2005 Nevada Revised Statutes - Chapter 481A — Transportation on Highways (Multistate Agreement)

CHAPTER 481A - TRANSPORTATION ON HIGHWAYS(MULTISTATE AGREEMENT)

NRS 481A.010 Enactmentand text of Agreement.

NRS 481A.020 Representativesdesignated to serve on cooperating committee.

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NRS 481A.010 Enactmentand text of Agreement. The Multistate HighwayTransportation Agreement is hereby enacted into law and entered into with alljurisdictions legally joining therein, in the form substantially as follows:

 

ARTICLE I Findings andPurposes

 

Section 1. Findings. The participating jurisdictionsfind that:

(a) The expanding regional economy depends on expandingtransportation capacity;

(b) Highway transportation is the major mode formovement of persons and goods in the western states;

(c) Uniform application in the west of more adequatevehicle size and weight standards will result in a reduction of pollution,congestion, fuel consumption and related transportation costs, which arenecessary to permit increased productivity;

(d) A number of western states have already, to thefullest extent possible, adopted substantially the 1964 Bureau of Public Roadsrecommended vehicle size and weight standards; and

(e) The participating jurisdictions are most capable ofdeveloping vehicle size and weight standards most appropriate for the regionaleconomy and transportation requirements, consistent with and in recognition ofprinciples of highway safety.

Sec. 2. Purposes. The purposes of this agreement areto:

(a) Adhere to the principle that each participatingjurisdiction should have the freedom to develop vehicle size and weightstandards that it determines to be most appropriate to its economy and highwaysystem.

(b) Establish a system authorizing the operation ofvehicles traveling between two or more participating jurisdictions at moreadequate size and weight standards.

(c) Promote uniformity among participatingjurisdictions in vehicle size and weight standards on the basis of theobjectives set forth in this agreement.

(d) Secure uniformity insofar as possible, ofadministrative procedures in the enforcement of recommended vehicle size andweight standards.

(e) Provide a means for the encouragement andutilization of research which will facilitate the achievement of the foregoingpurposes, with due regard for the findings set forth in section 1 of thisarticle.

(f) Facilitate communication among legislators, statetransportation administrators and commercial industry representatives inaddressing issues relating to highway transportation in participatingjurisdictions.

 

ARTICLE II Definitions

 

Section 1. As used in this agreement:

(a) Cooperating committee means the committeeconsisting of the designated representatives from all participatingjurisdictions.

(b) Designated representative means a legislator orother person authorized pursuant to Article XI to represent the jurisdiction.

(c) Jurisdiction means a state of the United States or the District of Columbia.

(d) Vehicle means any vehicle as defined by statuteto be subject to size and weight standards which operates in two or moreparticipating jurisdictions.

 

ARTICLE III GeneralProvisions

 

Section 1. Qualifications for Membership. Participationin this agreement is open to jurisdictions which subscribe to the findings,purposes and objectives of this agreement and will seek legislation necessaryto accomplish those objectives.

Sec. 2. Cooperation. The participating jurisdictions,working through their designated representatives, shall cooperate and assisteach other in achieving the desired goals of this agreement pursuant toappropriate statutory authority.

Sec. 3. Effect of Headings. Article and sectionheadings contained herein shall not be deemed to govern, limit, modify or inany manner affect the scope, meaning or intent of the provisions of any articleor section of this agreement.

Sec. 4. Vehicle Laws and Regulations. This agreementdoes not authorize the operation of a vehicle in any participating jurisdictioncontrary to the laws or regulations of the participating jurisdiction.

Sec. 5. Interpretation. The final decision regardinginterpretation of questions at issue relating to this agreement must be reachedby a unanimous joint action of the participating jurisdictions, acting throughthe designated representatives. Results of all such actions must be placed inwriting.

Sec. 6. Amendment. This agreement may be amended by aunanimous joint action of the participating jurisdictions, acting through theofficials thereof authorized to enter into this agreement, subject to therequirements of section 4 of article III. Any amendment must be placed inwriting and become a part of this agreement.

Sec. 7. Restrictions, Conditions or Limitations. Anyjurisdiction entering into this agreement shall provide to each otherparticipating jurisdiction a list of any restriction, condition or limitationon the general terms of this agreement, if any.

Sec. 8. Additional Jurisdictions. Additionaljurisdictions may become members of this agreement by signing and accepting theterms of the agreement.

 

ARTICLE IV CooperatingCommittee

 

Section 1. Each participating jurisdiction is entitledto select not more than two designated representatives. Pursuant to section 2of article III, the designated representatives of the participatingjurisdictions constitute a cooperating committee which may:

(a) Collect, correlate, analyze and evaluateinformation resulting or derivable from research and testing activities inrelation to vehicle size and weight-related matters.

(b) Recommend and encourage the undertaking of researchand testing in any aspect of vehicle size and weight or related matter when, intheir collective judgment, appropriate or sufficient research or testing hasnot been undertaken.

(c) Recommend changes in law or policy with emphasis oncompatibility of laws and uniformity of administrative rules or regulationswhich would promote effective governmental action or coordination in the fieldof vehicle size and weight-related matters.

(d) Recommend improvements in highway operations,vehicular safety and state administration of highway transportation laws.

(e) Perform any functions required to carry out thepurposes of this agreement.

Sec. 2. Each designated representative of aparticipating jurisdiction is entitled to one vote only. No action of thecommittee may be approved unless a majority of the total number of votes castby the designated representatives of the participating jurisdictions are infavor of the action.

Sec. 3. The committee shall meet at least onceannually and shall elect, from among its members, a chairman, a vice chairmanand a secretary.

