§ 20-118.4. Firefighting equipment exempt from size and weight restrictions while transporting or moving heavy equipment in an emergency; permits.
§ 20‑118.4. Firefighting equipment exempt from size and weight restrictions whiletransporting or moving heavy equipment in an emergency; permits.
(a) Exemption FromWeight and Size Restrictions During Emergency Response. Any overweight oroversize vehicle owned and operated by a State or local government orcooperating federal agency is exempt from the weight and size restrictions ofthis Chapter and implementing rules while it is actively engaged in (i) aresponse to a fire under the authority of a forest ranger pursuant to G.S. 113‑55(a);(ii) a county request for forest protection assistance pursuant to G.S. 113‑59;(iii) a request for assistance under a state of emergency declared pursuant toG.S. 14‑288.12, 14‑288.13, 14‑288.14, 14‑288.15, andany other applicable statutes and provisions of common law; (iv) a request forassistance under a disaster declared pursuant to G.S 166A‑6 or G.S. 166A‑8,when the vehicle meets the following conditions:
(1) The vehicle weightdoes not exceed the manufacturer's GVWR or 90,000 pounds gross weight,whichever is less.
(2) The tri‑axlegrouping weight does not exceed 50,000 pounds, tandem axle weight does notexceed 42,000 pounds, and the single axle weight does not exceed 22,000 pounds.
(3) A vehicle/vehiclecombination does not exceed 12 feet in width and a total overall vehiclecombination length of 75 feet from bumper to bumper.
(b) Marking, Lighting,and Bridge Requirements. Vehicle/vehicle combinations subject to an exemptionor permit under this section shall not be exempt from the requirement of ayellow banner on the front and rear measuring a total length of seven feet by18 inches bearing the legend "Oversize Load" in 10 inch black letters1.5 inches wide, and red flags measuring 18 inches square to be displayed onall sides at the widest point of load. In addition, when operating betweensunset and sunrise, flashing amber lights shall be displayed on each side ofthe load at the widest point. Vehicle/vehicle combinations subject to anexemption or permit under this section shall not exceed posted bridge limitswithout prior approval from the Department of Transportation.
(c) Definition of"Response". A response lasts from the time an overweight oroversize vehicle is requested until the vehicle is returned to its baselocation and restored to a state of readiness for another response.
(d) DiscretionaryAnnual or Single Trip Permit for Emergency Response by a Commercial Vehicle. TheDepartment of Transportation may, in its discretion, issue an annual or singletrip special use permit waiving the weight and size restrictions of thisChapter and implementing rules for a commercial overweight or oversize vehicleactively engaged in a response to a fire or a request for assistance from aperson authorized to direct emergency operations. The Department ofTransportation may condition the permit with safety measures that do notunreasonably delay a response. The Department of Transportation may issue thesingle trip special use permit upon verbal communication, provided therequestor submits appropriate documentation and fees on the next business day.
(e) No Liability forIssuance of Permit Under This Section. The action of issuing a permit by theDepartment of Transportation under this section is a governmental function anddoes not subject the Department of Transportation to liability for injury to aperson or damage to property as a result of the activity. (2007‑290, s. 1.)