72-7-406 - Oversize permits and oversize and overweight permits for vehicles of excessive size or weight -- Applications -- Restrictions -- Fees -- Rulemaking provisions -- Penalty.
72-7-406. Oversize permits and oversize and overweight permits for vehicles ofexcessive size or weight -- Applications -- Restrictions -- Fees -- Rulemaking provisions --Penalty.
(1) (a) The department may, upon receipt of an application and good cause shown, issuein writing an oversize permit or an oversize and overweight permit. The oversize permit oroversize and overweight permit may authorize the applicant to operate or move upon a highway:
(i) a vehicle or combination of vehicles, unladen or with a load weighing more than themaximum weight specified in Section 72-7-404 for any wheel, axle, group of axles, or total grossweight; or
(ii) a vehicle or combination of vehicles that exceeds the vehicle width, height, or lengthprovisions under Section 72-7-402.
(b) Except as provided under Subsection (8), an oversize and overweight permit may notbe issued under this section to allow the transportation of a load that is reasonably divisible.
(c) The maximum size or weight authorized by a permit under this section shall be withinlimits that do not impair the state's ability to qualify for federal-aid highway funds.
(d) The department may deny or issue a permit under this section to protect the safety ofthe traveling public and to protect highway foundation, surfaces, or structures from unduedamage by one or more of the following:
(i) limiting the number of trips the vehicle may make;
(ii) establishing seasonal or other time limits within which the vehicle may operate ormove on the highway indicated;
(iii) requiring security in addition to the permit to compensate for any potential damageby the vehicle to any highway; and
(iv) otherwise limiting the conditions of operation or movement of the vehicle.
(e) Prior to granting a permit under this section, the department shall approve the route ofany vehicle or combination of vehicles.
(2) An application for a permit under this section shall state:
(a) the proposed maximum wheel loads, maximum axle loads, all axle spacings of eachvehicle or combination of vehicles;
(b) the proposed maximum load size and maximum size of each vehicle or combinationof vehicles;
(c) the specific roads requested to be used under authority of the permit; and
(d) if the permit is requested for a single trip or if other seasonal limits or time limitsapply.
(3) Each oversize permit or oversize and overweight permit shall be carried in the vehicleor combination of vehicles to which it refers and shall be available for inspection by any peaceofficer, special function officer, port of entry agent, or other personnel authorized by thedepartment.
(4) A permit under this section may not be issued or is not valid unless the vehicle orcombination of vehicles is:
(a) properly registered for the weight authorized by the permit; or
(b) registered for a gross laden weight of 78,001 pounds or over, if the gross ladenweight authorized by the permit exceeds 80,000 pounds.
(5) (a) (i) An oversize permit may be issued under this section for a vehicle orcombination of vehicles that exceeds one or more of the maximum width, height, or length
provisions under Section 72-7-402.
(ii) Except for an annual oversize permit for an implement of husbandry under Section72-7-407 or for an annual oversize permit issued under Subsection (5)(a)(iii), only a single tripoversize permit may be issued for a vehicle or combination of vehicles that is more than 14 feet 6inches wide, 14 feet high, or 105 feet long.
(iii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, thedepartment shall make rules for the issuance of an annual oversize permit for a vehicle orcombination of vehicles that is more than 14 feet 6 inches wide, 14 feet high, or 105 feet long ifthe department determines that the permit is needed to accommodate highway transportationneeds for multiple trips on a specified route.
(b) The fee is $30 for a single trip oversize permit under this Subsection (5). This permitis valid for not more than 96 continuous hours.
(c) The fee is $75 for a semiannual oversize permit under this Subsection (5). Thispermit is valid for not more than 180 continuous days.
(d) The fee is $90 for an annual oversize permit under this Subsection (5). This permit isvalid for not more than 365 continuous days.
(6) (a) An oversize and overweight permit may be issued under this section for a vehicleor combination of vehicles carrying a nondivisible load that exceeds one or more of themaximum weight provisions of Section 72-7-404 up to a gross weight of 125,000 pounds.
(b) The fee is $60 for a single trip oversize and overweight permit under this Subsection(6). This permit is valid for not more than 96 continuous hours.
