43 TAC §28.12
The Texas Department of Transportation proposes an amendment
to §28.12, concerning Single-Trip Permits Issued Under Transportation
Code, Chapter 623, Subchapter D.
EXPLANATION OF PROPOSED AMENDMENT
The department received a comment during the rule review of Chapter 28
asking that the department consider proposing a rule change concerning the
overall width limits for newly constructed houses and storage tanks. The commenter
requested that the maximum width be increased from 32 feet to 34 feet. Currently,
§28.12(d)(5) states that a permit will not be issued for newly constructed
houses or storage tanks that exceed 32 feet overall width. The State of Oklahoma
implemented similar legislation in 1991, which allows for the permitted movement
of industrialized housing that is 34 feet overall in width.
The amendment to increase the overall width of a newly constructed house
or storage tank from 32 feet to 34 feet should pose no additional risk to
the traveling public as these loads are traveling on pre-authorized routes
and have both front and rear escorts.
FISCAL NOTE
Frank J. Smith, Director, Finance Division, has determined that for the
first five-year period the amendment is in effect, there will be no fiscal
implications for state or local governments as a result of enforcing or administering
the amendment. There are no anticipated economic costs for persons required
to comply with the section as proposed.
Lawrance R. Smith, Director, Motor Carrier Division has certified that
there will be no significant impact on local economies or overall employment
as a result of enforcing or administering the amendment.
PUBLIC BENEFIT
Mr. Smith also has determined that for each year of the first five years
the amendment is in effect the public benefit anticipated as a result of enforcing
and administering the amendment will be to produce a positive impact for a
small segment of the transportation industry by allowing them to legally transport
houses and storage tanks with widths up to 34 feet. There will be no effect
on small businesses.
SUBMITTAL OF COMMENTS
Written comments on the proposed amendment may be submitted to Lawrance
R. Smith, Director, Motor Carrier Division, 125 East 11th Street, Austin,
Texas 78701-2483. The deadline for receipt of comments is 5:00 p.m. on June
14, 1999.
STATUTORY AUTHORITY
The amendment is proposed 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/overweight permits.
No statutes, articles, or codes are affected by the proposed amendment.
§28.12.Single-Trip Permits Issued Under Transportation Code, Chapter 623, Subchapter D.
(a)
General. The information in this section applies to single
trip permits issued under Transportation Code, Chapter 623, Subchapter D.
The department will issue permits under this section in accordance with the
requirements of §28.11 of this title (relating to General Oversize/Overweight
Permit Requirements and Procedures).
(b)
Overweight loads.
(1)
The maximum weight limits for an overweight permit are
specified in §28.11(d) of this title.
(2)
The applicant shall pay, in addition to the single-trip
permit fee of $30, the applicable highway maintenance fee described in §28.11(c)(3)(B)
of this title.
(3)
A permit issued for an overdimension load exceeding
200,000 pounds gross weight will have a total permit fee that includes the
single-trip permit fee, the highway maintenance fee, and the applicable vehicle
supervision fee (VSF) described in §28.11(c)(3)(C) of this title.
(A)
When a permit is issued under this subsection, and the
permittee has additional identical loads that are to be moved over the same
route within 30 days of the movement date of the original permit, a reduced
vehicle supervision fee of $35 will be charged in lieu of the full vehicle
supervision fee.
(B)
An applicant for a permit issued under paragraph (8) of
this subsection must pay the vehicle supervision fee at the time of permit
application in order to offset department costs for analyses performed in
advance of issuing the permit. A request for cancellation must be in writing
and received by the department prior to collection of the structural information
associated with the permit application. If the application is canceled, the
department will return the vehicle supervision fee.
(4)
An applicant applying for a permit to move a
load that is required for the fulfillment of a fixed price public works contract
that was entered into prior to the effective date of this section, and administered
by federal, state, or local governmental entities, will not be required to
pay the vehicle supervision fee, provided the applicant presents proof of
the contract to the MCD prior to permit issuance.
(5)
An applicant may elect to provide written certification
from a registered professional engineer stating that the bridges and culverts
on the proposed travel route are capable of sustaining the movement of an
overdimension load exceeding 200,000 pounds gross weight; however, such certification
must be approved by the department.
(6)
When the department has determined that a permit can
be issued for an overdimension load exceeding 200,000 pounds gross weight,
all remaining fees are due at the time the permit is issued.
(7)
The department will not charge an analysis fee for
single and multiple box culverts.
(8)
An applicant requesting a permit to move an overdimension
load that exceeds 254,300 pounds gross weight, or the weight limits described
in §28.11(d) of this title, must submit the following items to the MCD
to determine if the permit can be issued:
(A)
a detailed loading diagram which indicates the number of
axles, the number of tires on each axle, the tire size on each axle, the distance
between each axle, the tare and gross weight on each axle, the transverse
spacing of each set of dual wheels, the distance between each set of dual
wheels, the load's center of gravity, the distance from the center of gravity
to the center of the front bolster, the distance from the center of gravity
to the center of the rear bolster, the distance from the center of the front
bolster to the center of the fifth wheel of the truck, the distance from the
center of the rear bolster to the center of the closest axle, and any other
measurements as may be needed to verify that the weight of the overdimension
load is adequately distributed among the various axle groups in the amounts
indicated by the loading diagram;
(B)
a map indicating the exact beginning and ending points
relative to a state highway;
(C)
a copy of the signed contract indicating that the applicant
has been retained to transport the shipment; and
(D)
the vehicle supervision fee as specified in paragraph (3)
of this subsection.
