Part I.
Texas Department of Transportation
Chapter 25.
Traffic Operation
Subchapter A. General
43 TAC §25.12
The Texas Department of Transportation adopts new §25.12,
concerning the department's Procedures for Establishing Speed Zones. Section
25.12 is adopted without changes to the proposed text as published in the
November 14, 1997, issue of the
Texas Register
(22 TexReg 11064) and will not be republished.
Transportation Code, §545.353 authorizes the Texas Transportation
Commission to adopt procedures that will be used to determine speed limits
on public roadways. Pursuant to this authority, the department has adopted
a Procedures for Establishing Speed Zones manual. Transportation Code, Chapter
545, Subchapter H requires most speed limits, whether set by the commission,
a county commissioners court, a tollway authority, or a municipality, to
be determined from the results of an engineering and traffic investigation.
The commission, and a municipality when setting a speed limit on the state
highway system, are required to use the department's Procedures for Establishing
Speed Zones when conducting an investigation. The procedures may be used
in all other circumstances.
Senate Bill 370, §1.45, 75th Legislature, 1997, authorizes a county
commissioners court to request the commission determine and declare a reasonable
and safe prima facie speed limit lower than the maximum speed allowable under
state law. The commission may declare such a lower speed limit on a farm-to-market
or ranch-to-market road of the state highway system in the county with a
pavement width of twenty feet or less. In these instances, the commission
is given greater flexibility in establishing speed limits by not being required
to perform an engineering and traffic investigation. The commission is instead
required to use sound and generally accepted traffic engineering practices.
Senate Bill 370, §1.45 also requires the commission to establish standards
for determining these lower speed limits within a set range by rule.
Concern over the rise in traffic fatalities that occurred statewide in
1996 also prompted the department to conduct a series of town meetings in
conjunction with the Texas Department of Public Safety in order to examine
the criteria and procedures for establishing speed limits on rural highways.
These town meetings also identified a need to incorporate greater flexibility
for setting speed limits on public roads where conditions warrant a lower
speed than the maximum allowable under state law.
Section 25.12 adopts the department's Procedures for Establishing Speed
Zones manual by reference, incorporates revisions to these procedures necessary
to implement the provisions of Senate Bill 370, §1.45 and the public
comments received at the town meetings, and provides the additional discretion
needed to potentially reduce traffic accidents on some public roads.
The manual states that the posted speed limit may be reduced by as much
as 10 miles per hour (12 miles per hour for locations with crash rates higher
than the statewide average) below the 85th percentile speed, based on sound
and generally accepted engineering judgment that includes consideration of
the following factors: roadway pavement widths of 20 feet or less; horizontal
and vertical curves; hidden driveways and other developments; a high density
of driveways; a crash history at the location; rural residential or developed
areas; and roadways without improved and striped shoulders.
No comments were received on the proposed new section.
The new section is adopted under Transportation Code, §201.101,
which provides the Texas Transportation Commission with the authority to
promulgate rules for the conduct of the work of the Texas Department of Transportation
and, more specifically, Transportation Code, Chapter 545, Subchapter H, as
amended by Senate Bill 370, §1.45, 75th Legislature, 1997, which provides
the commission and certain political subdivisions with the authority to alter
speed limits established by state law, as determined from the results of
an engineering and traffic investigation.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
30, 1998.
TRD-9801421
Bob Jackson
Acting General Counsel
Texas Department of Transportation
Effective date: February 19, 1998
Proposal publication date: November 14, 1997
For further information, please call: (512) 463-8630
43 TAC §§25.601-25.603
The Texas Department of Transportation adopts new, §§25.601-25.603,
concerning municipal restrictions on the use of state highways. Sections
25.601-25.603 are adopted without changes to the proposed text as published
in the November 14, 1997, edition of the
Texas Register
(22 TexReg 11068) and will not be republished.
Senate Bill 773, 75th Legislature, 1997, added Transportation Code, §545.0651
to authorize municipalities by ordinance to restrict through traffic, by
vehicle class, to two designated lanes of a highway in the municipality.
Senate Bill 773 limits a municipality's authority in this regard to controlled
access highways on the state highway system that have three or more lanes,
excluding access or frontage roads, in each direction of traffic.
