| (a) Purpose. In accordance with Transportation Code, §623.011,
the department is authorized under certain conditions to issue an
annual permit for the operation of a vehicle within certain tolerances
above legal axle and gross weight limits, as provided in Transportation
Code, Chapter 621.
(b) Scope. A permit may be issued to an applicant under
this section to operate a vehicle that exceeds the legal axle weight
by a tolerance of 10% and the legal gross weight by a tolerance of
5.0% on any county road and on any road in the state highway system
provided the vehicle:
(1) is not operated on the national system of interstate
and defense highways at a weight greater than authorized by federal
law; and
(2) is not operated on a bridge for which the maximum
weight and load limit has been established and posted under Transportation
Code, §621.102 or §621.301, if the gross weight of the vehicle
and load or the axles and wheel loads are greater than the established
and posted limits, unless the bridge provides the only public vehicular
access to or from the permittee's origin or destination.
(c) Application for permit.
(1) To qualify for a permit under this section, a person
must submit an application to the department.
(2) The application shall be in a form prescribed by
the department and at a minimum will require the following:
(A) name, customer identification number, and address
of the applicant;
(B) name, telephone number, and email address of contact
person;
(C) vehicle information, including truck year, make,
license plate number and state of issuance, and vehicle identification
number;
(D) an indication as to whether the commodities to
be transported will be agricultural or non-agricultural;
(E) a list of counties in which the vehicle will operate;
and
(F) applicant's USDOT Number if applicant is required
by law to have a USDOT Number.
(3) The application shall be accompanied by:
(A) the total permit fee, which includes an administrative
fee of $5, the base fee, and the applicable annual fee based on the
number of counties designated for travel; and
(B) an original bond or irrevocable letter of credit
as required in Transportation Code §623.012.
(d) Issuance of permit and windshield sticker.
(1) A permit and a windshield sticker will be issued
on the approval of the application and each will be mailed to the
applicant at the address contained in the application.
(2) The permit shall be carried in the vehicle for
which the permit is issued at all times.
(3) The windshield sticker shall be affixed to the
inside of the windshield of the vehicle in accordance with the diagram
printed on the back of the sticker in a manner that will not obstruct
the vision of the driver. Any attempt to remove the sticker from the
windshield will render the sticker void, and will require a new permit
and sticker. The windshield sticker must be removed from the vehicle
upon expiration of the permit.
(4) A replacement sticker for a lost, stolen, or mutilated
windshield sticker may be issued, provided that the permittee submits
a request on a form approved by the department which shall include
a statement, signed by the permittee, affirming that the sticker was
lost, stolen, or mutilated. The replacement sticker shall only be
valid for the permitted vehicle. The cost for a replacement sticker
is $3.00.
(e) Issuance of a credit. Upon written application
on a form prescribed by the department, a prorated credit for the
remaining time on the permit may be issued for a vehicle that is destroyed
or otherwise becomes permanently inoperable to an extent that it will
no longer be utilized. The date for computing a credit will be based
on the date of receipt of the credit request. The fee for a credit
will be $25, and will be issued on condition that the applicant provides
to the department:
(1) the original permit; or
(2) if the original permit no longer exists, written
evidence of the destruction or permanent incapacity from the insurance
carrier of the vehicle.
(f) Use of credit. A credit issued under subsection
(e) of this section may be used only towards the payment of permit
fees under this section.
(g) Lapse or termination of permit. A permit shall
lapse or terminate and the windshield sticker must be removed from
the vehicle:
(1) when the lease of the vehicle expires;
(2) on the sale of the vehicle for which the permit
was issued;
(3) on the sale, takeover, or dissolution of the firm,
partnership, or corporation to which a permit was issued; or
(4) if the permittee does not replace or replenish
the letter of credit or bond as required by Transportation Code, §623.012.
|
| Source Note: The provisions of this §219.30 adopted to be effective October 13, 1994, 19 TexReg 7820; amended to be effective December 26, 1995, 20 TexReg 10656; amended to be effective February 21, 1999, 24 TexReg 1221; amended to be effective November 21, 1999, 24 TexReg 10143; amended to be effective December 5, 2001, 26 TexReg 9929; 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 June 28, 2015, 40 TexReg 4003; amended to be effective January4,2024, 48 TexReg 8383; amended to be effective July 18, 2024, 49 TexReg 5161 |
