To update and consolidate rules for turnpike operations.

 

DEPARTMENT OF TRANSPORTATION

RULE NOS.:RULE TITLES:

14-61.0012Definitions

14-61.0015Prohibitions on the Turnpike System

14-61.0016Turnpike Tandem Access

14-61.0017Other Regulations

PURPOSE AND EFFECT: To update and consolidate rules for turnpike operations.

SUMMARY: Rules duplicative of state statute and federal law are eliminated in rule form. A single form replaces multiple forms for turnpike-tandem operators. All turnpike-tandem trailers must display the permit number by decal. Staging area use will be limited to turnpike-tandem operators. Turnpike-tandem operators can 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: the rule is expected to decrease the overall cost of regulation.

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)(14), 338.2216(1)(b), 338.235, 338.239, FS.

LAW IMPLEMENTED: 316.083, 316.090, 316.1001, 316.183, 316.515, 316.550, 316.646, 316.655, 321.05, 324.171, 334.044(14), 338.155, 338.22-.244, 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, 605 Suwannee Street, Tallahassee, Fl 32399, [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

PART I GENERAL PROVISIONS

14-61.0012 Definitions. Unless defined below, words, phrases, or terms contained herein shall have the definitions set forth in sections 316.003 and 338.221, Florida Statutes 316 and 338, F.S. As used in these rules and regulations, the following words, phrases, or terms shall have the following meanings, where context will permit:

(1) “Department” means the State of Florida Department of Transportation.

(2) “Turnpike System” means as defined in Section 338.221(6), F.S.

(3) “Turnpike Tandem” means any combination of truck tractor, semitrailer, and trailer combination coupled together so as to operate as a single unit, in which either the semitrailer or the trailer unit exceeds 28 feet in length but in which neither the semitrailer nor the trailer unit exceeds 48 feet in length and which are operated in compliance with Parts II or III of this rule chapter.

(4) “Turnpike Tandem Permit” means an authorization issued by the Turnpike Enterprise Department’s Road Use Permits Office for the specific and limited purpose of allowing combinations known as turnpike tandems to operate on the Turnpike System.

(5) “Tandem Trailer Truck” means as defined in Section 316.03(81), F.S.

Rulemaking Authority 334.044(2), 338.239 FS. Law Implemented 316.515, 338.239 FS. History–New 11-5-09, Amended____.

 

Substantial rewording of Rule 14-61.0015 follows.  See Florida Administrative Code for present text.

14-61.0015 Prohibitions on the Turnpike System.

(1) Operation of Vehicles. Vehicles using the Turnpike System must comply with State Uniform Traffic laws as described in Chapter 316, Florida Statutes, and this Rule Chapter.

(2)  Toll Collection.  Vehicles entering the Turnpike System will be assessed tolls in accordance with the toll rate schedule incorporated in Rule 14-15.0081, F.A.C.

(a) Entering or leaving the Turnpike System or any part of its right of way, except through the regular toll lanes (except in emergency cases at the direction of the Florida Highway Patrol or other law enforcement), or committing any other act with the intent to defraud or evade payment of tolls is prohibited. Enforcement of toll violations shall be in accordance with Rule Chapter 14-100, F.A.C., and all applicable toll enforcement statutes.

(b) The operator of a vehicle on the electronic toll collection portion of the Turnpike System who exits the electronic toll collection portion of the Turnpike System at the same toll station at which such vehicle entered the electronic toll collection portion of the Turnpike System, shall be charged the toll for the appropriate amount for the vehicle classification from the nearest legal U-turn point.

(3) Vehicles, including any load thereon, exceeding the maximum dimensions of Section 316.515, F.S., are prohibited except under a special hauling permit issued by the Department in accordance with Rule 14-26, Fla. Admin. Code, or a Turnpike Tandem Permit issued in accordance with this rule chapter.

(4) Vehicles carrying explosives are prohibited.

