The following words and terms, when used in this chapter, will have the following meanings, unless the context clearly indicates otherwise.

1. (1) Annual permit--A permit that authorizes movement of an overdimension load for one year commencing with the "movement to begin" date.
2. (2) Applicant--Any person, firm, or corporation requesting a permit.
3. (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. (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. (5) Cash collection office--An office that has been designated as the place where a permit applicant can apply for a permit or pay for a permit with cash, cashier's check, personal or business check, or money order.
6. (6) Closeout--The procedure used by the MCD to terminate a permit, issued under Transportation Code, §623.142 or §623.192 that will not be renewed by the applicant.
7. (7) Commission--The Texas Transportation Commission.
8. (8) Complete identification number--A unique and distinguishing number assigned to equipment or a commodity for purposes of identification.
9. (9) Concrete pump truck--A self propelled vehicle designed to pump the concrete product from a ready mix truck to the point of construction.
10. (10) 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.
11. (11) Credit card--A credit card approved by the department and a permit account card.
12. (12) Daylight--The period beginning one-half hour before sunrise and ending one-half hour after sunset.
13. (13) Department--The Texas Department of Transportation.
14. (14) 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.
15. (15) Director--The Executive Director of the Texas Department of Transportation or a designee not below the level of division director.
16. (16) District--One of the 25 geographical areas, managed by a district engineer, in which the department conducts its primary work activities.
17. (17) District engineer--The chief executive officer in charge of a district of the department.
18. (18) 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.
19. (19) Escort vehicle--A motor vehicle used to warn traffic of the presence of a permitted vehicle.
20. (20) Foreign commercial vehicle annual registration--An annual registration permit issued by the department to foreign commercial vehicles under authority of Transportation Code, §502.353.
21. (21) 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.
22. (22) 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.
23. (23) Gross weight--The unladen weight of a vehicle or combination of vehicles plus the weight of the load being transported.
24. (24) Height pole--A device made of a non-conductive material, used to measure the height of overhead obstructions.
25. (25) 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.
26. (26) 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.
27. (27) Hubometer--A mechanical device attached to an axle on a unit or a crane for recording mileage traveled.
28. (28) HUD number--A unique number assigned to a manufactured home by the U.S. Department of Housing and Urban Development.
29. (29) 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.
30. (30) Load-restricted bridge--A bridge that is restricted by the commission, under the provisions of Transportation Code, §621.102, to a weight limit less than the maximum amount allowed by Transportation Code, §621.101.
31. (31) Load-restricted road--A road that is restricted by the commission, under the provisions of Transportation Code, §621.102, to a weight limit less than the maximum amount allowed by Transportation Code, §621.101.
32. (32) Machinery plate--A license plate issued under Transportation Code, §504.504.
33. (33) 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.
34. (34) 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 in §18.2 of this title (relating to Definitions).
35. (35) Motor Carrier Division (MCD)--The Motor Carrier Division of the department.
36. (36) Motor carrier registration (MCR)--The registration issued by the department to motor carriers moving intrastate, under authority of Transportation Code, Chapter 643 as amended.
37. (37) Nighttime--The period beginning one-half hour after sunset and ending one-half hour before sunrise, as defined by Transportation Code, §541.401.
38. (38) Nondivisible load--A load that cannot be reduced to a smaller dimension without compromising the integrity of the load or requiring more than eight hours of work using appropriate equipment to dismantle.
39. (39) 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.
40. (40) 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.
41. (41) One trip registration--Temporary vehicle registration issued under Transportation Code, §502.354.
42. (42) 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.
43. (43) Overhang--The portion of a load extending beyond the front or rear of a vehicle or combination of vehicles.
44. (44) Overheight--An overdimension load that exceeds the maximum height specified in Transportation Code, §621.207.
45. (45) Overlength--An overdimension load that exceeds the maximum length specified in Transportation Code, §621.203, §621.204, §621.205, and §621.206.
46. (46) Overweight--An overdimension load that exceeds the maximum weight specified in Transportation Code, §621.101.
47. (47) Overwidth--An overdimension load that exceeds the maximum width specified in Transportation Code, §621.201.
48. (48) Permit--Authority for the movement of an overdimension load, issued by the MCD under Transportation Code, Chapter 623.
