Header:
TEXAS ADMINISTRATIVE CODE
TITLE 43. TRANSPORTATION
PART 1. TEXAS DEPARTMENT OF TRANSPORTATION
CHAPTER 28. OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS
SUBCHAPTER B. GENERAL PERMITS
Date:
08/31/2009
Document:
43 TAC § 28.11 (2011)
§ 28.11. General Oversize/Overweight Permit Requirements and Procedures
(a) Purpose and scope. This section contains general requirements relating to oversize/overweight permits, including single trip permits. Specific requirements for each type of specialty permit are provided for in this chapter.
(b) Prerequisites to obtaining an oversize/overweight permit. Unless exempted by law or this chapter, the following requirements must be met prior to the issuance of an oversize/overweight permit.
(1) Commercial motor carrier registration or surety bond. Prior to obtaining an oversize/overweight permit, an applicant permitted under the provisions of Transportation Code, Chapter 623, Subchapter D, must be registered as a commercial motor carrier under Chapter 18 of this title (relating to Motor Carriers) or, if not required to obtain a motor carrier registration, file a surety bond with the department as described in subsection (n) of this section.
(2) Vehicle registration. A vehicle registered with a permit plate will not be issued an oversize/overweight permit under this subchapter. A permitted vehicle operating under this subchapter must be registered with one of the following types of vehicle registration:
(A) current Texas license plates that indicate the permitted vehicle is registered for maximum legal gross weight or the maximum weight the vehicle can transport;
(B) Texas temporary vehicle registration;
(C) current out of state license plates that are apportioned for travel in Texas; or
(D) foreign commercial vehicles registered under Texas annual registration.
(c) Permit application.
(1) An application for a permit may be made to the MCD by telephone, by facsimile, electronically, or in person at a cash collection office. All applications shall be made on a form prescribed by the department, and all applicable information shall be provided by the applicant, including:
(A) name, address, and telephone number of applicant;
(B) applicant's customer identification number;
(C) applicant's motor carrier registration number or single state registration number, if applicable;
(D) complete load description, including maximum width, height, length, overhang, and gross weight;
(E) complete description of equipment, including truck make, license plate number and state of issuance, and vehicle identification number, if required;
(F) equipment axle and tire information including number of axles, distance between axles, axle weights, number of tires, and tire size for overweight permit applications; and
(G) any other information required by law.
(2) Applications transmitted electronically are considered signed if a digital signature is transmitted with the application and intended by the applicant to authenticate the application.
(A) The department may only accept a digital signature used to authenticate an application under procedures that comply with any applicable rules adopted by the Department of Information Resources regarding department use or acceptance of a digital signature.
(B) The department may only accept a digital signature to authenticate an application if the digital signature is: (i) unique to the person using it; (ii) capable of independent verification; (iii) under the sole control of the person using it; and (iv) transmitted in a manner that will make it infeasible to change the data in the communication or digital signature without invalidating the digital signature.
(3) All permit applications shall be accompanied by the appropriate fees described in this paragraph, in a payment method described in subsection (f) of this section.
(A) The fee for a single trip (not exceeding 80,000 pounds) permit is $ 60. Fees for other types of permits are indicated in the appropriate subchapters of this chapter.
(B) Highway maintenance fees are as indicated in the following table, and are in addition to the permit fee.
Display Image
(C) Vehicle supervision fees are as indicated in the following table, and are in addition to the permit fee and the highway maintenance fee.
[See table, form or illustration in printed version]
(4) The MCD is closed on:
(A) Sundays;
(B) New Year's Day;
(C) Memorial Day;
(D) Independence Day;
(E) Labor Day;
(F) Thanksgiving Day and the Friday following Thanksgiving Day;
(G) Christmas Eve and Christmas Day;
(H) the Saturday prior to any of the holidays listed in this paragraph falling on a Sunday or a Monday, except the Saturday before Christmas Eve when Christmas Eve falls on a Monday;
(I) the Saturday after any of the holidays listed in this paragraph falling on a Friday, except for the Saturday following Thanksgiving Day and the Saturday following Christmas Day when Christmas Day falls on a Friday; and
(J) at other times as deemed necessary by the department's administration, such as in the case of emergency weather conditions.
