1. (a) Texas Civil Statutes, Article 6701d-19b, provides an optional procedure for the issuance of a permit for the movement of an oversize and/or overweight crane, which is designed for use as lift equipment, when the crane cannot comply with one or more of the restrictions set out in Texas Civil Statutes, Article 6701d-11, §3 and §5.
2. (b) The department may, as an alternative to any other procedure authorized by law, upon application, issue a permit for the movement of the crane, when the department is of the opinion that the crane may be moved without material damage to the state highway system or serious inconvenience to highway traffic.

3. (c) A crane, permitted under Texas Civil Statutes, Article 6701d-19b, is eligible for:

   1. (1) permit weight limits above those established by §28.11(d)(2) of this title (relating to Permit Issuance Requirements and Procedures);
   2. (2) a single-trip permit;
   3. (3) a time permit;
   4. (4) travel on a load restricted road; and
   5. (5) must not cross any load restricted bridge.
4. (d) The issuance of a permit for an oversize and/or overweight crane is not a guarantee by the department that the highways can safely accommodate such movement. The owner of the crane is strictly liable for any damage caused to the state highway system or any of its structures or appurtenances by movement of the crane, whether the crane is permitted or not.
5. (e) A permit may not be transferred from one crane to another crane or from one owner to another owner.
6. (f) A crane permitted under this section must keep the permit and any attachments to the permit in the crane until the day after the date the permit expires.

7. (g) A permit is void when an applicant:

   1. (1) gives false or incorrect information;
   2. (2) does not comply with the restrictions or conditions stated in the permit; or
   3. (3) changes or alters the information on the applicant's copy of the permit.
8. (h) A permittee may not transport an oversize and/or overweight crane with a void permit; a new permit must be obtained.
9. (i) A single-trip permit may be amended to extend the time period, if weather conditions or mechanical breakdown cause the movement to be delayed.

10. (j) A time permit will be issued in accordance with the following provisions.

    1. (1) The crane must not exceed any of the following dimensions:

       1. (A) 12 feet in width;
       2. (B) 14 feet, 6 inches in height; or
       3. (C) 95 feet in length.
    2. (2) The applicant may designate not more than 12 districts, which will make up the permit travel area.
    3. (3) The CPO will list the designated districts on the permit, and attach a map indicating the districts.

    4. (4) The permit may be amended only to indicate:

       1. (A) a new hubometer serial number;
       2. (B) a new license plate number; or
       3. (C) the addition and deletion of designated districts, provided the number of districts does not exceed a total of 12.

11. (k) An annual permit under Texas Civil Statutes, Article 6701d-18, will be issued in accordance with the following provisions.

    1. (1) The crane must not exceed:

       1. (A) the weight limits established in §28.11(d)(1), (2) and (3) of this title (relating to Permit Issuance Requirements and Procedures);
       2. (B) a gross weight of 120,000 pounds;
       3. (C) legal height and length limits as specified in Texas Civil Statutes, Article 6701d-11, §3; and
       4. (D) 10 feet in width.
    2. (2) The applicant may designate to the CPO as many as 12 districts for which the permit will be valid.
    3. (3) The CPO will list the designated districts on the permit, and attach a map indicating the districts.
    4. (4) The permit may not be amended.
    5. (5) The crane must not travel on any load-restricted road or cross any load-restricted bridge, or travel through any highway construction or maintenance area.
    6. (6) The crane may travel at night with front and rear escort vehicles.

Source Note:The provisions of this §28.62 adopted to be effective October 13, 1994, 19 TexReg 7821.