Senate Bill 773 requires a municipality, before adopting an ordinance restricting
the use of a highway, to submit a description of the proposed restriction
to the department for evaluation, and to obtain department approval of the
restriction before it may be enforced. Department approval is required to
be based on a traffic study that evaluates the effect of the proposed restriction.
Department approval must also ensure, to the greatest extent practicable,
coordination among adjacent municipalities to prevent inconsistent lane restrictions.
Senate Bill 773 requires the department to install and maintain all traffic
control devices necessary to implement and enforce a municipal ordinance
which prescribes lane restrictions on a highway, and allows the department
to suspend or rescind approval of a lane restriction based on criteria such
as a change in pavement or traffic conditions.
New §25.601 describes the purpose of the new subchapter, which is
to implement Senate Bill 773, authorizing a municipality by ordinance to
restrict, by class of vehicle, through traffic to two designated lanes of
traffic on highways in the municipality.
New §25.602 provides definitions for words and terms used in the new
subchapter.
New §25.603 prescribes the responsibilities of municipalities in the
development and designation of lane restrictions, prescribes responsibilities
of municipalities related to the cost of restriction development, prescribes
the responsibilities of the department in evaluating and approving municipal
proposals for lane restrictions, and describes how the public will be involved
in establishing lane restrictions.
A public hearing was held on December 2, 1997, and no comments were received
on the proposed new sections.
The new sections are adopted under Transportation Code, §201.101,
which authorizes the Texas Transportation Commission to promulgate rules
for the conduct of the work of the Texas Department of Transportation, and
more specifically, Transportation Code, §545.0651 as added by Senate
Bill 773, 75th Legislature, 1997.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
30, 1998.
TRD-9801422
Bob Jackson
Acting General Counsel
Texas Department of Transportation
Effective date: February 19, 1998
Proposal publication date: November 14, 1997
For further information, please call: (512) 463-8630
43 TAC §§25.700-25.708
The Texas Department of Transportation adopts new §§25.700-25.708
concerning the major agricultural interest sign program. Section 25.704 is
adopted with changes to the proposed text as published in the November 14,
1997, edition of the
Texas Register
(22 TexReg
11070). Sections 25.700-25.703 and 25-705-25.708 are adopted without changes
and will not be republished.
Senate Bill 370, §2.04, 75th Texas Legislature, 1997 added §391.097
of the Transportation Code, to require that the Texas Transportation Commission
enter into one or more contracts with an individual, firm, group, or association
of this state to erect and maintain major agricultural interest signs at
appropriate locations along eligible rural highways. This statute further
requires the commission to adopt rules necessary to enforce and implement
this section.
Section 25.700 describes the purpose of the subchapter which is to implement
Transportation Code, §391.097.
Section 25.701 provides definitions for words and terms used in the subchapter.
Section 25.702 authorizes the department to award a contract for the placement
of agricultural interest signs and describes the contractor's marketing responsibilities.
This section describes the contractor's responsibilities for sign placement,
installation, maintenance, cooperation with other contractors, annual reports,
attendance at meetings, and record keeping. This section allows the department
to install or perform other work on these signs under emergency conditions
at which time the contractor is immediately required to pay the department
for the cost of the work and authorizes the department to require the contractor
to relocate or remove a major agricultural interest sign under certain conditions.
It requires the contractor to remit a fee of 5.0% to the department to reimburse
the department's administrative expenses, assess a one-time sign installation
fee and an annual rental fee, and meet all bonding requirements contained
in Government Code, Chapter 2253.
Section 25.703 describes the requirements and procedures that a contractor
must follow to be eligible to bid on a contract and describes the criteria
the department will use to evaluate the contractor's prequalification documentation.
Section 25.704 describes the procedures under which the contract will be
awarded and the requirements a contractor must follow in order to submit
an acceptable bid. This section requires bids to be opened at a public hearing,
and authorizes the commission to accept or reject all bids and award the
contract to the lowest bidder.
Section 25.705 describes the specifications, design, and placement requirements
for major agricultural interest signs.
