Permitting requirements for overweight and overdimensional vehicles are being amended to eliminate unnecessary permit consideration criteria, clarify provisions, and to provide a maximum trailer length for transporting manufactured buildings in ...

 

DEPARTMENT OF TRANSPORTATION

RULE NOS.:RULE TITLES:

14-26.0041Definitions and Terms

14-26.00411Procedure for Issuance of Permits

14-26.00425Criteria for Issuance of Permits

14-26.0043Multi-State Travel

14-26.008Schedule of Fees

14-26.012Movement Conditions and Restrictions

14-26.014Non-Compliance

14-26.015Penalties

PURPOSE AND EFFECT: Permitting requirements for overweight and overdimensional vehicles are being amended to eliminate unnecessary permit consideration criteria, clarify provisions, and to provide a maximum trailer length for transporting manufactured buildings in accordance with 2015-163, Laws of Florida.

SUMMARY: Allows for three month blanket permit on a single route, provides for structural evaluations based on axle weight or gross weight, reduces criteria used in evaluating permit requests, and provides penalties for striking a bridge, not having a survey letter available when required, and transporting an oversized load with a vehicle that is not registered for 80,000 pounds gross vehicle weight.

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:

 

14-26.0041 Definitions and Terms.

All terms in this rule chapter shall have the same meaning as defined in Section 316.003, F.S., except that “Department” shall refer to the Department of Transportation. Additionally, the following terms are defined:

(1) through (2) No change.

(3) “Escort” means a person authorized in the manner prescribed in subsection 14-26.012(2)(b)-(c)(3), F.A.C., to perform accompanying duties for overweight or overdimensional vehicles.

(4) through (8) No change

(9) “Governmental Entity” means as defined in Section 215.985(2)(c) 334.03, F.S.

(10) through (24) No change

(25) “Route Specific Blanket Permit” means authorization issued by the Department for multiple trips on a specified route only from point of origin to destination for a period not to exceed three months. 

(25) through (32) Renumbered as (26) through (33) No change.

Rulemaking Authority 316.550(5), 334.044(2) FS. Law Implemented 316.515, 316.550 FS. History–New 9-15-87, Amended 7-21-91, 6-23-96, 11-10-98, 2-1-10, 10-4-10, 2-5-13,             .

 

14-26.00411 Procedure for Issuance of Permits.

(1) Purpose. The purpose of this rule chapter is to protect the public safety, to reduce interference with traffic flow on state owned highways and structures, and to preserve the state’s transportation facilities by providing standards and procedures to govern issuance of permits for overweight and overdimensional vehicles and loads operating over state owned roadways and structures. Travel authorization and/or permits for travel on local roadways must be obtained from local authorities. The rules of this rule chapter apply to all persons or entities operating overweight and overdimensional vehicles and loads over state maintained roads, which are not specifically exempt under Chapter 316, F.S.

(2) No change.

(3) Administration. The administration of these rules is assigned to the Department’s Permit Office, located in Tallahassee, Florida, whose mailing address is:

Florida Department of Transportation

Permit Section

605 Suwannee Street, M.S. 62

Tallahassee, Florida 32399-0450

Travel authorization and/or permits for travel on local roadways and structures must be obtained from local authorities.

(4) Permitting Process. Payment for permits shall be in cash, by cashier’s check, personal or company check, money order, or credit card, or bond/escrow account. Permit requests must be received at least ten business days before scheduled movement for non-routine permits. The applicant must complete all fields on Form 850-040-02, Request for Special Road Use Oversize/Overweight Permit Application rev. 7/10 incorporated herein at                   , or complete an online Application at www.fdotmaint.com/permit, rev. 07/10, incorporated herein by reference and provide the following:

(a) through (g) No change.

(h) Requested route of travel containing detailed information including origin, destination, physical addresses, mile markers, or intersections. This applies to trip permit and route specific blanket permit applications only. Trip Applications for non-routine permits must also include detailed routing information, such as stops for rest areas, exit ramps, etc.

(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 15 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 signature a 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 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 exceeds 300,000 199,000 pounds so that a structural analysis can be performed. Applicants, whose vehicles have a gross vehicle weight is of less than 300,000 199,000 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,                .

 

14-26.00425 Criteria for Issuance of Permits.

