TITLE transportation

Part I. Texas Department of Transportation

Chapter 6. State Infrastructure Bank

The Texas Department of Transportation adopts new Chapter 6, §§6.1-6.4, 6.11, 6.12, 6.21-6.24, 6.31, 6.32, and 6.41-6.46 concerning a state infrastructure bank. Sections 6.1-6.4, 6.11, 6.12, 6.21-6.24, 6.31, 6.32, and 6.41-6.46 are adopted without changes to the proposed text as published in the October 10, 1997, issue of the Texas Register (22 TexReg 10076) and will not be republished.

Section 350 of the Federal National Highway System Designation Act of 1995 (Pub. L. No. 104-59) provides that federal funds are available for the provision of financial assistance to eligible transportation projects through a state infrastructure bank. Senate Bill 370, 75th Legislature, 1997, enacted Transportation Code, Chapter 222, new Subchapter D to create a state infrastructure bank to provide financial assistance for urgently needed transportation systems. Final adoption of new Chapter 6 is necessary to implement this legislation.

Section 6.1 describes the purpose of the bank as defined by law.

Section 6.2 provides definitions for words and terms used in this chapter.

Section 6.3 describes general policies to provide the public with information which pertains to all activities of the bank. Subsections (a) through (f) restate provisions of law and are included to emphasize requirements which cannot be negotiated. Subsection (g) implements audit requirements of the federal regulations and further provides for prudent safeguards for the use of public funds.

Section 6.4 provides that projects which are complete or are in advanced stages of consideration by the department do not have to incur additional costs or time delays because of the adoption of these rules.

Section 6.11 provides that applicants must be legally authorized to construct, maintain, or finance eligible projects. Section 6.12 implements the provisions of law by defining projects that are eligible for consideration.

Section 6.21 states that the executive director may assist potential applicants in developing an application provided the department is authorized by state law to do so.

Section 6.22 provides that all requests for financial assistance will be made in a form which allows comparison regardless of the type of assistance requested. Comparability will aid in approving or rejecting projects and in prioritizing projects should the demand for assistance exceed the bank's ability to provide assistance.

Section 6.23 provides that applicants must submit basic information in an application to describe the project and requested financial assistance. Supplemental information and data are also required to more fully describe the project and to provide information regarding financial feasibility, project impacts, and commitments and approvals. An exception is provided to avoid unduly burdening applicants with new study requirements when the project is in the Unified Transportation Program's Priority 1 or Priority 2 designations. Also to avoid undue burdens, irrelevant requirements may be waived. To provide complete information, additional explanations and expansions of information or data may be required.

Section 6.24 provides that the commission may suspend and subsequently restart the taking of applications should the bank's operation or financial condition need such action. This is intended to avoid applicants incurring the costs of studies and application preparation when the bank is unable to promptly consider offering financial aid.

Section 6.31 provides that applicants will be notified when an application is complete. The executive director will analyze the information presented and submit findings and recommendations for the application to the commission for further consideration.

Section 6.32 explains that all completed applications will be submitted to the commission for consideration. The commission may grant preliminary approval if the project and applicant are likely to have sufficient revenues to repay the financial assistance, the project is consistent with various transportation plans, and meets applicable requirements for social, economic and environmental impact studies. Preliminary approval authorizes the executive director to negotiate an appropriate agreement with the applicant regarding the project and financial assistance. Preliminary approval of an agreement to provide financial assistance may be made so long as it does not authorize final approval and construction of the project.

Final approval of a project and its construction may be made only after completion and approval of all required social, economic and environmental studies. The commission may postpone action on an application if warranted by the bank's financial condition. The commission may make both preliminary and final approval contingent on the applicant meeting requirements or performing acts. Preliminary approval, final approval, or disapproval must be made by written commission order and include rationale, findings and conclusions.

Section 6.41 provides that the executive director will negotiate agreements. Specific guidance on the anticipated nature of these agreements is provided. However, the executive director may choose to not include terms given in the subchapter and may include terms that are not in the subchapter depending on the nature of each individual project.

Section 6.42 provides that the department may perform all or part of the work for a project. If performed, the work will be performed in the normal course of business with financial aid provided as required. The applicant will be liable for repayment of principal, interest and any fees from the date the financial aid is provided. In order to allow the department to work on the project in the most efficient and economic manner, applicants may not contest the department's decisions. The applicant will provide rights of entry and otherwise assist in the pursuit of the work.

The section also provides that the department may allow the applicant to conduct all or part of the work. If so conducted, additional provisions are required to avoid jeopardizing the department's revenues from federal reimbursements. Should an applicant charged with conducting the work fail to comply with requirements, then the applicant will reimburse the department for the loss of any federal funds. To ensure that federal requirements are met, requests for approvals will be routed through normal departmental channels.

Section 6.43 provides that the department may require adherence to applicable standards in order to ensure that federal requirements are met.

Section 6.44 provides that the department may require the use of maintenance standards when needed to protect security interests in a project or asset and to protect the public's safety. The section also provides that applicants shall set any applicable speed limits as prescribed by state law in order to meet the department's duty to provide for the public safety.

Section 6.45 provides that traditional terms covering the loan of financial assistance, repayment and security will be included.

Section 6.46 provides notice to the public and applicants that additional terms and conditions may be included as the executive director may require.

A public hearing was held on October 28, 1997 and no oral comments were received. However, the department did receive a written comment from the City of Dallas.

Comment: The City of Dallas requested that an allowance be made to utilize city design criteria and standards for off-system projects rather than being required to utilize federal and state design criteria as provided for in proposed §6.13(a).

Response: This requirement cannot be changed. For a project to qualify for financial assistance from the State Infrastructure Bank, it must be eligible for federal aid. Thus, any project eligible for federal aid must use federal or state design criteria. The department does not have the authority to allow the City of Dallas to use local design criteria.

Subchapter A. General Provisions

43 TAC §§6.1-6.4

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 work of the Texas Department of Transportation, and more specifically, Chapter 222, new Subchapter D, which requires the commission to, by rule, implement the subchapter and establish eligibility criteria for an entity applying for financial assistance from the state infrastructure bank.

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.

Issued in Austin, Texas, on December 19, 1997.

TRD-9716959

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Effective date: January 8, 1998

Proposal publication date: October 10, 1997

For further information, please call: (512) 463-8630

Subchapter B. Eligibility

43 TAC §6.11, §6.12

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 work of the Texas Department of Transportation, and more specifically, Chapter 222, new Subchapter D, which requires the commission to, by rule, implement the subchapter and establish eligibility criteria for an entity applying for financial assistance from the state infrastructure bank.

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.

Issued in Austin, Texas, on December 19, 1997.

