | from Ch. 95 1/2, par. 3-818 | 625 ILCS 5/3-819 | from Ch. 95 1/2, par. 3-819 |
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Amends the Illinois Vehicle Code. Lowers the flat weight tax for Class C and D vehicles and Class VF farm trucks. Lowers the mileage weight tax for Class MD, ME, MF, and MG vehicles. Lowers the trailer flat weight tax for Class VDD, VDE, and VDG farm trailers. Lowers the flat weight trailer tax of Class TA, TB, TC, TD, and TE trailers.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Sections 3-815, 3-818, and 3-819 as follows:
| 6 | | (625 ILCS 5/3-815) (from Ch. 95 1/2, par. 3-815)
| 7 | | Sec. 3-815. Flat weight tax; vehicles of the second | 8 | | division.
| 9 | | (a) Except
as provided in Section 3-806.3 and 3-804.3, | 10 | | every owner
of a vehicle of the second division registered | 11 | | under Section 3-813, and
not registered under the mileage | 12 | | weight tax under Section 3-818, shall
pay to the Secretary of | 13 | | State, for each registration year, for the use
of the public | 14 | | highways, a flat weight tax at the rates set forth in the
| 15 | | following table, the rates including the $10 registration fee:
| 16 | | SCHEDULE OF FLAT WEIGHT TAX
| 17 | | REQUIRED BY LAW
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|
18 | | Gross Weight in Lbs. |
|
Total Fees |
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19 | | Including Vehicle |
|
each Fiscal |
|
20 | | and Maximum Load |
Class |
year |
|
21 | | 8,000 lbs. and less |
B |
$148 |
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22 | | 8,001 lbs. to 10,000 lbs. | C | 177 218 |
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23 | | 10,001 lbs. to 12,000 lbs. |
D |
207 238 |
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| 1 | | 12,001 lbs. to 16,000 lbs. |
F |
342 |
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2 | | 16,001 lbs. to 26,000 lbs. |
H |
590 |
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3 | | 26,001 lbs. to 28,000 lbs. |
J |
730 |
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4 | | 28,001 lbs. to 32,000 lbs. |
K |
942 |
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5 | | 32,001 lbs. to 36,000 lbs. |
L |
1,082 |
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6 | | 36,001 lbs. to 40,000 lbs. |
N |
1,302 |
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7 | | 40,001 lbs. to 45,000 lbs. |
P |
1,490 |
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8 | | 45,001 lbs. to 50,000 lbs. |
Q |
1,638 |
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9 | | 50,001 lbs. to 54,999 lbs. |
R |
1,798 |
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10 | | 55,000 lbs. to 59,500 lbs. |
S |
1,930 |
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11 | | 59,501 lbs. to 64,000 lbs. |
T |
2,070 |
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12 | | 64,001 lbs. to 73,280 lbs. |
V |
2,394 |
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13 | | 73,281 lbs. to 77,000 lbs. |
X |
2,722 |
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14 | | 77,001 lbs. to 80,000 lbs. |
Z |
2,890 |
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15 | | Beginning with the 2010 registration year a $1 surcharge | 16 | | shall be collected for vehicles registered in the 8,000 lbs. | 17 | | and less flat weight plate category above to be deposited into | 18 | | the State Police Vehicle Fund.
| 19 | | Beginning with the 2014 registration year, a $2 surcharge | 20 | | shall be collected in addition to the above fees for vehicles | 21 | | registered in the 8,000 lb. and less flat weight plate | 22 | | category as described in this subsection (a) to be deposited | 23 | | into the Park and Conservation Fund for the Department of | 24 | | Natural Resources to use for conservation efforts. The monies | 25 | | deposited into the Park and Conservation Fund under this | 26 | | Section shall not be subject to administrative charges or |
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| 1 | | chargebacks unless otherwise authorized by this Act. | 2 | | Of the fees collected under this subsection, $1 of the | 3 | | fees shall be deposited into the Secretary of State Special | 4 | | Services Fund and $99 of the fees shall be deposited into the | 5 | | Road Fund. | 6 | | All of the proceeds of the additional fees imposed by | 7 | | Public Act 96-34 shall be deposited into the Capital Projects | 8 | | Fund. | 9 | | (a-1) A Special Hauling Vehicle is a vehicle or | 10 | | combination of vehicles of
the second
division registered | 11 | | under Section 3-813 transporting asphalt or concrete in the
| 12 | | plastic state or a vehicle or combination of vehicles that are | 13 | | subject to the
gross weight limitations in subsection (a) of | 14 | | Section 15-111 for which the
owner of the
vehicle or | 15 | | combination of vehicles has elected to pay, in addition to the
| 16 | | registration fee in subsection (a), $125 to the Secretary of | 17 | | State
for each
registration year. The Secretary shall | 18 | | designate this class of vehicle as
a Special Hauling Vehicle.
