| (a) Purpose. In accordance with Transportation Code,
Chapter 623, Subchapter R, and 23 U.S.C. §127(i), the department
may issue a special permit that authorizes additional weight allowances
for the transportation of certain divisible loads on state highways
in Texas during a major disaster declared by the president of the
United States under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. §5121 et seq.). This section prescribes
the requirements, restrictions, and procedures regarding this permit.
(b) Application for permit.
(1) To obtain a Federal Disaster Relief Permit, 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 vehicle year, make,
license plate number and state of issuance, and vehicle identification
number;
(D) the applicable attestation(s); and
(E) applicant's USDOT Number if applicant is required
by law to have a USDOT Number.
(c) Conditions and restrictions. This permit is subject
to the following conditions and restrictions:
(1) The vehicle and load must not exceed the following
weight limits:
(A) single axle--21,500 pounds;
(B) two-axle group--43,000 pounds;
(C) three-axle group--53,000 pounds. For the purposes
of this section, a three-axle group is three consecutive axles more
than 8 feet apart but less than 13 feet apart, measured from the center
of the first axle to the center of the last axle in the group; and
(D) gross weight--160,000 pounds.
(2) The permitted vehicle must not cross a load-restricted
bridge or travel on a load-restricted state highway when exceeding
the posted capacity of the bridge or state highway.
(3) Nighttime movement is allowed under this permit,
unless prohibited by the curfew movement restrictions published by
the department
(4) The operator of a permitted vehicle must observe
the curfew movement restrictions published by the department.
(5) The permit does not authorize the vehicle to exceed
the manufacturer's tire load rating.
(6) The permit is not transferable from the applicant
to another person or entity. Also, the permit is not transferable
between vehicles.
(7) The permit will expire 120 days after the date
of the major disaster declaration.
(8) The permit may not be used in conjunction with
any other oversize or overweight permits.
(9) If the vehicle is being used to deliver relief
supplies, the entire load must consist of relief supplies, which may
include, but are not limited to:
(A) medicine and medical equipment;
(B) food supplies (including feed for livestock);
(C) water;
(D) materials used to provide or construct temporary
housing;
(E) other supplies directly supporting the type of
relief needed following a presidential declaration of a major disaster;
and
(F) other materials as authorized by federal law or
regulation; the United States Department of Transportation, Federal
Highway Administration; or the president of the United States.
(10) If the vehicle is being used to deliver relief
supplies, the permit only authorizes delivery to a destination that
is part of the geographical area covered by the president's major
disaster declaration.
(11) If the vehicle is being used to transport materials
from a geographical area covered by the president's major disaster
declaration, the permit only authorizes loads which are necessary
to facilitate the delivery of relief supplies to the geographical
area covered by the president's major disaster declaration. An example
of an authorized load is debris, as long as the removal of the debris
expedites the clearing of roadways, staging areas, or locations for
temporary structures in order to facilitate the delivery of relief
supplies. However, the permit will only authorize such divisible overweight
load if the permit expressly authorizes it.
(d) Copy of permit and notice of current disaster declaration.
A copy of the permit and notice of the president's current major disaster
declaration, including any amendments, must be kept in the permitted
vehicle until the day after the date the permit expires.
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