49. (49) Permit account card (PAC)--A debit card that can only be used to purchase a permit or temporary vehicle registration and which is issued by a financial institution that is under contract to the department and the Comptroller of Public Accounts.
50. (50) Permit officer--An employee of the MCD who is authorized to issue an oversize/overweight permit or temporary vehicle registration.
51. (51) Permit plate--A license plate issued under Transportation Code, §504.504, to a crane or an oil well servicing vehicle.
52. (52) Permitted vehicle--A vehicle, combination of vehicles, or vehicle and its load operating under the provisions of a permit.
53. (53) Permittee--Any person, firm, or corporation that is issued an oversize/overweight permit or temporary vehicle registration by the MCD.
54. (54) Pipe box--A container specifically constructed to safely transport and handle oil field drill pipe and drill collars.
55. (55) Portable building compatible cargo--Cargo, other than a portable building unit, that is manufactured, assembled, or distributed by a portable building unit manufacturer and is transported in combination with a portable building unit.
56. (56) Portable building unit--The pre-fabricated structural and other components incorporated and delivered by the manufacturer as a complete inspected unit with a distinct serial number whether in fully assembled, partially assembled, or kit (unassembled) configuration when loaded for transport.
57. (57) Principal--The person, firm, or corporation that is insured by a surety bond company.
58. (58) Recyclable materials--Material that has been recovered or diverted from the solid waste stream for purposes of reuse, recycling, or reclamation, a substantial portion of which is consistently used in the manufacture of products which may otherwise be produced using raw or virgin materials. Recycled material is not solid waste unless the material is deemed to be hazardous solid waste by the Administrator of the United States Environmental Protection Agency, whereupon it shall be regulated accordingly unless it is otherwise exempted in whole or in part from regulation under the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.), by Environmental Protection Agency regulation. However, recyclable material may become solid waste at such time, if any, as it is abandoned or disposed of rather than recycled, whereupon it will be solid waste with respect only to the party actually abandoning or disposing of the material.
59. (59) Registration reduction--A 25% reduction of the permit fee that applies to a crane or oil well servicing unit registered for maximum legal weight.
60. (60) Shipper--Person who consigns the movement of a shipment.
61. (61) Shipper's certificate of weight--A form approved by the department in which the shipper certifies to the maximum weight of the shipment being transported.
62. (62) Single axle--An assembly of two or more wheels whose centers are in one transverse vertical plane or may be included between two parallel transverse planes 40 inches apart extending across the full width of the vehicle.
63. (63) Single state registration (SSR)--Interstate registration authority issued to motor carriers under authority of 49 U.S.C. §14504 and Transportation Code, Chapter 645.
64. (64) Single-trip permit--A permit issued for an overdimension load for a single continuous movement over a specific route for an amount of time necessary to make the movement.
65. (65) State highway--A highway or road under the jurisdiction of the Texas Department of Transportation.
66. (66) State highway system--A network of roads and highways as defined by Transportation Code, §221.001.
67. (67) Surety bond--An agreement issued by a surety bond company to a principal that pledges to compensate the department for any damage that might be sustained to the highways and bridges by virtue of the operation of the equipment for which a permit was issued. A surety bond is effective the day it is issued and expires at the end of the state fiscal year, which is August 31st. For example, if you obtain a surety bond on August 30th, it will expire the next day at midnight.
68. (68) Tare weight--The empty weight of any vehicle transporting an overdimension load.
69. (69) Temporary vehicle registration--A 72-hour temporary vehicle registration, 144-hour temporary vehicle registration, or one-trip registration, as defined by Transportation Code, §502.352.
70. (70) Three-axle group--Any three consecutive axles, having at least 40 inches from center of axle to center of axle, whose extreme centers are not more than 144 inches apart, and are individually attached to or articulated from, or both, to the vehicle by a weight equalizing suspension system.
71. (71) Time permit--A permit issued for a specified period of time under §28.13 of this title (relating to Time Permits issued under Transportation Code, Chapter 623, Subchapter D) and in accordance with Transportation Code, Chapter 623.
72. (72) Traffic control device--All traffic signals, signs, and markings, including their supports, used to regulate, warn, or control traffic.
73. (73) Trailer mounted unit--An oil well clean-out, drilling, servicing, or swabbing unit mounted on a trailer, constructed as a machine used 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.
