State of South Dakota
|
SEVENTY-SEVENTH
SESSION
LEGISLATIVE ASSEMBLY, 2002 |
942H0416 |
HOUSE BILL
NO.
1172
|
Introduced by:
Representatives Jensen, Bartling, Broderick, Pederson (Gordon), and Pitts and
Senators Vitter, Brown (Arnold), de Hueck, and Hagen
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-22-24 be amended to read as follows:
32-22-24. The maximum axle and axle group loadings as set forth in § 32-22-16 shall be reduced during the period of each year from February fifteenth to April thirtieth, inclusive. The proper highway authority, responsible for maintenance of the highways, shall set reduced load limits during this period and may increase, lessen, or remove these restrictions or extend the time period if highway conditions warrant. That authority may be exercised without formal resolution if the highway authority erects or causes to be erected and maintained signs designating the restrictions. Nothing in this requirement, however, removes or interferes with the proper highway authority imposing restrictions as set forth in § § 32-14-6, 32-14-7, and 32-22-25
the commission designates as capable of handling heavier loads. A violation of this section is a
Class 2 misdemeanor.
Section
2.
That
§
32-22-25
be amended to read as follows:
32-22-25.
If
,
for any reason
,
the improved highways of this state are rendered incapable of
bearing the customary traffic without undue damage, or if it is considered by the Department of
Transportation
or
,
the
county highway superintendent
board of county commissioners of any
county, the board of supervisors of any township, or the board of trustees of any road district,
that the improved highways or any section of them under their jurisdiction would be damaged
or destroyed by heavy traffic by reason of thawing or excessive moisture, or for any reason, the
maximum weight of the vehicle and the load shall be reduced. Notice of any restriction under this
section shall be given by placing at
the beginning and
each
end
of that section of highway on
which the allowable weight limit is reduced
and
at
points of intersection,
as deemed necessary
by the proper highway authority,
signs of substantial construction which conspicuously indicate
the limitations of the gross weight of the vehicle. Exceeding such weight limits is a Class 2
misdemeanor.
Section
3.
That
§
32-14-6
be amended to read as follows:
32-14-6.
Local authorities, including road districts, may by ordinance or resolution prohibit
the operation of vehicles upon any highway or impose restrictions as to the weight of vehicles
for a total period not to exceed ninety days in any one calendar year
allowed
. Such prohibitions
or restrictions apply only to vehicles to be operated upon any highway under the jurisdiction of
and for the maintenance of which such local authorities are responsible and only if the highway
by reason of
deterioration
physical condition
, rain, snow, or other climatic conditions will be
seriously damaged or destroyed unless the use of vehicles on the highway is prohibited or the
permissible weights of the vehicles are reduced. Any local authority enacting any such ordinance
or resolution shall erect and maintain or cause to be erected and maintained signs designating the provisions of the ordinance or resolution at each end of that portion of any highway affected by the ordinance or resolution. The ordinance or resolution is not valid unless such signs are erected and maintained.