(c) A semiannual oversize and overweight permit under this Subsection (6) is valid fornot more than 180 continuous days. The fee for this permit is:
(i) $180 for a vehicle or combination of vehicles with gross vehicle weight of more than80,000 pounds, but not exceeding 84,000 pounds;
(ii) $320 for a vehicle or combination of vehicles with gross vehicle weight of more than84,000 pounds, but not exceeding 112,000 pounds; and
(iii) $420 for a vehicle or combination of vehicles with gross vehicle weight of more than112,000 pounds, but not exceeding 125,000 pounds.
(d) An annual oversize and overweight permit under this Subsection (6) is valid for notmore than 365 continuous days. The fee for this permit is:
(i) $240 for a vehicle or combination of vehicles with gross vehicle weight of more than80,000 pounds, but not exceeding 84,000 pounds;
(ii) $480 for a vehicle or combination of vehicles with gross vehicle weight of more than84,000 pounds, but not exceeding 112,000 pounds; and
(iii) $540 for a vehicle or combination of vehicles with gross vehicle weight of more than112,000 pounds, but not exceeding 125,000 pounds.
(7) (a) A single trip oversize and overweight permit may be issued under this section fora vehicle or combination of vehicles carrying a nondivisible load that exceeds:
(i) one or more of the maximum weight provisions of Section 72-7-404; or
(ii) a gross weight of 125,000 pounds.
(b) (i) The fee for a single trip oversize and overweight permit under this Subsection (7),which is valid for not more than 96 continuous hours, is $.012 per mile for each 1,000 poundsabove 80,000 pounds subject to the rounding described in Subsection (7)(c).
(ii) The minimum fee that may be charged under this Subsection (7) is $80.
(iii) The maximum fee that may be charged under this Subsection (7) is $540.
(c) (i) The miles used to calculate the fee under this Subsection (7) shall be rounded up tothe nearest 50 mile increment.
(ii) The pounds used to calculate the fee under this Subsection (7) shall be rounded up tothe nearest 25,000 pound increment.
(iii) The dollar amount used to calculate the fee under this Subsection (7) shall berounded to the nearest $10 increment.
(8) (a) An oversize and overweight permit may be issued under this section for a vehicleor combination of vehicles carrying a divisible load if:
(i) the bridge formula under Subsection 72-7-404(3) is not exceeded; and
(ii) the length of the vehicle or combination of vehicles is:
(A) more than the limitations specified under Subsections 72-7-402(4)(c) and (d) but notexceeding 81 feet in cargo carrying length and the application is for a single trip, semiannual trip,or annual trip permit; or
(B) more than 81 feet in cargo carrying length but not exceeding 95 feet in cargo carryinglength and the application is for an annual trip permit.
(b) The fee is $60 for a single trip oversize and overweight permit under this Subsection(8). The permit is valid for not more than 96 continuous hours.
(c) The fee for a semiannual oversize and overweight permit under this Subsection (8),which permit is valid for not more than 180 continuous days is:
(i) $180 for a vehicle or combination of vehicles with gross vehicle weight of more than80,000 pounds, but not exceeding 84,000 pounds;
(ii) $320 for a vehicle or combination of vehicles with gross vehicle weight of more than84,000 pounds, but not exceeding 112,000 pounds; and
(iii) $420 for a vehicle or combination of vehicles with gross vehicle weight of more than112,000 pounds, but not exceeding 129,000 pounds.
(d) The fee for an annual oversize and overweight permit under this Subsection (8),which permit is valid for not more than 365 continuous days is:
(i) $240 for a vehicle or combination of vehicles with gross vehicle weight of more than80,000 pounds, but not exceeding 84,000 pounds;
(ii) $480 for a vehicle or combination of vehicles with gross vehicle weight of more than84,000 pounds, but not exceeding 112,000 pounds; and
(iii) $540 for a vehicle or combination of vehicles with gross vehicle weight of more than112,000 pounds, but not exceeding 129,000 pounds.
(9) Permit fees collected under this section shall be credited monthly to theTransportation Fund.
(10) The department shall prepare maps, drawings, and instructions as guidance whenissuing permits under this section.
(11) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, thedepartment shall make rules governing the issuance and revocation of all permits under thissection and Section 72-7-407.
(12) Any person who violates any of the terms or conditions of a permit issued under thissection:
(a) may have the person's permit revoked; and
(b) is guilty of a class B misdemeanor, except that a violation of any rule made under
Subsection (11) is not subject to a criminal penalty.
Amended by Chapter 357, 2009 General Session