Rep. Bill Napoli (R-Rapid City) and about 10 other lawmakers plan to introduce a measure in the South Dakota Legislature to lower the penalties levied on overweight trucks, The Associated Press reported today.

The proposal would lower civil fines and give local governments more discretion in enforcing laws on weight limits. Napoli told AP the fines, passed by the 1999 Legislature as part of a boost in the state fuel tax, were too harsh, running four times higher than those levied by neighboring states. They should be lowered to just above fines in surrounding states, he added.

"If we have to call every trucker in the state and have them show up at the Capitol," Napoli said, "we're willing to do that. That's how bad it is now."

Current Gov. Bill Janklow said the state should not let overweight vehicles tear apart roads after asking motorists to fund road construction and maintenance. However, Gov.-elect Mike Rounds, who supported the increased penalties as Senate Republican leader, said he would listen to opponents of the fines before he makes a decision on the proposal.

Todd Spencer, executive vice president of OOIDA, said there's no question that the fines should be lowered to reasonable levels.

"But fining drivers has never been an effective deterrent to overweight trucks," Spencer said.

"To be effective, the penalty must go to the recipient, the beneficiary of the overweight truck, and that's usually the shipper," he said. "Whether it's coal or agriculture or steel, regardless, if the shipper benefits from overloading the truck, there's virtually nothing the truckdriver can do to stop it."