1. (a) Application for permit.

   1. (1) General. The applicant must complete the application, and must comply with the designated methods of payment in subsection (c) of this section prior to contacting the MCD for issuance of a permit. The applicant must list a specific load description, such as the model and serial number for any item of machinery, or in the case of concrete beams, the beam number shall be stated.

      1. (A) The owner of a vehicle permitted under the provisions of Transportation Code, Chapter 623, Subchapter D, must file a surety bond with the MCD as provided in subsection (g)(1) and (2) of this section, or register as a motor carrier in accordance with Transportation Code, Chapters 643 and 645, prior to permit issuance.

      2. (B) When an application is made by telephone, mail, facsimile, or electronically, the permit officer will request all information in the application for entry into the department's computer for record keeping purposes and generation of the permit number. The information will be verified and a route will be selected.

         1. (i) Applications transmitted electronically are considered signed if a digital signature is transmitted with the application and intended by the applicant to authenticate the application.
         2. (ii) The department may only accept a digital signature used to authenticate an application under procedures that comply with any applicable rules adopted by the Department of Information Resources regarding department use or acceptance of a digital signature.

         3. (iii) The department may only accept a digital signature to authenticate an application if the digital signature is:

            1. (I) unique to the person using it;
            2. (II) capable of independent verification;
            3. (III) under the sole control of the person using it; and
            4. (IV) transmitted in a manner that will make it infeasible to change the data in the communication or digital signature without invalidating the digital signature.
      3. (C) The official permit issued by the MCD is stored in the department's mainframe computer located in Austin.
      4. (D) A permit request made by mail or facsimile will be returned to the applicant by mail or facsimile.
      5. (E) The MCD is closed on Sunday, New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
   2. (2) Single-trip permit application. An application for a single-trip permit may be made to the MCD by telephone, by submitting a facsimile permit request, by submitting a permit request electronically, or by taking the application in person to a cash collection office. All applications made by telephone are recorded.
   3. (3) Time permit application. An application for a time permit issued under Transportation Code, Chapter 622, Subchapter E and Chapter 623, Subchapter D, must be submitted by mail, electronically, or by facsimile to the MCD.

2. (b) Permit issuance.

   1. (1) General. The applicant must legibly enter all information and the permit number on the permit, when the permit request is made by telephone.

      1. (A) The original permit, a facsimile copy of the permit, or a MCD computer generated permit must be kept in the permitted vehicle until the day after the date the permit expires.

      2. (B) A permit is void when an applicant:

         1. (i) gives false or incorrect information;
         2. (ii) does not comply with the restrictions or conditions stated in the permit; or
         3. (iii) changes or alters the information on the applicant's copy of the permit.
      3. (C) A permittee may not transport an over dimension load with a void permit; a new permit must be obtained.
   2. (2) Single-trip permit. Specific types of single-trip permits are covered in §28.12 of this title (relating to Single-Trip Permits Issued Under Transportation Code, Chapter 623, Subchapter D), §28.14 of this title (relating to Manufactured Housing, Industrialized Housing and Building Permits), and §28.15 of this title (relating to Portable Building Permits).
   3. (3) Time permit. A time permit may be issued by mail, electronically, or by facsimile. Specific types of time permits are covered in §28.13 of this title (relating to Time Permits Issued Under Transportation Code, Chapter 622, Subchapter E and Chapter 623, Subchapter D).

3. (c) Payment of permit fee.

   1. (1) Credit card. A permit ordered by telephone, electronically, or by facsimile may be purchased with a credit card.

      1. (A) A PAC must be established and maintained according to the contract provisions stipulated between the PAC holder and the financial institution under contract to the department and the Comptroller of Public Accounts.
      2. (B) A permit purchased with a credit card will pay a service charge of $1.00 in addition to the permit fee.

   2. (2) Cash. Cash is acceptable as payment of a permit ordered by telephone, and the payment must be made at a cash collection office. Cash is not the preferred form of payment.

