Rule Chapter 14-26, F.A.C., is being amended to correct direct conflict between the rules.

DEPARTMENT OF TRANSPORTATION

Rule No.: RULE TITLE
14-26.0041: Definitions and Terms
14-26.00411: Procedure for Issuance of Permits
14-26.008: Schedule of Fees
14-26.009: Exemptions from Fee Requirement
14-26.010: Weight Limitations
14-26.012: Movement Conditions and Restrictions
14-26.01311: Permits to Move Sealed Containerized Loads
14-26.015: Penalties
PURPOSE AND EFFECT: Rule Chapter 14-26, F.A.C., is being amended to correct direct conflict between the rules.
SUMMARY: Permit issuance, fees, conditions, and penalties will be addressed.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 316.550, 334.044(2) FS.
LAW IMPLEMENTED: 316.515, 316.516, 316.535, 316.550, 334.044(28) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Deanna R. Hurt, Assistant General Counsel and Clerk of Agency Proceedings, Florida Department of Transportation, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0458

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) “Applicant” means a person or entity requesting a permit.

(2) “Axle Spacing” means the measurement between the centers of the axles as measured from center-to-center of wheel hubs.

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

(4) “Escort Vehicle” means a vehicle independent of the permitted vehicle, equipped with a working, amber warning light located on top of the escort vehicle, and operated by a qualified escort, law enforcement escort, or any combination shown in Rule 14-26.012, F.A.C.

(5) “Excluding Weekends and Holidays” means movement on Saturday and Sunday is limited to the period of time beginning one-half hour before sunrise and ending at 12:00 Noon, and is prohibited all day on New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, the day after Thanksgiving, and Christmas. If any of these holidays fall on Saturday, the preceding Friday shall also be observed as a holiday. If any of these holidays fall on a Sunday, the following Monday shall also be observed as a holiday.

(6) “Expired Permit” means a trip permit which has lapsed for less than 24 hours or a multi-trip permit which has lapsed for less than 30 days.

(6)(7) “External Bridge” or “outer bridge” means the distance from the center of the front steering axle of the vehicle (or combination of vehicles) to the center of the last axle of the vehicle (or combination of vehicles).

(7)(8) “Fifth Wheel” means a device mounted on a truck tractor or similar towing vehicle (e.g., converter dolly) which interfaces with and couples to the upper coupler assembly of a semitrailer.

(8)(9) “Flag” means a red or florescent orange device used to warn approaching traffic of a safety hazard.

(9)(10) “Governmental Government Entity” means as defined in Section 334.03, F.S a unit of government, or any officially designated public agency or authority of a unit of government, that has the responsibility for planning, construction, operation, maintenance, or jurisdiction over transportation facilities.

(10)(11) “Inner-Bridge” means the distance between the centers of any two or more consecutive axles on a vehicle (or combination of vehicles) traveling on the interstate system only, exclusive of the external bridge.

(11)(12) “Kingpin Setting” means the distance between the kingpin or other peg which locks into the fifth wheel and the center of the rear axle or the center of the rear axle grouping (whichever applies).

(12)(13) “Law Enforcement Escort” means any police officer as defined in Section 316.003(32), F.S., operating any vehicle owned by a law enforcement agency using blue or red and blue warning lights to accompany an oversize/overweight vehicle.

(13)(14) “Local Moves” means hauling not more than a 50 mile radius from the point of origin.

(14)(15) “Manufactured Building” or “modular building” means a closed structure, building assembly, or system of subassemblies, which may include structural, electrical, plumbing, heating, ventilating, or other service systems made for installation or erection as a finished building or part of a finished building, which shall include, but not be limited to residential, commercial, institutional, storage, and industrial structures. The term includes buildings not intended for human habitation such as lawn storage buildings and storage sheds made and assembled offsite by a manufacturer certified in conformance with Section 553.381, F.S.

(15)(16) “Manufactured Home” means is as defined in Section 320.01(2)(b), F.S.

(16)(17) “Mobile Home” means is as defined in Section 320.01(2)(a), F.S.

(17)(18) “Multiple Loading” means the placing of more than one item on a vehicle so as to cause the overall measurements to exceed the maximum length, width, height, or weight limitations established in Sections 316.515 and 316.535, F.S.

(18)(19) “Multi-Trip Permit” or “blanket” or “annual permit” means authorization issued to allow multiple trips for a period not to exceed 12 months.