(1) The Department shall consider the following criteria when evaluating permit requests and prescribing conditions limiting the use of said permit:

(a) Whether the load can be reasonably dismantled or disassembled;

(b) Protection of the motoring public from traffic hazards created by the movement of overweight and overdimensional vehicles or loads on state owned highways and structures;

(c) Prevention of undue delays in the normal flow of traffic;

(d) Prevention of damage to the highway pavement, facilities, and structures;

(e) Assistance needed for transportation problems involving excess size or weight;

(f) Whether vehicle(s) meet the Department’s established axle load and axle spacing requirements based upon structural analysis of the bridge structures to be crossed;

(g) The number of lanes, width of lanes, and the condition of the pavement to be traversed;

(h) The number, adequacy, and availability of access routes;

(i) The number and types of accidents and fatalities occurring on the roads of the proposed route;

(j) The shoulder conditions and widths on the proposed route;

(k) The average daily volume of traffic;

(l) The volume of traffic during peak periods;

(m) The number of traffic signals per mile;

(n) The frequency of necessary vehicular lane changes;

(o) The availability of emergency lanes;

(g)(p) Temporary conditions such as construction or impending adverse weather;

(q) through (u) relettered as (h) through (l) No change.

 

(2) Override Authority.

(a) No change.

(b) To obtain a permit for vehicles, or loads, or travel not specifically authorized in this rule chapter, an applicant must include, with the permit application, a letter of essentiality from a government entity or the ultimate recipient of an essential service, providing justification for issuance of a non-routine permit. The letter of essentiality must include a justification for granting override authority.  A letter from the hauler, distributor, or manufacturer will not be accepted. The letter must verify that the load has been reduced to the smallest size possible, cannot reasonably be shipped by any other means of transportation, and state why the move is essential in the interest of public safety, national defense or other extenuating circumstances.

(c) No change.

(d) Emergencies. Upon a Governor’s Declaration of Emergency, in order to allow response to the emergency, and after safety considerations, the Department may temporarily relieve vehicles of suspend certain permit restrictions by issuing an emergency permit letter.

Rulemaking Authority 316.550, 334.044(2) FS. Law Implemented 316.515, 316.550, 316.565, 334.044(27) FS. History–New 9-15-87, Amended 6-23-96, 11-10-98, Formerly 14-26.0051, Amended 2-1-10, 2-5-13,                    .

 

14-26.0043 Multi-State Travel.

Rulemaking Authority 316.550 FS. Law Implemented 316.550, 320.0104(2) FS. History–New 11-22-94, Amended 2-1-10, Repealed                .

 

14-26.008 Schedule of Fees.

The following schedule of fees shall be charged by the Department for permits for overweight and/or overdimensional vehicles operating on state owned roadways and bridges:

TABLE 1A – SCHEDULE OF FEES FOR OVERDIMENSION PERMITS
			TRIP PERMIT 7 Days			MULTI-TRIP 12 Months
(1) OVERDIMENSION
(a) Straight trucks and semi-truck-tractor-trailer.
Up to 12 feet wide, or up to 13 feet 6 inches high or up to 85 feet long.			$5.00			$20.00
Up to 14 feet wide or up to 14 feet 6 inches high or up to 95 feet long.			$15.00			$150.00
Up to 14 feet wide or up to 18 feet high or up to 120 feet long.			$25.00			$250.00
Over 14 feet wide or over 18 feet high or over 120 feet long.			$25.00			NOT ISSUED
(b) Overlength semi-trailers of legal width, height, and weight, which exceed 53 feet in length up to 57 feet 6 inches in length or overlength semi-trailer with kingpin setting greater than 41 feet.			$10.00			$30.00
(c) Truck crane or earth handling equipment moving under own power, up to 12 feet wide or 14 feet 6 inches high, or 85 feet long.			$15.00			$150.00
*(d) Trailers or equipment towed with ball or pintle.
*Up to 10 feet wide or up to 13 feet 6 inches high or up to 80 feet long.			$5.00			$20.00
*Up to 12 feet wide or up to 13 feet 6 inches high or up to 105 feet long.			$5.00			$330.00
*Up to 14 feet wide or up to 14 feet 6 inches high or up to 105 feet long.			$15.00			$500.00
Over 14 feet wide or over 14 feet 6 inches high or over 105 feet long.			$25.00			NOT ISSUED
NOTE: All permitted dimensions (length, height, width) must be within limits shown for permit fee.
TABLE 1B – SCHEDULE OF FEES FOR OVERWEIGHT VEHICLES
	TRIP PERMIT 7 Days			MULTI-TRIP 12 Months
(2) OVERWEIGHT
*(a) Up to 95,000 pounds.		$0.27 Per Mile			**$240.00
*(b) Up to 112,000 pounds.		$0.32 Per Mile			**$280.00
*(c) Up to 122,000 pounds.		$0.36 Per Mile			**$310.00
*(d) Up to 132,000 pounds.		$0.38 Per Mile			**$330.00
*(e) Up to 142,000 pounds.		$0.42 Per Mile			**$360.00
*(f) Up to 152,000 pounds.		$0.45 Per Mile			**$380.00
*(g) Up to 162,000 pounds.		$0.47 Per Mile			**$400.00
(h) Up to 199,000 pounds.		$0.003 Per 1,000 Pounds Per Mile			$500.00
(i) Over 199,000 pounds.		$0.003 Per 1,000 Pounds Per Mile			NOT ISSUED
(j) Containerized Cargo Unit.		$0.27 Per Mile			$500.00
(k) Overall Wheel Base (Inner Bridge/External Bridge).		$10.00			$35.00
(l) Implements of husbandry, farm equipment, agricultural trailers/products and forestry equipment (Local Moves Only).		$5.00			$17.00
(3) SPECIAL PERMIT FEES
Transmission Fee		$5.00			NOT APPLICABLE
*Dimensions greater than 12 feet wide or 13 feet 6 inches high or 85 feet long will have an additonal dimension fee with a combined fee of not to exceed $500.00. NOTE: For weights over 80,000 pounds [Items (2)(a) through (h) above], add an administrative cost of $3.33 for issuance of permit, which does not include the costs charged by wire services for their services. Permit fees shall be based on 25 mile increments rounded up to the nearest dollar. Example: A 112,000 pound load traveling 67.5 miles would cost (75 miles X $0.32) plus $3.33 = $27.33 rounded up to $28.00 in addition to the $5.00 transmission fee when applicable.