TRD-9716961

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Effective date: January 8, 1998

Proposal publication date: October 10, 1997

For further information, please call: (512) 463-8630

Subchapter C. Procedures

43 TAC §§6.21-6.24

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 work of the Texas Department of Transportation, and more specifically, Chapter 222, new Subchapter D, which requires the commission to, by rule, implement the subchapter and establish eligibility criteria for an entity applying for financial assistance from the state infrastructure bank.

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.

Issued in Austin, Texas, on December 19, 1997.

TRD-9716962

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Effective date: January 8, 1998

Proposal publication date: October 10, 1997

For further information, please call: (512) 463-8630

Subchapter D. Department and Commission Action

43 TAC §6.31, §6.32

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 work of the Texas Department of Transportation, and more specifically, Chapter 222, new Subchapter D, which requires the commission to, by rule, implement the subchapter and establish eligibility criteria for an entity applying for financial assistance from the state infrastructure bank.

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.

Issued in Austin, Texas, on December 19, 1997.

TRD-9716963

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Effective date: January 8, 1998

Proposal publication date: October 10, 1997

For further information, please call: (512) 463-8630

Subchapter E. Financial Assistance Agreements

43 TAC §§6.41-6.46

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 work of the Texas Department of Transportation, and more specifically, Chapter 222, new Subchapter D, which requires the commission to, by rule, implement the subchapter and establish eligibility criteria for an entity applying for financial assistance from the state infrastructure bank.

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.

Issued in Austin, Texas, on December 19, 1997.

TRD-9716964

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Effective date: January 8, 1998

Proposal publication date: October 10, 1997

For further information, please call: (512) 463-8630

Chapter 23. Travel Information

Subchapter C. Texas Highways Magazine

43 TAC §23.27

The Texas Department of Transportation adopts new §23.27, concerning magazine ancillary products. Section 23.27 is adopted without changes to the proposed text as published in the October 17, 1997, issue of the Texas Register (22 TexReg 10290) and will not be republished.

Texas Civil Statutes, Article 6144e, authorizes the department to sell promotional items such as calendars, books, prints, caps, light clothing, or other items that advertise the resources of Texas. Section 23.27 provides department policies and procedures relating to the selection, pricing, and sale of these products through Texas Highways magazine.

Section 23.27 describes products which may be designed and produced by the department or purchased for resale, including a requirement that the product convey a positive image of the scenic, recreational, historical, geographical, cultural, or artistic treasures of Texas. The new section also prescribes a selection panel consisting of department employees to set prices for and recommend products, prescribes how a vendor may request its product be considered for purchase and resale, prescribes requirements for selection panel recommendation of a product, and prescribes a contract between the department and a vendor whose product has been selected for purchase and resale. The new section also describes pricing and payment for products advertised in the magazine, including prescribing the addition of shipping and handling and sales tax charges, the method of payment for products, and refunds for the return of purchased merchandise. The new section finally describes an avenue for complaints about merchandise, a department mailing list for vendors interested in supplying products, and when the department may discontinue an advertised product.

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 Texas Civil Statutes, Article 6144e, which provides the Texas Department of Transportation with the authority to sell products approved by the Texas Transportation Commission as advertising the resources of Texas.

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.

Issued in Austin, Texas, on December 19, 1997.

TRD-9716965

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Effective date: January 8, 1998

Proposal publication date: October 17, 1997

For further information, please call: (512) 463-8630

Chapter 25. Traffic Operations

Subchapter F. Hazardous Material Routing Designations

43 TAC §§25.101-25.104

The Texas Department of Transportation adopts new §§25.101-25.104, concerning hazardous material routing designations for the transportation of non-radioactive hazardous materials (NRHM) on roads or highways in the state of Texas. Sections 25.101-25.104 are adopted without changes to the proposed text as published in the October 17, 1997, issue of the Texas Register (22 TexReg 10292), and will not be republished.

House Bill 711, 75th Legislature, 1997, amended Texas Civil Statutes, Article 6675d, to designate the Texas Department of Transportation as the state routing agency for the transportation of NRHM, in accordance with Title 49, Code of Federal Regulations, Part 397, Subpart C. Section 3A of Article 6675d requires the Texas Transportation Commission to adopt rules for the routing of NRHM consistent with 49 C.F.R. Part 397. Section 3A authorizes a political subdivision of the state or a state agency to designate a route for the transportation of NRHM provided the department approves the route. Section 3A also authorizes the commission to designate a NRHM route over any public road or highway in the state, provided that, in the case of a road or highway that is not part of the state highway system, the political subdivision that maintains the road or highway approves the designation.

House Bill 970, 75th Legislature, 1997, requires any municipality with a population of more than 750,000 to develop a route for commercial motor vehicles carrying hazardous materials on a road or highway in the municipality, and requires the municipality to submit the route to the department for approval.

New §25.101 describes the purpose of the new subchapter, including implementing House Bill 711 and House Bill 970, and designating the department as the state routing agency for the transportation of non-radioactive hazardous materials. This section also identifies the department as the approving agency, as of January 1, 1998, for all new NRHM routing designations and revisions to routing designations established prior to January 1, 1998 by the Texas Department of Public Safety.

New §25.102 provides definitions for words and terms used in the new subchapter.

New §25.103 prescribes the responsibilities of political subdivisions in establishing NRHM route designations, prescribes the responsibilities of political subdivisions and the department related to consultation with other political subdivisions and agencies during route development, prescribes how the public will be involved in establishing NRHM route designations, and describes how the department will review and approve a proposal to designate a route submitted by a political subdivision and to authorize political subdivisions to designate a NRHM route.

New §25.104 prescribes the responsibilities of the department, the commission, and political subdivisions in establishing NRHM route designations, prescribes responsibilities of the department related to consultation with political subdivisions and agencies during route development, and describes how the public will be involved in establishing NRHM route designations.

On October 31, 1997, a public hearing was held to receive comments, views, or testimony concerning the proposed adoption of §§25.101-25.104. Comments were received at the hearing from Mr. Carl Mixon of the Bexar County Local Emergency Planning Committee. No written comments were received.

Mr. Mixon's first comment concerned §25.102, specifically the definition of political subdivision, which includes counties and local boards. He asked "what is a local board, i.e., could it be a local emergency planning committee, or is that just a local governing board?"

A local board as defined would not include a local emergency planning committee (LEPC). The definition of political subdivision specifies that the political subdivision (e.g., county, municipality, local board) must have the authority to construct and maintain a public road or highway. The construction and maintenance of roads and highways is outside the statutory authority of LEPCs.

Mr. Mixon also asked when the rules use the term county, as, for example, in the definition of political subdivision, and in relation to the responsibilities of political subdivisions in §25.103, "is that term used across the board? For example, does a political subdivision include the county or all of the cities or municipalities within the county? Are those terms interchangeable, political subdivision for county?"