Section 25.706 requires an agricultural interest to be a farm, ranch, winery,
greenhouse, or other facility that sows an agricultural commodity, devotes
at least five acres of land to the production of an agricultural commodity,
markets the products on the premises as a retail sale, and conducts public
tours of the grounds or facilities in order to be eligible for a sign. This
section also requires the agricultural interest to be within five miles of
an intersection with an eligible rural highway, post its hours of operation,
provide modern restroom facilities and drinking water, provide adequate parking,
and be ineligible for the logo sign program sign.
Section 25.707 describes the procedures for obtaining an application form,
where the application must be submitted, the rights of the agricultural interest
to renew its participation agreement with the contractor, and the conditions
under which a major agricultural interest sign may be covered or removed
by the contractor.
Section 25.708 describes the procedures by which the contractor may appeal
a decision by the department or the contractor.
A public hearing was held on December 2, 1997, and no comments were received
on the proposed new sections.
Section 25.704 is adopted with a change in subsection (b)(2) to correct
a typographical error in the formula of Figure 1.
The new sections are adopted under Transportation Code, §201.101,
which authorizes the Texas Transportation Commission to promulgate rules
for the conduct of the work of the Texas Department of Transportation, and
more specifically, Transportation Code, §391.097 which requires the
Texas Transportation Commission to enter into a contract to erect and maintain
major agricultural interest signs at appropriate locations along eligible
rural highways and adopt rules necessary to enforce and implement this section.
§25.704. Contract Award Procedures.
(a)
Notice. The department will publish a notice of intent
to award a sign program contract in industry related publications at least
45 calendar days prior to contractor selection. The notice shall include
prequalification requirements for bidders.
(b)
Bidding requirements.
(1)
To be considered for award of a contract under this section,
a prequalifed bidder must file with the director of the traffic operations
division a sealed bid proposal in a form prescribed by the department. Submission
of the bid proposal must comply with the location, date, and time requirements
of the notice. The bids shall be opened at a public hearing conducted by
the director of the traffic operations division. All bidders may attend and
all bids shall be opened in their presence.
(2)
The bid amount for the sign program contract will
be the total of the sign installation fee plus, one-tenth of the sum of the
sign rental fees. Expressed as a formula:
Figure 1: 43 TAC §25.704(b)(2)
(3)
The department will not consider a bid which:
(A)
fails to comply with any requirement of the notice; or
(B)
specifies an installation fee that is less than 5% or
greater than 25% of the sign annual rental fee.
(c)
Award of contract.
(1)
All bid proposals received by the director of the traffic
operations division shall be tabulated and forwarded to the commission. The
commission may accept or reject all bids, and if accepted, award the contract
to the lowest bidder.
(2)
The department will notify the contractor by certified
mail of the award of the sign program contract within 10 calendar days of
the date of the award. To accept the award, the contractor must execute a
contract with the department within 30 calendar days of the date of the award.
(3)
The contract shall be in a form prescribed by the
department and shall, at a minimum, include all terms and conditions prescribed
by this subchapter and such other terms and conditions the department deems
advantageous to the state.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on January
30, 1998.
TRD-9801423
Bob Jackson
Acting General Counsel
Texas Department of Transportation
Effective date: February 19, 1998
Proposal publication date: November 14, 1997
For further information, please call: (512) 463-8630
Subchapter G. Port Authority Permits
43 TAC §§28.90-28.92
The Texas Department of Transportation adopts new §§28.90-28.92,
concerning port authority permits, with changes to the proposed text as published
in the November 21, 1997 issue of the
Texas Register
(22 TexReg 11334).
The new sections are necessary to implement the provisions of Senate Bill
1276 and to ensure the department's proper administration of the laws concerning
the issuance of permits for the movement of oversize and overweight loads.
Senate Bill 1276, 75th Legislature, 1997, amended Chapter 623, Transportation
Code, by adding Subchapter K, to provide that the department may authorize
a port authority to issue permits for the movement of oversize and overweight
vehicles carrying cargo on State Highway 48/State Highway 4 between the Gateway
International Bridge and the Port of Brownsville. The new sections outline
the procedures for the issuance of such permits.