      1. (A) A cashier's check, or a money order is acceptable as payment of a permit, and the payment may be made at a cash collection office or at the MCD prior to receipt of the permit.
      2. (B) A company check or a personal check is not acceptable as payment of a permit.

   3. (3) Escrow accounts. A permit applicant may establish an escrow account with the department for the specific purpose of paying any fee that is related to the issuance of a permit under this subchapter. An escrow account may also be utilized to pay fees related to the issuance of a vehicle storage facility license or a motor carrier registration issued under Chapter 18 of this title (relating to Motor Carriers).

      1. (A) A permit applicant that desires to establish an escrow account shall complete and sign an escrow account agreement, and shall return the completed and signed agreement to the department with a check in the minimum amount of $305, which shall be deposited to the appropriate fund by the department in the State Treasury. In lieu of submitting a check for the initial deposit to an applicant's escrow account, the applicant may transfer funds to the department electronically. Five dollars per deposit will be charged as an escrow account administrative fee and shall be deposited in the state highway fund.
      2. (B) When the permit applicant's escrow account balance has been reduced to $150, the department will notify the holder of the escrow account with instructions to submit a cashier's check or money order, payable to the department in the minimum amount of $305, which shall be used to replenish the escrow account. In lieu of a cashier's check, the escrow account holder may replenish an escrow account by transferring funds to the department electronically.
      3. (C) Upon receipt of a replenishment check or electronic funds transfer, the department will charge $5.00 as an escrow account administrative fee, and will credit the remainder of the transmitted funds to the balance of the escrow account holder.
      4. (D) An escrow account holder must submit a written request to the department to terminate the escrow account agreement. Any remaining balance will be returned to the escrow account holder.
   4. (4) Refunds. A permit fee will not be refunded after the permit number has been issued; however, a refund may be made after permit issuance if it is necessary to correct an error made by the permit officer.

4. (d) Maximum permit weight limits.

   1. (1) General. An overweight permitted vehicle will not be routed over a load restricted bridge, unless a special exception is granted by the MCD, based on an analysis of the bridge.

      1. (A) An axle group must have a minimum spacing of four feet, measured from center of axle to center of axle, between each axle in the group to achieve the maximum permit weight for the group.
      2. (B) The maximum permit weight for an axle group with spacings of five or more feet between each axle will be based on an engineering study conducted by the MCD.
      3. (C) A permitted vehicle will be allowed to have air suspension, hydraulic suspension and mechanical suspension axles in a common weight equalizing suspension system for any axle group.
      4. (D) Two or more consecutive axle groups must have an axle spacing of 12 feet or greater, measured from the center of the last axle of the preceding group to the center of the first axle of the following group, in order for each group to be permitted for maximum permit weight. When two or more consecutive axle groups have an axle spacing of less than 12 feet, measured from the center of the last axle of the preceding group to the center of the first axle of the following group, the department will grant reduced permit weights for each axle group based on the number of axles in the group and the spacing between the groups as shown in the following Appendix A, which is titled "Maximum Permit Weight For Axle Groups Spaced Less Than 12 Feet."

5. (e) Escort vehicle requirements.

   1. (1) General. The operator of an escort vehicle shall, consistent with applicable law, warn the traveling public when a permitted vehicle: must travel over the center line of a narrow bridge or roadway; makes any turning movement that will require the permitted vehicle to travel in the opposing traffic lanes; reduces speed to cross under a low overhead obstruction or over a bridge; or at any time that the permitted vehicle creates an abnormal and unusual traffic flow pattern.