(5) The MCD shall be open for the issuance of permits from 6:00 a.m. until 6:00 p.m. (Central Standard Time) Monday through Friday, and from 6:00 a.m. until 2:00 p.m. (Central Standard Time) on Saturdays.
(d) Maximum permit weight limits.
(1) General. An overweight permitted vehicle will not be routed over a load restricted bridge when exceeding the posted capacity of the bridge, unless a special exception is granted by the MCD, based on an analysis of the bridge.
(A) An axle group must have a minimum spacing of four feet, measured from center of axle to center of axle, between each axle in the group to achieve the maximum permit weight for the group.
(B) The maximum permit weight for an axle group with spacings of five or more feet between each axle will be based on an engineering study conducted by the MCD.
(C) A permitted vehicle will be allowed to have air suspension, hydraulic suspension and mechanical suspension axles in a common weight equalizing suspension system for any axle group.
(D) The MCD may permit axle weights greater than those specified in this section, for a specific individual permit request, based on an engineering study of the route and hauling equipment.
(E) An overdimensional load may not exceed the manufacturer's rated tire carrying capacity.
(F) Two or more consecutive axle groups having an axle spacing of less than 12 feet, measured from the center of the last axle of the preceding group to the center of the first axle of the following group, will be reduced by 2.5% for each foot less than 12 feet.
(2) Maximum axle weight limits. Maximum permit weight for an axle or axle group is based on 650 pounds per inch of tire width or the following axle or axle group weights, whichever is the lesser amount:
(A) single axle--25,000 pounds;
(B) two axle group--46,000 pounds;
(C) three axle group--60,000 pounds;
(D) four axle group--70,000 pounds;
(E) five axle group--81,400 pounds;
(F) axle group with six or more axles--determined by the MCD based on an engineering study of the equipment, which will include the type of steering system used, the type of axle suspension, the spacing distance between each axle, the number of tires per axle, and the tire size on each axle; or
(G) trunnion axles--60,000 pounds if; (i) the trunnion configuration has two axles; (ii) there are a total of 16 tires for a trunnion configuration; and (iii) the trunnion axle as shown in the following diagram is 10 feet in width.
[See table, form or illustration in printed version]
(3) Weight limits for load restricted roads. Maximum permit weight for an axle or axle group, when traveling on a load restricted road, will be based on 650 pounds per inch of tire width or the following axle or axle group weights, whichever is the lesser amount:
(A) single axle--22,500 pounds;
(B) two axle group--41,400 pounds;
(C) three axle group--54,000 pounds;
(D) four axle group--63,000 pounds;
(E) five axle group--73,260 pounds;
(F) axle group with six or more axles--determined by the MCD based on an engineering study of the equipment, which will include the type of steering system used, the type of axle suspension, the spacing distance between each axle, the number of tires per axle, and the tire size on each axle;
(G) trunnion axles--54,000 pounds; and
(H) two or more consecutive axle groups having an axle spacing of less than 12 feet, measured from the center of the last axle of the preceding group to the center of the first axle of the following group will be reduced by 2.5% for each foot less than 12 feet.
(e) Permit issuance.
(1) General. Upon receiving an application, the MCD will review the permit application for the appropriate information and will then determine the most practical route. After a route is selected and a permit number is assigned by the MCD, an applicant requesting a permit by telephone must legibly enter all necessary information on the permit application, including the approved route and permit number. Permit requests made by methods other than telephone will be returned via facsimile, mail, or electronically.
(2) Routing.
(A) A permitted vehicle will be routed over the most practical route available taking into consideration: (i) the size and weight of the overdimension load in relation to vertical clearances, width restrictions, steep grades, and weak or load restricted bridges; (ii) the geometrics of the roadway in comparison to the overdimension load; (iii) sections of highways restricted to specific load sizes and weights due to construction, maintenance, and hazardous conditions; (iv) traffic conditions, including traffic volume; (v) route designations by municipalities in accordance with Transportation Code, § 623.072; (vi) load restricted roads; and (vii) other considerations for the safe transportation of the load.
(B) When a permit applicant desires a route other than the most practical, more than one permit will be required for the trip unless an exception is granted by the MCD.
