1. (a) Purpose. This section prescribes the requirements, restrictions, and procedures regarding the annual permit for transporting an intermodal shipping container under the provisions of Transportation Code, §623.0172.

2. (b) Application for permit.

   1. (1) To qualify for a North Texas intermodal permit, a person must submit an application to the department.

   2. (2) The application shall be in a form prescribed by the department 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 or email address; and
      3. (C) vehicle information, including vehicle year, make, license plate number and state of issuance, and vehicle identification number.
   3. (3) The application shall be accompanied by the total annual permit fee of $1,000.
   4. (4) Fees for permits issued under this section are payable as required by §219.11(f) of this title (relating to General Oversize/Overweight Permit Requirements and Procedures).
3. (c) Amendments. An annual permit issued under this section will not be amended except in the case of department error.

4. (d) Transfer of permit. A permit issued under this section may only be transferred once during the term of the permit from one vehicle to another vehicle in the permittee's fleet provided:

   1. (1) the permitted vehicle is destroyed or otherwise becomes permanently inoperable, to an extent that it will no longer be utilized, and the permittee presents proof that the negotiable title or other qualifying documentation, as determined by the department, has been surrendered to the department; or
   2. (2) the title to the permitted vehicle is transferred to someone other than the permittee, and the permittee presents proof that the negotiable title or other qualifying documentation, as determined by the department, has been transferred from the permittee.

5. (e) Restrictions pertaining to road conditions. Movement of a permitted vehicle is prohibited when road conditions are hazardous based upon the judgment of the operator and law enforcement officials. Law enforcement officials shall make the final determination regarding whether or not conditions are hazardous. Conditions that should be considered hazardous include, but are not limited to:

   1. (1) visibility of less than 2/10 of one mile; or
   2. (2) weather conditions such as wind, rain, ice, sleet, or snow.
6. (f) Curfew restrictions. The operator of a permitted vehicle must observe the curfew movement restrictions published by the department.
7. (g) Construction or maintenance areas. The permitted vehicle may not travel through any state highway construction or maintenance area if prohibited by the construction restrictions published by the department.
8. (h) Night movement. Night movement is allowed under this permit, unless prohibited by the curfew movement restrictions published by the department.
9. (i) Manufacturer's tire load rating. Permits issued under this section do not authorize the vehicle to exceed the manufacturer's tire load rating.

Source Note:The provisions of this §219.34 adopted to be effective January 1, 2018, 42 TexReg 7730.