Section 28.90, Purpose, provides that the purpose of this subchapter is
to set forth the requirements and procedures applicable to the issuance of
permits by the Brownsville Navigation District of Cameron County, Texas (Port
of Brownsville) for the movement of oversize and overweight vehicles. Section
28.90 is adopted with changes to remove the term "non-divisible" in describing
the type of cargo to be transported.
Section 28.91, Responsibilities, outlines responsibilities of the Port
of Brownsville and the department under this subchapter; stipulates maximum
fees and how fees collected under this subchapter shall be used; provides
how the department will be reimbursed by the Port Authority for maintenance
of State Highway 48/State Highway 4 between the Port of Brownsville and the
Gateway International Bridge; stipulates how permits shall be issued by the
Port of Brownsville and how such may be verified by the department or law
enforcement personnel; provides for the department to conduct audits related
to the issuance of permits under this subchapter and stipulates how such
audits will be conducted; provides for revocation of the Port of Brownsville's
authority to issue permits and provides procedures for appealing any such
revocation; stipulates travel requirements and restrictions for any permits
issued under this subchapter by the Port of Brownsville; and stipulates that
the Port of Brownsville shall enter into a maintenance contract with the
department for the maintenance of State Highway 48/State Highway 4 between
the Gateway International Bridge and the Port of Brownsville. Section 28.91
is adopted with the following changes: subsection (b) is amended to remove
the requirement that all permits issued by the Brownsville Navigation District
of Cameron County, Texas ("Port of Brownsville") be provided electronically
to the department, to provide that all permits shall be carried in the permitted
vehicle, and to provide that the Port of Brownsville shall provide access
or a telephone number for verification of permit authenticity by law enforcement
or department personnel; and subsection (f) is amended to state that the
department shall provide a 30 day notice of non-compliance prior to instituting
procedures to revoke the Port of Brownsville's authority to issue permits.
Section 28.92, Permit Issuance Requirements and Procedures, stipulates
the information to be included on a permit application, the form of application,
and how permits issued under this subchapter may be used; payment of permit
fees; weight limits and restrictions; vehicle registration requirements;
motor carrier registration requirements; speed limit restrictions; and states
that this subchapter expires March 1, 2001. Section 28.92 is adopted with
changes to subsection (h) to delete the requirement that the Port of Brownsville
"utilize" scales and to include a requirement that vehicles issued a permit
by the Port of Brownsville must be weighed on scales capable of determining
gross vehicle weights and individual axle loads and, to ensure the accuracy
of the permit, a requirement that such scales must be certified by the Texas
Department of Agriculture or must be accepted by the United Mexican States.
A public hearing was held on December 11, 1997. Fifty-seven oral and written
comments were submitted in response to the proposed rules. The following
provided verbal comments in favor of the proposed rules: Texas State Representative
Rene Oliveira, two representatives of TRANS Montingue, one representative
of the Brownsville Economic Development Council, two representatives of the
Brownsville Navigation District of Cameron County, Texas ("Port of Brownsville"),
a representative of Texas State Senator Eddie Lucio's office, and three individuals.
South Texas Grain Company and Brownsville Gulfside Warehouse provided verbal
and written comments in favor of the proposed rules. Two individuals provided
verbal comments against the proposed rules. Four individuals provided verbal
and written comments against the proposed rules. A representative of the
University of Texas Center for Transportation Research provided written comments
against the proposed rules.
The following provided verbal comments in favor of the proposed rules with
changes: Dix Shipping Company, a representative of the Brownsville Chamber
of Commerce, Groendyke Transport Transporte Intermex, a representative of
the Cameron County Commissioner's Court, and two individuals. The following
provided verbal and written comments in favor of the proposed rules with
amendments: Texas State Senator Eddie Lucio, seven representatives of the
Port of Brownsville, Port Elevator of Brownsville, BND Lessee Association,
Plitt Crane Equipment, and two individuals. Gulf Stream Marine provided written
comments in favor of the proposed rules with amendments.
Comment: Regarding §28.90, Purpose, several commenters expressed concerns
regarding restricting permits issued by the Port of Brownsville to non-divisible
loads, felt that this limitation would defeat the legislation's intent, and
that this restriction may be beyond the department's authority. Another commenter
expressed concern regarding the ability to transport divisible loads under
this permit and the deviation from the original intent of existing permit
statutes, which were created for the transportation of non-divisible loads.