(3) Return movements. A permitted vehicle will be allowed return movement of oversize and overweight hauling equipment to the permitted vehicle's point of origin or the permittee's place of business, and may transport a non-divisible load of legal dimensions on the return trip, provided the transport is completed within the time period stated on the permit.
(4) Records retention.
(A) The original permit, a facsimile copy of the permit, or a MCD computer generated permit must be kept in the permitted vehicle until the day after the date the permit expires.
(B) All telephone requests for permits are recorded and retained for future reference.
(C) Permit information shall be stored in the department's mainframe computer located in Austin, which shall constitute the official permit record.
(f) Payment of permit fees, refunds.
(1) Payment methods. All permit applications must be accompanied by the proper fee, which shall be payable as described in this subsection.
(A) Credit card. A permit may be purchased with a valid credit card approved by the department. Credit card payments are subject to a $ 1 fee per transaction in addition to the applicable permit fee.
(B) Permit Account Card (PAC) (i) Application for a PAC should be made directly to the issuing institution. A PAC must be established and maintained according to the contract provisions stipulated between the PAC holder and the financial institution under contract to the department and the Comptroller of Public Accounts. (ii) An applicant purchasing a permit with a PAC is subject to a $ 1.00 fee per transaction in addition to the applicable permit fee.
(C) Checks, money orders, cashier's checks, or cash. Checks, money orders, cashier's checks, and cash are acceptable forms of payment for a permit. When ordering a permit by telephone, facsimile, or electronically, such payments shall be made at a cash collection office prior to obtaining the permit. Checks, money orders, and cashier's checks may also accompany applications made by mail.
(D) Escrow accounts. A permit applicant may establish an escrow account with the department for the specific purpose of paying any fee that is related to the issuance of a permit under this subchapter. An escrow account may also be utilized to pay fees related to the issuance of a vehicle storage facility license or a motor carrier registration issued under Chapter 18 of this title (relating to Motor Carriers). (i) A permit applicant who desires to establish an escrow account shall complete and sign an escrow account agreement, and shall return the completed and signed agreement to the department with a check in the minimum amount of $ 305, which shall be deposited to the appropriate fund by the department with the Comptroller of Public Accounts. In lieu of submitting a check for the initial deposit to an applicant's escrow account, the applicant may transfer funds to the department electronically. (ii) Upon initial deposit, and each subsequent deposit made by the escrow account holder, $ 5.00 will be charged as an escrow account administrative fee and shall be deposited in the state highway fund. (iii) The escrow account holder is responsible for monitoring of the escrow account balance. (iv) An escrow account holder must submit a written request to the department to terminate the escrow account agreement. Any remaining balance will be returned to the escrow account holder.
(2) Refunds. A permit fee will not be refunded after the permit number has been issued unless such refund is necessary to correct an error made by the permit officer.
(g) Amendments. A permit may be amended for the following reasons:
(1) vehicle breakdown;
(2) changing the intermediate points in an approved permit route;
(3) extending the expiration date due to conditions which would cause the move to be delayed;
(4) changing route origin or route destination prior to the start date as listed on the permit;
(5) changing vehicle size limits prior to the permit start date as listed on the permit, provided that changing the vehicle size limit does not necessitate a change in the approved route; and
(6) correcting any mistake that is made due to permit officer error.
(h) Requirements for overwidth loads.
(1) An overwidth load must travel in the outside traffic lane on multi-lane highways, when the width of the load exceeds 12 feet.
(2) Overwidth loads are subject to the escort requirements of subsection (k) of this section.
(3) A permitted vehicle exceeding 16 feet in width will not be routed on the main lanes of a controlled access highway, unless an exception is granted by the MCD, based on a route and traffic study. The load may be permitted on the frontage roads when available, if the movement will not pose a safety hazard to other highway users.
(4) An applicant requesting a permit to move a load exceeding 20 feet wide will be furnished with a proposed route. The applicant must physically inspect the proposed route to determine if the overdimension load can safely negotiate it, unless an exception is granted based on a route and traffic study conducted by the MCD. A permit application and the appropriate fee are required for every route inspection.
(A) The applicant must notify the MCD in writing whether the overdimension load can or cannot safely negotiate the proposed route.
