14-26.0051. Criteria for Issuance of Permits (Transferred)

(1) The Department must consider interference with traffic flow, effect on public safety, and the preservation of state maintained roads. The Department shall consider the following criteria when exercising the discretion to issue or deny a permit and when prescribing conditions which limit the use of said permit:

(a) All details relevant to the proposed move as presented by the applicant and as requested by the Department;

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

(c) Protection of the motoring public from traffic hazards created by the movement of overweight and overdimensional vehicles or loads on state maintained roads;

(d) The convenience and comfort of the other motorists, including undue delays in the normal flow of traffic;

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

(f) Assistance needed by persons, companies, or organizations with special transportation problems involving excess size or weight;

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

(h) The number of lanes and condition of the pavement to be traversed;

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

(j) The adequacy of the width of the driving lanes to be used;

(k) The number and type of accidents and fatalities occurring on the roads of the proposed route;

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

(m) The average daily volume of traffic;

(n) The volume of traffic during peak periods;

(o) The number of traffic signals per mile;

(p) The frequency of necessary vehicular lane changes;

(q) The availability of emergency lanes;

(r) The applicant’s certification of available vertical clearance on the proposed route for all loads/vehicles over 15 feet high;

(s) Failure to comply with this Rule Chapter when operating overweight or overdimensional vehicles or loads over state maintained roads pursuant to previously issued permits, consistent with the provisions of Section 316.550(5), Florida Statutes;

(t) Failure to comply with the permitting requirements of this rule chapter.

(2) Override Authority. Authority to override Sections 316.550 and 316.535, Florida Statutes, and Rule Chapter 14-26, F.A.C.

(a) Normal legal vehicle and load dimensional and weight operations consist of operating within maximum width, height, length, and weight limitations as addressed in Sections 316.515 and 316.535, Florida Statutes. However, pursuant to Section 316.550, Florida Statutes, those in authority over the Department of Transportation operations, such as the Governor, Secretary of the Department of Transportation, Assistant Secretary for Transportation Policy, and the State Highway Engineer have powers by which they, in extenuating circumstances, may authorize the Department’s Permit Office to issue permits for vehicles or loads not specifically authorized by statute or rule, thereby exceeding the normal daily operational safety standards and procedures of Chapter 316, Florida Statutes, and Rule Chapter 14-26, F.A.C.

(b) These permits must be:

1. Initiated with a letter signed by the person in authority authorizing issuance of the permit.

2. Documented in the Department’s Permit Office files.

3. Concurred with by state coordinators (military and civilian) listed in the Department of Army’s Mobilization Movement Control (MOBCON) Coordinators directory for all military defense movements.

(c) In case of emergencies:

1. Authorized persons may verbally authorize permit issuance, if authorization is documented with a letter within 48 hours with a letter to be filed in the Department’s Permit Office files.

2. All military defense movement operations need concurrence with state coordinators (military and civilian) listed in the Department of Army’s Mobilization Movement Control (MOBCON) Coordinators directory.

(d) Under no circumstances shall a permit be issued until it has been verified that the route can accommodate the vehicle and load. The Department is responsible for verifying load carrying capacity of the route. The applicant is responsible for verifying adequate vertical and horizontal clearance. Permit applications requesting a height greater than 15 feet shall be supported by an affidavit from the applicant. The affidavit must include the name of the transporting company, the signature of the permittee, and a statement verifying that the route has been surveyed and clearances exceed the requested permitted dimension by a minimum of 6 inches, thereby allowing all loads to clear the route safely. The surveyed route and the route shown on the application must be identical.

Specific Authority 316.550, 334.044(2) FS. Law Implemented 316.515, 316.550, 334.044(27) FS. History–New 9-15-87, Amended 6-23-96, 11-10-98.