(19)(20) “Non-Routine Permit” means authorization issued with a structural evaluation or override authorization.

(20)(21) “Overdimensional” or “oversize” means any vehicle configuration, including the load, which exceeds the limitations provided in Section 316.515, F.S.

(21)(22) “Overhang” means that portion of a load or vehicle attachment that projects beyond the front or rear wheels of a vehicle or the front or rear bumper of a vehicle if it is equipped with a front or rear bumper.

(22)(23) “Overweight” means any vehicle configuration, including the load, which exceeds the limitations provided in Section 316.535, F.S.

(23)(24) “Permit Office” means the Permit Section of the Office of Maintenance, Florida Department of Transportation, with offices located in Tallahassee, Florida. Website: www.fdotmaint.com/permit/.

(24)(25) “Permittee” means the applicant to whom an oversize/overweight permit is issued.

(25)(26) “Routine Permit” means authorization issued by the Department for an overweight or overdimensional load that did not require a structural evaluation, local movement restrictions, or override authorization.

(26)(27) “Self-Propelled Equipment” means a single rigid frame unit propelled with its own power source which does not transport a divisible load, and includes equipment such as earth handling equipment, cranes (which may include a dolly attachment), derricks, and fire trucks.

(27)(28) “Trip Permit” means authorization issued to allow a single hauling of a load from point of origin to destination.

(28)(29) “Truck Crane” means any vehicle (which may include a dolly attachment) designed and constructed to be used primarily for lifting, lowering, or traversing while operating from either a secure stationary position, or in a rolling position if specifically designed for rolling operation.

(29)(30) “Valid Permit” means authorization issued pursuant to Section 316.550, F.S., by the Department and that has not been altered, changed, or otherwise modified, unless in writing by the Department, accompanied by the original permit.

(30)(31) “Warning Light” means a class 2 an electrical lighting device located on permitted vehicle and escort vehicles, used to warn all approaching traffic of a possible safety hazard. The device shall be any one or combination of the following:

(a) Rotating;

(b) Strobe;

(c) Flashing.

(31)(32) “Warning Sign” means a sign device, located on permitted vehicle and escort vehicles, used to warn all approaching traffic of a possible safety hazard.

(32)(33) “Wrecker Permit” means authorization issued for the operation of a wrecker where the combined weight of the wrecker plus towed disabled vehicle exceeds the maximum weight established by Section 316.535, F.S.

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,_________.

 

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. 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., over state maintained roads.

(2) Intent. It is the intent of the Department to require that all reasonable steps be taken to reduce the vehicle load to legal limits of weight and dimensions. Permits for overweight and overdimensional vehicles and loads are intended for a single item load which cannot reasonably be dismantled or disassembled and which cannot reasonably be shipped by rail, water, or air.

(3) 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, 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 required fields on Form 850-040-02, Request for Special Road Use Oversize/Overweight Blanket Permit Application or Request For Special Road Use Oversize/Overweight Trip Permit Application, rev. 07/10 08/09, incorporated herein by reference and provide the following:

(a) Total gross weight of vehicle/vehicle combination to include permitted load if over legal weight. Otherwise, the applicant must state that the gross weight is legal.

(b) External bridge and individual axle spacings of vehicle/vehicle combination (center of hub to center of hub) if over legal weight.

(c) Total number of axles and total weight on each axle of vehicle/vehicle combination if over legal weight. Otherwise, the applicant must state that the axle weights are legal.

(d) Total width of vehicle and/or load at widest point.

(e) Total length of the vehicle/vehicle combination and/or load from front to rear to include front and rear overhang. If there is any overhang, separate measurements are to be provided in addition to the total length.

(f) Total height of the vehicle and/or load from the pavement to the highest point of the vehicle and/or load.

(g) Description of load to be transported.

(h) Requested route(s) of travel containing detailed information, such as state highway and interstate route numbers.

(5) No permit will be issued until it has been verified that the route can accommodate the vehicle and load. The Department is responsible for verifying the load carrying capacity of the route. The applicant is responsible for verifying adequate vertical (height) and horizontal (length and width) clearance. Permit applications requesting a height greater than 15 feet and/or a width greater than 22 feet shall be supported by an affidavit from the applicant. The affidavit must be provided by the applicant on the applicant’s letterhead and include include the name of the transporting company, the signature of the applicant, a statement verifying that the route has been surveyed, and 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. The survey must be completed by a qualified escort as described in this rule or a driver with a valid Commercial Driver’s License.