(B) If any section of the proposed route is unacceptable, the applicant shall provide the MCD with an alternate route around the unacceptable section.
(C) Once a route is decided upon and a permit issued, the permit may not be amended unless an exception is granted by the MCD.
(i) Requirements for overlength loads.
(1) Overlength loads are subject to the escort requirements stated in subsection (k) of this section.
(2) A single vehicle, such as a motor crane, that has a permanently mounted boom is not considered as having either front or rear overhang as a result of the boom because the boom is an integral part of the vehicle.
(3) When a single vehicle with a permanently attached boom exceeds the maximum legal length of 45 feet, a permit will not be issued if the boom projects more than 25 feet beyond the front bumper of the vehicle, or when the boom projects more than 30 feet beyond the rear bumper of the vehicle, unless an exception is granted by the MCD, based on a route and traffic study.
(4) Maximum permit length for a single vehicle is 75 feet.
(5) A load extending more than 20 feet beyond the front or rearmost portion of the load carrying surface of the permitted vehicle must have a rear escort, unless an exception is granted by the MCD, based on a route and traffic study.
(6) A permit will not be issued for an overdimension load with:
(A) more than 25 feet front overhang; or
(B) more than 30 feet rear overhang, unless an exception is granted by the MCD, based on a route and traffic study.
(7) An applicant requesting a permit to move an overdimension load exceeding 125 feet overall length will be furnished with a proposed route. The applicant must physically inspect the proposed route to determine if the overdimension load can safely negotiate it, unless an exception is granted based on a route and traffic study conducted by the MCD. A permit application and the appropriate fee are required for every route inspection.
(A) The applicant must notify the MCD in writing whether the overdimension load can or cannot safely negotiate the proposed route.
(B) If any section of the proposed route is unacceptable, the applicant shall provide the MCD with an alternate route around the unacceptable section.
(C) Once a route is decided upon and a permit issued, the permit may not be amended unless an exception is granted by the MCD.
(8) A permitted vehicle that is not overwidth or overheight, and does not exceed 150 feet overall length, may be moved in a convoy consisting of not more than four overlength permitted vehicles. A permitted vehicle that is not overwidth or overheight that exceeds 150 feet, but does not exceed 180 feet overall length, may be moved in a convoy consisting of not more than two overlength permitted vehicles. Convoys are subject to the requirements of subsection (k) of this section. Each permitted vehicle in the convoy must:
(A) be spaced at least 1,000 feet, but not more than 2,000 feet, from any other permitted vehicle in the convoy; and
(B) have a rotating amber beacon or an amber pulsating light, not less than eight inches in diameter, mounted at the rear top of the load being transported.
(j) Requirements for overheight loads.
(1) Overheight loads are subject to the escort requirements stated in subsection (k) of this section.
(2) An applicant requesting a permit to move an overdimension load with an overall height of 19 feet or greater will be furnished with a proposed route. The applicant must physically inspect the proposed route to determine if the overdimension load can safely negotiate it, unless an exception is granted based on a route and traffic study conducted by the MCD. A permit application and the appropriate fee are required for every route inspection.
(A) The applicant must notify the MCD in writing whether the overdimension load can or cannot safely negotiate the proposed route.
(B) If any section of the proposed route is unacceptable, the applicant shall provide the MCD with an alternate route around the unacceptable section.
(C) Once a route is decided upon and a permit issued, the permit may not be amended unless an exception is granted by the MCD.
(k) Escort vehicle requirements. Escort vehicle requirements are provided to facilitate the safe movement of permitted vehicles and to protect the traveling public during the movement of permitted vehicles. A permittee must provide for escort vehicles and law enforcement assistance when required by the MCD. The requirements in this subsection do not apply to the movement of manufactured housing, portable building units, or portable building compatible cargo. Escort vehicle requirements for the movement of manufactured housing are described in § 28.14 of this subchapter (relating to Manufactured Housing, and Industrialized Housing and Building Permits). Escort vehicle requirements for the movement of portable building units and portable building compatible cargo are described in § 28.15 of this subchapter (relating to Portable Building Unit Permits).
(1) General.