Response: Since the inception of the original permit law in 1929 all oversize/overweight
permits, with the exception of one, have been for the transport of non-divisible
loads. However, upon further evaluation of the specific highway corridor
and the types of loads transported along this corridor, and upon evaluation
of comments regarding the original intent of the enabling legislation, which
was to allow the transport of divisible loads with this permit, the department
has amended the rules to allow the transport of divisible loads.
Comment: Regarding §28.91(b), Transmission of permits, several commenters
stated that the Port of Brownsville should not be required to transmit permits
to the department at the time of issuance by the port. The commenters felt
that this requirement would delay the issuance process and would create additional
costs for the Port of Brownsville.
Response: The rules are amended to allow original permits to be carried
in the permitted vehicle in lieu of electronic updating. The rules are further
amended to state that it is the Port of Brownsville's responsibility to provide
access or a telephone number for verification of permit authenticity by law
enforcement or department personnel. The title of §28.91(b) has been
changed to reflect these revisions.
Comment: Concerning §28.91(h)(1), Maintenance contract, several commenters
felt that the department should tighten maintenance contract language to
be more specific.
Response: The current language allows the department to protect public
safety and the public's investment in the transportation system, and more
specific language could limit the department's flexibility in seeking remedies
as needed. The department has also amended this subsection to clarify that
it is the maintenance contract that shall provide for a system of payments.
Comment: Concerning §28.92(c), Maximum permit weight limits, one commenter
stated that the rules may need to coincide with the weight limits of the
United Mexican States for six-axle units of 106,000 pounds. Another commenter
requested that the rules specify only gross weight, and not axle weight limits,
and several commenters requested modifications to provide greater allowance
for axle and gross weight tolerances.
Response: The rules mirror weight limits for all other oversize/overweight
permits issued under Title 43, Texas Administrative Code, Chapter 28. These
weight limits were developed based upon engineering analyses to determine
weights sustainable by Texas' roads without unacceptable damage, and are
standard weight limits accepted by the motor carrier industry. Additionally,
the rules do not require Mexican law to be violated. Regarding allowances
for axle and gross weight tolerances, the foregoing description of the development
of weight limits also applies. To the extent the commenter is requesting
an increased enforcement allowance, the department has no authority in this
matter. This is an enforcement issue and the department is not an enforcement
agency.
Comment: Concerning §28.92(f), Revocation of authority to issue permits,
several commenters requested a 30-day grace period to correct improprieties,
before procedures to revoke the port's authority to issue permits are instituted.
Response: Upon evaluation of these comments, the department has determined
that, in fairness to all concerned parties, a mechanism allowing the Port
of Brownsville time to correct any improprieties should be included in these
rules. The rules are amended to allow for a 30-day grace period to correct
improprieties before the department institutes actions to revoke permit issuance
authority.
Comment: Several commenters requested that §28.92(f), regarding Travel
conditions, be amended to require the District Engineer to make a determination
regarding whether or not road conditions are hazardous.
Response: The determination of whether or not weather conditions are hazardous
falls under the purview of law enforcement, rather than the department's
District Engineers. The rules mirror language for all oversize/overweight
permits issued under Title 43, Texas Administrative Code, Chapter 28, and
law enforcement personnel are familiar with the current weather condition
restrictions for all permitted vehicles.
Comment: Concerning §28.92(f), Travel conditions, one commenter stated
that visibility restrictions for carriers should be extended from two-tenths
of one mile to six-tenths of one mile.
Response: This requirement mirrors requirements addressing visibility in
the issuance of all other oversize/overweight permits under Title 43, Texas
Administrative Code, Chapter 28. The language concerning visibility has been
utilized for more than 20 years, was established with law enforcement personnel
input, and has proven effective in protecting the safety of the traveling
public and the transportation infrastructure.
Comment: Concerning §28.92(h), Restrictions, several commenters expressed
concerns relating to the terminology, "install" versus "utilize" scales.