(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 the vehicle’s gross weight exceeds 199,000 pounds so that a structural analysis can be performed. Applicants, whose vehicles have a gross weight of less than 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,_________.

 

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 5 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 8 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 5 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 additional dimension fee with a combined fee not to exceed $500.00. NOTE: For weights over 80,000 pounds [Items (2)(a) through (h) above], add an administrative fee 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, Amended 4-22-92, 3-1-94, 6-23-96, 11-10-98, 2-1-10,________.

 

14-26.009 Exemptions from Fee Requirement.

The following entities are exempt from the fee requirements specified in Rule 14-26.008, F.A.C., above:

(1) Governmental Entities. The United States Government.

(2) Departments of the State of Florida.

(3) The Florida National Guard.

(4) Counties.

(5) Cities.

(6) Municipalities.

(2)(7) Special taxing districts.

(3)(8) Seminole Tribe as defined in Chapter 285, F.S.

(4)(9) Any person or entity moving portable public school buildings.

(5)(10) Implement of husbandry, farm equipment, agricultural trailers and forestry equipment (oversize only).

(6)(11) Movement of loads in response to a Governor’s Declaration of Emergency.

The above entities or agencies are exempt from the fee requirements only when being operated for non-commercial purposes. These vehicles must obtain an overweight and/or overdimensional permit to operate on state owned roadways.

Rulemaking Authority 316.550 FS. Law Implemented 316.550, 316.565 FS. History–New 8-26-82, Formerly 14-26.09, Amended 6-23-96, 11-10-98, 2-1-10,__________.

 

14-26.010 Weight Limitations.

Rulemaking Specific Authority 316.550 FS. Law Implemented 316.550 FS. History–New 8-26-82, Amended 12-6-83, Formerly 14-26.10, Amended 4-22-92, 6-23-96, 11-10-98, Repealed _________.

 

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. 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, the 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) Multi-Trip Permits. With the exception of “inner-bridge” multi-trip permits, all multi-trip permits include a Department map and list indicating routes over which the permitted vehicle and load can travel. The map and list must remain attached to the permit. With the exception of “inner-bridge” and wrecker permits, multi-trip permits shall not be used in combination with other permits.

(2)(3) Escorts accompanying overdimensional loads as required by permit or pursuant to subsection sections 14-26.012(6), (7), or (8), F.A.C., are limited to:

(a) Law enforcement escorts.

(b) Escorts qualified by another state, provided that the other state has equal or more stringent standards as those required by Florida for qualified escorts and the escort has been qualified or re-qualified within the past four years.

(c) Qualified escorts:.

1. Must be at least 18 years of age and must possess a valid driver’s license in the state or jurisdiction in which he or she is a resident.

2. Must have successfully completed a minimum eight hour defensive driving course as provided by a National Safety Council qualified instructor or hold a currently valid Commercial Driver’s License (Class A, B, or C). The instructor shall not be an employee of the employing escort service.

3. Must have successfully completed a minimum eight hour pilot/escort flagging course. The qualification must be current and must be from an entity approved by the Department based upon that entity’s course content, methods of instruction, and familiarity with state and federal standards.

4. Shall maintain in his or her possession, for prompt presentation upon request by a law enforcement person or Department representative, a copy or copies of the qualification document or documents verifying completion of the required qualification courses.

5. Shall be requalified every four years by successfully completing a four hour Department approved refresher course.

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

(a) Escort Vehicles.

1. Escort vehicle(s) must be a single unit vehicle with a gross vehicle weight rating of at least 2,000 pounds and less than 26,000 pounds. The vehicle must be properly licensed, registered, and operated by a qualified escort.

2. Identification signs or placards showing the name of the company or the owner or driver of the escort vehicle must be in a conspicuous place on both the right and left sides of the escort vehicle. The signs or placards shall be at least 8 inches x 12 inches, or contain the equivalent square inches, and shall also contain the telephone number of the owner or driver plainly legible and visible to the motoring public.

3. All escort vehicles must be equipped with high visibility rotating, strobe or flashing class 2 amber warning lights mounted so as to be seen by all approaching traffic at a distance of at least 500 feet.