      1. (A) The MCD has the authority to require escort vehicles for the safe movement of a permitted vehicle, except for manufactured housing which has specific requirements established in Transportation Code, Chapter 623, Subchapter E and portable building units and portable building compatible cargo established in Transportation Code, Chapter 623, Subchapter F, provided the MCD has determined that the use of escort vehicles would provide for the safe movement of the permitted vehicle, and would protect the traveling public during the movement of the permitted vehicle.
      2. (B) A motorcycle, a motorized bicycle, or a motorized quadricycle may not be used as the primary escort vehicle for a permitted vehicle traveling on the state highway system; however, a police officer may use a motorcycle to control traffic and to assist the primary escort vehicle during the movement of the permitted vehicle.
      3. (C) The permittee must select and provide for escort vehicles and police assistance when they are required by the MCD.
      4. (D) The permittee must provide any needed assistance from utility companies, telephone companies, television cable companies, etc., when it is necessary to raise or lower any overhead wire, traffic signal, street light, television cable, sign, or other overhead obstruction.
      5. (E) Police assistance may be required by the MCD to control traffic when a permitted vehicle is being moved within the corporate limits of cities, or at such times when police assistance would provide for the safe movement of the permitted vehicle and the traveling public.

   2. (2) Equipment requirements. The following are special equipment requirements for escort vehicles and permitted vehicles.

      1. (A) An escort vehicle must be equipped with two flashing amber lights or one rotating amber beacon of not less than eight inches in diameter, affixed to the roof of the escort vehicle, which must be visible to the front, sides, and rear of the escort vehicle while actively engaged in escort duties for the permitted vehicle.

      2. (B) An escort vehicle must display a sign, on either the roof of the vehicle, or the front or rear of the vehicle, with the words "OVERSIZE LOAD." The sign must meet the following specifications:

         1. (i) Size: at least five feet but not more than seven feet in length, and at least 12 inches but not more than 18 inches in height.
         2. (ii) Color: yellow background with black lettering.
         3. (iii) Size of lettering: at least eight inches but not more than 10 inches high with a brush stroke at least 1.41 inches wide.
         4. (iv) Visibility: The sign must be visible from the front or rear of the vehicle while escorting the permitted vehicle, and such signs must not be used at any other time.
      3. (C) An escort vehicle must maintain two-way radio communications with the permitted vehicle and other escort vehicles involved with the movement of the permitted vehicle.
      4. (D) Warning flags must be either red or orange fluorescent material, at least 18 inches square, securely mounted on a staff or securely fastened by at least one corner to the widest extremities of an overwidth permitted vehicle, and at the rear of an overlength permitted vehicle or a permitted vehicle with a rear overhang in excess of four feet.

6. (f) General provisions.

   1. (1) Multiple commodities.

      1. (A) Except as provided in subparagraph (B) of this paragraph, when a permitted commodity creates a single over dimension, two or more commodities may be hauled as one permit load, provided legal axle and gross loads are not exceeded, and provided no illegal dimension of width, length or height is created or made greater by the additional commodities. For example, a permit issued for the movement of a 12 foot wide storage tank may also include a 10 foot wide storage tank loaded behind the 12 foot wide tank provided that the addition of the 10 foot wide tank does not create an illegal axle or gross weight, or an illegal length, or an illegal height.

      2. (B) When the transport of more than one commodity in a single load creates or makes greater an illegal dimension of length, width, or height the department may issue an oversize permit for such load subject to each of the following conditions.