Additionally, one commenter expressed concerns with language stating the
use of scales certified by the Texas Department of Agriculture would nullify
a certified weight ticket issued by the government of the United Mexican
States.
Response: Upon further evaluation, the department has determined that the
term "install" in the rules would imply that the Port of Brownsville must
purchase and install new scales and would not be able to utilize existing
scales owned by the Port or by others. In addition, the department has determined
that it would be redundant to require the re-weighing of vehicles that were
weighed in the United Mexican States prior to crossing into Texas. In order
to clarify these provisions, §28.92(h)(1) is amended to remove the requirement
that the Port of Brownsville install scales, to state that any vehicle issued
a permit by the Port of Brownsville must be weighed on scales certified by
the Texas Department of Agriculture, or on scales accepted by the United
Mexican States, and to require that scales be capable of determining gross
vehicle weights and individual axle loads.
Comment: Concerning §28.92(h)(6), Restrictions, several commenters
stated that the maximum speed limit should be less than 55 miles per hour.
Response: Texas statutes specifically set the maximum speed at 55 miles
per hour or the posted maximum, whichever is less, and the department does
not have the authority to lower the speed limit as it pertains to the subject
permits. Additionally, to require a lower speed limit could create abnormal
traffic patterns, thereby creating a potential safety hazard.
Comment: Several commenters expressed overall general safety concerns,
including concerns for area schoolchildren and concerns regarding the stopping
distance for oversize vehicles. Other commenters felt that safety issues
had been adequately addressed in the proposed rules.
Response: The department is sensitive to the commenters' concerns, and
acknowledges the safety issues inherent in vehicular travel. However, the
department is of the opinion that the rules adequately protect public safety
by providing safety requirements, such as visibility and night movement restrictions,
which are based upon sound engineering principles and detailed, long-term
transportation studies. The rules also provide for a maximum speed limit.
Comment: Several commenters expressed concern for the integrity of pavement
and structures as a result of issuing permits authorized by these rules.
Response: The department believes that the proposed rules protect the integrity
of the transportation infrastructure by providing for a maintenance contract
between the department and the Port of Brownsville. This contract will require
the Port of Brownsville to provide maintenance as the department deems necessary
to ensure that the roadways are maintained in an acceptable condition.
Comment: Several commenters requested that emergency rules be adopted to
allow immediate issuance of permits by the Port of Brownsville.
Response: The adoption of emergency rules is limited to those situations
where imminent peril will result if such are not adopted. As an emergency
situation does not exist in this case, the rules will be effective 20 days
after filing by the department with the Secretary of State, and subsequent
entrance into a maintenance agreement between the Port of Brownsville and
the department.
Comment: One commenter questioned the department's authority to adopt administrative
rules implementing Senate Bill 1276, and stated that this legislation did
not require administrative rules.
Response: The adoption of administrative rules implementing Senate Bill
1276 is a valid exercise of the Texas Transportation Commission's authority,
and the department is required to adopt such rules under Government Code,
Chapter 2001.
Comment: One commenter stated that insurance limits for Mexican vehicles
should be increased.
Response: Insurance levels for vehicles owned or operated by citizens of
the United Mexican States are not a part of this rulemaking process.
Comment: One commenter challenged the constitutionality of the proposed
rules and stated that these rules encourage violation of state and federal
laws.
Response: The department is unclear as to which state and federal laws
the commenter refers. The proposed rules have been examined by the department's
Office of General Counsel, and the department is unaware of any constitutional
conflict regarding these rules.
The new sections are adopted under Transportation Code, §201.101,
which provides the Texas Transportation Commission with the authority to
establish rules for the conduct of the work of the Texas Department of Transportation
and, more specifically, Transportation Code, Chapter 623, which authorizes
the department to carry out the provisions of those laws governing the issuance
of oversize and overweight permits.
§28.90. Purpose.
In accordance with Transportation Code, Chapter 623, Subchapter K,
the department may authorize the Brownsville Navigation District of Cameron
County, Texas (Port of Brownsville) to issue permits for the movement of
oversize or overweight vehicles carrying cargo on State Highway 48/State
Highway 4 between the Gateway International Bridge and the entrance to the
Port of Brownsville. This subchapter sets forth the requirements and procedures
applicable to the issuance of permits by the Port of Brownsville for the
movement of oversize and overweight vehicles.
