1. (a) Purpose. In accordance with Transportation Code, §623.011, the department is authorized under certain conditions to issue an annual permit for the operation of a vehicle within certain tolerances above legal axle and gross weight limits, as provided in Transportation Code, Chapter 621. The sections under this subchapter set forth the requirements and procedures to be used in issuing an annual permit.

2. (b) Scope. A permit may be issued to an applicant under this subchapter to operate a vehicle that exceeds the legal axle weight by a tolerance of 10% and the legal gross weight by a tolerance of 5.0% on any county road and on any road in the state highway system provided the vehicle:

   1. (1) is not operated on the national system of interstate and defense highways at a weight greater than authorized by federal law; and
   2. (2) is not operated on a bridge for which the maximum weight and load limit has been established and posted under Transportation Code, §621.102 or §621.301, if the gross weight of the vehicle and load or the axles and wheel loads are greater than the established and posted limits, unless the bridge provides the only public vehicular access to or from the permittee's origin or destination.
3. (c) Eligibility. To be eligible for a permit under this section, a vehicle must be registered under Transportation Code, Chapter 502, for the maximum gross weight applicable to the vehicle under Transportation Code, §621.101, not to exceed 80,000 pounds in total gross weight.

4. (d) Security.

   1. (1) Before a permit may be issued under this section, an applicant, other than an applicant who intends to operate a vehicle that is loaded with timber or pulp wood, wood chips, cotton, or agricultural products in their natural state, must have on file with the department one of the following forms of security in the amount of $15,000, conditioned that payment will be made to the department for any damages to the state highway system and to any county for damages to a road or bridge of such county caused by the operation of any vehicle for which a permit is issued under this section and which has an axle weight or gross weight that exceeds the weights authorized in Transportation Code, Chapter 621:

      1. (A) an irrevocable letter of credit issued by a financial institution which deposits are guaranteed by the Federal Deposit Insurance Corporation; or
      2. (B) a blanket surety bond.
   2. (2) The department may reject a bond which it determines will not provide the intended security.
   3. (3) If payment is made by the issuer in respect of the bond or letter of credit and the applicant does not file with the department a replacement bond or letter of credit in the full amount of $15,000, or a notification from the issuer of the existing bond or letter of credit that the existing bond or letter of credit has been restored to the full $15,000, within 30 days after the date of such payment, all permits held by the applicant under this section shall automatically expire on the 31st day after such date.

5. (e) Application for permit.

   1. (1) A person who desires to permit a vehicle as provided in this section, must submit an application to the MCD.

   2. (2) The application shall be in a form prescribed by the MCD and at a minimum will require the following:

      1. (A) name and address of the applicant;
      2. (B) name of contact person and telephone number;
      3. (C) vehicle information;
      4. (D) an indication as to whether the commodities to be transported will be agricultural or non-agricultural; and
      5. (E) a list of counties in which the vehicle will operate.

   3. (3) The application shall be accompanied by:

      1. (A) a base fee of $75 and an administration fee of $5.00;
      2. (B) an original bond or letter of credit as required in subsection (d) of this section, unless previously filed by the applicant; and
      3. (C) an additional fee based on the following schedule:
         Attached Graphic
         
   4. (4) Payment of fees. Fees for permits issued under this subchapter are payable as required by §28.11(f) of this chapter (relating to General Oversize/Overweight Permit Requirements and Procedures).

6. (f) Issuance of permit and windshield sticker.

   1. (1) A permit and a windshield sticker will be issued on the approval of the application and each will be mailed to the applicant at the address contained in the application.
   2. (2) The permit shall be carried in the vehicle for which the permit is issued at all times.
   3. (3) The windshield sticker shall be affixed to the inside of the windshield of the vehicle within six inches above the vehicle's inspection sticker in a manner that will not obstruct the vision of the driver. Any attempt to remove the sticker from the windshield will render the sticker void, and will require a new permit and sticker. The windshield sticker must be removed from the vehicle upon expiration of the permit.
   4. (4) A replacement sticker for a lost, stolen, or mutilated windshield sticker may be issued, provided that the permittee submits a request on a form approved by the department which shall include a statement, signed by the permittee, affirming that the sticker was lost, stolen, or mutilated. The replacement sticker shall only be valid for the permitted vehicle. The cost for a replacement sticker is $3.00.

   5. (5) Within 14 days of issuance of the permit, the department shall notify the county clerk of each county indicated on the application, and such notification shall contain or be accompanied by the following minimum information:

      1. (A) the name and address of the person for whom a permit is issued; and
      2. (B) the vehicle identification number, license plate number, and registration state of the vehicle, and the permit number.

7. (g) Issuance of a credit. Upon written application on a form prescribed by the MCD, a prorated credit for the remaining time on the permit may be issued for a vehicle that is destroyed or otherwise becomes permanently inoperable to an extent that it will no longer be utilized. The date for computing a credit will be based on the date of receipt of the credit request. The fee for a credit will be $25, and will be issued on condition that the applicant provides to the department:

   1. (1) the original permit; or
   2. (2) if the original permit no longer exists, written evidence of the destruction or permanent incapacity from the insurance carrier of the vehicle.
8. (h) Use of credit. A credit issued under subsection (g) of this section may be used only towards the payment of permit fees under this section.
9. (i) Exceptions. A vehicle carrying timber, wood chips, wood pulp, cotton, or other agricultural products in their natural state, may be allowed to exceed the maximum allowable axle weight by 12% without a permit; however, if such vehicle exceeds the maximum allowable gross weight by an amount of up to 5.0%, a permit issued in accordance with this section will be required.
10. (j) Semi-trailer registration. Transportation Code, §502.167, provides that the owner of a semi-trailer registered with either a Texas token trailer license plate or a Texas apportioned trailer license plate operated in combination with a permitted vehicle, shall pay a $15 fee to the county where the semi-trailer is registered.

11. (k) Lapse or termination of permit. A permit shall lapse or terminate and the windshield sticker must be removed from the vehicle:

    1. (1) when the lease of the vehicle expires;
    2. (2) on the sale of the vehicle for which the permit was issued;
    3. (3) on the sale, takeover, or dissolution of the firm, partnership, or corporation to which a permit was issued; or
    4. (4) if the applicant does not replenish the letter of credit or bond as required in subsection (d) of this section.
12. (l) Void permit. A permit will be voided when the department is informed by law enforcement that a citation has been issued for a violation of a permit's terms and conditions.
13. (m) Movement with void permit. A permittee may not operate a permitted vehicle with a void permit; a new permit must be obtained.

Source Note:The provisions of this §28.30 adopted to be effective October 13, 1994, 19 TexReg 7820; amended to be effective December 26, 1995, 20 TexReg 10656; amended to be effective February 21, 1999, 24 TexReg 1221; amended to be effective November 21, 1999, 24 TexReg 10143; amended to be effective December 5, 2001, 26 TexReg 9929; amended to be effective June 1, 2008, 33 TexReg 3776.