4. Escort vehicles shall display either a bumper mounted or a roof mounted yellow sign (or may display both) reading “OVERSIZE LOAD” with black letters with a minimum brush stroke of 10 inches high and 1 1/2 inches wide, which must be visible from front and rear.

5. Two flags, either red or fluorescent orange in color, which must be at least 18 inches x 18 inches, shall be mounted at approximately a 40 to 70 degree angle on the escort vehicle’s roof rack.

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

1. Operable two-way electronic communications. Qualified escorts must be in radio contact with load drivers at all times during movements.

2. Two fire extinguishers (minimum five pounds each).

3. “STOP” and “GO” or “STOP” and “SLOW” paddles a minimum 18 inches in diameter with 6 inch high letters.

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

5. One hand-held flag, either red or fluorescent orange in color, which must be at least 12 18 inches x 12 18 inches.

6. Two warning signs (yellow with black lettering) with a minimum brush stroke of 12 10 inches high and 1 1/2 inches wide. Each warning sign shall have a total dimension of not less than 7 feet long by 18 inches high. These signs shall be used in the event the permitted vehicle or load loses its sign(s).

7. Hard hat.

7.8. Three 36 inch traffic cones. Traffic cones must be reflective if used at night.

8.9. For over height loads, the lead vehicle must have a vertical height indicator, i.e., height pole, used to determine vertical clearance. This device must be manufactured of non-conducive and non-destructive material and must be positioned at a height of at least 6 inches above the height of the load being escorted.

(4)(5) 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. Escort vehicles in the process of escorting a permitted vehicle or load must proceed through weigh stations and must not bypass such stations.

(5)(6) Safety Requirements and Restrictions for the Permitted Load and Vehicle.

(a) Flags. Flags shall be clean, have high visibility, and be at least 18 inches x 18 inches. They shall be displayed so as to wave freely on all four corners of the vehicle and at the extreme ends of all protrusions, projections, or overhangs.

(b) Warning Lights.

Required Display. Vehicles or loads exceeding 10 feet in width, 80 feet in length (or over 3 feet of front overhang for self-propelled equipment), or 14 feet 6 inches in height shall have warning lights which shall:

1. Be class 2 high visibility rotating, strobe or flashing amber warning lights; and

2. Be mounted so as to be seen by all approaching traffic at a distance of at least 500 feet.

(c) Warning Signs.

1. Required Display. Vehicles or loads exceeding 10 feet in width, 80 feet in length (or 60 feet in length for self-propelled equipment), or 14 feet 6 inches in height.

2. Each warning sign shall:

a. Consist of black letters 12 inches high with a brush stroke of not less than 1 1/2 inches wide on a yellow background.

b. State “OVERSIZE LOAD.”

c. Have a total dimension of not less than 7 feet long by 18 inches high.

d. Be either bumper mounted or roof mounted. If one of the signs is roof mounted then, fastened with one sign at the front of the power unit and the other sign must be at the rear of the towed unit or at the rear of the load. Voids (holes) may be cut in warning signs as signs must not cover any vehicle light or reflector.

(d) Movement During Periods of Poor Visibility. No travel is allowed when horizontal visibility is less than 1,000 feet. Vehicles which are underway when inclement weather occurs must exit the road at the first available safe location and park until the weather clears or until road conditions improve.

(e) Movements on Weekends and Holidays. Unless otherwise noted on the permit, movements are prohibited on weekends and holidays. A government entity, meeting the criteria of Rule 14-26.0051, F.A.C., shall be allowed to travel all days, all hours with a valid permit.

(f) Nighttime movement. When the criteria of Rules 14-26.00425 and 14-26.012, F.A.C., are met, trip or multi-trip permits shall be issued providing:

1. Nighttime travel is recommended by the Department’s District Traffic Engineering Office(s) or determined to be a requirement of the permit by the Office of Maintenance.

2. Law enforcement escort(s) are used.

3. Warning lights shall delineate the shape and size of the load.

4. The sides and rear of trailers and loads shall be lighted in the manner prescribed in 49 C.F.R. Sections 393.11 through 393.26, as required by Section 316.302(1)(a), F.S.

(7) Permitted vehicles must proceed through all open weigh stations. All vehicles, including vehicles equipped with an automatic vehicle identification system, must stop at open weigh stations when directed by a motor carrier compliance officer or other law enforcement officer.

(8) Width Limitations.

(a) Vehicles up to 10 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 all days, during daytime hours only. Flags are required.