74. (74) Truck--A motor vehicle designed, used, or maintained primarily for the transportation of property.

75. (75) Truck-tractor--A motor vehicle designed or used primarily for drawing another vehicle:

    1. (A) that is not constructed to carry a load other than a part of the weight of the vehicle and load being drawn; or
    2. (B) that is engaged with a semitrailer in the transportation of automobiles or boats and that transports the automobiles or boats on part of the truck-tractor.
76. (76) Trunnion axle--Two individual axles mounted in the same transverse plane, with four tires on each axle, that are connected to a pivoting wrist pin that allows each individual axle to oscillate in a vertical plane to provide for constant and equal weight distribution on each individual axle at all times during movement.
77. (77) Trunnion axle group--Two or more consecutive trunnion axles whose centers are at least 40 inches apart and which are individually attached to or articulated from, or both, to the vehicle by a weight equalizing suspension system.
78. (78) Two-axle group--Any two consecutive axles whose centers are at least 40 inches but not more than 96 inches apart and are individually attached to or articulated from, or both, to the vehicle by a weight equalizing suspension system.
79. (79) Unit--Oil well clean-out unit, oil well drilling unit, oil well servicing unit, and/or oil well swabbing unit.
80. (80) Unladen lift equipment motor vehicle--A motor vehicle designed for use as lift equipment used solely to raise, shift, or lower heavy weights by means of a projecting, swinging mast with an engine for power on a chassis permanently constructed or assembled for such purpose.
81. (81) Variable load suspension axles--Axles, whose controls must be located outside of and be inaccessible from the driver's compartment, that can be regulated, through the use of hydraulic and air suspension systems, mechanical systems, or a combination of these systems, for the purpose of adding or decreasing the amount of weight to be carried by each axle during the movement of the vehicle.
82. (82) Vehicle--Every device in or by which any person or property is or may be transported or drawn upon a public highway, except devices used exclusively upon stationary rails or tracks.
83. (83) Vehicle identification number--A unique and distinguishing number assigned to a vehicle by the manufacturer or by the department in accordance with §17.3(b) of this title (relating to Motor Vehicle Certificates of Title) for the purpose of identification.
84. (84) Vehicle supervision fee--A fee required by Transportation Code, §623.078, paid by the permittee to the department, designed to recover the direct cost of providing safe transportation of a permit load exceeding 200,000 pounds gross weight over a state highway, including the cost for bridge structural analysis, monitoring the progress of the trip, and moving and replacing traffic control devices.
85. (85) Water Well Drilling Machinery--Machinery used exclusively for the purpose of drilling water wells, including machinery that is a unit or a unit mounted on a conventional vehicle or chassis.
86. (86) Weight-equalizing suspension system--An arrangement of parts designed to attach two or more consecutive axles to the frame of a vehicle in a manner that will equalize the load between the axles.
87. (87) Windshield sticker--Identifying insignia indicating that an over axle/over gross weight tolerance permit has been issued in accordance with Subchapter C of this chapter (relating to Permits for Over Axle and Over Gross Weight Tolerances) and Transportation Code, §623.011.
88. (88) Year--A time period consisting of 12 consecutive months that commences with the "movement to begin" date stated in the permit.
89. (89) 72-hour temporary vehicle registration--Temporary vehicle registration issued by the MCD authorizing a vehicle to operate at maximum legal weight on a state highway for a period not longer than 72 consecutive hours, as prescribed by Transportation Code, §502.352.
90. (90) 144-hour temporary vehicle registration--Temporary vehicle registration issued by the MCD authorizing a vehicle to operate at maximum legal weight on a state highway for a period not longer than 144 consecutive hours, as prescribed by Transportation Code, §502.352.

Source Note:The provisions of this §28.2 adopted to be effective October 13, 1994, 19 TexReg 7809; amended to be effective December 26, 1995, 20 TexReg 10655; amended to be effective July 9, 1996, 21 TexReg 5982; amended to be effective January 8, 1998, 23 TexReg 155; amended to be effective February 21, 1999, 24 TexReg 1221; amended to be effective January 9, 2005, 29 TexReg 12246; amended to be effective June 1, 2008, 33 TexReg 3776.