The department notes that the term "political subdivision" as defined in the rules includes both counties and municipalities. Any entity that comes within the definition of political subdivision would have the authority to establish non-radioactive hazardous material (NRHM) route designations on roads or highways open to the public under the jurisdiction of that entity. The department also notes that the definition of the types of political subdivisions comes from the federal regulations the department is implementing in these rules. Those regulations consider a political subdivision to be a separate entity, not an interjurisdictional one. The responsibility for establishing NRHM routes would therefore not reside in either a county or a municipality acting for itself and any other affected entity. Accordingly, the rules cannot be changed.

Mr. Mixon next stated that §25.103(c), where the department encourages political subdivisions to coordinate with the local emergency planning council or committee, should be changed to require such coordination. He asserted that "as the State has assigned very clear and defined roles that LEPCs are responsible for carrying out, this would help in accomplishing that task if those terms were used in a stronger way."

In response, the department believes that the permissive nature of this coordination is appropriate. There is no statutory or regulatory requirement for LEPCs to review and approve proposed NRHM routes. Additionally, while coordination with the LEPC during the route development process is useful, NRHM route development is outside the powers and duties set out in an LEPC's enabling statutes. Finally, the rules prescribe a public involvement process that provides the general public or any other interested party sufficient opportunity to comment on any proposed route.

Mr. Mixon's next comment concerns §25.103(e)(1), which requires political subdivisions to give the public 30 days prior notice of the public hearing on a proposed NRHM routing designation, through publication in at least two newspapers of general circulation in the affected area, one of which is a newspaper with statewide circulation. He asked "what is a newspaper with statewide circulation?" He also noted that §25.104 allows the department to publish notice in the Texas Register and wonders if that was something the local governments would be able to do.

In response, the department notes that the intention of this requirement is to ensure that notice of a proposed route is adequately publicized on both the local and statewide levels. Newspapers with statewide circulation are those newspapers that are distributed and available for purchase throughout the State of Texas. These newspapers would include, but would not be limited to, publications such as the Dallas Morning News, the Houston Chronicle, the Fort Worth Star Telegram, the San Antonio Express-News, and the Austin American-Statesman.

The department also notes that Government Code, §2002.011 requires the Texas Register to contain notices of open meetings issued and filed in the office of the secretary of state as provided by law. Government Code, §551.053 requires notices of meetings involving a district or political subdivision extending into four or more counties to be filed with the office of the secretary of state. Districts or political subdivisions extending into fewer than four counties do not have such a requirement. Accordingly, the latter notices are not published in the Texas Register . A political subdivision as defined in the rules would therefore not have the authority to publish a notice in the Texas Register .

Mr. Mixon's next comment concerns §25.103(f)(3), which requires a route proposal to include a signature of approval by an authorized official of the political subdivision, such as the mayor, city manager, county judge or an equivalent level of authority. He asks whether each of these officials would provide a signature of approval or whether a county judge representing all of the political subdivisions could provide the signature of approval.

In response, the department reiterates that any entity that comes within the definition of political subdivision would have the authority to establish NRHM route designations, and that a political subdivision is not considered to be an interjurisdictional entity. Any such political subdivision would be required to submit a route proposal to the department, and would have to provide a signature of approval from an authorized official of that political subdivision. A county judge would be considered such an official. The intention of the rules is to have an official from the political subdivision that submits the route proposal provide the signature of approval, not for a county judge representing cities within the county provide the signature. The department notes, however, that §25.103(c) requires a political subdivision considering the establishment of a NRHM route to contact any other political subdivision within a 25 mile radius of any point along the route and to consult with those entities during the process for determining the best NRHM route. The section cannot be changed.

Mr. Mixon additionally asserts that if a municipality with a population of more than 750,000 does not designate a non-radioactive hazardous materials transportation route, then the department should do so.

In response, the department notes that House Bill 970, 75th Legislature, 1997 requires such a municipality to develop a route for commercial motor vehicles carrying hazardous materials on a road or highway in the municipality. The department also notes that it has the authority to propose a route in such a municipality. However, given the statutory mandate of House Bill 970, the department is not required to develop a route for commercial motor vehicles carrying hazardous materials on a road or highway in these municipalities. The transportation of NRHM within a municipality is a matter of local concern, as well as a matter of statewide concern. The requirements of the rules in that regard will remain unchanged.

Mr. Mixon next stated that §25.104(c), which authorizes the department to coordinate with the local emergency planning council or committee during the route development process, should be changed to require coordination.

In response, for the reasons stated in the response to the comments concerning §25.103(c), the department reiterates its belief that the permissive nature of this coordination is appropriate. The section will remain unchanged.

Mr. Mixon finally asks if these rules could look at making a political subdivision be a countywide entity that would include the cities as well as the county in the route establishment process, so that cities with large populations include counties during this process or make the county the driving force in making the route recommendation to the department.

In response, the department reiterates its comments concerning the interjurisdictional nature of a political subdivision, and again notes that §25.103(c) requires a political subdivision considering the establishment of a NRHM route to contact any other political subdivision within a 25 mile radius of any point along the proposed route, and to consult with those entities during the route establishment process. This would necessarily involve the county or counties in which the NRHM route is to be located. This coordination with affected political subdivisions would be an essential element in the department's review of a proposed route. Accordingly, the department believes that the rules provide ample opportunity for counties as well as other local governments to have input in the development of a route. The rules will not be changed.

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, Texas Civil Statutes, Article 6675d, as amended by House Bill 711 and House Bill 970, 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.

Issued in Austin, Texas, on December 19, 1997.

TRD-9716966

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Effective date: January 8, 1998

Proposal publication date: October 17, 1997

For further information, please call: (512) 463-8630

Chapter 28. Oversize and Overweight Vehicles and Loads

The Texas Department of Transportation adopts amendments to §28.2, concerning definitions and amendments to §§28.10-28.16, concerning oversize and overweight vehicles and loads. Sections 28.11 and 28.13 are adopted with changes to the proposed text as published in the October 17, 1997 issue of the Texas Register (22 TexReg 10296). Sections 28.2, 28.10, 28.12 and 28.14-28.16 are adopted without changes and will not be republished.

The amendments are necessary to implement the provisions of Senate Bill 370, Senate Bill 605, Senate Bill 1631, House Bill 1345, and House Bill 2703, 75th Legislature, 1997, 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 370 amended Chapter 201, Transportation Code, to allow the filing of license applications and the issuance of licenses by electronic means, and provides procedures for allowing the use of digital signatures on license applications. As used in this bill, the term "license" includes an oversize/overweight permit issued by the department. Further, Senate Bill 370 amended §623.074, Transportation Code, to authorize the department to adopt rules authorizing electronic submission of permit applications and electronic issuance of permits.