(A) Applicability. The operator of an escort vehicle shall, consistent with applicable law, warn the traveling public when: (i) a permitted vehicle must travel over the center line of a narrow bridge or roadway; (ii) a permitted vehicle makes any turning movement that will require the permitted vehicle to travel in the opposing traffic lanes; (iii) a permitted vehicle reduces speed to cross under a low overhead obstruction or over a bridge; (iv) a permitted vehicle creates an abnormal and unusual traffic flow pattern; or (v) in the opinion of MCD, warning is required to ensure the safety of the traveling public or safe movement of the permitted vehicle.
(B) Law enforcement assistance. Law enforcement assistance may be required by the MCD to control traffic when a permitted vehicle is being moved within the corporate limits of a city, or at such times when law enforcement assistance would provide for the safe movement of the permitted vehicle and the traveling public.
(C) Obstructions. It is the responsibility of the permittee to contact utility companies, telephone companies, television cable companies, or other entities as they may require, when it is necessary to raise or lower any overhead wire, traffic signal, street light, television cable, sign, or other overhead obstruction. The permittee is responsible for providing the appropriate advance notice as required by each entity.
(2) Escort requirements for overwidth loads. Unless an exception is granted by the MCD, based on a route and traffic study, an overwidth load must:
(A) have a front escort vehicle if the width of the load exceeds 14 feet, but does not exceed 16 feet, when traveling on a two lane roadway;
(B) have a rear escort vehicle if the width of the load exceeds 14 feet, but does not exceed 16 feet, when traveling on a roadway of four or more lanes; and
(C) have a front and a rear escort vehicle for all roads, when the width of the load exceeds 16 feet.
(3) Escort requirements for overlength loads. Unless an exception is granted by the MCD, based on a route and traffic study, overlength loads must have:
(A) a front escort vehicle when traveling on a two lane roadway if the vehicle exceeds 110 feet overall length, but does not exceed 125 feet overall length;
(B) a rear escort vehicle when traveling on a multi-lane highway if the vehicle exceeds 110 feet overall length, but does not exceed 125 feet overall length; and
(C) a front and rear escort vehicle at all times if the permitted vehicle exceeds 125 feet overall length.
(4) Escort requirements for overheight loads. Unless an exception is granted by the MCD, based on a route and traffic study, overheight loads must have:
(A) a front escort vehicle equipped with a height pole to accurately measure overhead obstructions for any permitted vehicle that exceeds 17 feet in height; and
(B) a front and rear escort vehicle for any permitted vehicle exceeding 18 feet in height.
(5) Escort requirements for permitted vehicles exceeding legal limits in more than one dimension. When a load exceeds more than one dimension that requires an escort under this subsection, front and rear escorts will be required unless an exception is granted by the MCD. For example, under this subsection one escort is required for a load exceeding 14 feet in width, and one escort is required for a load exceeding 110 feet in length. In the case of a permitted vehicle that exceeds both 14 feet in width and 110 feet in length, both front and rear escorts are required.
(6) Escort requirements for convoys. Convoys must have a front escort vehicle and a rear escort vehicle on all highways at all times.
(7) General equipment requirements. The following special equipment requirements apply to permitted vehicles and escort vehicles that are not motorcycles.
(A) An escort vehicle must be a single unit with a gross vehicle weight (GVW) of not less than 1,000 pounds nor more than 10,000 pounds.
(B) An escort vehicle must be equipped with two flashing amber lights or one rotating amber beacon of not less than eight inches in diameter, affixed to the roof of the escort vehicle, which must be visible to the front, sides, and rear of the escort vehicle while actively engaged in escort duties for the permitted vehicle.
(C) An escort vehicle must display a sign, on either the roof of the vehicle, or the front and rear of the vehicle, with the words "OVERSIZE LOAD" or "WIDE LOAD." The sign must be visible from the front and rear of the vehicle while escorting the permitted load. The sign must meet the following specifications: (i) at least five feet, but not more than seven feet in length, and at least 12 inches, but not more than 18 inches in height; (ii) the sign must have a yellow background with black lettering; (iii) letters must be at least eight inches, but not more than 10 inches high with a brush stroke at least 1.41 inches wide; and (iv) the sign must be visible from the front or rear of the vehicle while escorting the permitted vehicle, and the signs must not be used at any other time.