         1. (i) The permit applicant or the shipper of the commodities files with the department a written certification by the Texas Department of Commerce, approved by the Office of the Governor, attesting that issuing the permit will have a significant positive impact on the economy of Texas and that the proposed load of multiple commodities therefore cannot be reasonably dismantled. As used in this clause the term significant positive impact means the creation of not less than 100 new full-time jobs, the preservation of not less than 100 existing full-time jobs, that would otherwise be eliminated if the permit is not issued, or creates or retains not less than one percent of the employment base in the affected economic sector identified in the certification.
         2. (ii) Transport of the commodities does not exceed legal axle and gross load limits.
         3. (iii) The permit is issued in the same manner and under the same provisions as would be applicable to the transport of a single oversize commodity under this section; provided, however, that the shipper and the permittee also must indemnify and hold harmless the department, its commissioners, officers, and employees from any and all liability for damages or claims of damages including court costs and attorney fees, if any, which may arise from the transport of an oversized load under a permit issued pursuant to this subparagraph.
         4. (iv) The shipper and the permittee must file with the department a certificate of insurance on a form prescribed by the department, or otherwise acceptable to the department, naming the department, its commissioners, officers, and employees as named or additional insurers on its comprehensive general liability insurance policy for coverage in the amount of $5 million per occurrence, including court costs and attorney fees, if any, which may arise from the transport of an oversized load under a permit issued pursuant to this subparagraph. The insurance policy to be procured from a company licensed to transact insurance business in the State of Texas.
         5. (v) The shipper and the permittee must file with the department, in addition to all insurance provided in clause (iv) of this subparagraph, a certificate of insurance on a form prescribed by the department, or otherwise acceptable to the department, naming the department, its commissioners, officers, and employees as insurers under an auto liability insurance policy for the benefit of said insurers in an amount of $5 million per accident. The insurance policy to be procured from a company licensed to transact insurance business in the State of Texas. If the shipper or the permittee is self-insured with regard to automobile liability then that party must take all steps and perform all acts necessary under the law to indemnify the department, its commissioners, officers, and employees as if the party had contracted for insurance pursuant to, and in the amount set forth in, the preceding sentence and shall agree to so indemnify the department, its commissioners, officers, and employees in a manner acceptable to the department.
         6. (vi) Issuance of the permit is approved by written order of the commission which written order may be, among other things, specific as to duration and routes.
      3. (C) An applicant requesting a permit to haul a dozer and its detached blade may be issued a permit, as a non-dismantable load, if removal of the blade will decrease the overall width of the load, thereby reducing the hazard to the traveling public.
   2. (2) Oversize hauling equipment. A vehicle that exceeds the legal size limits, as set forth by Transportation Code, Chapter 621, Subchapter C, may only haul a load that exceeds legal size limits, but such vehicle may haul an overweight load that does not exceed legal size limits, except for the special exception granted in §28.13(b)(3) of this title (relating to Time Permits) issued under Transportation Code, Chapter 623, Subchapter D.

   3. (3) Registration. A vehicle registered with a permit plate will not be permitted under Transportation Code, Chapter 623, Subchapter D. A permitted vehicle operating under Transportation Code, Chapter 623, Subchapter D, must be registered with one of the following types of vehicle registration:

      1. (A) current Texas license plates that indicate the permitted vehicle is registered for maximum legal gross weight or the maximum weight the vehicle can transport;
      2. (B) Texas 72/144-hour temporary registration;
      3. (C) current out-of-state license plates that are apportioned for travel in Texas; or
      4. (D) foreign commercial vehicles registered under annual registration.

   4. (4) Restrictions pertaining to road conditions. Movement of a permitted vehicle is prohibited when:

      1. (A) visibility is reduced to less than 2/10 of one mile; or

      2. (B) the road surface is hazardous due to:

         1. (i) weather conditions such as rain, ice, sleet, or snow; or
         2. (ii) highway maintenance or construction work.
   5. (5) Daylight and night movement restrictions. A permitted vehicle may be moved only during daylight unless an exception is granted based on a route and traffic study conducted by the MCD.
   6. (6) Curfew restrictions. The operator of a permitted vehicle must observe the curfew movement restrictions of any city in which the vehicle is operated.

   7. (7) Amendments. A permit may be amended for the following reasons:

      1. (A) vehicle breakdown;
      2. (B) changing the intermediate points in an approved permit route;
      3. (C) extending expiration date due to vehicle breakdown;
      4. (D) extending expiration date due to weather conditions which would not allow the move to start on time or caused the move to be delayed;
      5. (E) changing route origin, route destination, or vehicle size limits, provided the permit has not begun; and
      6. (F) correcting any mistake that is made due to permit officer error.

7. (g) Surety bonds.

   1. (1) General. The following conditions apply to surety bonds specified in Transportation Code, §622.013, §623.075, and §623.163.