Senate Bill 605 amended Subchapter F, Chapter 623, Transportation Code to allow the transport of portable building unit compatible cargo with a portable building unit permit, and established portable building unit escort vehicle requirements. Senate Bill 1631 amends Chapter 621 and 623, Transportation Code, to allow electronic fund transfers.

House Bill 1345 amended §623.071, Transportation Code, to authorize the department to issue an annual permit for water well drilling machinery and to authorize the department to issue an annual permit for superheavy or oversize equipment.

House Bill 2703 amends §623.093, Transportation Code, to provide that the mover of a manufactured home, which is not being moved to or from a location where it is intended to be occupied as a dwelling, need not supply information relating to taxing authorities when applying for a permit. House Bill 2703 further authorizes the department to issue an annual permit for the transportation of new homes from a manufacturing facility to a temporary storage location.

Section 28.2, Definitions, is amended to include various new terms and definitions.

Section 28.10, Purpose, includes references to the issuance of permits for portable building compatible cargo and the issuance of permits for the movement of water well drilling machinery and equipment.

Section 28.11, Permit Issuance Requirements and Procedures, is amended to clarify and provide procedures for submitting electronic applications, the use of escrow accounts for the payment of fees, and escort requirements for portable building units and portable building compatible cargo.

Section 28.12, Single-trip Permits Issued Under Transportation Code, Chapter 623, Subchapter D, is amended to provide requirements and fees for the movement of vehicles and loads with annual water well drilling and equipment permits, annual envelope vehicle permits, and annual manufactured housing permits.

Section 28.13, which establishes procedures for the issuance of permits for the movement of manufactured housing and industrialized housing and buildings, is amended to provide procedures for initiating and replenishing escrow accounts with electronic funds transfers, and exempt permittees from providing taxing authority information for tax exempt moves of manufactured homes.

Section 28.15, which establishes procedures for the issuance of permits for the movement of portable buildings. is amended to include requirements and fees for the movement of portable building compatible cargo, including escort vehicle requirements.

Section 28.16, Permits for Military and Governmental Agencies, is amended to reflect a name change from "Central Permit Office" to "Motor Carrier Division."

A public hearing was held on November 12, 1997. Verbal comments were received from an individual and from a representative of the Texas Motor Transportation Association. One written comment was also received.

Comment: One commenter requested that the department lower the cost of the annual envelope vehicle permit provided for in §28.13(d)(3), in order to bring the permit price more in line with those of other states, and to make the permit economically attractive to permittees.

Response: The department has evaluated the potential use factor and the language in the statute, which allows the department to set the annual envelope vehicle permit fee up to $3,500. Based upon this evaluation, and uncertainties regarding usage of the annual envelope vehicle permit, the department has determined that the annual envelope vehicle permit fee shall be lowered to $2,000. Section 28.13(d)(3) will reflect this change. The department has further determined that a detailed cost analysis will be performed after the permit has been available for a period of 12 months, and the permit fee will be reevaluated at that time based upon such analysis.

Comment: One commenter requested that §28.10 be amended to state explicitly that a "hand-written" permit is acceptable as an "original" permit, for law enforcement purposes. The commenter also requested that department policies concerning night movement of permitted vehicles be clarified.

Concerning §28.13(d)(3), regarding Annual Envelope Vehicle Permits, the commenter stated that the rules should be more specific concerning the type of information to be included on the permit for enforcement purposes, and requested that the rules stipulate legal axle load limits. Further, the commenter questioned why an annual envelope vehicle permit could be used in conjunction with a single trip for additional width, height, or length, but could not be used for additional weight.

Response: Concerning §28.10, the requested amendments are not part of this rulemaking, and the department feels that additional study, in conjunction with law enforcement, is needed prior to making such amendments. In general, the department contends that it is generally understood by law enforcement that permits issued over the telephone are original permits and are handwritten, as well as night movement requirements. The department will evaluate this request further prior to the Chapter 28 rulemaking planned for early spring, 1998.

Concerning §28.13, §28.13(d)(3)(F) states that a permitted vehicle must comply with §28.11(d)(2) and (3), which delineates maximum axle weight limits and weight limits for load restricted roads. Therefore, the department believes that additional information concerning axle weight limits would not provide any further clarification. Further, concerning the request that an annual envelope vehicle permit be used in conjunction with a single trip permit for additional weight, Transportation Code §623.071(f) states that an annual envelope vehicle permit may be used in conjunction with a single trip permit to increase height or width limits. Therefore, the use of an annual envelope vehicle permit in conjunction with a single trip permit to increase weight is not permitted under this statute.

Comment: The Texas Motor Transportation Association recommended that the annual envelope vehicle permit fee provided for in §28.13(d)(3) be lowered for the first year in order to attract more users. The commenter also stated that more users would purchase this permit if purchasers were allowed to pay the permit fee in quarterly installments.

Further, the commenter recommended that §28.11(f)(2) be amended to allow a permittee to return with a load, rather than empty, after delivering a permitted load.

Response: As stated earlier, the department has evaluated the potential use factor and the language in the statute, and has determined that the annual envelope vehicle permit fee shall be lowered to $2,000 for the first year. In response to recommended amendments to §28.11(f)(2), the department has evaluated the statement and agrees with the commenter, however, amendments to this section were not a part of this rulemaking. The department will continue reviewing this recommendation and consider it for the previously mentioned rulemaking planned for early Spring, 1998.

Finally, the department lacks the statutory authority to authorize quarterly installments of the permit fee. In §28.11(f)(2) the department is correcting a typographical error in the cross reference to §28.13(b)(3).

Subchapter A. General Provisions

43 TAC §28.2

The amendment is 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.

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.

Issued in Austin, Texas, on December 19, 1997.

TRD-9716967

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Effective date: January 8, 1998

Proposal publication date: October 17, 1997

For further information, please call: (512) 463-8630

Subchapter B. General Permits

43 TAC §§28.10-28.16

The amendments 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.

§28.11.Permit Issuance Requirements and Procedures.

(a)

Application for permit.

(1)

General. The applicant must complete the application, and must comply with the designated methods of payment in subsection (c) of this section prior to contacting the MCD for issuance of a permit. The applicant must list a specific load description, such as the model and serial number for any item of machinery, or in the case of concrete beams, the beam number shall be stated.

(A)

The owner of a vehicle permitted under the provisions of Transportation Code, Chapter 623, Subchapter D, must file a surety bond with the MCD as provided in subsection (g)(1) and (2) of this section, or register as a motor carrier in accordance with Transportation Code, Chapters 643 and 645, prior to permit issuance.

(B)

When an application is made by telephone, mail, facsimile, or electronically, the permit officer will request all information in the application for entry into the department's computer for record keeping purposes and generation of the permit number. The information will be verified and a route will be selected.

