28-1100. Vehicles and loads; gross weight
restrictions; exceptions
A. Except as provided in subsection H of this section, a person may operate a
vehicle on all highways subject to the following maximum gross weights:
1. Twenty thousand pounds, including enforcement tolerances, on any one axle.
2. Thirty-four thousand pounds, including enforcement tolerances, on a tandem axle.
3. Eighty thousand pounds on a vehicle combination of five axles or more.
4. On a group of two or more consecutive axles, including any steering or castering
axles, an overall gross weight, including enforcement tolerances, produced by application
of the following formula in which W equals overall gross weight on any group of two or
more consecutive axles to the nearest five hundred pounds, L equals distance in feet
between the extreme of any group of two or more consecutive axles to the nearest foot and
N equals number of axles in any group under consideration, except that two consecutive
sets of tandem axles may carry a gross load of thirty-four thousand pounds each if the
overall distance between the first and last axles of the consecutive sets of tandem axles
is thirty-six feet or more if the overall gross weight does not exceed eighty thousand
pounds, including all enforcement tolerances:
W = 500 (LN/(N-1) + 12N + 36)
B. For the purposes of subsection A of this section, "tandem axles" means two or
more consecutive axles that are more than forty inches but not more than ninety-six
inches apart.
C. This section does not apply to a vehicle and load that cannot be easily
dismantled or divided and that have been issued a special permit pursuant to section
28-1103.
D. It is not a defense in a prosecution for a violation of this section that a
vehicle or vehicle combination is registered for a declared gross weight as defined in
section 28-5431 in excess of the amount allowed under this section. The department shall
not make an allowance or refund for fees paid for the weight in excess of the amount
allowed under this section.
E. A single vehicle or a single vehicle of a combination of vehicles shall not be
equipped with more than three axles, including the front steering axle, unless the
additional axles are steering axles or castering axles. The limitation on the number of
axles provided in this subsection does not apply to a vehicle operated with a permit
issued pursuant to section 28-1103.
F. A vehicle or combination of vehicles equipped with one or more variable load
axles shall have the pressure control preset and located outside of the cab so that the
operator of the vehicle cannot vary the weight carried on the variable load axle or axles
during transport of a load. The actuating control that raises or lowers the axle or
axles may be located inside the cab for safety purposes. This actuating control must
completely raise or completely lower the axle or axles when activated.
G. This section does not apply to a truck that meets all of the following
requirements and for which a special permit has been issued pursuant to section 28-1103:
1. Is equipped with a conveyor bed.
2. Is used solely as a fiber and forage module mover.
3. Does not exceed forty-eight feet in length.
4. Is only operated each year from August 1 through January 30.
H. The gross weight of a heavy-duty vehicle that is equipped with idle reduction
technology and the gross weight imposed on the highway by the wheels of any one axle or
axle group of the vehicle may exceed the weight limitation specified in subsection A of
this section by not more than four hundred pounds or the weight of the idle reduction
technology, whichever is less. This subsection only applies if the heavy-duty vehicle
operator, on request, proves by written certification the weight of the idle reduction
technology and, by demonstration or certification, that the idle reduction technology is
fully functional at all times. For the purposes of this subsection, "heavy-duty vehicle"
and "idle reduction technology" have the same meanings prescribed in 42 United States
Code section 16104a.
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