SUBCHAPTER 2D ‑ HIGHWAY OPERATIONS

 

SECTION .0100 ‑ STANDARDS FOR DESIGN AND CONSTRUCTION

 

19A NCAC 02D .0101      STANDARD SPECIFICATIONS FOR ROADS AND STRUCTURES

 

History Note:        Legislative Objection [(a)] Lodged Eff. August 19, 1980;

Legislative Objection [(a)] Removed Eff. April 23, 1981;

Authority G.S. 136‑18(1); 143B‑348; 150A‑62; 150A‑63(c);

Eff. July 1, 1978;

Amended Eff. April 11, 1980;

Repealed Eff. April 3, 1981.

 

19A NCAC 02D .0102      MINIMUM SIZE OF SURFACE DRAINAGE PIPELINE

All installation of pipe on state highway system right of way for surface drainage purposes will be a minimum diameter of 12" and conform to Department of Transportation standards.

 

History Note:        Authority G.S. 136‑18(1); 136‑92; 136‑93; 156‑88;

Eff. July 1, 1978;

Amended Eff. January 1, 1984; April 3, 1981.

 

19A NCAC 02D .0103      ROADWAY STANDARDS

 

History Note:        Authority G.S. 136‑18(1); 136‑45; 136‑44.1; 143B‑350(f); 143B‑350(g); 150A‑62; 150A‑63(c);

Eff. July 1, 1978;

Repealed Eff. April 3, 1981.

 

19A NCAC 02D .0104      GUIDELINES ‑ CURB CUTS AND RAMPS

(a)  Guidelines for the design and construction of curb cuts and ramps are available from the Highway Design Branch, Division of Highways, Raleigh, North Carolina  27611.

(b)  The guidelines are not intended as precise specifications for the design and construction of curb cuts and ramps.  Sound engineering judgment shall be used to preserve the primary features of the guidelines.

(c)  The city, county or State having jurisdiction shall require conformance with the statutes (G.S. 136‑44.14) prior to permitting the encroachment for the construction or prior to acceptance of the street onto its system.

(d)  The responsibility for providing the curb cut and ramp and all work necessary to comply with the applicable laws and rules shall lie with party which either causes an existing curb to be cut, or causes a new curb to be constructed.

 

History Note:        Legislative Objection (a) Lodged Eff. August 19, 1980;

Legislative Objection (a) Removed Eff. April 23, 1981;

Authority G.S. 136‑44.14(c);

Eff. July 1, 1978;

Amended Eff. December 1, 1993; April 3, 1981; April 11, 1980.

 

SECTION .0200 ‑ LANDSCAPE

 

19A NCAC 02D .0201      COOPERATION WITH PROPERTY OWNERS

The Department of Transportation will cooperate with owners of property abutting highway rights of way in eradicating or satisfactorily controlling the growth of kudzu, bermuda grass, johnson grass, or nutgrass, within limitations of available funds and personnel.

 

History Note:        Authority G.S. 136‑18(9); 136‑93; 143B-350(f),(g);

Eff. July 1, 1978;

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

 

19A NCAC 02D .0202      CONDITIONAL COOPERATION

(a)  The extent of participation of the Department in eradication or control work shall be determined by the severity of damage to abutting property, the possibility of roadside erosion and drainage problems resulting from eradication, and the degree of responsibility for the plant infestation that is traceable to the department.

(b)  The property owner, or owners, and the department shall agree in writing to the degree of eradication or control of such undesirable vegetation.  The Department shall perform only the work on highway right of way and the property owner shall perform the work on his property, according to the methods and additional conditions outlined in the written agreement.

(c)  There shall be a stipulation in the written agreement indemnifying the department from damage on private property to crops, grasses, trees, shrubs, etc. resulting from any herbicides which are applied on highway right of way, with all reasonable and customary precautions for the eradication or control of the undesirable vegetation.

(d)  All reasonable precautions shall be taken to prevent damage to desirable vegetation on highway right of way during eradication or control operations on private property.