Rulemaking Authority 316.550, 334.044(2) FS. Law Implemented 316.550 FS. History–New 8-26-82, Formerly 14-26.01, Amended 12-6-83, Formerly 14-26.08, Amended 9-15-87, 7-21-91, 4-22-92, 3-1-94, 6-23-96, 11-10-98, 2-1-10, 10-4-10, 2-5-13,                 .

 

14-26.012 Movement Conditions and Restrictions.

(1) Operational use of permits. The configuration and weight(s) of a vehicle and its load traveling under permit must match the configuration and weight(s) described on the permit and any authorized amendments to that permit. For vehicles traveling under a trip permit, the vehicle or load must match either the truck tag number, trailer tag number, vehicle identification number, the bill of lading number, or the load identification number identified in the permit. An electronic version of a trip permit may be presented, if the trip permit is readily available and legible. Vehicles traveling under a multi-trip permit, the vehicle type and load must match the vehicle type and load described in the permit. Under both types of permits, Tthe permitted vehicle’s size, weight, number of axles, axle spacings, and any unique characteristics must comply with the limits for that item if addressed in the permit or any amendment to that permit. Trip permits are valid only for those routes specified in the permit. Multi-trip permit vehicles are not allowed to travel on any restricted bridges or any restricted roadways identified in the permit or its attachments. No vehicle may cross any posted bridge when the vehicle exceeds the prescribed limits of the bridge.

(2) No change.

(3) Escort Vehicle and Equipment Requirements for Qualified Escorts.

(a) No change.

(b) On Board Equipment. During escort operations, all escort vehicles shall have on board the following equipment and such equipment shall be in working order:

1. Operable two-way electronic communications. Qualified escorts must have a hands-free device and method of communicating with the driver of the permitted load be in radio contact with load drivers at all times during movements.

2. One 5 pound Class ABC fire extinguisher Two fire extinguishers (minimum five pounds each).

3. No change.

4. A high visibility, fluorescent flourescent class 2 safety vest for flagging during daytime hours or a high visibility, fluorescent class 3 safety vest when flagging at night.

5. through 8. No change. 

(4) through (6) No change

(7) Width Limitations.

(a) through (b) No change.

(c) Vehicles over 12 Feet up to 14 Feet. When the criteria of Rule 14-26.00425, F.A.C., are met, trip or multi-trip permits shall be issued. Movement is permitted during daytime hours only, excluding weekends and holidays. Flags, warning signs, and warning lights are required. Except for local moves, minimum 26,001 pound registered GVW vehicle is required. A minimum of one escort vehicle, with escort, is required at all times.

1. through 3. No change.

4. No movement will be allowed in congested areas during peak traffic hours unless specifically authorized by permit.

(d) through (e) No change.

(8) Height Limitations.

(a) No change.

