SECTION 219.30. Permits for Over Axle and Over Gross Weight Tolerances

(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.

(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) is not operated on the national system of interstate and defense highways at a weight greater than authorized by federal law; and

(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.

(c) Application for permit.

(1) To qualify for a permit under this section, a person must submit an application to the department.

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

(A) name, customer identification number, and address of the applicant;

(B) name, telephone number, and email address of contact person;

(C) vehicle information, including truck year, make, license plate number and state of issuance, and vehicle identification number;

(D) an indication as to whether the commodities to be transported will be agricultural or non-agricultural;

(E) a list of counties in which the vehicle will operate; and

(F) applicant's USDOT Number if applicant is required by law to have a USDOT Number.

(3) The application shall be accompanied by:

(A) the total permit fee, which includes an administrative fee of $5, the base fee, and the applicable annual fee based on the number of counties designated for travel; and

(B) an original bond or irrevocable letter of credit as required in Transportation Code §623.012.

(4) Payment of fees. Fees for permits issued under this subchapter are payable as required by §219.11(f) of this title (relating to General Oversize/Overweight Permit Requirements and Procedures).

(d) Issuance of permit and windshield sticker.

(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) The permit shall be carried in the vehicle for which the permit is issued at all times.

(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) 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) 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:

(A) the name and address of the person for whom a permit is issued; and

(B) the vehicle identification number, license plate number, and registration state of the vehicle, and the permit number.

(e) Issuance of a credit. Upon written application on a form prescribed by the department, 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) the original permit; or

(2) if the original permit no longer exists, written evidence of the destruction or permanent incapacity from the insurance carrier of the vehicle.

(f) Use of credit. A credit issued under subsection (e) of this section may be used only towards the payment of permit fees under this section.

(g) 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.

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

(1) when the lease of the vehicle expires;

(2) on the sale of the vehicle for which the permit was issued;

(3) on the sale, takeover, or dissolution of the firm, partnership, or corporation to which a permit was issued; or

(4) if the permittee does not replace or replenish the letter of credit or bond as required by Transportation Code, §623.012.

Source Note: The provisions of this §219.30 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; transferred effective January 1, 2012, as published in the Texas Register January 27, 2012, 37 TexReg 359; amended to be effective June 28, 2015, 40 TexReg 4003; amended to be effective January 4,2024, 48 TexReg 8383