[Rev. 11/4/2011 2:10:30 PM]
NRS 481A.010 Enactment and text of Agreement.
NRS 481A.020 Representatives designated to serve on cooperating committee.
NRS 481A.010 Enactment and text of Agreement. The Multistate Highway Transportation Agreement is hereby enacted into law and entered into with all jurisdictions legally joining therein, in the form substantially as follows:
ARTICLE I Findings and Purposes
Section 1. Findings. The participating jurisdictions find that:
(a) The expanding regional economy depends on expanding transportation capacity;
(b) Highway transportation is the major mode for movement of persons and goods in the western states;
(c) Uniform application in the west of more adequate vehicle size and weight standards will result in a reduction of pollution, congestion, fuel consumption and related transportation costs, which are necessary to permit increased productivity;
(d) A number of western states have already, to the fullest extent possible, adopted substantially the 1964 Bureau of Public Roads recommended vehicle size and weight standards; and
(e) The participating jurisdictions are most capable of developing vehicle size and weight standards most appropriate for the regional economy and transportation requirements, consistent with and in recognition of principles of highway safety.
Sec. 2. Purposes. The purposes of this agreement are to:
(a) Adhere to the principle that each participating jurisdiction should have the freedom to develop vehicle size and weight standards that it determines to be most appropriate to its economy and highway system.
(b) Establish a system authorizing the operation of vehicles traveling between two or more participating jurisdictions at more adequate size and weight standards.
(c) Promote uniformity among participating jurisdictions in vehicle size and weight standards on the basis of the objectives set forth in this agreement.
(d) Secure uniformity insofar as possible, of administrative procedures in the enforcement of recommended vehicle size and weight standards.
(e) Provide a means for the encouragement and utilization of research which will facilitate the achievement of the foregoing purposes, with due regard for the findings set forth in section 1 of this article.
(f) Facilitate communication among legislators, state transportation administrators and commercial industry representatives in addressing issues relating to highway transportation in participating jurisdictions.
ARTICLE II Definitions
Section 1. As used in this agreement:
(a) “Cooperating committee” means the committee consisting of the designated representatives from all participating jurisdictions.
(b) “Designated representative” means a legislator or other 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 statute to be subject to size and weight standards which operates in two or more participating jurisdictions.
ARTICLE III General Provisions
Section 1. Qualifications for Membership. Participation in this agreement is open to jurisdictions which subscribe to the findings, purposes and objectives of this agreement and will seek legislation necessary to accomplish those objectives.
Sec. 2. Cooperation. The participating jurisdictions, working through their designated representatives, shall cooperate and assist each other in achieving the desired goals of this agreement pursuant to appropriate statutory authority.
Sec. 3. Effect of Headings. Article and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any article or section of this agreement.
Sec. 4. Vehicle Laws and Regulations. This agreement does not authorize the operation of a vehicle in any participating jurisdiction contrary to the laws or regulations of the participating jurisdiction.
Sec. 5. Interpretation. The final decision regarding interpretation of questions at issue relating to this agreement must be reached by a unanimous joint action of the participating jurisdictions, acting through the designated representatives. Results of all such actions must be placed in writing.
Sec. 6. Amendment. This agreement may be amended by a unanimous joint action of the participating jurisdictions, acting through the officials thereof authorized to enter into this agreement, subject to the requirements of section 4 of article III. Any amendment must be placed in writing and become a part of this agreement.
Sec. 7. Restrictions, Conditions or Limitations. Any jurisdiction entering into this agreement shall provide to each other participating jurisdiction a list of any restriction, condition or limitation on the general terms of this agreement, if any.
Sec. 8. Additional Jurisdictions. Additional jurisdictions may become members of this agreement by signing and accepting the terms of the agreement.
ARTICLE IV Cooperating Committee
Section 1. Each participating jurisdiction is entitled to select not more than two designated representatives. Pursuant to section 2 of article III, the designated representatives of the participating jurisdictions constitute a cooperating committee which may:
(a) Collect, correlate, analyze and evaluate information resulting or derivable from research and testing activities in relation to vehicle size and weight-related matters.
(b) Recommend and encourage the undertaking of research and testing in any aspect of vehicle size and weight or related matter when, in their collective judgment, appropriate or sufficient research or testing has not been undertaken.
(c) Recommend changes in law or policy with emphasis on compatibility of laws and uniformity of administrative rules or regulations which would promote effective governmental action or coordination in the field of 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 the purposes of this agreement.
Sec. 2. Each designated representative of a participating jurisdiction is entitled to one vote only. No action of the committee may be approved unless a majority of the total number of votes cast by the designated representatives of the participating jurisdictions are in favor of the action.
Sec. 3. The committee shall meet at least once annually and shall elect, from among its members, a chairman, a vice chairman and a secretary.
