Permitting requirements for overweight and overdimensional vehicles are being amended to clarify requirements and allow the hauling of hazardous material in sealed containers.

 

DEPARTMENT OF TRANSPORTATION

RULE NOS.:RULE TITLES:

14-26.00411Procedure for Issuance of Permits

14-26.012Movement Conditions and Restrictions

14-26.01311Permits to Move Sealed Containerized Loads

14-26.014Non-Compliance

14-26.015Penalties

PURPOSE AND EFFECT: Permitting requirements for overweight and overdimensional vehicles are being amended to clarify requirements and allow the hauling of hazardous material in sealed containers.

SUMMARY: Clarifies when a structural evaluation is required for an overweight vehicle, removes requirement for flag and warning light for loads under 80 feet, removes restriction on hauling hazardous material, provided it is in a sealed container, allows for suspension or revocation of permits placed out of service by Federal Motor Carrier Safety Administration.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The rule does not increase permit fees and reduces regulatory requirements.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 316.515, 316.550, 334.044(2) FS.

LAW IMPLEMENTED: 316.228, 316.515, 316.516, 316.535, 316.550, 316.565, 334.044(27) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Susan Schwartz, Assistant General Counsel, Florida Department of Transportation, 605 Suwannee Street, Tallahassee, Florida 32399-0458, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

14-26.00411 Procedure for Issuance of Permits.

(1) through (4) No change.

(5) No movement shall be made under any permit until the route has been surveyed to verify that the route can accommodate the vehicle and load. The Department is responsible for verifying the load carrying capacity of the route (bridges and similar load bearing structures). The applicant is responsible for verifying adequate vertical (height) and horizontal (length and width) clearance. Vehicles and loads with a height greater than 18 feet shall be surveyed by a qualified escort, as described in this rule chapter prior to any movement. Surveying a route prior to movement of the load does not exempt the hauler from being required to obtain a permit prior to any movement. Applications for vehicles and loads with a height greater than 18 feet and/or width greater than 22 feet shall be supported by a survey letter from the hauler. The survey letter must be on the hauler’s letterhead and include a signed statement verifying that the route has been surveyed, and that clearances exceed the requested permitted dimension by a minimum of 6 inches for height and 2 feet on each side for width. The survey letter must be maintained with the load during movement and produced to law enforcement and weight inspectors upon request. The surveyed route and the route shown on the application must be identical.

(6) Structural Evaluation. In addition to the information required for issuance of a permit, a schematic of the vehicle showing all longitudinal and transverse spacings, axle weights and dimensions must be provided at least ten business days before a proposed move when any axle exceeds 30,000 pounds, or when the vehicle’s gross weight is exceeds 300,000 pounds or more. so that a structural analysis can be performed. Applicants, whose vehicles gross vehicle weight is less than 300,000 pounds, will be required to provide a schematic as well when an Engineer of the Office of Maintenance, Bridge Section, determines that a structural analysis is needed.

Rulemaking Authority 316.550, 334.044(2) FS. Law Implemented 316.515, 316.535, 316.550 FS. History–New 8-26-82, Formerly 14-26.06, Amended 9-15-87, 7-21-91, 6-23-96, 11-10-98, Formerly 14-26.006, Amended 2-1-10, 10-4-10, 2-5-13, 8-23-16,                        .

 

14-26.012 Movement Conditions and Restrictions.

(1) through (8) No change.

(9) Length Limitations.

(a) through (b) No change.

(c) Self-Propelled Equipment Length Limitations. When the criteria of Rule 14-26.00425, F.A.C., are met, trip or multi-trip permits shall be issued. For all self-propelled equipment, the boom must be fully retracted. Nighttime movement requires that the front overhang has a minimum of 80 inches clearance above the roadway. In addition, no movement is allowed on limited access facilities with units designed for off road use. Flags and one warning light are required. In addition the following restrictions will apply:

1. No change.

2. Total Length over 80 feet. Movement is permitted daytime hours only, excluding weekends and holidays. Flags and warning signs are required. A warning light is required to be mounted at the extreme end of the protrusion in such a way as to be seen by all approaching traffic.

(10) No change.

(11) Designated Permits.

(a) through (b) No change.

(c) Semi-trailers with a kingpin greater than 41 53 feet and a trailer length up to 57 feet 6 inches in length may haul a divisible load when operating in a truck tractor semi-trailer combination with a valid trip or multi-trip permit.

(d) Truck tractor semi-trailer combinations hauling automobiles or boats may obtain a trip or multi-trip permit, regardless of trailer length, when the overall length does not to exceed 80 feet excluding overhang. This applies to both stinger and non-stinger steered vehicles.

(e) through (g) No change.

(12) No change.

Rulemaking Authority 316.515, 316.550, 334.044(2) FS. Law Implemented 316.228, 316.515, 316.550, 334.044(28) FS. History–New 8-26-82, Amended 12-6-83, Formerly 14-26.12, Amended 9-15-87, 5-2-90, 7-21-91, 6-23-96, 11-10-98, 2-1-10, 10-4-10, 2-5-13, 8-23-16, _____________.

 

14-26.01311 Permits to Move Sealed Containerized Loads.

(1) Definitions. For the purposes of this rule:

(a) In accordance with Section 316.302(4), F.S., “Hazardous waste” or “hazardous materials” means as defined in Title 49 C.F.R., Part 171, Subpart A, Sec 171.8.