(b) Vehicles over 10 Feet up to 12 Feet. When the criteria of Rule 14-26.00425, F.A.C., are met, trip or multi-trip permits shall be issued. Movement permitted daytime hours only, excluding weekends and holidays. Flags, warning signs, and warning lights are required. Except for local moves, this is the maximum width allowed on a straight truck.

(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. All manufactured buildings, manufactured homes, mobile homes, modular buildings, sheds, and swimming pools shall use a minimum of four warning lights mounted, with two in the front and two in the rear at each corner of the towed or hauled unit.

2. All other loads shall have a minimum of two one warning lights mounted with one on the front and one on the rear of the load.

3. On roadway lanes less than 12 feet wide, bridges with less than 30 feet curb to curb, and in rural areas with traffic volume greater than 12,000 Average Daily Traffic (ADT) per lane or in urbanized areas (more than 50,000 population) with ADT greater than 8,000 vehicles per lane, two qualified escorts are required except on loads with a minimum of four warning lights mounted two in the front and two in the rear at each corner of the towed or hauled unit.

4. No movement will be allowed in congested areas during peak traffic hours.

(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 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. Two escort vehicles, with escorts are required at all times during the move, one in the front and one in the rear of the load.

1. All loads consisting of manufactured buildings, manufactured homes, mobile homes, modular buildings, sheds, and swimming pools shall use a minimum of four warning lights mounted with two on the front and two on in the rear at each corner of the towed or hauled unit.

2. All other loads shall have a minimum of two warning lights mounted with one on at the front and one on the rear of the load.

3. Two lane roadways shall not be used as a connector route whenever viable four lane routes are available. Requests for two lane roadways as connector routes may require justification from the customer and ultimate approval from the Department. No movement will be allowed in congested areas during peak traffic hours.

4. The maximum width for manufactured buildings is 16 feet.

(e) Vehicles over 16 Feet. When the criteria of Rule 14-26.00425, F.A.C., are met, only trip permits shall be issued. Same as criteria for “Vehicles over 14 Feet up to 16 Feet” except movement will be restricted to local moves. Applications for permits over 16 feet wide are subject to review by the Department’s District Traffic Engineering Office(s).

1. Law enforcement escort(s) shall be required for all moves.

2. Items must be moved by rail, air, or water when possible.

3. Trip permit requests for vehicles over 22 feet wide will require an affidavit verifying that the proposed route has adequate horizontal clearance to accommodate the requested width in addition to two feet on each side.

(9) 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. 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. 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.

1.2. One law enforcement escort in addition to one escort is required. One escort must precede the load with a vertical height indicator.

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.

(10) Length Limitations.

(a) Vehicles up to 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 all days, and all hours.

1. Rear overhang is limited to a maximum of 10 feet during nighttime movement unless otherwise stated on the permit.

2. When overhang exceeds 4 feet, a warning light is required on the top of the vehicle. At the extreme rear of the load there must be two red lamps and two red reflectors on each side of the load. Each required warning lamp shall be visible from a distance of at least 500 feet.

(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 the load.

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

2. An escort is required when the length exceeds 95 feet.

3. Truck tractor semi-trailers with three points of articulation are allowed up to 105 feet without an escort.

4. Maximum length for a manufactured home, tractor combination is 105 feet provided the length of the towed housing does not exceed 81 feet, including all overhangs and tongue.

5. Two qualified escorts are required when the length exceeds 150 feet unless the vehicle is traveling on a limited access facility, then only one qualified escort is required.

6. One law enforcement escort and one qualified escort are required when the length exceeds 250 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. Nighttime 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 60 Feet.

a. Front Overhang over 3 Feet up to 9 Feet. Movement is permitted on all days, all hours. 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.

b. Front Overhang over 9 Feet. Movement is permitted all days, during daytime hours only. 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.

2. Total Length over 60 Feet up to 85 Foot Feet Maximum. Movement is permitted during 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.

(11) 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) Multiple loading does not cause the dimensions of the load to exceed those limits established in Section 316.515, F.S., and

(b) Multiple loading does not cause the gross vehicle weight to exceed those limits established in Section 316.535, F.S.

(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. 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.

(12) Designated Permits.

(a) Implements of Husbandry, farm equipment, agricultural trailers, and forestry equipment are exempt pursuant to by Section 316.515, F.S., from certain size requirements. Hhowever, these vehicles are not exempt from any overweight limitations set forth in Section 316.535, F.S. When the vehicle configurations exceed any of the weight limits described in Section 316.535, F.S., an overweight permit must be obtained from the Department.