      1. (A) The surety bond must:

         1. (i) be made payable to the department with the condition that the applicant will pay the department for any damage caused to the highway by the operation of the equipment covered by the surety bond;
         2. (ii) be issued on an annual basis with an expiration date of August 31;
         3. (iii) include the complete mailing address and zip code of the principal;
         4. (iv) be filed with the MCD and have an original signature of the principal;
         5. (v) have a single entity as principal with no other principal names listed;
         6. (vi) be countersigned by a Texas resident agent of the surety company issuing the surety bond, if it is not issued in the State of Texas.
      2. (B) A certificate of continuation will not be accepted.
      3. (C) The owner of a vehicle bonded under Transportation Code, §622.013, §623.075, and §623.163, that damages the state highway system as a result of the permitted vehicle's movement will be notified by certified mail of the amount of damage and will be given 30 days to submit payment for such damage. Failure to make payment within 30 days will result in the department's placing the claim with the attorney general for collection.
      4. (D) The venue of any suit for a claim against a surety bond for the movement of a vehicle permitted under the provisions of Transportation Code, Chapter 623, Subchapter D, will be any court of competent jurisdiction in Travis County.

   2. (2) Permit surety bonds.

      1. (A) A surety bond required under the provisions of Transportation Code, Chapter 623, Subchapter D, must be submitted on the department's standard surety bond form, Form 439; and be in the amount of $10,000.
      2. (B) An applicant desiring a permit for a load exceeding 250,000 pounds gross weight must obtain a surety bond, issued on Form 440, in the amount of $100,000.
      3. (C) A facsimile copy of the surety bond is acceptable in lieu of the original surety bond, for a period not to exceed 10 days from the date of its receipt in the MCD. If the original surety bond has not arrived in the MCD by the end of the 10 days, the applicant will not be issued a permit until the original surety bond has been received in the MCD.
      4. (D) The surety bond requirement does apply to the delivery of farm equipment to a farm equipment dealer.
      5. (E) A surety bond is required when a dealer or transporter of farm equipment or a manufacturer of farm equipment obtains a permit.
      6. (F) The surety bond requirement does not apply to driving or transporting farm equipment which is being used for agricultural purposes if it is driven or transported by or under the authority of the owner of the equipment.
      7. (G) The surety bond requirement does not apply to a vehicle or equipment operated by a motor carrier registered with the department under Transportation Code, Chapters 643 or 645 as amended.

   3. (3) Ready-mix concrete and concrete pump trucks, or solid waste vehicle, and recyclable materials surety bonds.

      1. (A) A surety bond is required for a vehicle operated under provisions of Transportation Code, §622.013, §622.134 or §623.163. The surety bond must:

         1. (i) be in the amount of $1,000 per vehicle (For example, if 10 trucks are covered by the surety bond then the total amount of the surety bond would be $10,000);
         2. (ii) indicate the total amount of coverage; and
         3. (iii) be submitted in duplicate to the MCD on Form 1382 or Form 1575.
      2. (B) Form 1382-A or Form 1576 must be completed in duplicate and submitted to the MCD for certification of each vehicle bonded under Forms 1382 or Form 1575.
      3. (C) The MCD will certify and return to the principal, one copy of Form 1382 or Form 1575, and one copy of Form 1382-A or Form 1576.
      4. (D) The original Form 1382-A or Form 1576 must be carried in the cab of the bonded vehicle.
      5. (E) When a vehicle is added, a new Form 1382 or Form 1575 must be submitted to the MCD that indicates the new increased amount of the surety bond.
      6. (F) Form 1383 or Form 1577 must be used to add or delete a vehicle covered by Form 1382 or Form 1575, and must be completed in duplicate and submitted to the MCD for certification.
      7. (G) The MCD will certify and return to the principal, one copy of Form 1383 or Form 1577 when a new vehicle is added to the surety bond. When a vehicle is dropped from the surety bond the MCD will make the necessary revision to the principal's file.
      8. (H) Form 1383 or Form 1577 must be carried in the cab of the bonded vehicle.
      9. (I) A facsimile copy of Forms 1382, 1382-A, 1383, 1575, 1576 or 1577 is not acceptable in lieu of the original surety bond.

Source Note:The provisions of this §28.11 adopted to be effective October 13, 1994, 19 TexReg 7810; amended to be effective December 26, 1995, 20 TexReg 10656; amended to be effective January 8, 1998, 23 TexReg 155.