| 19 | | (a-5) Beginning January 1, 2015, upon the request of the | 20 | | vehicle owner, a $10 surcharge shall be collected in addition | 21 | | to the above fees for vehicles in the 12,000 lbs. and less flat | 22 | | weight plate categories as described in subsection (a) to be | 23 | | deposited into the Secretary of State Special License Plate | 24 | | Fund. The $10 surcharge is to identify vehicles in the 12,000 | 25 | | lbs. and less flat weight plate categories as a covered farm | 26 | | vehicle. The $10 surcharge is an annual, flat fee that shall be |
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| 1 | | based on an applicant's new or existing registration year for | 2 | | each vehicle in the 12,000 lbs. and less flat weight plate | 3 | | categories. A designation as a covered farm vehicle under this | 4 | | subsection (a-5) shall not alter a vehicle's registration as a | 5 | | registration in the 12,000 lbs. or less flat weight category. | 6 | | The Secretary shall adopt any rules necessary to implement | 7 | | this subsection (a-5). | 8 | | (a-10) Beginning January 1, 2019, upon the request of the | 9 | | vehicle owner, the Secretary of State shall collect a $10 | 10 | | surcharge in addition to the fees for second division vehicles | 11 | | in the 8,000 lbs. and less flat weight plate category | 12 | | described in subsection (a) that are issued a registration | 13 | | plate under Article VI of this Chapter. The $10 surcharge | 14 | | shall be deposited into the Secretary of State Special License | 15 | | Plate Fund. The $10 surcharge is to identify a vehicle in the | 16 | | 8,000 lbs. and less flat weight plate category as a covered | 17 | | farm vehicle. The $10 surcharge is an annual, flat fee that | 18 | | shall be based on an applicant's new or existing registration | 19 | | year for each vehicle in the 8,000 lbs. and less flat weight | 20 | | plate category. A designation as a covered farm vehicle under | 21 | | this subsection (a-10) shall not alter a vehicle's | 22 | | registration in the 8,000 lbs. or less flat weight category. | 23 | | The Secretary shall adopt any rules necessary to implement | 24 | | this subsection (a-10). | 25 | | (b) Except as provided in Section 3-806.3, every camping | 26 | | trailer,
motor home, mini motor home, travel trailer, truck |
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| 1 | | camper or van camper
used primarily for recreational purposes, | 2 | | and not used commercially, nor
for hire, nor owned by a | 3 | | commercial business, may be registered for each
registration | 4 | | year upon the filing of a proper application and the payment
of | 5 | | a registration fee and highway use tax, according to the | 6 | | following table of
fees:
| 7 | | MOTOR HOME, MINI MOTOR HOME, TRUCK CAMPER OR VAN CAMPER
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8 | | Gross Weight in Lbs. |
Total Fees |
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9 | | Including Vehicle and |
Each |
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10 | | Maximum Load |
Calendar Year |
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11 | | 8,000 lbs and less |
$78 |
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12 | | 8,001 Lbs. to 10,000 Lbs |
90 |
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13 | | 10,001 Lbs. and Over |
102 |
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14 | | CAMPING TRAILER OR TRAVEL TRAILER
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15 | | Gross Weight in Lbs. |
Total Fees |
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16 | | Including Vehicle and |
Each |
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17 | | Maximum Load |
Calendar Year |
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18 | | 3,000 Lbs. and Less |
$18 |
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19 | | 3,001 Lbs. to 8,000 Lbs. |
30 |
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20 | | 8,001 Lbs. to 10,000 Lbs. |
38 |
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21 | | 10,001 Lbs. and Over |
50 |
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22 | | Every house trailer must be registered under Section | 23 | | 3-819.
