To address permitting of longer combination vehicles within the Everglades Agricultural Area as authorized by Chapter 2019-149, s.4, Laws of Florida (Section 316.5501, F.S.).

 

DEPARTMENT OF TRANSPORTATION

RULE NO.:RULE TITLE:

14-26.00435Everglades Agricultural Area Tandems

PURPOSE AND EFFECT: To address permitting of longer combination vehicles within the Everglades Agricultural Area as authorized by Chapter 2019-149, s.4, Laws of Florida (Section 316.5501, F.S.).

SUMMARY: The proposed rule addresses the requirements for permitting of longer combination vehicles within the Everglades Agricultural Area.

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 is not anticipated to impose increased costs for compliance.

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: 316.550(6), 334.044(2), FS.

LAW IMPLEMENTED: 316.302, 316.515, 316.535, 316.550, 316.5501, 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: Denise Johnson, Deputy General Counsel, Florida Department of Transportation, 605 Suwannee Street, MS 58, Tallahassee, Florida 32399-0458, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

14-26.00435 Everglades Agricultural Area Tandems.

Everglades Agricultural Area tandems comprised of any combination of truck tractor, as defined in section 316.003(100), F.S., semitrailer, as defined in section 316.003(75), F.S., and trailer, as defined in section 316.003(96), F.S., coupled together so as to operate as a single unit in which the semitrailer and the trailer unit are each between 28 and 48 feet in length, being used for the primary purpose of transporting farm products, as defined in section 823.14(3)(c), F.S., will be permitted to operate within the Everglades Agricultural Area as described in section 373.4592(15), F.S., and identified in the Everglades Agricultural Area Map incorporated herein at: http://www.flrules.org/Gateway/reference.asp?No=Ref-12097, subject to the provisions of this rule chapter and the following requirements:

(1) Permit.

(a) A Request for Special Road Use Oversize/Overweight Permit Application must be submitted in accordance with Rule 14-26.00411(4), F.A.C., for a Route Specific Multi-Trip Blanket Permit. 

(b) Permits are not renewed. An application, which is subject to review and approval, must be submitted every 3 months for new permits. 

(c) The permit must be maintained in the truck tractor at all times during tandem operation and provided to the Florida Highway Patrol or any other local law enforcement agency upon request.  

(d) Only truck tractor, semi-trailer, and trailer combinations are allowed.

(2) Designated Route.

(a) Travel is limited to within the identified Everglades Agricultural Area, not to exceed a radius of 60 miles of the loading point.

(b) The applicant must specify the route that will be used and include an analysis of the route conducted by a Professional Engineer licensed in the State of Florida, which analysis must be signed and sealed.

(c) The analysis must include a:

(1) Diagram of the route,

(2) Vehicle configuration,

(3) Verification that horizontal and longitudinal clearances exist,

(4) Route Analysis must show access on public roads and streets that have not been restricted from tandem trailer truck operations in accordance with section 316.515, F.S.

(5) Route Analysis must include determination of safe and unimpeded operations at all route intersections (Signalized and Unsignalized),

(6) Everglades Agricultural Area tandems must meet the Minimum Turning Path for Double-Trailer Combination (WB-109D) as defined by American Association of State Highway and Transportation Officials (AASHTO) Design Vehicle Standards and contained in AASHTO’s A Policy on Geometric Design of Highways and Streets (Green Book). AASHTO’s A Policy on Geometric Design of Highways and Streets, 7th Edition (2018), is hereby incorporated by reference and made part of this rule. A copy of the Green Book may be ordered from the AASHTO Bookstore website: https://bookstore.transportation.org. A copy is available for public inspection during regular business hours at the Florida Department of Transportation, Office of Maintenance, 605 Suwannee Street, Tallahassee, Florida 32399, [phone]. Posting of the preceding material on the internet for purposes of public examination would violate federal copyright law.

(7) Everglades Agricultural Area tandems shall not use intersection turning lanes along the route that are shown to be less than the total length of the combined transport unit.

(8) The analysis must be signed and sealed by a Professional Engineer, certifying that the route can safely accommodate the vehicle configuration for both length (state and local network) and weight (local bridges only).

(d) For travel on local roadways, the applicant must submit a letter or other documentation from the local entity having jurisdiction over the roadway authorizing travel on the roadway.

(3) Prohibited routes.

(a) No travel, except for direct crossing over, is permitted on roadways on the National Network as found in 23 CFR Part 658.

(b) Routes will not include local roadways that prohibit truck traffic. 

(c) No daytime travel will be permitted within designated school zones.

(4) Driver Requirements.

(a) All drivers of Everglades Agricultural Area tandems must comply with the regulations in accordance with section 316.302, F.S., unless specifically excluded under the provisions of this rule chapter.

(b) All drivers of Everglades Agricultural Area tandems must have a current Commercial Driver’s License (CDL) with an endorsement for double trailers consistent with the provisions of section 322.57, F.S.

(c) Due to the experience needed and the difficulty handling Everglades Agricultural Area tandems, the driver exemptions for farm vehicle drivers provided in section 316.302(2)(3), F.S., shall not apply to drivers of Everglades Agricultural Area tandems.

(d) All drivers of Everglades Agricultural Area tandems must be properly trained and certified to operate a Longer Combination Vehicle in accordance with 49 CFR Parts 380 and 391.

(e) All drivers of Everglades Agricultural Area tandems must have a minimum of five years of experience driving truck tractor, semi-trailer, and trailer combinations.

