Q. One of our farm trucks was stopped hauling wheat from our dryer bin to the local BTR terminal elevator. (The trooper) was very polite, professional and not confrontational.
The truck in question was licensed for 80,000 pounds with a combination fall harvest and winter 10 percent overweight permit. (The trooper) issued us an overweight ticket for 11,000 pounds.
I am not disputing the 91,000-pound gross weight. But I strongly feel that the provision that states the permit applies to only the first point of unload is confusing. How do I research this law and go about getting it changed to read the first point of commercial unload?
Who and how are these overweight regulations and fines established? Any help would be appreciated.
JR Gibbens
ADVERTISEMENT
Cando, N.D.
A. Thanks for writing! Here's what Jamie Olson from the state Department of Transportation had to say:
"The current law is part of the North Dakota Century Code, Section 39-12-05.3 Subsection 4 and 5. To summarize, the harvest permit allows the agriculture industry to exceed the axle weight limitations by 10 percent over the legal weight allowed from July 15 to Dec. 1 from the field of harvest to the point of initial storage.
"39-12-05.3. Weight limitations for vehicles on highways other than the interstate system.
"4. The director and local authorities, as to the highways under their respective jurisdictions, may issue permits authorizing a specific motor vehicle to exceed the weight limitations stated in subsections 1 and 2 by 10 percent.
"The permits may not provide for a gross weight in excess of 105,500 pounds. The permits must provide only for the movement of agricultural products from the field of harvest to the point of initial storage site, and for the collection and transport of solid wastes, during the period from July 15 to Dec. 1, and for the general movement of products during the period from Dec. 1 to March 7.
"The appropriate jurisdictional authority shall establish an appropriate fee for the permits and direct how they shall be issued. The Highway Patrol shall issue the permits authorized by the director.
"5. The director and local authorities, as to highways under their respective jurisdictions, may issue permits authorizing all vehicles carrying potatoes or sugar beets to exceed weight limitations stated in subsections 1 and 2 by 10 percent during the period from July 15 to Dec. 1.
ADVERTISEMENT
The permits may not provide for a gross weight in excess of 105,500 pounds. The appropriate jurisdictional authority shall establish an appropriate fee for the permits and direct how they shall be issued. The Highway Patrol shall issue the permits authorized by the director."
Olson said these regulations and fees are determined by the state Legislature.
So, if you'd like to see a law changed, you can contact state lawmakers and express your concerns. You can find the North Dakota Century Code at www.legis.nd.gov . Click on Century Code in the bottom left corner.
Do you have a question for a state government official or agency? Send us your question, and we'll do our best to find an answer.
E-mail politics@wday.com (Subject: Ask your government).
You may also write to Teri Finneman c/o Forum Communications, Press Room, State Capitol, Bismarck, N.D. 58505. Please include your name, town and a phone number to reach you for verification.
Finneman is a multimedia reporter for Forum Communications Co., which owns the Herald.
