SB422: relative to the use of Route 28 in Derry and establishing a penalty for violating weight control designations made by the commissioner of the department of transportation.

SB 422-FN - AS INTRODUCED

2004 SESSION

04-3010

06/01

SENATE BILL 422-FN

AN ACT relative to the use of Route 28 in Derry and establishing a penalty for violating weight control designations made by the commissioner of the department of transportation.

SPONSORS: Sen. Sapareto, Dist 19; Rep. Wiley, Rock 77; Rep. Gleason, Rock 77

COMMITTEE: Transportation

ANALYSIS

This bill makes truck travel over a designated highway from which trucks are excluded a violation with a fine of $100. The bill also prohibits travel by certain trucks on Route 28 from the Route 111 and Lake street intersection in Windham to the junction with the Route 28 By-pass in Derry.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04-3010

06/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to the use of Route 28 in Derry and establishing a penalty for violating weight control designations made by the commissioner of the department of transportation.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Paragraph; Penalty for Truck Travel Over Excluded Portions of Highways. Amend RSA 228:21 by inserting after paragraph II the following new paragraph:

III. Any person who shall drive or cause to be driven a truck on a designated portion of a highway from which it is excluded under subparagraph I(d) of this section shall be guilty of a violation and shall be fined $100 for each offense.

2 Weight Designation for a Certain Portion of Route 28 between Windham and Derry. The commissioner of the department of transportation, under the authority granted in RSA 228:21, shall exclude trucks with a gross weight in excess of 12,000 pounds from the portion of Route 28 which runs from the junction with Route 111 and Lake street in Windham to the junction with the Route 28 By-pass at Webster's Corner in Derry.

3 Effective Date. This act shall take effect January 1, 2005.

LBAO

04-3010

Revised 2/9/04

SB 422 FISCAL NOTE

AN ACT relative to the use of Route 28 in Derry and establishing a penalty for violating weight control designations made by the commissioner of the department of transportation.

FISCAL IMPACT:

The Department of Transportation indicates this bill will increase state highway fund revenue by an indeterminable amount in FY 2005 and state expenditures and local revenue by an indeterminable amount in FY 2006 each year thereafter. There will be no fiscal impact on county revenue or county and local expenditures.

METHODOLOGY:

The Department states this bill establishes a penalty for violating weight control designations if trucks over 12,000 pounds are driven on a designated portion of Route 28 in Derry. The Department, however, cannot estimate the number of violators that will be fined the $100 penalty for each offense. Additionally, 12% of fine revenue collected will be distributed to local governments the following year in accordance with the RSA 235:23 Apportionment A formula.