 

History Note:        Authority G.S. 136‑18(9); 136‑93; 143B-350(f),(g);

Eff. July 1, 1978;

Amended Eff. December 1, 1993;

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

 

19A NCAC 02D .0203      PLANTING PLANS

Planting proposals of the type in Rule .0423 of this Subchapter shall be accompanied by a plan and a typical cross‑section.  They shall be to scale; or approximately to scale with dimensions shown so as to be adaptable to office review.  Sizes preferred are a letter‑size sheet, a legal‑size sheet, or double the sizes of these sheets, thus permitting simple xerox reproduction.

 

History Note:        Authority G.S. 136‑18(9); 136‑89.50; 136‑93; 143B-350(f),(g);

Eff. July 1, 1978;

Amended Eff. December 1, 1993;

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

 

SECTION .0300 ‑ PREQUALIFICATION: ADVERTISING AND BIDDING REGULATIONS

 

Note:  The basic rules from this section have been adopted with significant additions as Section .0800 of this Subchapter.

 

19A NCAC 02D .0301      PREQUALIFYING TO BID

19A NCAC 02D .0302      APPROVAL OR REJECTION

19A NCAC 02D .0303      ANNUAL REQUALIFICATION FOR BIDDING

19A NCAC 02D .0304      EXPERIENCE QUESTIONNAIRE

 

History Note:        Authority G.S. 136‑18(1); 136‑28.1; 136‑44.1; 136‑45; 143B‑350(g);

Eff. July 1, 1978;

Repealed Eff. April 3, 1981.

 

19A NCAC 02D .0305      ATTORNEY GENERAL PARTICIPATION

19A NCAC 02D .0306      WITHDRAWAL OF ERRONEOUS BIDS

 

History Note:        Authority  G.S. 143‑49(3); 143‑129; 143‑129.1; SL. ch. 617,s. 1(1977);

Eff. July 1, 1978;

Repealed Eff. September 1, 1978.

 

19A NCAC 02D .0307      ADVERTISEMENT AND INVITATIONS FOR BIDS

19A NCAC 02D .0308      BIDDING RULES AND REGULATIONS

 

History Note:        Authority G.S. 136‑28.1;

Eff. September 1, 1978;

Repealed Eff. April 3, 1981.

 

SECTION .0400 ‑ FIELD OPERATIONS ‑ MAINTENANCE AND EQUIPMENT

 

19A NCAC 02D .0401      HIGHWAY MAINTENANCE CONTRACT RETREATMENT PROGRAM

 

History Note:        Authority G.S. 136‑44.3; 136‑44.1; 143B‑350(f); 143B‑350(g);

Eff. July 1, 1978;

Repealed Eff. November 1, 1991.

 

19A NCAC 02D .0402      CURB AND GUTTER AND UNDERGROUND DRAINAGE ON HIGHWAYS

(a)  Programmed Improvement Projects (Projects Included in Transportation Improvement Program).

(1)           On programmed state highway improvement projects in areas where the additional cost of curb and gutter and underground storm drainage facilities is not justified from the state's standpoint but where the adjacent property owner(s) or the municipality may desire curb and gutter and underground storm drainage facilities, such facilities may be included as part of the programmed project provided the additional cost of these facilities is borne by the adjacent property owner(s) or the municipality, and provided these facilities are in accordance with other criteria set forth in this Rule.

(2)           The Department of Transportation will approve participation by the property owner(s) or the municipality in cases where the property owner(s) or the municipality agree to have curb and gutter and underground storm drainage, if required, on both sides of the project for a minimum distance of one block or, if no intersections are present, for a minimum distance of 1000 feet.  The state will pay the cost of widening the present or proposed pavement out to the curb and gutter so provided.

(3)           The property owner(s) or the municipality must submit in advance of the project construction a certified check for the additional cost of the approved curb and gutter and storm drainage facilities.

