section .0600 – OVERSIZE-OVERWEIGHT PERMITS

 

19A NCAC 02D .0601      PERMITS-AUTHORITY, APPLICATION AND ENFORCEMENT

(a)  The Chief Engineer or his designee shall issue oversize/overweight permits for qualifying vehicles. Irrespective of the route shown on the permit, a permitted vehicle shall travel an alternate route:

(1)           if directed by a law enforcement officer with jurisdiction;

(2)           if directed by an official traffic control device to follow a route to a weighing device; and

(3)           if the specified route on the permit is detoured by an officially erected highway sign, traffic control devices, or law enforcement officer, the driver of the permitted vehicle shall contact the Central Permit Office or the issuing field office for house move permits as soon as reasonably possible for clearance of route or revision of the permit.

(b)  Prior to application for an oversize or overweight permit, the vehicle or vehicle combination and the commodity in transport shall be reduced or loaded to the least practical dimensions and weight.  Application for permits with the exception of house move permits shall be made to the Central Permit Office.  Applications for permits shall be submitted in writing to the Central Permit Office for consideration of approval for moves exceeding:

(1)           a gross weight of 132,000 pounds with the fee specified in G.S. 20-119(b) at least ten working days prior to the anticipated date of movement;

(2)           a width of 15' with documentation for variances at least ten working days prior to the anticipated date of movement with the exception of a mobile/modular unit with maximum measurements of 16' wide unit and a 3" gutter edge; a width of 16' 11" with the exception of house moves is required to be submitted with the fee specified in G.S. 20-119(b) with documentation for variances at least ten working days prior to the anticipated date of movement; or

(3)           a height of 14 feet at least two working days prior to the anticipated date of movement.

(c)  Upon completion of an engineering study for moves exceeding a gross weight of 132,000 pounds, a surety bond to cover potential damage to highways and bridge structures shall be required for overweight permits if the engineering study shows potential for damage to highways and bridge structures along the particular route of the requested permit.

(d)  The North Carolina licensed mobile or modular home retail dealer shall maintain records of all mobile or modular units moved by authority of an annual permit for a minimum of four years from the date of movement. The records shall be available for inspection and audit by officers of the Division of Motor Vehicles.  Monthly reports shall be submitted by the dealer to the Central Permit Office on a form furnished by the Department of Transportation. Failure to comply with any requirement may be grounds for denying, suspending, or revoking Manufacturer's License, Dealer's License, or both issued by the Division of Motor Vehicles as specified in Chapter 20 of the Motor Vehicle Law, Title 19A NCAC 03D .0219, or North Carolina oversize or overweight permit privileges.

(e)  Law enforcement officers may perform on-site inspections of mobile or modular homes ready for shipment at the point of manufacture or at the dealer lot for compliance with Chapter 20 of the General Statutes, dealer and manufacturer regulations, permit regulations, and policy. Notification of violations shall be submitted by enforcement personnel to the Central Permit Office.

(f)  The penalties provided in this Rule are in addition to the penalties provided for in Chapter 20 of the North Carolina General Statutes.

(g)  Permits may be declared void by the Chief Engineer or his designee upon determination that such overdimension/overweight permit was being used in violation of the General Statutes of North Carolina, Permit Rules or restrictions stated on the permit.

(h)  Permits may also be denied, revoked or declared invalid as stated in Rule .0633 of this Section.

 

History Note:        Authority G.S. 20-119; 136-18(5);

Eff. July 1, 1978;

Amended Eff. November 1, 1993; October 1, 1991;

Temporary Amendment Eff. January 10, 2002; October 1, 2000;

Amended Eff. December 1, 2012; April 1, 2009; August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.