| 24 | | (c) Farm Truck. Any truck used exclusively for the owner's | 25 | | own
agricultural, horticultural or livestock raising | 26 | | operations and
not-for-hire only, or any truck used only in |
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| 1 | | the transportation for-hire
of seasonal, fresh, perishable | 2 | | fruit or vegetables from farm to the
point of first | 3 | | processing,
may be registered by the owner under this | 4 | | paragraph in lieu of
registration under paragraph (a), upon | 5 | | filing of a proper application
and the payment of the $10 | 6 | | registration fee and the highway use tax
herein specified as | 7 | | follows:
| 8 | | SCHEDULE OF FEES AND TAXES
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9 | | Gross Weight in Lbs. |
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Total Amount for |
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10 | | Including Truck and |
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each |
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11 | | Maximum Load |
Class |
Fiscal Year |
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12 | | 16,000 lbs. or less |
VF |
$225 $250 |
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13 | | 16,001 to 20,000 lbs. |
VG |
326 |
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14 | | 20,001 to 24,000 lbs. |
VH |
390 |
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15 | | 24,001 to 28,000 lbs. |
VJ |
478 |
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16 | | 28,001 to 32,000 lbs. |
VK |
606 |
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17 | | 32,001 to 36,000 lbs. |
VL |
710 |
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18 | | 36,001 to 45,000 lbs. |
VP |
910 |
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19 | | 45,001 to 54,999 lbs. |
VR |
1,126 |
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20 | | 55,000 to 64,000 lbs. |
VT |
1,302 |
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21 | | 64,001 to 73,280 lbs. |
VV |
1,390 |
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22 | | 73,281 to 77,000 lbs. |
VX |
1,450 |
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23 | | 77,001 to 80,000 lbs. |
VZ |
1,590 |
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24 | | Of the fees collected under this subsection, $1 of the | 25 | | fees shall be deposited into the Secretary of State Special | 26 | | Services Fund and $99 of the fees shall be deposited into the |
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| 1 | | Road Fund. | 2 | | In the event the Secretary of State revokes a farm truck | 3 | | registration
as authorized by law, the owner shall pay the | 4 | | flat weight tax due
hereunder before operating such truck.
| 5 | | Any combination of vehicles having 5 axles, with a | 6 | | distance of 42 feet or
less between extreme axles, that are | 7 | | subject to the weight limitations in
subsection (a) of Section | 8 | | 15-111 for which the owner of the combination
of
vehicles has | 9 | | elected to pay, in addition to the registration fee in | 10 | | subsection
(c), $125 to the Secretary of State for each | 11 | | registration year
shall be designated by the Secretary as a | 12 | | Special Hauling Vehicle.
| 13 | | (d) The number of axles necessary to carry the maximum | 14 | | load provided
shall be determined from Chapter 15 of this | 15 | | Code.
| 16 | | (e) An owner may only apply for and receive 5 farm truck
| 17 | | registrations, and only 2 of those 5 vehicles shall exceed | 18 | | 59,500 gross
weight in pounds per vehicle.
| 19 | | (f) Every person convicted of violating this Section by | 20 | | failure to pay
the appropriate flat weight tax to the | 21 | | Secretary of State as set forth in
the above tables shall be | 22 | | punished as provided for in Section 3-401.
| 23 | | (Source: P.A. 100-734, eff. 1-1-19; 100-956, eff. 1-1-19; | 24 | | 101-32, eff. 6-28-19; 101-81, eff. 7-12-19.)