(b)  Other Existing Paved Roads.  Along existing paved State Highway System routes where no construction project is proposed and the adjacent property owner(s) or the municipality construct curb and gutter and underground drainage facilities as approved by the Board of Transportation, the Department of Transportation will bear the cost of widening the existing pavement as required for the proper location and installation of such facilities.  Approval of such facilities shall be based on:

(1)           adequacy of the facilities to handle drainage requirements;

(2)           adequacy of the resulting roadway cross section to handle existing and anticipated traffic demands;

(3)           conformance of the proposed street cross section with standards as established by the Board of Transportation;

(4)           a minimum distance of one block length or, if no intersections are present, for a minimum distance of 1000 feet provided this requirement is not in conflict with local municipal ordinances (In case of conflict, local ordinance will prevail);

(5)           availability of state funds to widen the existing pavement.

(c)  Unpaved Roads.  Construction of curb and gutter along unpaved state highway system routes shall not be permitted.

 

History Note:        Authority G.S. 136‑44.1; 136‑66.1; 143B‑350(f); 143B‑350(g);

Eff. July 1, 1978;

Amended Eff. November 1, 1993.

 

19A NCAC 02D .0403      USE OF DUST ALLAYING MATERIALS

Placement and Materials.  Calcium chloride and bituminous dust treatments may be placed on state highway system roads and streets provided:

(1)           Bituminous materials are furnished and placed by the person requesting the treatment;

(2)           Prior approval is obtained from the division engineer having jurisdiction in the county where the work is proposed;

(3)           Calcium chloride is furnished by the person requesting the dust treatment and placed by the Department of Transportation agents.

 

History Note:        Authority G.S. 136‑18(1); 143B‑346; 143B‑350(f); 143B‑350(g);

Eff. July 1, 1978;

Amended Eff. November 1, 1993.

 

19A NCAC 02D .0404      MAINTENANCE WITHIN MUNICIPALITIES

(a)  Definitions and Abbreviations.  The following is a listing of definitions to provide greater understanding of this Rule:

(1)           Municipality means an incorporated city or town within the State of North Carolina.

(2)           The State Highway System includes those streets and highways as described in G.S. 136-44.1.

(3)           State Municipal System Street or Highway is any street or highway on the state highway system within a municipality.

Note:  See G.S. 136‑66.1(1)

(4)           Non‑State System Municipal Street or Highway (Municipal System) is any street or highway accepted by the municipality which is not a part of the state highway system.  [Note:  See G.S. 136‑66.1(2)]

(5)           A Rural Highway or Street is highway or street on the state highway system outside the limits of a municipality.

(6)           Board means the Board of Transportation.

(7)           Maintenance means routine care or upkeep to keep roads, streets or highways in the existing condition and with the existing traffic carrying capacity.

(8)           Pavements are the paved portion of streets including paved shoulders and on street parking areas but does not include sidewalks and driveways.

(9)           Storm Drainage or Storm Sewers means a system of underground pipes, culverts, conduits or tunnels including drop inlets and catch basins, designed to convey water from surface areas to eventual disposal into outfall streams.

(10)         Open Drainage means drainage systems utilizing open side ditches, tail, lateral and outfall ditches to convey surface water to outfall streams.

(11)         Cross Pipe Lines are pipe lines under the roadway surface, designed to convey water from one side of a street or highway to the other.

(12)         Shoulder is earthen, soil, clay, gravel or turf section of pavement support extending from outer pavement edge to the bottom of side ditch, including shoulder sections which are paved.

(13)         Sidewalk means walkway, paved or unpaved, parallel to streets or highways.

(b)  Maintenance Responsibility.

(1)           The streets and highways comprising a part of the state highway system, at all times, are the responsibility of the Department of Transportation and this overall responsibility is not shifted to the municipality by reason of their assumption, under reimbursable contract, of maintenance, construction, or improvement on behalf of the Department of Transportation as outlined in G.S. 136‑66.1.

