| (a) The definitions contained in Transportation Code,
Chapters 621, 622, and 623 apply to this chapter. In the event of
a conflict with this chapter, the definitions contained in Transportation
Code, Chapters 621, 622, and 623 control.
(b) The following words and terms, when used in this
chapter, will have the following meanings, unless the context clearly
indicates otherwise.
(1) Annual permit--A permit that authorizes movement
of an oversize and/or overweight load for one year commencing with
the effective date.
(2) Applicant--Any person, firm, or corporation requesting
a permit.
(3) Axle--The common axis of rotation of one or more
wheels whether power-driven or freely rotating, and whether in one
or more segments.
(4) Axle group--An assemblage of two or more consecutive
axles, with two or more wheels per axle, spaced at least 40 inches
from center of axle to center of axle, equipped with a weight-equalizing
suspension system that will not allow more than a 10% weight difference
between any two axles in the group.
(5) Closeout--The procedure used by the department
to terminate a permit, issued under Transportation Code, §623.142
or §623.192 that will not be renewed by the applicant.
(6) Complete identification number--A unique and distinguishing
number assigned to equipment or a commodity for purposes of identification.
(7) Concrete pump truck--A self-propelled vehicle designed
to pump the concrete product from a ready mix truck to the point of
construction.
(8) Crane--Any unladen lift equipment motor vehicle
designed for the sole purpose of raising, shifting, or lowering heavy
weights by means of a projecting, swinging mast with an engine for
power on a chassis permanently constructed or assembled for such purpose.
(9) Day-A calendar day.
(10) Daytime--As defined in Transportation Code, §541.401.
(11) Digital signature--An electronic identifier intended
by the person using it to have the same force and effect as a manual
signature. The digital signature shall be unique to the person using
it.
(12) Electronic identifier--A unique identifier which
is distinctive to the person using it, is independently verifiable,
is under the sole control of the person using it, and is transmitted
in a manner that makes it infeasible to change the data in the communication
or digital signature without invalidating the digital signature.
(13) Escort flag vehicle--A vehicle that precedes or
follows an oversize or overweight vehicle to facilitate the safe movement
of the oversize or overweight vehicle over roads.
(14) Four-axle group--Any four consecutive axles, having
at least 40 inches from center of axle to center of axle, whose extreme
centers are not more than 192 inches apart and are individually attached
to or articulated from, or both, to the vehicle by a weight equalizing
suspension system.
(15) Gauge--The transverse spacing distance between
tires on an axle, expressed in feet and measured to the nearest inch,
from center-of-tire to center-of-tire on an axle equipped with only
two tires, or measured to the nearest inch from the center of the
dual wheels on one side of the axle to the center of the dual wheels
on the opposite side of the axle.
(16) Gross weight--The unladen weight of a vehicle
or combination of vehicles plus the weight of the load being transported.
(17) Height pole--A device made of a non-conductive
material, used to measure the height of overhead obstructions.
(18) Highway maintenance fee--A fee established by
Transportation Code, §623.077, based on gross weight, and paid
by the permittee when the permit is issued.
(19) Highway use factor--A mileage reduction figure
used in the calculation of a permit fee for a permit issued under
Transportation Code, §623.142 and §623.192.
(20) Hubometer--A mechanical device attached to an
axle on a unit or an unladen lift equipment motor vehicle for recording
mileage traveled.
(21) HUD label number--A unique number assigned to
a manufactured home by the U.S. Department of Housing and Urban Development.
(22) Indirect cost share--A prorated share of administering
department activities, other than the direct cost of the activities,
including the cost of providing statewide support services.
(23) Load-restricted bridge--A bridge that is restricted
by the Texas Department of Transportation, under the provisions of
Transportation Code, §621.102, to a weight limit less than the
maximum amount allowed by Transportation Code, §621.101.
(24) Load-restricted road--A road that is restricted
by the Texas Department of Transportation, under the provisions of
Transportation Code, §621.102, to a weight limit less than the
maximum amount allowed by Transportation Code, §621.101.
(25) Manufactured home--Manufactured housing, as defined
in Occupations Code, Chapter 1201, and industrialized housing and
buildings, as defined in Occupations Code, §1202.002, and temporary
chassis systems, and returnable undercarriages used for the transportation
of manufactured housing and industrialized housing and buildings,
and a transportable section which is transported on a chassis system
or returnable undercarriage that is constructed so that it cannot,
without dismantling or destruction, be transported within legal size
limits for motor vehicles.
(26) Motor carrier--A person that controls, operates,
or directs the operation of one or more vehicles that transport persons
or cargo over a public highway in this state, as defined by Transportation
Code, §643.001.
(27) Nighttime-As defined in Transportation Code, §541.401.
(28) Nondivisible load or vehicle--
(A) A nondivisible load or vehicle is defined as follows:
(i) Any load or vehicle exceeding applicable length
or weight limits which, if separated into smaller loads or vehicles,
would:
(I) compromise the intended use of the vehicle, i.e.,
make it unable to perform the function for which it was intended;
(II) destroy the value of the load or vehicle, i.e.,
make it unusable for its intended purpose; or
(III) require more than eight workhours to dismantle
using appropriate equipment. The applicant for a nondivisible load
permit has the burden of proof as to the number of workhours required
to dismantle the load.
(ii) Emergency response vehicles, including those loaded
with salt, sand, chemicals or a combination thereof, with or without
a plow or blade attached in front, and being used for the purpose
of spreading the material on highways that are or may become slick
or icy.
(iii) Casks designed for the transport of spent nuclear
materials.
(iv) Military vehicles transporting marked military
equipment or materiel.
(B) A vehicle or load that exceeds legal weight (without
the properly secured components) and for which an appropriate permit
is obtained from the department under this chapter may travel as a
mobile vehicle or as a load, as applicable, with properly secured
components in accordance with the manufacturer's specifications to
the extent the components are necessary for the vehicle or load to
perform its intended function or purpose, provided the axle weights,
axle group weights, and gross weight do not exceed the maximum applicable
permit weights listed in this chapter. For example, a crane permitted
under Subchapter E of this chapter that exceeds legal weight without
the properly secured components may travel with properly secured components,
such as outriggers, booms, counterweights, jibs, blocks, balls, cribbing,
outrigger pads, and outrigger mats, in accordance with the manufacturer's
specifications to the extent the components are necessary for the
crane to perform its intended function, provided the axle weights,
axle group weights, and gross weight do not exceed the maximum permit
weights listed in Subchapter E of this chapter. An example of a load
being transported is a dozer with the blade detached that is permitted
under §219.12 of this title (relating to Single-Trip Permits
Issued under Transportation Code, Chapter 623, Subchapter D) when
both are being transported on a trailer or semitrailer if the dozer
without the blade is overweight, provided the axle weights, axle group
weights, and gross weight do not exceed the maximum permit weights
listed in §219.12.
(29) Oil field rig-up truck--An unladen vehicle with
an overweight single steering axle, equipped with a winch and set
of gin poles used for lifting, erecting, and moving oil well equipment
and machinery.
Cont'd... |