(9)
The MCD will select a tentative route based on
the physical size of the overdimension load excluding the weight. The tentative
route must be investigated by the applicant, and the MCD must be advised,
in writing, that the route is capable of accommodating the overdimension load.
(10)
Upon receipt of the applicant's written notification,
the department will conduct a detailed structural analysis of the bridges
on the proposed route based on the applicant's proposed loading diagram, or
the applicant may elect to provide written certification from a registered
professional engineer stating that the bridges on the proposed travel route
are capable of sustaining the movement of the overdimension load. The certification
must be approved by the department before the permit will be issued.
(11)
A permit may be issued for the movement of oversize
and overweight self-propelled off road equipment under the following guidelines.
(A)
The weight per inch of tire width must not exceed 650 pounds.
(B)
The rim diameter of each wheel must be a minimum of 25
inches.
(C)
The maximum weight per axle must not exceed 45,000 pounds.
(D)
The minimum spacing between axles, measured from center
of axle to center of axle, must not be less than 12 feet.
(E)
The equipment must be moved empty.
(F)
The equipment must be licensed with a machinery license
plate or a one trip registration.
(G)
The route will not include any controlled access highway,
unless an exception is granted based on a route and traffic study conducted
by the MCD.
(c)
Drill pipe and drill collars hauled in a pipe box.
(1)
A vehicle or combination of vehicles may be issued a permit
under Transportation Code, §623.071, to haul drill pipe and drill collars
in a pipe box.
(2)
The maximum width must not exceed nine feet.
(3)
The axle weight limits must not exceed the maximum
weight limits as specified in §28.11(d)(3) of this title.
(4)
The height and length must not exceed the legal limits
specified in Transportation Code, Chapter 621, Subchapter B.
(5)
The permit will be issued for a single-trip only,
and the fee will be $30. For loads over 80,000 pounds, a highway maintenance
fee will be charged as specified in §28.11(c)(3)(B) of this title.
(6)
The permit is valid only for travel on any farm-to-market
and ranch-to-market road, and such road will be specified on the permit; however,
the permitted vehicle will not be allowed to cross any load restricted bridge
when exceeding the posted capacity of the bridge.
(7)
Movement will be restricted to daylight hours only.
(d)
Houses and storage tanks.
(1)
Unless an exception is granted by the MCD, approval for
the issuance of a permit for a house or storage tank exceeding 20 feet in
width will reside with each district engineer, or the district engineer's
designee, along the proposed route.
(2)
The issuance of a permit for a house or storage tank
exceeding 20 feet in width will be based on:
(A)
the amount of inconvenience and hazard to the traveling
public, based on traffic volume;
(B)
highway geometrics and time of movement; and
(C)
the overall width, measured to the nearest inch, of the
house, including the eaves or porches.
(3)
A storage tank must be empty.
(4)
The proposed route must include the beginning and
ending points on a state highway.
(5)
A permit will not be issued for a newly constructed
house or storage tank that exceeds
34
[
32
] feet overall
width
unless an exception is granted by the MCD based on a route and
traffic study
.
(6)
A permit will not be issued for the relocation of
an existing house or storage tank that exceeds 40 feet overall width, unless
an exception is granted by the MCD based on a route and traffic study.
(7)
A permit may be issued for the movement of an overweight
house provided:
(A)
the applicant completes and submits to the MCD a copy of
a diagram for moving overweight houses, as shown in Appendix
A
[
B
] of this section;
(B)
each support beam, parallel to the centerline of the highway,
is equipped with an identical number of two axle groups which may be placed
directly in line and across from the other corresponding two axle group or
may be placed in a staggered offset arrangement to provide for proper weight
distribution;
(C)
that, when a support beam is equipped with two or more
two axle groups, each two axle group is connected to a common mechanical or
hydraulic system to ensure that each two axle group shares equally in the
weight distribution at all times during the movement; and when the spacing
between the two axle groups, measured from the center of the last axle of
the front group to the center of the first axle of the following group, is
eight feet or more, the front two axle group is equipped for self-steering
in a manner that will guide or direct the axle group in turning movements
without tire scrubbing or pavement scuffing; and
(D)
the department conducts a detailed analysis of each structure
on the proposed route and determines the load can be moved without damaging
the roads and bridges.
(8)
The MCD may waive the requirement that a loading
diagram be submitted for the movement of an overweight house if the total
weight of all axle groups located in the same transverse plane across the
house does not exceed the maximum weight limits specified in §28.11(d)(2)
of this title.
(e)
Diagram for moving overweight houses. The following Appendix
A
[
B
] indicates the type of diagram that is to be completed
by the permit applicant for moving an overweight house. All measurements must
be stated to the nearest inch.
Figure: 43 TAC §28.12(e)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
May 3, 1999.
TRD-9902577
Richard Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: June 13, 1999
For further information, please call: (512) 463-8630