(b) Vehicles over 14 Feet 6 Inches up to 16 Feet. When the criteria of Rule 14-26.00425, F.A.C., are met, trip or multi-trip permits shall be issued. Movement is permitted daytime hours only, excluding weekends and holidays. Flags, warning signs, and warning lights are required. A minimum of two warning lights are required; one mounted on the front and one on the rear of the load. An escort vehicle with a vertical height indicator is required to precede the load. Trip permit requests for movement of vehicles over 15 feet high will require an affidavit verifying the proposed route has clearance to accommodate the request height plus six inches.

(c) Vehicles over 16 Feet. When the criteria of Rule 14-26.00425, F.A.C., are met, trip or multi-trip permits shall be issued. Multi-trip permits shall be limited to vehicles up to 18 feet. Trip permit requests for movement of vehicles over 18 feet high will require an affidavit verifying the proposed route has clearance to accommodate the request height plus six inches. Movement is permitted during daytime hours only, excluding weekends and holidays.Flags, warning signs, and warning lights are required. A minimum of two warning lights are required with one mounted on the front and one on the rear of the load. In addition, movement is restricted to local moves only.

1. through 3. No change.

(9) Length Limitations.

(a) No change.

(b) Vehicles over 80 Feet. When the criteria of Rule 14-26.00425, F.A.C., are met, trip or multi-trip permits shall be issued. Movement is permitted during daytime hours only, excluding weekends and holidays. Flags, warning signs, and warning lights are required. A minimum of two warning lights are required to be mounted: one on the front and one on the rear of load.

1. No movement will be allowed in congested areas during peak traffic hours for vehicles over 85 feet in length unless specifically authorized by permit.

2. through 6. No change

7. Maximum length of multiple sections or single units of manufactured buildings on a trailer is 80 feet. 

(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. Nightime 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. Total length up to 80 60 Feet.

a. through b. No change.

2. Total Length over 80 60 Feet up to 85 Foot Maximum. Movement is permitted daytime hours only, excluding weekends and holidays. 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) Multiple Loading. When the criteria of Rule 14-26.00425, F.A.C., are met, trip or multi-trip permits shall be issued providing:

(a) through (b) No change.

(c) Vehicles will only be allowed to exceed the gross vehicle weight limits established in Section 316.535, F.S., when:

1. Attachments (e.g. blade, rake, bucket, counterweights) that are a normal part of the equipment have been removed to reduce the size of the load for safety reasons. A maximum of two Multiple attachments may be transported if they are attachable to the equipment and necessary for operation.

2. The gross vehicle weight does not exceed 100,000 pounds and no more than two overlength items are being hauled.

3. Operating under a divisible load permit.

(11) Designated Permits.

(a) No change.

(b) Movement of an empty truck tractor semi-trailer up to 11 feet in width and not over 105 feet in length, traveling on or within five miles of limited access roadways, when operating with an existing valid permit will be allowed to travel during nighttime hours. Warning lights, flags, signs, and escorts will be required as permit conditions based upon the dimensions of the load when traveling empty during nighttime hours are required to be mounted in such a way as to be seen by all approaching traffic. Extra axles and stingers may be hauled on the trailer to reduce overall dimensions for safety purposes.

(c) No change.

(d) Truck tractor semi-trailer combinations hauling automobiles/boats may obtain a trip or multi-trip permit when the semi-trailer is greater than 50 feet up to 53 feet with an overall length not to exceed 80 feet inclusive of any overhang. This applies to both stinger and non-stinger steered vehicles.

(e) through (f) renumbered as (d) through (e) 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(27) 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,                           .

 

14-26.014 Non-Compliance.

(1) Suspension or revocation of permits.

(a) The Department, for good cause, will suspend for a specified period of time or revoke a multi-trip or trip permit. Good cause shall include, but is not limited to 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 Motor Carrier Compliance.

8. The Department determines that continued operation under an existing valid permit poses a safety issue for state owned bridges or roadways.

(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,                    .

 

14-26.015 Penalties.

(1) Any vehicle in violation of any permit criteria, or operating without a permit where one is required, will be required to correct all offending irregularities or obtain a new permit based on the vehicle’s actual load prior to release of the vehicle. Additionally, the following penalties for violation of permit requirements will apply:

(a) through (e) No change.

(f) The vehicle or load strikes a bridge with or without a valid permit.  The Permittee will be held liable for damages.

(g)(f) Any vehicle which bypasses an open weigh station will be assessed a penalty of $1,000.00.

(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 size only.

(i) through (j) No change.

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

(l) The vehicle is not registered for 80,000 pounds gross vehicle weight when transporting an oversized/overweight load.

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

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Rudy Powell, Director, Office of Maintenance

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 31, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: N0vember 2, 2015