| 25 | | (625 ILCS 5/3-818) (from Ch. 95 1/2, par. 3-818)
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| 1 | | Sec. 3-818. Mileage weight tax option. | 2 | | (a) Any owner of a vehicle of
the second division may elect | 3 | | to pay a mileage weight tax for such vehicle
in lieu of the | 4 | | flat weight tax set out in Section 3-815. Such election
shall | 5 | | be binding to the end of the registration year. Renewal of this
| 6 | | election must be filed with the Secretary of State on or before | 7 | | July 1
of each registration period. In such event the owner | 8 | | shall, at the time
of making such election, pay the $10 | 9 | | registration fee and the minimum
guaranteed mileage weight | 10 | | tax, as hereinafter provided, which payment
shall permit the | 11 | | owner to operate that vehicle the maximum mileage in
this | 12 | | State hereinafter set forth. Any vehicle being operated on
| 13 | | mileage plates cannot be operated outside of this State. In | 14 | | addition
thereto, the owner of that vehicle shall pay a | 15 | | mileage weight tax at the
following rates for each mile | 16 | | traveled in this State in excess of the
maximum mileage | 17 | | provided under the minimum guaranteed basis:
| 18 | | BUS, TRUCK OR TRUCK TRACTOR
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19 | | |
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|
Maximum |
Mileage |
|
20 | | |
|
Minimum |
Mileage |
Weight Tax |
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21 | | |
|
Guaranteed |
Permitted |
for Mileage |
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22 | | Gross Weight |
|
Mileage |
Under |
in excess of |
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23 | | Vehicle and |
|
Weight |
Guaranteed |
24 | | Guaranteed |
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25 | | Load |
Class |
Tax |
Tax |
Mileage |
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26 | | 12,000 lbs. or less |
MD |
$110 $173 |
5,000 |
26 Mills |
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| 1 | | 12,001 to 16,000 lbs. |
MF |
180 220 |
6,000 |
34 Mills |
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2 | | 16,001 to 20,000 lbs. |
MG |
270 280 |
6,000 |
46 Mills |
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3 | | 20,001 to 24,000 lbs. |
MH |
335 |
6,000 |
63 Mills |
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4 | | 24,001 to 28,000 lbs. |
MJ |
415 |
7,000 |
63 Mills |
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5 | | 28,001 to 32,000 lbs. |
MK |
485 |
7,000 |
83 Mills |
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6 | | 32,001 to 36,000 lbs. |
ML |
585 |
7,000 |
99 Mills |
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7 | | 36,001 to 40,000 lbs. |
MN |
715 |
7,000 |
128 Mills |
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8 | | 40,001 to 45,000 lbs. |
MP |
795 |
7,000 |
139 Mills |
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9 | | 45,001 to 54,999 lbs. |
MR |
953 |
7,000 |
156 Mills |
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10 | | 55,000 to 59,500 lbs. |
MS |
1,020 |
7,000 |
178 Mills |
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11 | | 59,501 to 64,000 lbs. |
MT |
1,085 |
7,000 |
195 Mills |
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12 | | 64,001 to 73,280 lbs. |
MV |
1,273 |
7,000 |
225 Mills |
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13 | | 73,281 to 77,000 lbs. |
MX |
1,428 |
7,000 |
258 Mills |
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14 | | 77,001 to 80,000 lbs. |
MZ |
1,515 |
7,000 |
275 Mills |
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15 | | TRAILER
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16 | | |
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Maximum |
Mileage |
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17 | | |
|
Minimum |
Mileage |
Weight Tax |
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18 | | |
|
Guaranteed |
Permitted |
for Mileage |
|
19 | | Gross Weight |
|
Mileage |
Under |
in excess of |
|
20 | | Vehicle and |
|
Weight |
Guaranteed |
Guaranteed |
|
21 | | Load |
Class |
Tax |
Tax |
Mileage |
|
22 | | 14,000 lbs. or less |
ME |
$113 $175 |
5,000 |
31 Mills |
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23 | | 14,001 to 20,000 lbs. |
MF |
203 235 |
6,000 |
36 Mills |
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24 | | 20,001 to 36,000 lbs. |
ML |
640 |
7,000 |
103 Mills |
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25 | | 36,001 to 40,000 lbs. |
MM |
850 |
7,000 |
150 Mills |
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26 | | Of the fees collected under this subsection, $1 of the |
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| 1 | | fees shall be deposited into the Secretary of State Special | 2 | | Services Fund and $99 of the fees shall be deposited into the | 3 | | Road Fund. | 4 | | (a-1) A Special Hauling Vehicle is a vehicle or | 5 | | combination of vehicles of
the second
division registered | 6 | | under Section 3-813 transporting asphalt or concrete in the
| 7 | | plastic state or a vehicle or combination of vehicles that are | 8 | | subject to the
gross weight limitations in subsection (a) of | 9 | | Section 15-111 for which the
owner of the
vehicle or | 10 | | combination of vehicles has elected to pay, in addition to the
| 11 | | registration fee in subsection (a), $125 to the Secretary of | 12 | | State
for each
registration year. The Secretary shall | 13 | | designate this class of vehicle as
a Special Hauling Vehicle.