(i)

Applications transmitted electronically are considered signed if a digital signature is transmitted with the application and intended by the applicant to authenticate the application.

(ii)

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.

(iii)

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.

(C)

The official permit issued by the MCD is stored in the department's mainframe computer located in Austin.

(D)

A permit request made by mail or facsimile will be returned to the applicant by mail or facsimile.

(E)

The MCD is closed on Sunday, New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.

(2)

Single-trip permit application. An application for a single-trip permit may be made to the MCD by telephone, by submitting a facsimile permit request, by submitting a permit request electronically, or by taking the application in person to a cash collection office. All applications made by telephone are recorded.

(3)

Time permit application. An application for a time permit issued under Transportation Code, Chapter 622, Subchapter E and Chapter 623, Subchapter D, must be submitted by mail, electronically, or by facsimile to the MCD.

(b)

Permit issuance.

(1)

General. The applicant must legibly enter all information and the permit number on the permit, when the permit request is made by telephone.

(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)

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 applicant's copy of the permit.

(C)

A permittee may not transport an over dimension load with a void permit; a new permit must be obtained.

(2)

Single-trip permit. Specific types of single-trip permits are covered in §28.12 of this title (relating to Single-Trip Permits Issued Under Transportation Code, Chapter 623, Subchapter D), §28.14 of this title (relating to Manufactured Housing, Industrialized Housing and Building Permits), and §28.15 of this title (relating to Portable Building Permits).

(3)

Time permit. A time permit may be issued by mail, electronically, or by facsimile. Specific types of time permits are covered in §28.13 of this title (relating to Time Permits Issued Under Transportation Code, Chapter 622, Subchapter E and Chapter 623, Subchapter D).

(c)

Payment of permit fee.

(1)

Credit card. A permit ordered by telephone, electronically, or by facsimile may be purchased with a credit card.

(A)

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.

(B)

A permit purchased with a credit card will pay a service charge of $1.00 in addition to the permit fee.

(2)

Cash. Cash is acceptable as payment of a permit ordered by telephone, and the payment must be made at a cash collection office. Cash is not the preferred form of payment.

(A)

A cashier's check, or a money order is acceptable as payment of a permit, and the payment may be made at a cash collection office or at the MCD prior to receipt of the permit.

(B)

A company check or a personal check is not acceptable as payment of a permit.

(3)

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).

(A)

A permit applicant that 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 in the State Treasury. 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. Five dollars per deposit will be charged as an escrow account administrative fee and shall be deposited in the state highway fund.

(B)

When the permit applicant's escrow account balance has been reduced to $150, the department will notify the holder of the escrow account with instructions to submit a cashier's check or money order, payable to the department in the minimum amount of $305, which shall be used to replenish the escrow account. In lieu of a cashier's check, the escrow account holder may replenish an escrow account by transferring funds to the department electronically.

(C)

Upon receipt of a replenishment check or electronic funds transfer, the department will charge $5.00 as an escrow account administrative fee, and will credit the remainder of the transmitted funds to the balance of the escrow account holder.

(D)

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.

(4)

Refunds. A permit fee will not be refunded after the permit number has been issued; however, a refund may be made after permit issuance if it is necessary to correct an error made by the permit officer.

(d)

Maximum permit weight limits.

(1)

General. An overweight permitted vehicle will not be routed over a load restricted 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)

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. When two or more consecutive axle groups have 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, the department will grant reduced permit weights for each axle group based on the number of axles in the group and the spacing between the groups as shown in the following Appendix A, which is titled "Maximum Permit Weight For Axle Groups Spaced Less Than 12 Feet."

Figure 1: 43 TAC §28.11(d)(1)(D).

(E)

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.

(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.

(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; and

(G)

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 -- 10% less than the permit weights as shown in Appendix A of subsection (d)(1)(D) of this section.

(e)

Escort vehicle requirements.

(1)

General. The operator of an escort vehicle shall, consistent with applicable law, warn the traveling public when a permitted vehicle: must travel over the center line of a narrow bridge or roadway; makes any turning movement that will require the permitted vehicle to travel in the opposing traffic lanes; reduces speed to cross under a low overhead obstruction or over a bridge; or at any time that the permitted vehicle creates an abnormal and unusual traffic flow pattern.

(A)

The MCD has the authority to require escort vehicles for the safe movement of a permitted vehicle, except for manufactured housing which has specific requirements established in Transportation Code, Chapter 623, Subchapter E and portable building units and portable building compatible cargo established in Transportation Code, Chapter 623, Subchapter F, provided the MCD has determined that the use of escort vehicles would provide for the safe movement of the permitted vehicle, and would protect the traveling public during the movement of the permitted vehicle.

(B)

A motorcycle, a motorized bicycle, or a motorized quadricycle may not be used as the primary escort vehicle for a permitted vehicle traveling on the state highway system; however, a police officer may use a motorcycle to control traffic and to assist the primary escort vehicle during the movement of the permitted vehicle.

(C)

The permittee must select and provide for escort vehicles and police assistance when they are required by the MCD.

(D)

The permittee must provide any needed assistance from utility companies, telephone companies, television cable companies, etc., when it is necessary to raise or lower any overhead wire, traffic signal, street light, television cable, sign, or other overhead obstruction.

(E)

Police assistance may be required by the MCD to control traffic when a permitted vehicle is being moved within the corporate limits of cities, or at such times when police assistance would provide for the safe movement of the permitted vehicle and the traveling public.

(2)

Equipment requirements. The following are special equipment requirements for escort vehicles and permitted vehicles.

(A)

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.

(B)

An escort vehicle must display a sign, on either the roof of the vehicle, or the front or rear of the vehicle, with the words "OVERSIZE LOAD". The sign must meet the following specifications:

(i)

Size: 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)

Color: yellow background with black lettering.

(iii)

Size of lettering: at least eight inches but not more than 10 inches high with a brush stroke at least 1.41 inches wide.

(iv)

Visibility: The sign must be visible from the front or rear of the vehicle while escorting the permitted vehicle, and such signs must not be used at any other time.

(C)

An escort vehicle must maintain two-way radio communications with the permitted vehicle and other escort vehicles involved with the movement of the permitted vehicle.

(D)

Warning flags must be either red or orange fluorescent material, at least 18 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.

(f)

General provisions.

(1)

Multiple commodities.

(A)

Except as provided in subparagraph (B) of this paragraph, when a permitted commodity creates a single over dimension, two or more commodities may be hauled as one permit load, provided legal axle and gross loads are not exceeded, and provided no illegal dimension of width, length or height is 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 the addition of the 10 foot wide tank does not create an illegal axle or gross weight, or an illegal length, or an illegal height.