(5) Soliciting or Carrying on Commercial Activity. No person shall:

(a) Engage in any commercial activity on the Turnpike System without the written permission of, or unless under contract with, the Department or Turnpike Enterprise. Nor shall any person solicit business or funds for any purpose on the Turnpike System without written permission granted by the Department or Turnpike Enterprise. No person shall at any time or in any manner electioneer on any part of the Turnpike System for or against any party ticket or any candidate for nomination, or officer on any party ticket, or for or against any proposition of any kind or nature to be voted upon at any election.

(b) Post, distribute, or display signs, advertisements, circulars, printed or written matter on the Turnpike System without written permission from, or written contract with, the Department or Turnpike Enterprise.

(6) Speed Limits. All vehicles shall comply with the posted speed limit. No vehicles shall be operated on the Turnpike System less than 50 miles per hour, except where a lesser speed is posted, or when necessary to do so under the conditions of the road, inclement weather, or with regard to the actual and potential hazards then existing on the Turnpike System.

(7) Turnpike staging areas are for the exclusive use of Turnpike Tandems. Vehicles not being used in tandem trailer operation are subject to immediate removal at the owner’s expense.

Rulemaking Authority 334.044(2), 338.2216(1)(b), 338.235, 338.239 FS. Law Implemented 316.083, 316.090, 316.183, 316.655, 338.234, 338.237, 338.239 FS. History–New 11-5-09, Amended             .

 

PART II TURNPIKE TANDEMS

14-61.0016 Turnpike Tandem Access.

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

(1) Size, Weight, and Safety Enforcement.

(a) The Motor Carrier Compliance Office, the Turnpike Enterprise, the Florida Highway Ppatrol, 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 Motor Carrier Compliance Office, 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.

(c) The Florida Highway Patrol has primary responsibility for enforcing the State’s general traffic safety on the Turnpike System.

(2) Turnpike Tandem Permits and Certifications.

(a) The Turnpike Enterprise Department’s Road Use Permits Office is responsible for issuing oversize/overweight Turnpike Tandem Ppermits and Certifications. All other certifications must be obtained from the Turnpike Enterprise.

(b) The permittee is responsible for any vehicle operating with a Turnpike Tandem Permit an oversize/overweight 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 Ttandem Ppermits are issued for the Turnpike Ssystem 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. No authority is given to Turnpike Tandems to travel on routes off the Turnpike System. 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, Certification Covering Turnpike Tandem Trailer Operations, revised 2/18, and submit to the following certifications: Florida Turnpike Enterprise, Fleet Manager Director of Highway Operations, Pompano Service Area, M.P. 65, Post Office Box 9828, Fort Lauderdale, Florida 33310-9828 or by email to: [e-mail].    

Form NumberRevision DateTitle

800-040-0104/09Certification of Turnpike Tandem Trailer Equipment (Tractor)

800-040-0204/09Certification of Turnpike Tandem Trailer Equipment (First or Lead Trailers)

800-040-0304/09Certificate of Insurance

800-040-0404/09General Certification Covering Turnpike Tandem Trailer Operations by Permittee

800-040-0504/09Certification for Special Permit to Operate Turnpike Tandem Trailer Vehicle

800-040-0604/09Certification of Turnpike Tandem Trailer Equipment (Dolly Converters)

800-040-0704/09Certification for Special Certificate to Operate Turnpike Tandem Trailer Vehicle

 

Form Number 800-040-01, rev. 2/18 is The above listed forms are hereby incorporated by reference and made a part of these rules. Copies of these forms are available at: www.fdot.gov/procedures/forms.shtm http://formserver.dot.state.fl.us/capture/listings/FormListing.aspx?ListType-FormNumber.

(4) All tractors, trailers laden first semi-trailer, and dollys dollies must be approved and certified authorized by the Turnpike Enterprise before operating under a Turnpike Tandem Permit certification. Certification Authorization 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 pPermittee and shall be placed on the left side of each tractor, lead 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 pPermittee must include complete Form 800-040-01, Certification of Turnpike Tandem Trailer Equipment (Tractor), bearing 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 certificates authorize only the vehicle described therein and shall be made available at any time for inspection by the Turnpike Enterprise, Motor Carrier Compliance Office, Florida Highway Patrol, or their respective staffs. Any discrepancy between the description on the certification tractor certificate and the actual description of the vehicle will result in the withdrawal of approval.