| 14 | | In preparing rate schedules on registration applications, | 15 | | the Secretary
of State shall add to the above rates, the $10 | 16 | | registration fee. The
Secretary may decline to accept any | 17 | | renewal filed after July 1st.
| 18 | | The number of axles necessary to carry the maximum load | 19 | | provided
shall be determined from Chapter 15 of this Code.
| 20 | | Every owner of a second division motor vehicle for which | 21 | | he has
elected to pay a mileage weight tax shall keep a daily | 22 | | record upon forms
prescribed by the Secretary of State, | 23 | | showing the mileage covered by
that vehicle in this State. | 24 | | Such record shall contain the license number
of the vehicle | 25 | | and the miles traveled by the vehicle in this State for
each | 26 | | day of the calendar month. Such owner shall also maintain |
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| 1 | | records
of fuel consumed by each such motor vehicle and fuel | 2 | | purchases therefor.
On or before the 10th day of July the owner
| 3 | | shall certify to the Secretary of State upon forms prescribed | 4 | | therefor,
summaries of his daily records which shall show the | 5 | | miles traveled by
the vehicle in this State during the | 6 | | preceding 12 months and such other
information as the | 7 | | Secretary of State may require. The daily record and
fuel | 8 | | records shall be filed, preserved and available for audit for | 9 | | a
period of 3 years. Any owner filing a return hereunder shall | 10 | | certify
that such return is a true, correct and complete | 11 | | return. Any person who
willfully makes a false return | 12 | | hereunder is guilty of perjury and shall
be punished in the | 13 | | same manner and to the same extent as is provided
therefor.
| 14 | | At the time of filing his return, each owner shall pay to | 15 | | the
Secretary of State the proper amount of tax at the rate | 16 | | herein imposed.
| 17 | | Every owner of a vehicle of the second division who elects | 18 | | to pay on
a mileage weight tax basis and who operates the | 19 | | vehicle within this
State, shall file with the Secretary of | 20 | | State a bond in the amount of
$500. The bond shall be in a form | 21 | | approved by the Secretary of State and with
a surety company
| 22 | | approved by the Illinois Department of Insurance to transact
| 23 | | business in this State as surety, and shall be conditioned | 24 | | upon such
applicant's paying to the State of Illinois all | 25 | | money becoming
due by
reason of the operation of the second | 26 | | division vehicle in this State,
together with all penalties |
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| 1 | | and interest thereon.
| 2 | | Upon notice from the Secretary that the registrant has | 3 | | failed to pay the
excess mileage fees, the surety shall | 4 | | immediately pay the fees together with
any penalties and | 5 | | interest thereon in an amount not to exceed the limits of the
| 6 | | bond.
| 7 | | (b) Beginning January 1, 2016, upon the request of the
| 8 | | vehicle owner, a $10 surcharge shall be collected in addition
| 9 | | to the above fees for vehicles in the 12,000 lbs. and less | 10 | | mileage
weight plate category as described in subsection (a) | 11 | | to be
deposited into the Secretary of State Special License | 12 | | Plate
Fund. The $10 surcharge is to identify vehicles in the | 13 | | 12,000
lbs. and less mileage weight plate category as a | 14 | | covered farm
vehicle. The $10 surcharge is an annual flat fee | 15 | | that shall be
based on an applicant's new or existing | 16 | | registration year for
each vehicle in the 12,000 lbs. and less | 17 | | mileage weight plate
category. A designation as a covered farm | 18 | | vehicle under this
subsection (b) shall not alter a vehicle's | 19 | | registration as a
registration in the 12,000 lbs. or less | 20 | | mileage weight category.