(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 Commerce, 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 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 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, 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)(3) of this title (relating to Time Permits issued under Transportation Code, Chapter 623, Subchapter D.

(3)

Registration. A vehicle registered with a permit plate will not be permitted under Transportation Code, Chapter 623, Subchapter D. A permitted vehicle operating under Transportation Code, Chapter 623, Subchapter D, 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 72/144-hour temporary registration;

(C)

current out-of-state license plates that are apportioned for travel in Texas; or

(D)

foreign commercial vehicles registered under annual registration.

(4)

Restrictions pertaining to road conditions. Movement of a permitted vehicle is prohibited when:

(A)

visibility is reduced to less than 2/10 of one mile; or

(B)

the road surface is hazardous due to:

(i)

weather conditions such as rain, ice, sleet, or snow; or

(ii)

highway maintenance or construction work.

(5)

Daylight and night movement restrictions. A permitted vehicle may be moved only during daylight unless an exception is granted based on a route and traffic study conducted by the MCD.

(6)

Curfew restrictions. The operator of a permitted vehicle must observe the curfew movement restrictions of any city in which the vehicle is operated.

(7)

Amendments. A permit may be amended for the following reasons:

(A)

vehicle breakdown;

(B)

changing the intermediate points in an approved permit route;

(C)

extending expiration date due to vehicle breakdown;

(D)

extending expiration date due to weather conditions which would not allow the move to start on time or caused the move to be delayed;

(E)

changing route origin, route destination, or vehicle size limits, provided the permit has not begun; and

(F)

correcting any mistake that is made due to permit officer error.

(g)

Surety bonds.

(1)

General. The following conditions apply to surety bonds specified in Transportation Code, §622.013, §623.075, and §623.163.

(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 issued on an annual basis with an expiration date of August 31;

(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;

(vi)

be countersigned by a Texas resident agent of the surety company issuing the surety bond, if it is not issued in the State of Texas.

(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, Form 439; and be in the amount of $10,000.

(B)

An applicant desiring a permit for a load exceeding 250,000 pounds gross weight must obtain a surety bond, issued on Form 440, in the amount of $100,000.

(C)

A facsimile 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.

(D)

The surety bond requirement does apply to the delivery of farm equipment to a farm equipment dealer.

(E)

A surety bond is required when a dealer or transporter of farm equipment or a manufacturer of farm equipment obtains a permit.

(F)

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.

(G)

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.

(3)

Ready-mix concrete and concrete pump trucks, or solid waste vehicle, and recyclable materials surety bonds.

(A)

A surety bond is required for a vehicle operated under provisions of Transportation Code, §622.013, §622.134 or §623.163. The surety bond must:

(i)

be in the amount of $1,000 per vehicle (For example, if 10 trucks are covered by the surety bond then the total amount of the surety bond would be $10,000);

(ii)

indicate the total amount of coverage; and

(iii)

be submitted in duplicate to the MCD on Form 1382 or Form 1575.

(B)

Form 1382-A or Form 1576 must be completed in duplicate and submitted to the MCD for certification of each vehicle bonded under Forms 1382 or Form 1575.

(C)

The MCD will certify and return to the principal, one copy of Form 1382 or Form 1575, and one copy of Form 1382-A or Form 1576.

(D)

The original Form 1382-A or Form 1576 must be carried in the cab of the bonded vehicle.

(E)

When a vehicle is added, a new Form 1382 or Form 1575 must be submitted to the MCD that indicates the new increased amount of the surety bond.

(F)

Form 1383 or Form 1577 must be used to add or delete a vehicle covered by Form 1382 or Form 1575, and must be completed in duplicate and submitted to the MCD for certification.

(G)

The MCD will certify and return to the principal, one copy of Form 1383 or Form 1577 when a new vehicle is added to the surety bond. When a vehicle is dropped from the surety bond the MCD will make the necessary revision to the principal's file.

(H)

Form 1383 or Form 1577 must be carried in the cab of the bonded vehicle.

(I)

A facsimile copy of Forms 1382, 1382-A, 1383, 1575, 1576 or 1577 is not acceptable in lieu of the original surety bond.

§28.13. Time Permits.

(a)

General Conditions. Time permits issued under Transportation Code, Chapter 623, and this section shall be governed by the requirements of §28.11(b)(1) and (3) of this title (relating to Permit Issuance Requirements and Procedures). The following conditions apply to time permits issued for overwidth or overlength loads, or overlength vehicles, under this section.

(1)

Fees. The fee for a 30-day permit is $60; the fee for a 60-day permit is $90; and the fee for a 90-day permit is $120.

(2)

Validity of Permit. Time permits are valid for a period of 30, 60, or 90 calendar days, based on the request of the applicant, and will begin with the "movement to begin" date stated on the permit.

(3)

Weight/height limits. The permitted vehicle may not exceed the weight or height limits set forth by Transportation Code, Chapter 621, Subchapters B and C.

(4)

Registration requirements for permitted vehicles. The permitted vehicle must be registered in accordance with Transportation Code, Chapter 502, for maximum weight for the vehicle or vehicle combination as set forth by Transportation Code, §502.151. Time permits will not be issued to a vehicle or vehicle combination that is registered with temporary registration.

(5)

Vehicle indicated on permit. The permit will indicate only the truck or truck-tractor transporting the load; however, any properly registered trailer or semi-trailer is covered by the permit, but will not be listed on the permit.

(6)

Periods of movement. Permitted vehicles may only be moved during daylight hours.

(7)

Permit routes. The permit route will be limited to eight adjoining districts, unless a specific route with an exact origin and destination is requested by the permit applicant. In cases where a specific route with an exact origin and destination is requested, the route may include more than eight districts.

(8)

Travel restrictions.

(A)

The permitted vehicle must not cross a load restricted bridge and must not travel over any load restricted road, or through any highway construction or maintenance area.

(B)

The permitted load must not be moved during hazardous weather conditions, as described in §28.11 of this title (relating to Permit Issuance Requirements and Procedures).

(C)

The permittee is responsible for obtaining information regarding load restrictions, highway construction or maintenance areas, and weather restrictions from the department.

(9)

Availability. A time permit is available to all applicants and is not restricted to any class of operators.

(10)

Transfer of time permits. Time permits are non-transferable between permittee or vehicles.

(b)

Overwidth loads. An overwidth time permit may be issued for the movement of any non-divisible load or overwidth trailer, with the following conditions.

(1)

Width requirements. A time permit will not be issued for a vehicle with a width exceeding 13 feet.

(2)

Weight, height, and length requirements. The permitted vehicle shall not exceed legal weight, height, or length according to Transportation Code, Chapter 621, Subchapters B and C. When multiple items are hauled at the same time, the items may not be loaded in a manner that creates:

(A)

a width greater than the width of the widest item being hauled;

(B)

a height greater than 14 feet;

(C)

an overlength load; or

(D)

a gross weight exceeding the registered gross weight of the vehicle hauling the load.

