20010 Legislative Report by Ed Miller & Bob Smith, VTBA lawyer and lobbyist The 2010 legislative session ended shortly before midnight on Wednesday night, May 12, after four months of hard work in Montpelier. Barring a special session, which would be unusual, legislators won’t meet again until January of 2011, when a new two year legislative biennium will begin. By all the usual standards, this was a good year for the trucking industry. No new fees or taxes were raised, and no additional permits or regulations were authorized. Although budgetary matters were at the heart of the 2010 session, some solid progress was made on a couple of fronts, including use of the interstate by trucks weighing up to 99,000 lbs. In early January, following Congressional approval of a one year, Vermont specific “pilot project”, the legislature enacted a bill (S.93, Act #63) which allows 90,000 and 99,000 lb. trucks, with five or six axles, respectively, to use Vermont’s interstates. Usage is allowed with the annual state permit which allows these vehicles to use state highways at these weight limits. Under the new Vermont law, restrictions on the type of commodities hauled have also been repealed. 90,000 lb. and 99,000 lb. permits are now available to everyone, regardless of commodity or cargo being transported. The federal act also set up a study committee which will make recommendations to Congress regarding extension of the program. When Congress enacted its law, Route 189, the so-called “Burlington beltline”, wasn’t included in the bill, so the interstate weight limits don’t apply there. Hopefully Congress can fix that oversight if and when it extends the weight provisions through an additional federal enactment. Other bills of interest which passed this year include the following: S.280-This bill, which took effect with Governor Douglas’ signature on June 1, makes all “texting” in vehicles illegal, and subject to a fine of $100.00 for a first offense, and $250.00 thereafter. The bill also prohibits use of all electronic communication devises, notably cell phones, for operators holding junior operators’ licenses. The law also provides for primary enforcement of our seatbelt law for all drivers and passengers up to 18 years of age (up from 16). Federal law already requires and permits “primary enforcement” of our Vermont seatbelt law for operators of commercial vehicles. S.282-This bill makes a number of “housekeeping” changes to our laws on commercial driver’s licenses, disqualification of drivers, and recordkeeping. For the most part, the bill enacted provisions which are now required by federal law, and doesn’t go much beyond minimum federal requirements. H.540-This bill requires all motorists to use due care when passing “vulnerable users” such as pedestrians, bicyclists, and operators of highway building or repair equipment. The bill requires motorists to move to the left and give adequate “clearance” when passing. The bill also requires bicyclists to give clear hand and arm signals when turning. Bicyclists operating at night must now have both a front and rear light, visible at distances of 500 and 300 feet, respectively. H.784-This is the 2010 “capital transportation” bill. It establishes construction priorities and funding for all of Vermont’s new road and bridge repair projects, as well as making changes in many transportation-related statutes. Among many other things, it enacts permanent changes to our law on so-called “lowbed trailers”, which was the subject of a two year study at DMV. Notable bills which didn’t pass include the following: H.22, H.27, H.284-Amendments (increases) in state diesel taxes. H.97-Restrictions on truck idling H.398-Uniform, statewide 55 m.p.h. limit H.458-Would prohibit and penalize any sale of petroleum product made at “unconscionably high prices”. H.559-Would require insurers to offer coverage for the cleanup costs of spilled motor fuels. H.581-Would require seat belts for all school buses. Please call (802-485-8397) or e-mail (edmiller@tds.net) with any questions or concerns. |
