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 316.545 and 316.516, F.S.

(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(10)(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 operating on an oversize/overweight permit (excluding inner bridge permits) which bypasses an open weigh station will be assessed a penalty of $1,000.00.

(g) Any vehicle operating on a forged or altered permit will be assessed a penalty of $1,000.00 in addition to penalties assessed for size/weight violations.

(2) Null and Void Criteria. Any vehicle found to be operating under one or more of the following conditions shall be determined to be out of conformity with the provisions of the permit, in which case the vehicle is considered to be in non-compliance and the permit will be declared to be null and void for that vehicle for that trip. Penalties will be assessed as provided in sections 316.516 and 316.545, F.S., and the vehicle must remain until the load is brought into compliance or a valid permit is obtained.

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

(b) The vehicle has an expired permit. 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 has an outer-bridge dimension which is less than the minimum specified on the permit. Penalty to be assessed for weight only.

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

(j) The hauler does not produce a survey letter as described in subsection 14-26.00411(5), F.A.C., when requested by law enforcement or a weight inspector. Penalty to be assessed for size only.

(k) The vehicle does not have a valid restricted tag or is not registered for 80,000 pounds gross vehicle weight when transporting an oversized/overweight load. Penalty to be assessed for weight only.

Rulemaking Authority 316.550, 334.044(2) FS. Law Implemented 316.516(4), 316.550(8), (10) FS. History–New 6-23-96, Amended 11-10-98, 2-1-10, 10-4-10, 2-5-13, 8-23-16, 3-9-17, 4-24-18.