(D) An escort vehicle must maintain two-way communications with the permitted vehicle and other escort vehicles involved with the movement of the permitted vehicle.
(E) Warning flags must be either red or orange fluorescent material, at least 12 inches square, securely mounted on a staff or securely fastened by at least one corner to the widest extremities of an overwidth permitted vehicle, and at the rear of an overlength permitted vehicle or a permitted vehicle with a rear overhang in excess of four feet.
(8) Equipment requirements for motorcycles.
(A) An official law enforcement motorcycle may be used as a primary escort vehicle for a permitted vehicle traveling within the limits of an incorporated city, if the motorcycle is operated by a highway patrol officer, sheriff, or duly authorized deputy, or municipal police officer.
(B) An escort vehicle must maintain two-way communications with the permitted vehicle and other escort vehicles involved with the movement of the permitted vehicle.
(l) Restrictions.
(1) Restrictions pertaining to road conditions. Movement of a permitted vehicle is prohibited when road conditions are hazardous based upon the judgement of the operator and law enforcement officials. Law enforcement officials shall make the final determination regarding whether or not conditions are hazardous. Conditions that should be considered hazardous include, but are not limited to:
(A) visibility of less than 2/10 of one mile; or
(B) weather conditions such as wind, rain, ice, sleet, or snow.
(2) Daylight and night movement restrictions.
(A) A permitted vehicle may be moved only during daylight hours unless: (i) the permitted vehicle is overweight only; (ii) the permitted vehicle is traveling on an interstate highway and does not exceed 10 feet wide and 100 feet long, with front and rear overhang that complies with legal standards; or (iii) the permitted vehicle meets the criteria of clause (ii) of this subparagraph and is overweight.
(B) An exception may be granted allowing night movement, based on a route and traffic study conducted by the MCD. Escorts may be required when an exception allowing night movement is granted.
(3) Weekend and holiday restrictions. The maximum size limits for a permit issued under Transportation Code, Chapter 622, Subchapter E and Chapter 623, Subchapters D and E, for holiday movement is 14 feet wide, 16 feet high, and 110 feet long, unless an exception is granted by the MCD based on a route and traffic study. The department may restrict weekend and holiday movement of specific loads based on a determination that the load could pose a hazard for the traveling public due to local road or traffic conditions.
(4) Curfew restrictions. The operator of a permitted vehicle must observe the curfew movement restrictions of any city in which the vehicle is operated.
(m) General provisions.
(1) Multiple commodities.
(A) Except as provided in subparagraph (B) of this paragraph, when a permitted commodity creates a single overdimension, two or more commodities may be hauled as one permit load, provided legal axle weight and gross weight are not exceeded, and provided an overdimension of width, length or height is not created or made greater by the additional commodities. For example, a permit issued for the movement of a 12 foot wide storage tank may also include a 10 foot wide storage tank loaded behind the 12 foot wide tank provided that legal axle weight and gross weight are not exceeded, and provided an overdimension of width, length or height is not created.
(B) When the transport of more than one commodity in a single load creates or makes greater an illegal dimension of length, width, or height the department may issue an oversize permit for such load subject to each of the following conditions. (i) The permit applicant or the shipper of the commodities files with the department a written certification by the Texas Department of Economic Development, approved by the Office of the Governor, attesting that issuing the permit will have a significant positive impact on the economy of Texas and that the proposed load of multiple commodities therefore cannot be reasonably dismantled. As used in this clause the term significant positive impact means the creation of not less than 100 new full-time jobs, the preservation of not less than 100 existing full-time jobs, that would otherwise be eliminated if the permit is not issued, or creates or retains not less than one percent of the employment base in the affected economic sector identified in the certification. (ii) Transport of the commodities does not exceed legal axle and gross load limits. (iii) The permit is issued in the same manner and under the same provisions as would be applicable to the transport of a single oversize commodity under this section; provided, however, that the shipper and the permittee also must indemnify and hold harmless the department, its commissioners, officers, and employees from any and all liability for damages or claims of damages including court costs and attorney fees, if any, which may arise from the transport of an oversized load under a permit issued pursuant to this subparagraph. (iv) The shipper and the permittee must file with the department a certificate of insurance on a form prescribed by the department, or otherwise acceptable to the department, naming the department, its commissioners, officers, and employees as named or additional insurers on its comprehensive general liability insurance policy for coverage in the amount of $ 5 million per occurrence, including court costs and attorney fees, if any, which may arise from the transport of an oversized load under a permit issued pursuant to this subparagraph. The insurance policy is to be procured from a company licensed to transact insurance business in the State of Texas. (v) The shipper and the permittee must file with the department, in addition to all insurance provided in clause (iv) of this subparagraph, a certificate of insurance on a form prescribed by the department, or otherwise acceptable to the department, naming the department, its commissioners, officers, and employees as insurers under an auto liability insurance policy for the benefit of said insurers in an amount of $ 5 million per accident. The insurance policy is to be procured from a company licensed to transact insurance business in the State of Texas. If the shipper or the permittee is self-insured with regard to automobile liability then that party must take all steps and perform all acts necessary under the law to indemnify the department, its commissioners, officers, and employees as if the party had contracted for insurance pursuant to, and in the amount set forth in, the preceding sentence and shall agree to so indemnify the department, its commissioners, officers, and employees in a manner acceptable to the department. (vi) Issuance of the permit is approved by written order of the commission which written order may be, among other things, specific as to duration and routes.