(3)

Movement of overwidth trailers. When the description of the permitted vehicle is listed as an overwidth trailer, it will be permitted to move empty to and from the job site, or to return from the job site to the permittee's place of business with a load that is less than the width of the trailer, provided the place of business is located on the authorized route stated on the permit, or is within the authorized area of travel indicated on the permit.

(c)

Overlength loads. An overlength time permit may be issued for the transportation of overlength loads or the movement of an overlength self-propelled vehicle, subject to the following conditions.

(1)

Length requirements. The maximum overall length for the permitted vehicle may not exceed 110 feet.

(2)

Weight, height and width requirements. The permitted vehicle may not exceed legal weight, height, or width according to Transportation Code, Chapter 621, Subchapters B and C.

(A)

The maximum length for a single permitted vehicle may not exceed 75 feet.

(B)

A permitted vehicle with a load extending more than 20 feet beyond the rearmost portion of the load carrying surface must have a rear escort, unless an exception is granted by the department's Motor Carrier Division, based on a route and traffic study.

(C)

A permitted vehicle with a load extending more than 20 feet beyond the foremost portion of the permitted vehicle must have a front escort, unless an exception is granted by the department's Motor Carrier Division based on a route and traffic study.

(D)

A permit will not be issued when the load has more than 25 feet front overhang, or more than 30 feet rear overhang, unless an exception is granted by the department's Motor Carrier Division, based on a route and traffic study.

(3)

Emergency movement. A permitted vehicle transporting utility poles will be allowed emergency night movement for restoring electrical utility service, provided the permitted vehicle has a front and a rear escort vehicle.

(d)

Annual permits.

(1)

Implements of husbandry. An annual permit may be issued for an implement of husbandry being moved by a dealer in those implements, and for harvesting equipment being moved as part of an agricultural operation.

(A)

The fee for the permit is $135, plus the highway maintenance fee specified in Transportation Code, §623.077, for an overweight load.

(B)

The time period will be for one year and will start with the "movement to begin" date stated on the permit.

(C)

The maximum width may not exceed 16 feet; maximum height may not exceed 16 feet; maximum length may not exceed 110 feet; and maximum weight may not exceed the limits stated in §28.11(d) of this title (relating to Permit Issuance Requirements and Procedures).

(D)

The permitted vehicle must not travel over a load restricted bridge, or through any highway construction or maintenance area, and must travel in the outside traffic lane on multi-lane highways, when the width of the load exceeds 12 feet.

(E)

The permitted vehicle must be registered in accordance with Transportation Code, Chapter 502, for maximum weight for the vehicle or vehicle combination as set forth by Transportation Code, Chapter 621.

(F)

Movement will be during daylight hours only.

(G)

The permitted vehicle must:

(i)

have a front escort vehicle if the width exceeds 14 feet but does not exceed 16 feet when traveling on a two-lane highway, unless an exception is granted by the department's Motor Carrier Division based on a route and traffic study;

(ii)

have a rear escort vehicle if the width exceeds 14 feet but does not exceed 16 feet when traveling on a roadway of four or more lanes, unless an exception is granted by the department's Motor Carrier Division based on a route and traffic study;

(iii)

have a front and a rear escort vehicle if the width of the load exceeds 16 feet, unless an exception is granted by the department's Motor Carrier Division based on a route and traffic study; and

(iv)

not travel on the main lanes of a controlled access highway if the width of the load exceeds 16 feet, unless an exception is granted by the department's Motor Carrier Division based on a route and traffic study.

(2)

Water well drilling machinery. The department may issue annual permits under Transportation Code, §623.071, for water well drilling machinery and equipment that cannot be reasonably dismantled.

(A)

The fee for a permit issued under this paragraph is $135, plus the highway maintenance fee specified in Transportation Code, §623.077, for an overweight load.

(B)

A water well drilling machinery permit is valid for one year from the "movement to begin" date stated on the permit.

(C)

The maximum dimensions may not exceed 16 feet wide, 14 feet 6 inches high, 110 feet long, and maximum weight may not exceed the limits stated in §28.11(d) of this title (relating to Permit Issuance Requirements and Procedures).

(D)

The permitted vehicle must be registered in accordance with Transportation Code, Chapter 502, for the maximum weight of the vehicle as set forth by Transportation Code, Chapter 621.

(E)

A permit issued under this paragraph is non-transferable between permittees or vehicles.

(F)

Movement will be during daylight hours only.

(G)

A permit issued under this section authorizes a permitted vehicle to operate only on the state highway system.

(H)

The permitted vehicle must not travel over a load restricted bridge or load restricted road with weights greater than the posted limits, or through any highway construction or maintenance area.

(I)

The permitted load must not be moved during hazardous weather conditions, as described in §28.11(f)(4) of this title (relating to Permit Issuance Requirements and Procedures).

(J)

The permitted vehicle must:

(i)

have a front escort vehicle if the width exceeds 14 feet 6 inches but does not exceed 16 feet when traveling on a two-lane highway, unless an exception is granted by the MCD based on a route and traffic study; and

(ii)

have a rear escort vehicle if the width exceeds 14 feet but does not exceed 16 feet when traveling on a roadway of four or more lanes, unless an exception is granted by the MCD based on a route and traffic study.

(3)

Envelope vehicle permit. The department may issue an annual permit under Transportation Code, §623.071(3), for the movement of superheavy or oversize equipment that cannot reasonably be dismantled.

(A)

Superheavy or oversize equipment operating under an annual envelope vehicle permit may not exceed:

(i)

12 feet in width;

(ii)

14 feet in height;

(iii)

110 feet in length; or

(iv)

120,000 pounds gross weight.

(B)

Superheavy or oversize equipment operating under an annual envelope vehicle may not transport a load that has more than 25 feet front overhang, or more than 30 feet rear overhang.

(C)

The fee for an annual envelope vehicle permit is $2,000, and is non-refundable.

(D)

The time period will be for one year and will start with the "movement to begin" date stated on the permit.

(E)

This permit authorizes operation of the permitted vehicle only on the state highway system.

(F)

The permitted vehicle must comply with §28.11(d)(2) and (3) of this title (relating to Permit Issuance Requirements and Procedures).

(G)

The permitted vehicle may not travel over a load restricted bridge with weights greater than the bridge posted limits.

(H)

Authorized movement for a vehicle permitted under this section shall be valid during daylight hours only as defined by Transportation Code §541.401.

(I)

The permitted load must not be moved during hazardous weather conditions, as described in §28.11(f)(4) of this title (relating to Permit Issuance Requirements and Procedures).