(f) A driver of an Everglades Agricultural Area tandem must have had no suspension or revocation of driving privileges in any state or province during the past three years where such suspension arose out of operations of a commercial motor vehicle.

(5) Overall Length, Height, and Width.

(a) The overall cargo carrying length of Everglades Agricultural Area tandems measured from the front of the first trailer to the rear of the second trailer, including the interval between the two trailers, shall not exceed 106 feet.

(b) The Everglades Agricultural Area tandems shall not exceed 13 feet 6 inches in height or 8 feet 6 inches in width.

(6) Weight and Axle Requirements.

(a) All overweight rules of section 316.535, F.S., shall apply to Everglades Agricultural Area tandems unless specifically excluded under the provisions of this rule chapter.

(b)The maximum weight on any axle shall not exceed 22,000 pounds.

(c) The maximum gross weight of the truck tractor and first trailer shall not exceed 88,000 pounds.   

(d) The maximum gross weight of the dolly and second trailer shall not exceed the lesser of:

1. 67,000 pounds, or

2. The weight provisions of the State’s outer bridge formula set forth in section 316.535(5), F.S., as measured between the center of the foremost axle of the dolly and the rearmost axle of the second trailer.

(e) Maximum gross weight shall not exceed 155,000 pounds.

(f) A minimum of five load bearing axles are required unless stated otherwise in a valid Everglades Agricultural Area tandem permit issued by the Department.

(g) The applicant must identify the total number of axles, the distance between each axle, and total weight on each axle as part of the application.

(7) Truck Tractor Requirements.

(a) A truck tractor used to haul trailers in an Everglades Agricultural Area tandem trailer configuration shall be capable of hauling the maximum gross weight authorized by the permit.

(b) A vehicle that has been placed out-of-service based upon an inspection of the vehicle pursuant to section 316.302, F.S., will have its permit suspended or revoked, in accordance with Rule 14-26.014(1)(a)1., F.A.C., until the out-of-service condition is corrected.

(8) Brake Requirements.

(a) Every Everglades Agricultural Area tandem shall be equipped with full air brakes on the tractor and air brakes on the dolly and trailers. All brakes shall equal or exceed both the equipment requirements and the performance standards cited in chapter 316, F.S.

(b) The brakes on any vehicle or combination of vehicles, used in Everglades Agricultural Area tandem operations shall be adequate to control the movement of, and to stop and hold, such vehicle, or combination of vehicles, and meet the general requirements of the provisions of the Florida Uniform Traffic Control Law and section 316.262, F.S.

(9) Converter Dolly Requirements.

(a) A converter (fifth-wheel) dolly used in Everglades Agricultural Area tandem operations may have either a single or a double axle, according to its total gross weight. In addition to the tow bar(s), the dolly vehicle must be equipped with safety chains or cables for connecting the dolly to the trailer and adequate to prevent breakaway.

(b) When the distance between the rear of the first trailer and the front of the second trailer is 10 feet or more, the dolly shall be equipped with a device, or the trailers shall be connected along the sides with suitable material to alert other motorists that the trailers are connected and are in effect one unit.

(10) Inspection by Driver.

(a) After all the component vehicles in an Everglades Agricultural Area tandem combination are completely hooked up and prior to the departure of the unit from the assembly area, the driver or a mechanic shall inspect the tandem unit to ensure that each item is in proper operating condition.

(11) Coupling Devices/Hitch Connections.

(a) Vehicles in an Everglades Agricultural Area tandem combination shall be designed, constructed, and connected as to ensure that shifting or swerving from side to side will not exceed two inches to each side of the path of the towing vehicle when it is moving in a straight line.

(b) All coupling devices/hitch connections shall be of a no-slack type which must be visible and operating. All drawbars, pickup plates, and fifth wheels must be rated to exceed the weight carried. Any kingpin must be rated to exceed the weight carried. Any kingpin must be solid and must be permanently fastened.

(12) Operations under Hazardous Conditions.

(a) Drivers of Everglades Agricultural Area tandems shall exercise extreme caution and reduce speed when hazardous conditions exist, such as fog, smoke, dust, mist, or rain.

(b) The Florida Highway Patrol, or any other local law enforcement agency, may restrict or prohibit operations during periods when traffic, weather, or other safety conditions make such operations unsafe or inadvisable.

(13) Permittee Responsibility.

(a) The permittee is responsible for any vehicle operating with an Everglades Agricultural Area 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; including ensuring all commercial motor vehicles used in Everglades Agricultural Area tandem combinations are annually inspected in accordance with 49 CFR Part 396;

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

4. Ensuring all documentation is maintained and available for review when requested by law enforcement; and

5. Ensuring that the driver has proof of training/certification, for Longer Combination Vehicles, to be presented to law enforcement if vehicle is stopped for inspection.

(14) Sunset.

The provisions of this rule chapter shall automatically expire on January 1, 2025, unless the Everglades Agricultural Area tandems permitting program is reauthorized by the Legislature in accordance with section 316.5501(2), F.S.

Rulemaking Authority 316.550(6), 334.044(2), F.S. Law Implemented 316.302, 316.515, 316.535, 316.550, 316.5501, F.S. History-New_____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Paul Clark, Statewide Scale Operations Manager, Motor Carrier Size and Weight Program

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Secretary Kevin Thibault, P.E.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 30, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 4, 2019