(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 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) Semi-trailers greater than 53 feet, up to 57 feet 6 inches in length, may haul a divisible load when operating in a truck tractor semi-trailer combination with a valid trip or multi-trip permit.

(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) 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 not to exceed 80 feet. No overhang is allowed.

(f) Trip or multi-trip permits will be issued to truck tractor semi-trailers 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.

(13) Wrecker Permits.

(a) When the combined weight of the wrecker and disabled vehicle being towed exceeds the maximum weight limits established by Section 316.535, F.S., trip or multi-trip permits shall be issued if all the criteria of Rule 14-26.00425, F.A.C., are met the wrecker must be operating under a wrecker permit as provided in Section 316.550(4), F.S.

(b) Escort requirements for towing disabled permitted vehicles shall be as prescribed in the original permit or amendment thereto for the towed vehicle.

(c) It is the responsibility of the wrecker operator to secure permits necessary to cover the attached load.

(d) In all instances where legal weight is exceeded, all available brakes on the towed vehicle will be functional and in operation at all times while being towed.

(e) An illegally loaded vehicle shall not become legal by being attached to a permitted wrecker

(f) The combined gross vehicle weight of the wrecker and towed vehicle shall not exceed 140,000 132,000 pounds.

(g) The combined length of the wrecker and the towed vehicle shall not exceed 135 120 feet.

(h) The permitted vehicle combination must be operated with attached map(s) showing acceptable routes for specific axle and vehicle configurations.

(i) When the criteria of Rule 14-26.00425, F.A.C., are met trip permits shall be issued, if the number of axles, axle spacing, axle weights and specified route of travel are provided for the combination.

Rulemaking Authority 316.515, 316.550, 334.044(2) FS. Law Implemented 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,_________.

 

14-26.01311 Permits to Move Sealed Containerized Loads.

(1) Definitions. For the purposes of this rule:

(a) In accordance with Section 316.302(4), F.S., “Hazardous waste” or “hazardous materials” means as defined in Title 49, C.F.R., Part 171, Subpart A, Sec. 171.8.

(b) A “Sealed Containerized Load” means a freight container with or without wheels, as defined by the International Standards Organization, Series 1, Freight Containers – Classification, dimensions and ratings, ISO668-1988 [E], which freight container may or may not have wheels.

(c) “Destination point” means is the location where the packer’s seal or U.S. Customs’ seal is broken.

(d) “Point of origin” means the location where the packer’s seal is affixed.

(2) General. Sealed containerized loads being moved via a truck or trucks and rail in conjunction with a maritime shipment will be considered a “nondivisible” load, eligible for an overweight or overdimensional permit, when the following conditions are met:

(a) The sealed containerized load does not transport hazardous waste or hazardous materials which require placarding per Title 49, C.F.R., Part 172, Subpart F, as required by Section 316.302, F.S.,; and

(b) The sealed containerized load is being moved by a vehicle qualified to do so under the provisions of this rule:

1. From a maritime port to the destination point; or

2. From a maritime port to a railroad facility for movement to the destination point; or

3. From the point of origin to a maritime port; or

4. From the point of origin to a railroad facility for movement to a maritime port; and

(c) The sealed containerized load retains the original unbroken seal or a replacement U. S. Customs’ seal throughout its transit until reaching its destination point.

(3) Required On-Board Documents.

(a) The operators of vehicles transporting sealed containerized loads by permits issued pursuant to this rule shall at all times have on board at least one of the following documents and under their control and available for inspection:

1. A short form master bill of lading;

2. A copy of an electronically transmitted way bill; or

3. A completed U.S. Customs Service Authority to move (Form 75-12) valid for the permitted load.

(b) The document(s) in paragraph (a) shall include the following readily identifiable information:

1. Consignor;

2. Point of origin;

3. Consignee;

4. Point of destination;

5. Either the number of the packer’s cargo seal or the number of the U.S. Customs seal; and

6. A statement that the load being transported does not contain any hazardous waste material or that any hazardous materials which require placarding per Title 49, C.F.R., Part 172, Subpart F material is packaged as provided in Title 49 C.F.R. Part 172.101 Hazardous Material.

(c) The document(s) in paragraph (a) shall be in the form of a hard copy having a signature on each document.