(a)(b) A “Sealed Containerized Load” means a freight container with or without wheels, as defined in Title 49 C.F.R., Part 59, Sec 5901(4), Rev. 2008, incorporated herein by reference, available at https://www.flrules.org/Gateway/reference.asp?No=Ref-02204.

(b)(c) “Destination point” means the location where the packer’s seal, law enforcement seal, or U.S. Customs’ seal is broken.

(c)(d) “Point of origin” means the location where the packer’s seal is affixed.

(2) General. Sealed containerized loads being moved via a truck or trucks and rail in conjunction with a maritime shipment will be considered a “nondivisible” load, eligible for an overweight or overdimensional permit, when the following conditions are met:

(a) The sealed containerized load does not transport hazardous waste or hazardous materials which require placarding per Title 49, C.F.R., Part 172, Subpart F, as required by Section 316.302, F.S.;

(a)(b) The sealed containerized load is being moved by a vehicle qualified to do so under the provisions of this rule:

1. From a maritime port to the destination point; or

2. From a maritime port to a railroad facility for movement to the destination point; or

3. From the point of origin to a maritime port; or

4. From the point of origin to a railroad facility for movement to a maritime port; and

(b)(c) The sealed containerized load retains the original unbroken seal from its point of origin, a seal placed by law enforcement, or a replacement U.S. Customs’ seal throughout its transit until reaching its destination point.

(3) Required On-Board Documents.

(a) The operators of vehicles transporting sealed containerized loads by permits issued pursuant to this rule shall at all times have on board and make available for inspection a hard copy of at least one of the following documents under their control and available for inspection:

1. A short form master bill of lading;

2. A copy of an electronically transmitted way bill; or

3. A completed U.S. Customs Service Authority to move (Form 75-12) valid for the permitted load.

(b) The document(s) in paragraph (a) shall include the following readily identifiable information:

1. Consignor;

2. Point of origin;

3. Consignee;

4. Point of destination; and

5. Either the number of the packer’s cargo seal or the number of the U.S. Customs seal; and

6. A statement that the load being transported does not contain any hazardous waste or hazardous materials which require placarding per Title 49, C.F.R. Part 172, Subpart F.

(c) The document(s) in paragraph (a) shall be in the form of a hard copy.

(4) No Straight Trucks. Because of the nature of the load to be carried and the potential for increased wear to the highway from vehicles so loaded, no straight truck, as defined in Section 316.003(70), F.S., shall be eligible for a permit to haul sealed containerized loads.

(5) Trip or Multi-Trip Permits. When applying for a trip or multi-trip permit to transport sealed containerized loads, the hauler must submit an application in accordance with Rule 14-26.00411(4), F.A.C., and furnish all relevant details on the proposed move to the Department’s Permit Office. At a minimum, this shall include:

(a) Maximum gross weight of the vehicle and load;

(b) through (f) No change.

(6) through (9) No change.

Rulemaking Authority 316.550, 334.044(2) FS. Law Implemented 316.535, 316.550, 334.044(27) FS. History–New 9-14-93, Amended 6-23-96, 2-1-10, 10-4-10, 2-5-13,                                        .

 

14-26.014 Non-Compliance.

(1) Suspension or revocation of permits.

(a) The Department will suspend or revoke a multi-trip or trip permit for a specified period of time for the following:

1. through 6. No change.

7. The company has been placed out-of-service based upon a compliance review performed by Florida Highway Patrol or Federal Motor Carrier Safety Administration.

8. No change.

(2) No change.

Rulemaking Authority 316.550, 334.044(2) FS. Law Implemented 316.550 FS. History–New 8-26-82, Amended 12-6-82, 3-18-84, Formerly 14-26.14, Amended 9-15-87, 4-22-92, 6-23-96, 1-17-99, 2-1-10, 8-23-16,                      .

 

14-26.015 Penalties.

(1) No change.

(2) Null and Void Criteria. Any vehicle found to be operating under one or more of the following conditions shall be determined to be out of conformity with the provisions of the permit, in which case the vehicle is considered to be in non-compliance and the permit will be declared to be null and void for that vehicle for that trip. Penalties will be assessed as provided in Sections 316.516 and 316.545, F.S., and the vehicle must remain until the load is brought into compliance or a valid permit is obtained.

(a) through (g) No change.

(h) The tires on the vehicle are smaller than those specified on the permit. Penalty to be assessed for weight only.

(h)(i) The vehicle has an outer-bridge dimension which is less than the minimum specified on the permit. Penalty to be assessed for weight only.

(i)(j) The vehicle is being operated under a multi-trip permit and the permit is not accompanied by the required attachments described in the permit. Penalty to be assessed based upon the nature of the violation (weight or size).

(j)(k) The hauler does not produce a survey letter for height as described in subsection 14-26.00411(5)(4), F.A.C., when requested by law enforcement or a weight inspector. Penalty to be assessed for size only.

(k)(l) The vehicle does not have a valid restricted tag or is not registered for 80,000 pounds gross vehicle weight when transporting an oversized/overweight load. Penalty to be assessed for weight only.

(l)(m) The vehicle permitted for operation with a natural gas fueling system, is being operated without certification of the weight difference between the natural gas fueling system and a comparable diesel fueling system. Penalty to be assessed for weight only.

Rulemaking Authority 316.550, 334.044(2) FS. Law Implemented 316.516(4), 316.550(8), (10) FS. History–New 6-23-96, Amended 11-10-98, 2-1-10, 10-4-10, 2-5-13, 8-23-16,                    .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Rudy Powell, State Maintenance Engineer

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jim Boxold, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 4, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 23, 2016