The Secretary shall adopt any rules | 21 | | necessary to implement this
subsection (b). | 22 | | (Source: P.A. 101-32, eff. 6-28-19.)
| 23 | | (625 ILCS 5/3-819) (from Ch. 95 1/2, par. 3-819)
| 24 | | Sec. 3-819. Trailer; Flat weight tax.
| 25 | | (a) Farm Trailer. Any farm trailer drawn by a motor |
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| 1 | | vehicle of the
second division registered under paragraph (a) | 2 | | or (c) of Section 3-815 and
used exclusively by the owner for | 3 | | his own agricultural, horticultural or
livestock raising | 4 | | operations and not used for hire, or any farm trailer
utilized | 5 | | only in the transportation for-hire of seasonal, fresh, | 6 | | perishable
fruit or vegetables from farm to the point of first | 7 | | processing, and any
trailer used with a farm tractor that is | 8 | | not an implement of husbandry may
be registered under this | 9 | | paragraph in lieu of registration under paragraph
(b) of this | 10 | | Section upon the filing of a proper application and the | 11 | | payment
of the $10 registration fee and the highway use tax | 12 | | herein for use of the
public highways of this State, at the | 13 | | following rates which include the $10
registration fee:
|
|
14 | | SCHEDULE OF FEES AND TAXES |
|
15 | | Gross Weight in Lbs. |
Class |
Total Amount |
|
16 | | Including Vehicle |
|
each |
|
17 | | and Maximum Load |
|
Fiscal Year |
|
18 | | 10,000 lbs. or less |
VDD |
$90 $160 |
|
19 | | 10,001 to 14,000 lbs. |
VDE |
159 206 |
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20 | | 14,001 to 20,000 lbs. |
VDG |
249 266 |
|
21 | | 20,001 to 28,000 lbs. |
VDJ |
478 |
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22 | | 28,001 to 36,000 lbs. |
VDL |
750 |
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23 | | An owner may only apply for and receive two farm trailer
| 24 | | registrations.
| 25 | | (b) All other owners of trailers, other than apportionable | 26 | | trailers
registered under Section 3-402.1 of this Code, used |
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| 1 | | with a motor vehicle on
the public highways, shall pay to the | 2 | | Secretary of State for each
registration year a flat weight | 3 | | tax, for the use of the public highways
of this State, at the | 4 | | following rates (which includes the registration
fee of $10 | 5 | | required by Section 3-813):
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|
6 | | SCHEDULE OF TRAILER FLAT |
|
7 | | WEIGHT TAX REQUIRED |
|
8 | | BY LAW |
|
9 | | Gross Weight in Lbs. |
|
Total Fees |
|
10 | | Including Vehicle and |
|
each |
|
11 | | Maximum Load |
Class |
Fiscal Year |
|
12 | | 3,000 lbs. and less |
TA |
$27 $118 |
|
13 | | 5,000 lbs. and more than 3,000 |
TB |
81 15 4 |
|
14 | | 8,000 lbs. and more than 5,000 |
TC |
87 158 |
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15 | | 10,000 lbs. and more than 8,000 |
TD |
159 206 |
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16 | | 14,000 lbs. and more than 10,000 |
TE |
255 270 |
|
17 | | 20,000 lbs. and more than 14,000 |
TG |
358 |
|
18 | | 32,000 lbs. and more than 20,000 |
TK |
822 |
|
19 | | 36,000 lbs. and more than 32,000 |
TL |
1,182 |
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20 | | 40,000 lbs. and more than 36,000 |
TN |
1,602 |
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21 | | Of the fees collected under this subsection, $1 of the | 22 | | fees shall be deposited into the Secretary of State Special | 23 | | Services Fund and $99 of the additional fees shall be | 24 | | deposited into the Road Fund. | 25 | | (c) The number of axles necessary to carry the maximum | 26 | | load provided
shall be determined from Chapter 15 of this |
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| 1 | | Code.
| 2 | | (Source: P.A. 101-32, eff. 6-28-19.)
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