Definitions and Terms, Procedure for Issuance of Permits, Movement Conditions and Restrictions, Non-Compliance, Penalties
RULE NOS.:RULE TITLES:
14-26.0041Definitions and Terms
14-26.00411Procedure for Issuance of Permits
14-26.012Movement Conditions and Restrictions
14-26.014Non-Compliance
14-26.015Penalties
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 42 No. 64, April 1, 2016 issue of the Florida Administrative Register.
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) “Divisible Load” means a load which exceeds the legal weight, length, width or height limits established in 316.515, F.S. and 316.535, F.S. which can be dismantled using appropriate equipment without destroying the value or compromising the intended use of the load.
(3) through (24) renumbered as (4) through (25) 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.
(26) through (33) No change.
Rulemaking Authority 316.550(6)(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) through (3) No change.
(4) Permitting Process. Payment for permits shall be in cash, by cashier’s check, personal or company check, money order, or credit card. 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. 6/16 7/10 incorporated herein at , or complete an online Application at www.fdotmaint.com/permit, 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.
(5) through (6) No change.
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, .
14-26.012 Movement Conditions and Restrictions.
(1) through (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 for maintaining verbal communication of communicating with the driver of the permitted load at all times during movements.
2. One 5 pound Class ABC fire extinguisher, minimum 5 pounds.
3. through 8. No change.
(4) Escort Functions. Escorts are required to watch and direct traffic or the load to ensure public safety. Escorts may, when actively escorting permitted loads, perform necessary traffic control functions as defined in Section 316.079(2), F.S. No escort or escort vehicle may be used to perform any other function that could distract from the escort responsibilities. The total number of escorts required will be determined based upon safety considerations. If one escort is required for an over width load, the escort shall precede the load on two lane highways or follow the load on four lane divided highways. If two escorts are required, one must precede the load and one must follow. If the load is over length only, the escort vehicle shall be in the rear of the load at all times. Escorts shall operate no more than 300 feet in front of or behind the load unless road conditions or permit stipulations dictate otherwise. Escorts equipped with a vertical height indicator must precede the load at a distance which allows the permitted vehicle to take evasive action when approaching overhead obstructions. Escort vehicles in the process of escorting a permitted vehicle or load must proceed through weigh stations and must not bypass such stations. The Permittee is responsible for providing the escort with a copy of the permit prior to the move.
(5) No change.
(6) All vehicles, including vehicles equipped with an automatic vehicle identification system, must stop at open weigh stations. Vehicles operating under an internal (inner) bridge permit may bypass an open weigh station when a Department approved electronic credentialing device instructs the vehicle to proceed.
(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 4. No change.
(d) Vehicles over 14 Feet up to 16 Feet. When the criteria of Rule 14-26.00425, F.A.C., are met, trip permits only shall be issued. Movement is permitted 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. Two qualified escorts are required at all times during the move, one in the front and one in the rear of the load.
1. through 5. No change.
(8) Height Limitations.
(a) Vehicles up to 14 Feet 6 Inches. When the criteria of Rule 14-26.00425, F.A.C., are met, trip or multi-trip permits shall be issued. Movement is permitted all days and all hours. Except for local moves, this is the maximum height for loads hauled on straight trucks.
(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 at a distance which allows the permitted vehicle to take evasive actions when approaching overhead obstructions. 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. 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. One qualified escort with a vertical height indicator must precede the load when travelling on a limited access facility.
1.2. One law enforcement escort in addition to one qualified escort is required when travelling on state maintained roadways (excluding limited access facilities). The qualified escort must precede the load with a vertical height indicator at a distance which allows the permitted vehicle to take evasive actions when approaching overhead obstructions.
2.3. Appropriate utility personnel will also be required whenever the load will encounter low barriers such as overhead structures, traffic signals, and low wires.
(9) through (10) No change.
(11) Designated Permits.
(a) through (d) No change.
(e) Truck tractor semi-trailer combinations hauling boats may obtain a trip or multi-trip permit, regardless of trailer length, when the overall length does not exceed 80 feet excluding overhang. This applies to both stinger and non-stinger steered vehicles.
(f)(e) Straight truck and trailer combinations hauling automobiles/boat may obtain a trip or multi-trip permit when the trailer exceeds 28 feet with an overall length does not to exceed 80 feet including. No overhang is allowed.
(g)(f) Trip or multi-trip permits will be issued to truck tractor semi-trailer combinations to deviate from inner-bridge requirements when traveling on interstate highways and when the criteria of Rule 14-26.00425, F.A.C., are met. These vehicles are not allowed to exceed the external bridge or axle weight limitations described in Section 316.535, F.S.
(h) Multi-trip permits will be issued for vehicles operating with a natural gas fueling system. These permits will be valid for 36 months and the hauler is responsible for producing a certification displaying the difference in weight between the natural gas fueling system and a comparable diesel fueling system when requested by law enforcement.
(12) No change.
Rulemaking Authority 316.515, 316.550, 334.044(2) FS. Law Implemented 316.228, 316.515, 316.550, 334.044(28)(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 or revoke a multi-trip or trip permit for a specified period of time for or revoke a multi-trip or trip permit. Good cause shall include, but is not limited to the following:
1. through 5. No change.
6. The permittee fails to pay fees/penalties owed to the Department of Transportation, the Department of Highway Safety and Motor Vehciles or their its agent(s).
(2) Denial of future permits.
In addition to a suspension or revocation of a multi-trip or trip current permit for good cause as set forth in subsection (1) of this rule, the Department, for good cause, as defined by paragraph (1)(a) of this rule, will deny issuance of future permits as follows:
(a) First Written warning
(b) Second 30 Days
(c) Third 90 Days
(d) Fourth 12 Months
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 (c) No change.
(d) A vehicle operated with a valid permit which vehicle violates an operational or safety provision contained in the permit, will be assessed a penalty of $100.00 per safety violation (lights, flags, signs, etc.) and $250.00 per absent escort, except that the total penalty for the vehicle shall not exceed $1,000.00.
(e) No change. A vehicle operated with a valid permit which violates daytime, nighttime, or restricted hours of travel restrictions shown on the permit, which violates weekend and holiday travel restrictions shown on the permit, or which violates the restrictions against movement during periods of poor visibility, will be assessed a penalty of $1,000.00 and the vehicle will be parked at owner’s expense and responsibility until the next authorized travel period.
(f) The vehicle or load strikes a bridge with or without a valid permit. The Permittee will be held liable for damages.
(f)(g) Any vehicle operating on an oversize/overweight permit (excluding inner bridge permits) which bypasses an open weigh station will be assessed a penalty of $1,000.00.
(g) Any vehicle operating on a forged or altered permit will be assessed a penalty of $1,000.00 in addition to penalties assessed for size/weight violations.
(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 (i) No change.
(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).
(k) No change.
(l) The vehicle is not registered for 80,000 pounds GVW when transporting an oversized/overweight load. Penalty to be assessed for weight only.
(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(10)(6), (8) FS. History–New 6-23-96, Amended 11-10-98, 2-1-10, 10-4-10, 2-5-13,__________________.
