To update rules for turnpike tandems.

 

DEPARTMENT OF TRANSPORTATION

RULE NO.:RULE TITLE:

14-61.0016Turnpike Tandem Access

PURPOSE AND EFFECT: To update rules for turnpike tandems.

SUMMARY: Provides a single form in place of multiple forms for turnpike-tandem operators. Allows turnpike-tandem operators to receive a separate permit to travel on state roads up to 15 miles off the turnpike system to and from designated areas without decoupling.

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: regulatory costs have been reduced by consolidation of the forms and allowance for off-turnpike travel.

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(12), 316.611 316.550(6), 334.044(2), 334.044(14), 338.2216(1)(b), 338.239 FS.

LAW IMPLEMENTED: 316.515, 316.550, 316.646, 321.05, 324.171, 334.044(14), 334.044(32), 338.2216(1)(a)(b) 338.22-.244, 338.239(2),F.S.

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, Department of Transportation, 605 Suwannee Street, Tallahassee, Fl 32399, [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

Substantial rewording of Rule 14-61.0016 follows.  See Florida Administrative Code for present text.

14-61.0016 Turnpike Tandem Access.

The Turnpike Enterprise will allow Turnpike Tandems access to the Turnpike System, consistent with the provisions specified herein:

(1) Size, Weight, and Safety Enforcement.

(a) The Turnpike Enterprise, the Florida Highway Patrol, or their respective staffs are authorized to inspect all equipment used in the tandem operation and to reject any defective equipment.

(b) The Florida Highway Patrol has primary responsibility for enforcing the State’s general traffic safety on the Turnpike System and for enforcing commercial vehicle size, weight, and safety laws and rules on the Turnpike System.

(2) Turnpike Tandem Permits and Certifications.

(a) The Turnpike Enterprise is responsible for issuing Turnpike Tandem Permits and Certifications.

(b) The permittee is responsible for any vehicle operating with a Turnpike Tandem Permit and other certifications and for complete compliance with all terms of the permit and certification, including:

1. Ensuring that the driver is qualified to operate the vehicle and understands the terms and conditions of the permit, certifications, and the provisions of this rule chapter.

2. Ensuring that the vehicle is inspected and maintained in a safe and reliable condition; and,

3. Ensuring that the vehicle operates in conformity with the permit, certifications, and the provisions of this rule chapter.

(c) Turnpike Tandem Permits are issued for the Turnpike System only. Travel is not authorized on the Interstate Highway System.  Travel on the local network must be coordinated with and authorized by the local authorities. When approved by a Route Specific Blanket Permit issued pursuant to Rule Chapter 14-26, F.A.C., a Turnpike Tandem is authorized to travel onto and off the Turnpike when traveling on state roadways within 15 travel miles of the Turnpike to and from designated staging areas, intermodal logistics centers as defined in section 311.101, F.S., and seaports listed in section 311.09(1), F.S. Route Specific Blanket Permit applications for Turnpike Tandems to travel on a state roadway off the Turnpike System must be supported by an analysis of the route conducted by Professional Engineer licensed in the State of Florida.  The analysis must include a diagram of the vehicle configuration, route and turning radiuses and must be signed and sealed by a Professional Engineer, certifying that the route can safely accommodate the vehicle configuration. The Department’s Road Use Permit Office will be responsible for verifying the load carrying capacity of the route.  Route Specific Blanket permits issued pursuant to this subsection and rule 14-26, F.A.C., shall be valid for 3 months at a cost of $63.00 each.  

(3) Original Application. To operate Turnpike Tandems on the Turnpike System, complete Form Number 800-040-01, General Certification Covering Turnpike Tandem Operations, 9/18, incorporated herein by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-09957 and available at www.fdot.gov/procedures/forms.shtm and submit to: Florida Turnpike Enterprise, Fleet Manager, Pompano Service Area, M.P. 65, Post Office Box 9828, Fort Lauderdale, Florida 33310-9828 or by email to: [e-mail].

(4) All tractors, trailers, and dollys must be approved and certified by the Turnpike Enterprise before operating under a Turnpike Tandem Permit. Certification will be withdrawn by the Turnpike Enterprise when it determines that there is a material inconsistency between the provisions of the certification and the equipment in question, or that the continued operation on the Turnpike System would constitute an unsafe operation.

(5) Identification Numbers and Certification.

(a) An identification number will be issued by the Turnpike Enterprise. A decal displaying the identification number must be purchased by the permittee and shall be placed on the left side of each tractor, trailer, and dolly approved for use in tandem trailer operations. The numerals must be white on green background; at least three inches in height; and, must be visible to a person standing at ground level.

(b) The permittee must include a description of the tractor, all trailers and dollys on Form 800-040-01 certification. Upon review and approval by the Department, this certification shall be carried in the cab of the tractor which it describes. A Tractor certification authorizes only the vehicle described therein and shall be made available at any time for inspection by the Turnpike Enterprise, Florida Highway Patrol, or their respective staffs. Any discrepancy between the description on the certification and the actual description of the vehicle will result in the withdrawal of approval.

(6) Renewal of Certification. Turnpike Tandem certifications are effective September 1st of each year, through August 31st of the following year. To allow for continuous use, the Department recommends submittal of Form 800-040-01 no later than August 1 of each year. The Florida Turnpike Enterprise does not provide notification of certification expiration.

(7) Responsibility of Permittee.

(a) Each certificate to operate Turnpike Tandems shall be valid only when the permittee has public liability insurance maintained in accordance with section 627.7415, F.S.

(b) Such public liability insurance certificate shall explicitly state that the Turnpike Tandem operations of the permittee are expressly covered under the policy(ies) in effect, or in the alternative, that there is no exclusion in said policy relative to Turnpike Tandem operations by the permittee. Such certificate shall also provide that the coverage under the policy may not be canceled without 30 days prior notice, in writing, to the Executive Director of the Florida Turnpike Enterprise. In the event of cancellation of such public liability insurance policy, every Turnpike Tandem Permit and certification covered by that certificate shall be automatically cancelled.

(c) Certificates of self-insurance issued by the Florida Department of Highway Safety and Motor Vehicles will be accepted in fulfillment of the insurance requirements stated herein, providing such certificates satisfy all the requirements of section 627.7415, F.S.

(d) Description of coverage shall include: Public liability arising in respect to all movement of tandem trailer units. This includes service trucks, wreckers, or any other vehicles used in the service of the tandem trailer operation, by the Permittee or by anyone acting by, through, or for the permitee, including omissions and supervisory acts of the Turnpike Enterprise, the Florida Highway Patrol, and each of their respective officers, agents, or employees.

Rulemaking Authority 316.515(12), 316.611 316.550(6), 334.044(2), 334.044(14), 338.2216(1)(b), 338.239 FS. Law Implemented 316.515, 316.550, 316.646, 321.05, 324.171, 334.044(14), 334.044(32), 338.2216(1)(a)(b) 338.22-.244, 338.239(2) FS. History–New 11-5-09, Amended                 .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Debbie Meyer, Florida Turnpike Engineer of Maintenance Operations.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mike Dew, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 12, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 9, 2018