Sec. 4. The committee shall submit annually to thelegislature of each participating jurisdiction a report setting forth the workof the committee during the preceding year and including recommendationsdeveloped by the committee. The committee may submit such additional reports asit deems appropriate.

 

ARTICLE V Objectivesof the Participating Jurisdictions

 

Section 1. Objectives. The participatingjurisdictions hereby declare that:

(a) It is the objective of the participatingjurisdictions to obtain more efficient and economical transportation by motorvehicles between and among the participating jurisdictions by encouraging theadoption of standards that will, as minimums, allow the operation of a vehicleor combination of vehicles in regular operation on all state highways, exceptthose determined through an engineering evaluation to be inadequate, with asingle-axle weight not in excess of 20,000 pounds, a tandem-axle weight not inexcess of 34,000 pounds, and a gross vehicle or combination weight not inexcess of that resulting from application of the formula:

 

W = 500 [LN/ (N-1) + 12N + 36]

where W= Maximum weight in pounds carried on any group of two or more axles computedto nearest 500 pounds.

L= distance in feet between the extremes of any group of two or more consecutiveaxles.

N= number of axles in group under consideration.

 

(b) It is the further objective of the participatingjurisdictions that the operation of a vehicle or combination of vehicles ininterstate commerce according to the provisions of subsection (a) of thissection be authorized under special permit authority by each participatingjurisdiction if the vehicle or combination of vehicles weighs more than 80,000pounds or exceeds the length prescribed by statute in the participatingjurisdiction in which the vehicle or combination of vehicles is operated.

(c) It is the further objective of the participatingjurisdictions to facilitate and expedite the operation of any vehicle orcombination of vehicles between and among the participating jurisdictions underthe provisions of subsection (a) or (b) of this section, and to that end theparticipating jurisdictions hereby agree, through their designatedrepresentatives, to meet and cooperate in the consideration of vehicle size andweight-related matters, including, but not limited to, the development ofuniform enforcement procedures, additional vehicle size and weight standards,operational standards, agreements or compacts to facilitate regionalapplication and administration of vehicle size and weight standards, uniformpermit procedures, uniform application forms, rules and regulations for theoperation of vehicles, including equipment requirements, driver qualifications,and operating practices, and such other matters as may be pertinent.

(d) It is further the objective of the participatingjurisdictions that the cooperating committee may recommend that the participatingjurisdictions jointly secure Congressional approval of this agreement and,specifically of the vehicle size and weight standards set forth in subsection(a) of this section.

(e) It is the further objective of the participatingjurisdictions to:

(1) Establish transportation laws and regulationsthat satisfy regional and economic requirements and promote an efficient, safeand compatible network of transportation.

(2) Develop standards that facilitate the mostefficient and environmentally sound operation of vehicles on highways,consistent with and in recognition of the principles of highway safety.

(3) Establish programs to increase productivityand reduce congestion, consumption of fuel and related costs of transportationand enhance the quality of air through the uniform application of state vehiclelaws and regulations.

 

ARTICLE VI Entry IntoForce and Withdrawal

 

Section 1. This agreement enters into force whenenacted into law by any two or more jurisdictions. Thereafter, this agreementbecomes effective as to any other jurisdiction upon its enactment thereof,except as otherwise provided in section 8 of article III.

Sec. 2. Any participating jurisdiction may withdrawfrom this agreement by cancelling this agreement, but such a withdrawal mustnot take effect until 30 days after the designated representatives of thewithdrawing jurisdiction have given notice in writing of the withdrawal to allother participating jurisdictions.

 

ARTICLE VIIConstruction and Severability

 

Section 1. This agreement must be liberally construedto effectuate the purposes thereof.

Sec. 2. The provisions of this agreement are severableand if any phrase, clause, sentence or provision of this agreement is declaredto be contrary to the constitution of any participating jurisdiction, or theapplicability thereto to any government, agency, person or circumstance is heldinvalid, the validity of the remainder of this agreement must not be affectedthereby. If this agreement is held to be contrary to the constitution of anyjurisdiction participating herein, the agreement remains in full force andeffect as to the remaining jurisdictions and in full force and effect as to thejurisdictions affected as to all severable matters.

 

ARTICLE VIII Filing ofDocuments

 

Section 1. A copy of this agreement, its amendments,and rules or regulations promulgated thereunder and interpretations thereofmust be filed in the highway department in each participating jurisdiction andmust be made available for review by interested parties.

 

ARTICLE IX Cooperationby State Governments With Cooperating Committee

 

Section 1. Within the limits of legislativeappropriations, the departments, agencies and officers of each participatingjurisdiction may cooperate with and provide assistance to the cooperatingcommittee concerning any provision of this agreement.

 

 

ARTICLE X Funding

 

Section 1. Funds for the administration of thisagreement, including participation in the cooperating committee and the actualauthorized expenses of the designated representatives, must be budgeted fromany fees collected for the highway fund of each participating jurisdiction.

 

ARTICLE XI Selectionof Designated Representatives

 

Section 1. Each participating jurisdiction shallestablish by law the procedure for selecting its designated representatives toserve on the cooperating committee.

(Added to NRS by 1975, 263; A 2001, 2683)

NRS 481A.020 Representativesdesignated to serve on cooperating committee. Thedesignated representatives of this State to serve on the cooperating committeeestablished by Article IV of the Multistate Highway Transportation Agreementare:

1. The Chairman of the Senate Standing Committee on Transportationor a person designated by him; and

2. The Chairman of the Assembly Standing Committee onTransportation or a person designated by him.

(Added to NRS by 1975, 267; A 1979, 1801; 2001, 2689)

 

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