(4) No Straight Trucks. Because of the nature of the load to be carried and the potential for increased wear to the highway from vehicles so loaded, no straight truck, as defined in Section 316.003(70), F.S., shall be eligible for a permit to haul sealed containerized loads.

(5) Trip or Multi-Trip Permits. When applying for a trip or multi-trip permit to transport sealed containerized loads, the hauler must furnish all relevant details on the proposed move to the Department’s Permit Office Permits Section. At a minimum, this shall include:

(a) Maximum gross weight;

(b) Axle spacing (center to center of each axle);

(c) The total number of axles and total weight on each axle of the vehicle/vehicle combination;

(d) The origin and destination of the highway move (for trip permits);

(e) Either the number of the packer’s cargo seal or the number of the U.S. Customs’ seal;

(f) The State highway(s) requested to be traveled (for trip permits); and

(g) A reasonable description of the contents of the sealed containerized load to be moved.

(6) Overall Gross Vehicle Weight. Vehicles operating under a permit issued pursuant to this rule shall not exceed an overall gross vehicle weight of 95,000 pounds.

(7) Axle Spacings. All vehicles operating under a permit issued pursuant to this rule shall meet the minimum axle spacing requirements described in the permit.

(8) Number of Axles. All vehicles operating under a permit issued pursuant to this rule shall have a minimum of five load-bearing axles in operation at all times during movement.

(9) Outer Bridge Length. All vehicles operating under a permit issued pursuant to this rule shall have an outer bridge length of 51 feet or greater.

Rulemaking Authority 316.550, 334.044(2) FS. Law Implemented 316.535, 316.550, 334.044(27) FS. History–New 9-14-93, Amended 6-23-96, 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) An oversize or overweight vehicle being operated without a permit will have penalties assessed in accordance with Sections Section 316.545 and 316.516, F.S., for overweight vehicles and Section 316.515, F.S., for overdimensional vehicles.

(b) A vehicle operated with a valid permit which exceeds the weight criteria contained in the permit, will be assessed a penalty for every pound or portion thereof exceeding the permitted weight as provided in Section 316.545, F.S.

(c) A vehicle operated with a valid permit which exceeds the dimensional criteria contained in the permit, will be assessed a penalty for every foot or portion thereof exceeding the permitted dimension, as provided in Section 316.516, F.S., except that the total penalty for the vehicle shall not exceed $1,000.00, as provided in Section 316.550(9)(b), F.S.

(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) 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) 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) The vehicle does not have the required number of axles. Penalty to be assessed for the weight only.

(b) The vehicle has an expired blanket permit (lapsed for less than 30 days). Penalty to be assessed for both weight and size.

(c) The vehicle is not on the route designated on the permit or on an approved route on the multi-trip permit attachments. Penalty to be assessed for both weight and size.

(d) The vehicle is a self-propelled truck crane towing a motor vehicle that exceeds the 5,000 pound limit allowed in Section 316.550, F.S. Penalty to be assessed for weight only.

(e) The vehicle is operating with a permit which has been altered or forged. Penalty to be assessed for both weight and size.

(f) The vehicle is not as represented by the facts on the permit. Penalty to be assessed for both weight and size. This violation will not be applicable if it duplicates another violation noted in a specific citation.

(g) The vehicle contains multiple loading (except as allowed per this rule). Penalty to be assessed based upon the nature of the violation (weight or size).

(h) The vehicle was operating during nighttime hours when not allowed by the permit or its attachments. Penalty to be assessed for size only.

(i) The tires on the vehicle are smaller than those specified on the permit. Penalty to be assessed for weight only.

(j) The vehicle has an outer-bridge dimension which is less than the minimum specified on the permit and the outer-bridge dimension cannot be adjusted to meet the permit requirements. Penalty to be assessed for weight only.

(k) The vehicle is being operated under a multi-trip permit and the permit is not accompanied by the attachments described in the permit. Penalty to be assessed based upon the nature of the violation (weight or size).

(l) The vehicle is being operated with a permit which does not meet the definition of expired permit. Penalty to be assessed for both weight and size.

(m) The vehicle bypasses an open weigh station. Penalty to be assessed for both weight and size.

Rulemaking Authority 316.516(4), 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,________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Tim Lattner, Director, Office of Maintenance

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Stephanie C. Kopelousos, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 29, 2010

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 14, 2010