§28.91.Responsibilities.
(a)
Surety bond. The Port of Brownsville shall post a surety
bond in the amount of $500,000 for the purpose of reimbursing the department
for actual maintenance costs of State Highway 48/State Highway 4 in the event
that sufficient revenue is not collected from permits issued under this subchapter.
(b)
Verification of permits. All permits issued by the Port
of Brownsville shall be carried in the permitted vehicle. The Port of Brownsville
shall provide access or a phone number for verification of permit authenticity
by law enforcement or department personnel.
(c)
Training. The Port of Brownsville shall secure any training
necessary for personnel to issue permits under this subchapter. The department
may provide assistance with training upon request by the Port of Brownsville.
(d)
Accounting. The department shall develop accounting procedures
related to permits issued under this subchapter which the Port of Brownsville
must comply with for the purpose of revenue collections and any payment made
to the department under subsection (h) of this section.
(e)
Audits. The department may conduct audits semi-annually
or upon direction by the executive director of all Port of Brownsville permit
issuance activities. In order to insure compliance, audits will at a minimum
include a review of all permits issued, financial transaction records related
to permit issuance, review of vehicle scale weight tickets and monitoring
of personnel issuing permits under this subchapter.
(f)
Revocation of authority to issue permits. If the department
determines as a result of an audit that the Port of Brownsville is not complying
with this subchapter, the executive director will issue a notice to the Port
of Brownsville allowing 30 days to correct any non-compliance issue. If after
30 days it is determined that the Port of Brownsville is not in compliance,
then the executive director may revoke the Port of Brownsville's authority
to issue permits.
(1)
Upon notification that its authority to issue permits
under this subchapter has been revoked, the Port of Brownsville may appeal
the revocation to the commission in writing.
(2)
In cases where a revocation is being appealed, the
Port of Brownsville's authority to issue permits under this subchapter shall
remain in effect until the commission makes a final decision regarding the
appeal.
(g)
Fees. Fees collected under this subchapter shall be used
solely to provide funds for the payments provided for under Transportation
Code, §623.213, less administrative costs.
(1)
The permit fee shall not exceed $80 per trip. The Port
of Brownsville may retain up to 10% of such permit fees for administrative
costs, and the balance of the permit fees shall be used to make payments
to the department for maintenance of State Highway 48/State Highway 4.
(2)
The Port of Brownsville may issue a permit and collect
a fee for any load exceeding vehicle size or weight as specified by Transportation
Code, Chapter 621, Subchapters B and C, originating at the Gateway International
Bridge traveling on State Highway 48/State Highway 4 to the Port of Brownsville
or originating at the Port of Brownsville traveling on State Highway 48/State
Highway 4 to the Gateway International Bridge.
(h)
Maintenance Contract. The Port of Brownsville shall enter
into a maintenance contract with the department for the maintenance of State
Highway 48/State Highway 4 between the Gateway International Bridge and the
Port of Brownsville.
(1)
The maintenance contract shall provide for a system of
payments from the Port of Brownsville to the department for all maintenance
costs expended by the department to maintain State Highway 48/State Highway
4 to the current level of service or pavement conditions. Maintenance shall
include, but is not limited to, routine maintenance, preventative maintenance,
and total reconstruction of the roadway and bridge structures as determined
by the department to maintain the current level of service for State Highway
48/State Highway 4.
(2)
The Port of Brownsville may make direct restitution
to the department for actual maintenance costs from this fund in lieu of
the department filing against the surety bond described in subsection (a)
of this section, in the event that sufficient revenue is not collected.
§28.92. Permit Issuance Requirements and Procedures.