Sec. 4. The committee shall submit annually to the legislature of each participating jurisdiction a report setting forth the work of the committee during the preceding year and including recommendations developed by the committee. The committee may submit such additional reports as it deems appropriate.
ARTICLE V Objectives of the Participating Jurisdictions
Section 1. Objectives. The participating jurisdictions hereby declare that:
(a) It is the objective of the participating jurisdictions to obtain more efficient and economical transportation by motor vehicles between and among the participating jurisdictions by encouraging the adoption of standards that will, as minimums, allow the operation of a vehicle or combination of vehicles in regular operation on all state highways, except those determined through an engineering evaluation to be inadequate, with a single-axle weight not in excess of 20,000 pounds, a tandem-axle weight not in excess of 34,000 pounds, and a gross vehicle or combination weight not in excess 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 computed to nearest 500 pounds.
L = distance in feet between the extremes of any group of two or more consecutive axles.
N = number of axles in group under consideration.
(b) It is the further objective of the participating jurisdictions that the operation of a vehicle or combination of vehicles in interstate commerce according to the provisions of subsection (a) of this section be authorized under special permit authority by each participating jurisdiction if the vehicle or combination of vehicles weighs more than 80,000 pounds or exceeds the length prescribed by statute in the participating jurisdiction in which the vehicle or combination of vehicles is operated.
(c) It is the further objective of the participating jurisdictions to facilitate and expedite the operation of any vehicle or combination of vehicles between and among the participating jurisdictions under the provisions of subsection (a) or (b) of this section, and to that end the participating jurisdictions hereby agree, through their designated representatives, to meet and cooperate in the consideration of vehicle size and weight-related matters, including, but not limited to, the development of uniform enforcement procedures, additional vehicle size and weight standards, operational standards, agreements or compacts to facilitate regional application and administration of vehicle size and weight standards, uniform permit procedures, uniform application forms, rules and regulations for the operation 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 participating jurisdictions that the cooperating committee may recommend that the participating jurisdictions 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 participating jurisdictions to:
(1) Establish transportation laws and regulations that satisfy regional and economic requirements and promote an efficient, safe and compatible network of transportation.
(2) Develop standards that facilitate the most efficient and environmentally sound operation of vehicles on highways, consistent with and in recognition of the principles of highway safety.
(3) Establish programs to increase productivity and reduce congestion, consumption of fuel and related costs of transportation and enhance the quality of air through the uniform application of state vehicle laws and regulations.
ARTICLE VI Entry Into Force and Withdrawal
Section 1. This agreement enters into force when enacted into law by any two or more jurisdictions. Thereafter, this agreement becomes 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 withdraw from this agreement by cancelling this agreement, but such a withdrawal must not take effect until 30 days after the designated representatives of the withdrawing jurisdiction have given notice in writing of the withdrawal to all other participating jurisdictions.
ARTICLE VII Construction and Severability
Section 1. This agreement must be liberally construed to effectuate the purposes thereof.
Sec. 2. The provisions of this agreement are severable and if any phrase, clause, sentence or provision of this agreement is declared to be contrary to the constitution of any participating jurisdiction, or the applicability thereto to any government, agency, person or circumstance is held invalid, the validity of the remainder of this agreement must not be affected thereby. If this agreement is held to be contrary to the constitution of any jurisdiction participating herein, the agreement remains in full force and effect as to the remaining jurisdictions and in full force and effect as to the jurisdictions affected as to all severable matters.
ARTICLE VIII Filing of Documents
Section 1. A copy of this agreement, its amendments, and rules or regulations promulgated thereunder and interpretations thereof must be filed in the highway department in each participating jurisdiction and must be made available for review by interested parties.
ARTICLE IX Cooperation by State Governments With Cooperating Committee
Section 1. Within the limits of legislative appropriations, the departments, agencies and officers of each participating jurisdiction may cooperate with and provide assistance to the cooperating committee concerning any provision of this agreement.
ARTICLE X Funding
Section 1. Funds for the administration of this agreement, including participation in the cooperating committee and the actual authorized expenses of the designated representatives, must be budgeted from any fees collected for the highway fund of each participating jurisdiction.
ARTICLE XI Selection of Designated Representatives
Section 1. Each participating jurisdiction shall establish by law the procedure for selecting its designated representatives to serve on the cooperating committee.
(Added to NRS by 1975, 263; A 2001, 2683)
NRS 481A.020 Representatives designated to serve on cooperating committee. The designated representatives of this State to serve on the cooperating committee established by Article IV of the Multistate Highway Transportation Agreement are:
1. The Chair of the Senate Standing Committee on Transportation or a person designated by the Chair; and
2. The Chair of the Assembly Standing Committee on Transportation or a person designated by the Chair.
(Added to NRS by 1975, 267; A 1979, 1801; 2001, 2689)