| (iii) The permit is issued in the same manner and under
the same provisions as would be applicable to the transport of a single
oversize commodity under this section; provided, however, that the
shipper and the permittee also must indemnify and hold harmless the
department, its board members, officers, and employees from any and
all liability for damages or claims of damages including court costs
and attorney fees, if any, which may arise from the transport of an
oversized load under a permit issued pursuant to this subparagraph.
(iv) The shipper and the permittee must file with the
department a certificate of insurance on a form prescribed by the
department, or otherwise acceptable to the department, naming the
department, its board members, officers, and employees as named or
additional insurers on its comprehensive general liability insurance
policy for coverage in the amount of $5 million per occurrence, including
court costs and attorney fees, if any, which may arise from the transport
of an oversized load under a permit issued pursuant to this subparagraph.
The insurance policy is to be procured from a company licensed to
transact insurance business in the State of Texas.
(v) The shipper and the permittee must file with the
department, in addition to all insurance provided in clause (iv) of
this subparagraph, a certificate of insurance on a form prescribed
by the department, or otherwise acceptable to the department, naming
the department, its board members, officers, and employees as insurers
under an auto liability insurance policy for the benefit of said insurers
in an amount of $5 million per accident. The insurance policy is to
be procured from a company licensed to transact insurance business
in the State of Texas. If the shipper or the permittee is self-insured
with regard to automobile liability then that party must take all
steps and perform all acts necessary under the law to indemnify the
department, its board members, officers, and employees as if the party
had contracted for insurance pursuant to, and in the amount set forth
in, the preceding sentence and shall agree to so indemnify the department,
its board members, officers, and employees in a manner acceptable
to the department.
(vi) Issuance of the permit is approved by written
order of the board which written order may be, among other things,
specific as to duration and routes.
(C) An applicant requesting a permit to haul a dozer
and its detached blade may be issued a permit, as a non-dismantable
load, if removal of the blade will decrease the overall width of the
load, thereby reducing the hazard to the traveling public.
(2) Oversize hauling equipment. A vehicle that exceeds
the legal size limits, as set forth by Transportation Code, Chapter
621, Subchapter C, may only haul a load that exceeds legal size limits
unless otherwise noted in this subchapter, but such vehicle may haul
an overweight load that does not exceed legal size limits, except
for the special exception granted in §219.13(c)(3) of this title
(relating to Time Permits).
(n) Surety bonds under Transportation Code, §623.075.
(1) General requirements. The surety bond must comply
with the following requirements:
(A) be in the amount of $10,000;
(B) be filed on a form and in a manner prescribed by
the department;
(C) be effective the day it is issued and expire at
the end of the state fiscal year;
(D) include the primary mailing address and zip code
of the principal;
(E) be signed by the principal; and
(F) have a single entity as principal with no other
principal names listed.
(2) Non-resident agent. A non-resident agent with a
valid Texas insurance license may issue a surety bond on behalf of
an authorized insurance company when in compliance with Insurance
Code, Chapter 4056.
(3) Certificate of continuation. A certificate of continuation
will not be accepted.
(4) Electronic copy of surety bond. The department
will accept an electronic copy of the surety bond in lieu of the original
surety bond.
|
| Source Note: The provisions of this §219.11 adopted to be effective February 21, 1999, 24 TexReg 1221; amended to be effective December 5, 2001, 26 TexReg 9920; amended to be effective January 9, 2005, 29 TexReg 12246; amended to be effective February 16, 2006, 31 TexReg 888; amended to be effective June 1, 2008, 33 TexReg 3776; transferred effective January 1, 2012, as published in the Texas Register January 27, 2012, 37 TexReg 359; amended to be effective March 12, 2014, 39 TexReg 1734; amended to be effective June 28, 2015, 40 TexReg 4003; amended to be effective December 14, 2015, 40 TexReg 8900; amended tobe effective March 6, 2018, 43 TexReg 1283; amended to be effective December 30, 2020, 45 TexReg 9582; amended to be effective January 4, 2024, 48 TexReg 8383 |