(a)
Permit application. Application for a permit issued under
this subchapter shall be in a form approved by the department, and shall
at a minimum include:
(1)
the name of the applicant;
(2)
date of issuance;
(3)
signature of the director of the Port of Brownsville;
(4)
a statement of the kind of cargo being transported;
(5)
the maximum weight and dimensions of the proposed
vehicle combination, including number of tires on each axle, tire size for
each axle, distance between each axle, measured from center of axle to center
of axle, and the specific weight of each individual axle when loaded;
(6)
the kind and weight of each commodity to be transported,
not to exceed loaded dimensions of 12' wide, 15'6" high, 110' long or 125,000
pounds gross weight;
(7)
statement of any condition on which the permit is
issued;
(8)
a statement that the cargo shall be transported over
the most direct route using State Highway 48/State Highway 4 between the
Gateway International Bridge and the Port of Brownsville;
(9)
the name of the driver of the vehicle in which the
cargo is to be transported;
(10)
the location where the cargo was loaded; and (11)
the name of the specific Port of Brownsville employee issuing the permit.
(b)
Permit issuance.
(1)
General.
(A)
The original permit must be carried in the vehicle for
which it is issued.
(B)
A permit is void when an applicant:
(i)
gives false or incorrect information;
(ii)
does not comply with the restrictions or conditions stated
in the permit; or
(iii)
changes or alters the information on the permit.
(C)
A permittee may not transport an overdimension or overweight
load with a voided permit.
(2)
Payment of permit fee. The Port of Brownsville
may determine acceptable methods of payment. All fees transmitted to the
department must be in U.S. currency.
(c)
Maximum permit weight limits.
(1)
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.
(2)
Two or more consecutive axle groups must have an
axle spacing of 12 feet or greater, measured from the center of the last
axle of the preceding group to the center of the first axle of the following
group, in order for each group to be permitted for maximum permit weight.
(3)
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;
(4)
A permit issued under this subchapter does not
authorize the vehicle to exceed manufacturer's tire load rating.
(d)
Vehicles exceeding weight limits. Any vehicle exceeding
weight limits outlined in subsection (c) of this section, shall apply directly
to the department for an oversize or overweight permit in accordance with
§28.11 of this title (relating to Permit Issuance Requirements and Procedures).
(e)
Registration. Any vehicle or combination of vehicles permitted
under this subchapter shall be registered in accordance with Transportation
Code, Chapter 502.
(f)
Travel conditions. Movement of a permitted vehicle is
prohibited when visibility is reduced to less than 2/10 of one mile or the
road surface is hazardous due to weather conditions such as rain, ice, sleet,
or snow, or highway maintenance or construction work.
(g)
Daylight and night movement restrictions. An oversize
permitted vehicle may be moved only during daylight hours, as defined by
Transportation Code, §541.401(1); however, an overweight only permitted
vehicle may be moved at any time.
(h)
Restrictions.
(1)
Any vehicle issued a permit by the Port of Brownsville
must be weighed on scales capable of determining gross vehicle weights and
individual axle loads. For the purpose of ensuring the accuracy of the permit,
the scales must be certified by the Texas Department of Agriculture or on
scales accepted by the United Mexican States.
(2)
A valid permit and certified weight ticket must be
presented to the gate authorities before the permitted vehicle shall be allowed
to exit or enter the port.
(3)
A copy of the certified weight ticket shall be retained
by the Port of Brownsville and become a part of the official permit record
subject to inspection by department personnel or Texas Department of Public
Safety personnel.
(4)
The owner of a vehicle permitted under this subchapter
must be registered as a motor carrier in accordance with Transportation Code,
Chapters 643 or 645, prior to the oversize or overweight permit being issued.
The Port of Brownsville shall maintain records relative to this subchapter,
which are subject to audit by department personnel.
(5)
Permits issued by the Port of Brownsville shall be
in a form prescribed by the department.
(6)
The maximum speed for a permitted vehicle shall be
55 miles per hour or the posted maximum, whichever is less.
(7)
This subchapter expires March 1, 2001.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on January
30, 1998.
TRD-9801426
Bob Jackson
Acting General Counsel
Texas Department of Transportation
Effective date: February 19, 1998
Proposal publication date: November 21, 1997
For further information, please call: (512) 463-8630
Subchapter A. General
Subchapter J. Municipal Restrictions on Use of State Highways
Subchapter K. Major Agricultural Interest Sign Program
Chapter 28.
Oversize and Overweight Vehicles and Loads
Chapter 29.
Maintenance