(C) An applicant requesting a permit to haul a dozer and its detached blade may be issued a permit, as a non-dismantable load, if removal of the blade will decrease the overall width of the load, thereby reducing the hazard to the traveling public.
(2) Oversize hauling equipment. A vehicle that exceeds the legal size limits, as set forth by Transportation Code, Chapter 621, Subchapter C, may only haul a load that exceeds legal size limits unless otherwise noted in this subchapter, but such vehicle may haul an overweight load that does not exceed legal size limits, except for the special exception granted in § 28.13(b)(4) of this subchapter (relating to Time Permits issued under Transportation Code, Chapter 623, Subchapter D).
(n) Surety bonds.
(1) General. The following conditions apply to surety bonds specified in Transportation Code, § 623.075.
(A) The surety bond must: (i) be made payable to the department with the condition that the applicant will pay the department for any damage caused to the highway by the operation of the equipment covered by the surety bond; (ii) be effective the day it is issued and expires at the end of the state fiscal year, which is August 31st. For example, if you obtain a surety bond on August 30th, it will expire the next day at midnight. (iii) include the complete mailing address and zip code of the principal; (iv) be filed with the MCD and have an original signature of the principal; (v) have a single entity as principal with no other principal names listed; and (vi) A non-resident agent with a valid Texas insurance license may issue a bond on behalf of an authorized insurance company when in compliance with Insurance Code, Chapter 4056.
(B) A certificate of continuation will not be accepted.
(C) The owner of a vehicle bonded under Transportation Code, § 622.013, § 623.075, and § 623.163, that damages the state highway system as a result of the permitted vehicle's movement will be notified by certified mail of the amount of damage and will be given 30 days to submit payment for such damage. Failure to make payment within 30 days will result in the department's placing the claim with the attorney general for collection.
(D) The venue of any suit for a claim against a surety bond for the movement of a vehicle permitted under the provisions of Transportation Code, Chapter 623, Subchapter D, will be any court of competent jurisdiction in Travis County.
(2) Permit surety bonds.
(A) A surety bond required under the provisions of Transportation Code, Chapter 623, Subchapter D, must be submitted on the department's standard surety bond form in the amount of $ 10,000.
(B) A facsimile or electronic copy of the surety bond is acceptable in lieu of the original surety bond, for a period not to exceed 10 days from the date of its receipt in the MCD. If the original surety bond has not arrived in the MCD by the end of the 10 days, the applicant will not be issued a permit until the original surety bond has been received in the MCD.
(C) The surety bond requirement does apply to the delivery of farm equipment to a farm equipment dealer.
(D) A surety bond is required when a dealer or transporter of farm equipment or a manufacturer of farm equipment obtains a permit.
(E) The surety bond requirement does not apply to driving or transporting farm equipment which is being used for agricultural purposes if it is driven or transported by or under the authority of the owner of the equipment.
(F) The surety bond requirement does not apply to a vehicle or equipment operated by a motor carrier registered with the department under Transportation Code, Chapters 643 or 645 as amended.
|