(c) The Permittee must complete Form 800-040-02, Certification of Turnpike Tandem Trailer Equipment (First or Lead Trailers), bearing a description of the lead trailer or dolly. Certificates for lead trailers and dollies are not required to be carried by the operator.

(6) Renewal of General Certification. Turnpike Tandem certifications are may be renewed by submitting Form 800-040-04, General Certification Covering Turnpike Tandem Trailer Operations. The certificate is renewed and 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. Request for certification renewal must be submitted at least 30 days prior to the expiration date. The Florida Turnpike Enterprise does not provide notification of certification expiration.

(7) Responsibility of Permittee.

(a) Each certificate to operate Tturnpike Ttandems shall be valid only when the pPermittee has filed Form 800-040-03, Certificate of Insurance, attesting to the fact that the Permittee has secured public liability insurance maintained in accordance compliance with section Sections 627.7415 and 627.742, F.S., and 49 C.F.R., Part 387, Subpart A, where applicable. The named insured shown on all such applied policies shall include the Florida Highway Patrol, the Turnpike Enterprise, and each of their respective officers, agents, and employees.

(b) Such public liability insurance certificate shall explicitly state that the Turnpike Tandem operations of the pPermittee 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 pPermittee. 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 specific 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 pPermitee, including omissions and supervisory acts of the Turnpike Enterprise, the Florida Highway Patrol, and each of their respective officers, agents, or employees.

(8) Other Permittee information. The Permittee shall, upon request, furnish the Turnpike Enterprise with all data and information pertaining to an individual trip by a Turnpike Tandem or the overall tandem trailer operation of the Permittee on the Turnpike System.

(9) Voided Certifications and Permits. When in the interest of health, safety, or welfare of the citizens of the State, the Turnpike Enterprise determines that operation of a turnpike tandem constitutes a hazard to Turnpike System operations, certifications will be voided in whole or in part. A turnpike tandem oversize/overweight permit will be voided, in whole or in part, by the Road Use Permits , the Florida Highway Patrol, and each of their respective officers, agents and employees if the vehicle is in violation of the requirements of the oversize/overweight permit; or if the operation of the Turnpike Tandem is determined to be unsafe.

Rulemaking Authority 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), 338.22-.244, 338.239(2) FS. History–New 11-5-09, Amended               .

 

PART III REGULATIONS COVERING THE OPERATION AND SAFETY OF TURNPIKE TANDEMS

14-61.0017 Other Regulations Covering the Operation and Safety of Turnpike Tandems

(1) Driver Requirements.

(a) All drivers of Turnpike Tandems Tandem trailers 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.

(b) All drivers of Turnpike Tandems and all other individuals or companies operating Tturnpike Ttandems must comply with Section 316.302(1), F.S., except that driver exemptions for farm vehicle drivers as set forth in 49 C.F.R. 391.21 and 391.67 shall not apply to drivers of Tturnpike Ttandems.

(c) All drivers of Turnpike Tandems must have a minimum of five years years’ experience driving truck tractor semi-trailer combinations.

(d) A driver of a Turnpike 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.

(2) Overall Length, Height, and Width.

(a) All overdimensional vehicles must comply with Rule Chapter 14-26, F.A.C. rules of the Turnpike Enterprise shall apply to Turnpike Tandems unless specifically excluded under the provisions of this rule chapter.

(b) The overall cargo carrying length of a Turnpike Tandem, as 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.

(c) Turnpike Tandems shall not exceed 13 feet 6 inches in height or 8 feet 6 inches in width.

(3) Weight and Axle Requirements.

(a) All overweight rules of Section 316.535 316.515, F.S., shall apply to Turnpike Tandems unless specifically excluded under the provisions of this rule chapter.

