Weight Exemption Doesn’t Apply in All States
The Energy Policy Act of 2005 included a small piece of legislation that allowed for states to enact gross, axle, tandem, and bridge formula weight allowances for auxiliary power units (APU) or idle reduction technology. The legislation allowed states to adopt a 400-pound weight exemption without putting the state at risk of losing valuable federal highway funding.
The Federal Highway Administration (FHWA) subsequently adopted regulations under 23 CFR 658.17, Weight, in February 2007. The regulations provided that vehicles using an auxiliary power or idle reduction technology unit are eligible for up to a 400-pound exemption if the vehicle operator is able to prove by written certification the weight of the APU, and by demonstration or certification that the idle reduction technology is fully functional at all times.
A few questions have surfaced about the applicability of the exemption and we’re here to clear them up:
Must all states adopt the 400-pound APU exemption?
It is up to each state to decide whether it will adopt the exemption, according to FHWA. In other words, a state is in no way
required to adopt the exemption. If a state chooses to allow the exemption, then the state must do so according to the federal regulation at 23 CFR 658.17.
What states are allowing the exemption?
To date only three states, Oregon, Kansas, and Washington, have implemented the 400-pound exemption.
Will other states honor the exemption?
There has been no indication or widespread agreement that other states are honoring the 400-pound weight exemption adopted by Oregon, Kansas, and Washington.
However, some states have weight tolerances under which the additional 400 pounds would be covered. Check with intended states of travel to find out if tolerances exist.
How does the exemption benefit an interstate carrier?
It’s hard to say that there are benefits for interstate carriers, again, as the exemption is not widely accepted by all states. Currently, the exemption primarily benefits carriers operating between or within Oregon and Washington, and intrastate carriers in Kansas.
If my APU weighs 300 pounds, do I still get to claim the 400-pound exemption, provided I meet all other requirements?
The regulation states that the additional weight may be
up to a total of 400 pounds in axle, tandem, gross, or bridge formula weight
or the weight of the APU, whichever is
less. Therefore, you would be allowed an additional 300 pounds, not 400 pounds, in axle, tandem, gross, or bridge formula weight.
What happens if I take advantage of the 400-pound exemption but my APU stops working mid-trip?
This has been a concern for certain trucking advocate groups. Thus far, it has not been addressed by Washington or Kansas. The FHWA addressed the issue in the preamble to the final rule by stating, “a certification letter which clearly states the unit's operational characteristics if the unit is temporarily broken down, should provide sufficient proof.” Oregon has reported that the state will make amendments to the regulations to clarify their enforcement procedures.
With that said, The feds have come up a 'memo' reinforcing this information and the copy I got is from April of 2007. I also have several Emails and letters from different states around July 2007 on this specific subject and one thing that is made clear is that if the state don't honor the rule, than there is little recourse that can be done on the behalf of the owner if the owner gets an overweight ticket in the states that refuse to honor it.
Keeping a copy of the law is a good idea if it is in one of those states that are gray (so to speak) but remember the states are in control until (or if) there is ever a case in Federal court over the what a state can do to limit or restrict interstate commerce.
AND there were attempts to amend this rule for non-IC power sources, like Solar and battery power to allow up to 800 lbs added weight to the truck if so equipped and this would include battery powered reefer units.