(J)

The operator of a permitted vehicle must observe the curfew movement restrictions of any city in which the vehicle is operated.

(K)

The permitted vehicle or vehicle combination must be registered in accordance with Transportation Code, Chapter 502, for maximum weight as set forth by Transportation Code, Chapter 621.

(L)

The permitted vehicle must:

(i)

have a rear escort for loads extending more than 20 feet beyond the rearmost portion of the load-carrying surface; and

(ii)

have a front escort for loads extending more than 20 feet beyond the foremost portion of the permitted vehicle.

(M)

A permit issued under this paragraph is non-transferable between permittees.

(N)

A permit issued under this paragraph may be transferred from one vehicle to another vehicle in the permittee's fleet provided:

(i)

the permitted vehicle is destroyed or otherwise becomes permanently inoperable, to an extent that it will no longer be utilized, and the permittee presents proof that the negotiable certificate of title or other qualifying documentation has been surrendered to the department; or

(ii)

the certificate of title to the permitted vehicle is transferred to someone other than the permittee, and the permittee presents proof that the negotiable certificate of title or other qualifying documentation has been transferred from the permittee.

(O)

A single trip permit, as described in §28.12(a)(2)(A) of this title (relating to Single Trip Permits Issued Under Transportation Code, Chapter 623, Subchapter D), may be used in conjunction with an annual permit issued under this paragraph for the movement of vehicles or loads exceeding the height or width limits established in subparagraph (A) of §28.12 this paragraph. The department will indicate the annual permit number on any single trip permit to be used in conjunction with a permit issued under this paragraph, and permittees will be assessed a fee of $30 for the single trip permit.

(4)

Annual manufactured housing permit. The department may issue an annual permit for the transportation of new manufactured homes from a manufacturing facility to a temporary storage location, not to exceed 20 miles from the point of manufacture, in accordance with Transportation Code, §623.094.

(A)

A permit shall contain the name of the company or person authorized to be issued permits by Transportation Code, Chapter 623, Subchapter E.

(B)

The fee for a permit issued under this paragraph is $1,500. Fees are non-refundable.

(C)

The time period will be for one year from the "movement to begin" date stated on the permit.

(D)

A copy of the permit must be carried in the vehicle transporting a manufactured home.

(E)

The permitted vehicle must not travel through any highway construction or maintenance area, and must travel in the outside traffic lane on multi-lane highways when the width of the load exceeds 12 feet.

(F)

The permitted vehicle must be registered in accordance with Transportation Code, Chapter 502.

(G)

Authorized movement for a vehicle permitted under this section shall be valid during daylight hours only as defined by Transportation Code, §541.401.

(H)

The permitted load must not be moved during hazardous weather conditions, as described in §28.11(f)(4) of this title (relating to Permit Issuance Requirements and Procedures).

(I)

The operator of a permitted vehicle must observe the curfew movement restrictions of any city in which the vehicle is operated.

(J)

A manufactured home exceeding 12 feet in width must have a rotating amber beacon of not less than eight inches in diameter mounted somewhere on the roof at the rear of the manufactured home, or two five-inch flashing amber lights may be mounted approximately six feet from ground level at the rear corners of the manufactured home. The towing vehicle must have one rotating amber beacon of not less than eight inches in diameter mounted on top of the cab. These beacons or flashing lights must be operational and luminiferous during any permitted move over the highways, roads, and streets of this state.

(i)

A manufactured home with a width exceeding 16 feet but not exceeding 18 feet must have a front escort vehicle on two-lane roadways and a rear escort vehicle on roadways of four or more lanes.

(ii)

A manufactured home exceeding 18 feet in width must have a front and a rear escort on all roadways at all times.

(iii)

The escort vehicle must have:

(I)

one red 16 inch square flag mounted on each of the four corners of the vehicle;

(II)

a sign mounted on the front and rear of the vehicle displaying the words "WIDE LOAD" in black letters at least eight inches high with a brush stroke at least 1.41 inches wide against a yellow background; and

(III)

an amber light or lights, visible from both front and rear, which is either two simultaneously flashing lights mounted on top of the vehicle or one rotating beacon of not less than eight inches in diameter.

(iv)

Two transportable sections of a multi-section manufactured home, or two single section manufactured homes, when towed together in convoy may be considered one home for purposes of the escort vehicle requirements, provided the distance between the two units does not exceed 1000 feet.

(K)

Permits issued under this section are non-transferable between permittees.

(5)

Power line poles. An annual permit will be issued under Transportation Code, Chapter 622, Subchapter E, for the movement of poles required for the maintenance of electric power transmission and distribution lines.

(A)

The fee for the permit is $120.

(B)

The time period will be for one year and will start with the "movement to begin" date stated on the permit.

(C)

The maximum length of the permitted vehicle may not exceed 75 feet.

(D)

The width, height and gross weight of the permitted vehicle may not exceed the limits set forth by Transportation Code, Chapter 621.

(E)

The permitted vehicle must not travel over a load restricted highway or bridge, and must not travel through any highway construction or maintenance area.

(F)

The permitted vehicle must be registered in accordance with Transportation Code, Chapter 502, for maximum weight as set forth by Transportation Code, Chapter 621.

(G)

Movement will be between the hours of sunrise and sunset; however, the limitation on hours of operation does not apply to a vehicle being operated to prevent interruption or impairment of electric service, or to restore electric service that has been interrupted.

(H)

The speed of the permitted vehicle may not exceed 50 miles per hour.

(I)

There must at all times be displayed at the extreme rear end of the permitted vehicle a red flag or cloth of not less than 12 inches square and so hung that the entire area is visible to the driver of a vehicle approaching from the rear.

(6)

Cylindrically shaped bales of hay. An annual permit may be issued under Transportation Code, §621.017, for the movement of vehicles transporting cylindrically shaped bales of hay.

(A)

The permit fee is $10.

(B)

The time period will be for one year, and will start with the "movement to begin" date stated on the permit.

(C)

The maximum width of the permitted vehicle may not exceed 144 inches.

(D)

The length, height, and gross weight of the permitted vehicle may not exceed the limits set forth by Transportation Code, Chapter 621.

(E)

The permitted vehicle may travel over all highways including those that are load restricted; however, it must not travel over a load restricted bridge at weights in excess of axle or load posting or through any highway construction or maintenance area.

(F)

Movement is restricted to daylight hours only.

(G)

The permit will not be transferred from vehicle to vehicle or from owner to owner, and will not be amended.

(H)

The permitted vehicle must be registered in accordance with Transportation Code, Chapter 502, for maximum weight as set forth by Transportation Code, Chapter 621.

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.

Issued in Austin, Texas, on December 19, 1997.

TRD-9716968

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Effective date: January 8, 1998

Proposal publication date: October 17, 1997

For further information, please call: (512) 463-8630