(b) The maximum gross weight of the truck tractor and the first trailer semitrailer of a Turnpike Tandem shall not exceed 80,000 pounds.

(c) The maximum gross weight of the unit of dolly and second trailer of a Turnpike Tandem 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.

(d) In the event that a Turnpike Tandem is composed of trailers of unequal gross weight, the heavier of the two shall be used as the lead trailer.

(e) The gross weight limits described in Chapter 316, F.S., may be exceeded with a valid Turnpike Tandem Permit oversize/overweight permit issued by the Turnpike Enterprise Road Use Permits Office for a maximum gross weight not to exceed 147,000 pounds.

(f) A minimum of five load bearing axles are required unless stated otherwise in a valid Turnpike Tandem Permit oversize/overweight permit issued by the Turnpike Enterprise Road Use Permits Office.

(4) Tractor Requirements.

(a) A tractor used to haul trailers in a Turnpike Tandem configuration shall be capable of traveling at a speed of not less than 50 mph on all portions of the turnpike system, regardless of grade.

(b) A tractor used to haul trailers in a Turnpike Tandem configuration shall be capable of hauling the maximum gross weight authorized by the permit.  The maximum gross weight to be hauled with a Turnpike Tandem Permit is 147,000 pounds.

(5) Tire Requirements.

(a) Each axle on a Turnpike Tandem must have tires of the same size and construction. Tires must be properly inflated for the load to be carried. In no event shall any tire, wheel, or rim exceed the manufacturer’s maximum load-carrying limit.

(b) A vehicle equipped with dual tires may have the dual tires replaced by a single tire so long as the vehicle, axle, and tire load ratings are not exceeded.

(c) No tire may exceed 550 pounds per inch of tire section width as defined by the rating molded in the tire sidewall. For example, a designation of 445/50R22.5 designates a tire section width of 445 mm (17.5 inches).

(6)   Brake Regulations.

(a) Every Turnpike Tandem shall be equipped with full air brakes or air activated hydraulic brakes on the tractor and either air or electric 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 Turnpike 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, Section 316.262, F.S.

(7)  Converter Dolly Requirements.

(a) A converter (fifth-wheel) dolly used in Turnpike 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.

(8) Inspection by Driver.

After all the component vehicles in a Turnpike Tandem 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.

(9) Coupling Devices/Hitch Connections.

(a) Vehicles in a Turnpike Tandem 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.

(10) Staging.

(a) Turnpike Tandems shall be coupled and decoupled only in designated staging areas when operating on the Turnpike System. All movement across traffic while entering or leaving a staging area shall be made using extreme caution.

(b) Permitees shall assume all responsibility for their vehicles and equipment, as well as the contents thereof, while such vehicles and equipment are in a staging area.

(c) Equipment may be parked in the staging area for no longer than eight (8) hours.  Staging areas will be closed when equipment cannot be safely stored due to adverse weather or other hazardous conditions.

(d) Tractors, trailers and dollys parked in the Turnpike System staging areas must display valid decals in accordance with Rule 14-61.0016(5), F.A.C. at all times.

(11) Passing. A Turnpike Tandem may pass another vehicle traveling in the same direction only if the speed differential will allow the Turnpike Tandem to complete the maneuver and return to the normal driving lane within a distance of one mile and be performed within the posted speed limit. Turnpike Tandems must stay in the right lane, or those lanes designated for travel by posted signs, unless they are in the act of passing.

(12) Operations under Hazardous Conditions.

1. Drivers of Turnpike Tandems shall exercise extreme caution and reduce speed when hazardous conditions exist, such as fog, smoke, dust, mist, or rain.

2. The Turnpike Enterprise, Florida Highway Patrol, or their respective staffs, may restrict or prohibit operations during periods when traffic, weather, or other safety conditions make such operations unsafe or inadvisable.

Rulemaking Authority 334.044(2), 338.239 FS. Law Implemented 316.55, 338.239 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