| (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) Board--The Board of the Texas Department of Motor
Vehicles.
(6) 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.
(7) Complete identification number--A unique and distinguishing
number assigned to equipment or a commodity for purposes of identification.
(8) Concrete pump truck--A self-propelled vehicle designed
to pump the concrete product from a ready mix truck to the point of
construction.
(9) 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.
(10) Credit card--A credit card approved by the department.
(11) Daylight--The period beginning one-half hour before
sunrise and ending one-half hour after sunset.
(12) Department--The Texas Department of Motor Vehicles.
(13) 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.
(14) Director--The Executive Director of the Texas
Department of Motor Vehicles or a designee not below the level of
division director.
(15) District--One of the 25 geographical areas, managed
by a district engineer of the Texas Department of Transportation,
in which the Texas Department of Transportation conducts its primary
work activities.
(16) District engineer--The chief executive officer
in charge of a district of the Texas Department of Transportation.
(17) 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.
(18) 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.
(19) 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.
(20) 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.
(21) Gross weight--The unladen weight of a vehicle
or combination of vehicles plus the weight of the load being transported.
(22) Height pole--A device made of a non-conductive
material, used to measure the height of overhead obstructions.
(23) 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.
(24) 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.
(25) Hubometer--A mechanical device attached to an
axle on a unit or a crane for recording mileage traveled.
(26) HUD number--A unique number assigned to a manufactured
home by the U.S. Department of Housing and Urban Development.
(27) 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.
(28) 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.
(29) 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.
(30) Machinery plate--A license plate issued under
Transportation Code, §502.146.
(31) 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.
(32) 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.
(33) Motor carrier registration (MCR)--The registration
issued by the department to motor carriers moving intrastate, under
authority of Transportation Code, Chapter 643.
(34) Nighttime--The period beginning one-half hour
after sunset and ending one-half hour before sunrise, as defined by
Transportation Code, §541.401.
(35) Nondivisible load or vehicle--
(A) 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.
(B) 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.
(C) Casks designed for the transport of spent nuclear
materials
(D) Military vehicles transporting marked military
equipment or materiel.
(36) 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.
(37) Oil well servicing unit--An oil well clean-out
unit, oil well drilling unit, or oil well swabbing unit, which is
mobile equipment, either self-propelled or trailer-mounted, constructed
as a machine used solely for cleaning-out, drilling, servicing, or
swabbing oil wells, and consisting in general of, but not limited
to, a mast, an engine for power, a draw works, and a chassis permanently
constructed or assembled for this purpose.
(38) One trip registration--Temporary vehicle registration
issued under Transportation Code, §502.095.
(39) Overdimension load--A vehicle, combination of
vehicles, or vehicle and its load that exceeds maximum legal width,
height, length, overhang, or weight as set forth by Transportation
Code, Chapter 621, Subchapters B and C.
Cont'd... |