(2)           The cost of municipal maintenance is paid for out of funds allocated by the Board for this purpose.

(3)           The Department of Transportation within its discretion may enter into contracts with municipalities for the purpose of maintenance, repair, construction, reconstructing, widening or improving state system streets within municipalities.

(4)           The maintenance of state system streets may be performed by the municipality by a continuing agreement with the Department of Transportation on a reimbursement basis.  Such an agreement may be executed covering all or part of maintenance operations on all or a part of the state system streets within the limits of the municipality involved.

(c)  Policies and responsibilities.

(1)           Patching and resurfacing of pavements is the responsibility of the Department of Transportation.

(2)           Repairs for pavement cuts for utility repair and other purposes by or under the control of the municipality shall be the responsibility of the municipality.  The Division of Highways district engineer, or his designated representative, shall be notified in writing 48 hours in advance of any pavement cut and approval must be obtained prior to making the cut.  Pavement cuts due to emergencies shall proceed as necessary with the Division of Highways district engineer being notified as soon as possible after the emergency is discovered and the pavement cut is made or anticipated.

Note:  See G.S. 136‑93.

(3)           If the maintenance of any state system street is performed by the municipality, then it shall be the responsibility of the municipality, subject to the approval and direction of the Department of Transportation, to install and maintain proper signs, barricades and other safety devices of like nature and to furnish flagmen when necessary; all in accordance with the Manual for Uniform Traffic Control Devices (MUTCD).

(4)           An encroachment agreement is required for the initial installation of any utility on the state highway system right of way by the municipality as well as by utility companies and individuals.

(5)           Drainage:

(A)          The maintenance of roadway ditches including median drainage, where applicable, and cross drainage pipes, outfalls and structures is the responsibility of Department of Transportation within the highway right of way or within a drainage easement area.

(B)          The maintenance of storm drainage and storm sewer systems draining state system streets is the responsibility of the Department of Transportation, within the highway right of way or within a drainage easement area. Where systems draining state system streets are enlarged and expanded to accommodate drainage from municipal streets, the initial cost and the maintenance cost shall be borne jointly by agreement.

(C)          Attachments to drainage structures ‑‑ Written approval of the Department of Transportation is required prior to any utility or other attachment being made to any bridge or structure on the state highway system.  Approval is also necessary before turning any utility under or through a bridge or drainage structure on the State Highway System.

(6)           Sidewalks.  The maintenance of sidewalks is a municipal responsibility.

(7)           Roadside Maintenance:

(A)          Freeways, interstate and other controlled access highways.  All planting, plant maintenance, mowing, erosion control, and litter pickup are the responsibility of the Department of Transportation, except as otherwise provided herein.

(B)          Non‑controlled Access Surface Streets

(i)            Without sidewalk or pedestrian space (paved or unpaved).  Erosion control, machine mowing, litter pickup and the maintenance of trees over the entire width of right of way are the responsibility of the Department of Transportation. Maintenance of shrubs or other planting is also the responsibility of the Department of Transportation subject to the provision providing for specific planting projects as outlined in Part (7)(C) of this Paragraph.

(ii)           With sidewalk or pedestrian space (paved or unpaved).  Since the area outside of the curbs or within and beyond the sidewalk or pedestrian space is used almost exclusively for pedestrians, the maintenance of such areas is the responsibility of the municipality.

(C)          Specific planting projects on state highway system right of way.  Should the municipality desire more extensive planting than is provided by the Department of Transportation, a plan for such proposed planting shall be submitted to the Department of Transportation and shall be considered a construction or improvement item.  An individual permit and agreement on Department of Transportation and municipal responsibilities for planting and plant maintenance will be required in each instance, covering not only financial responsibility but also the furnishing of personnel, equipment and materials for performing plant maintenance and associated hand mowing operations.

(D)          Proposed planting by civic organizations.  Civic organizations desiring to provide more extensive planting of trees and shrubs in the municipality on Department of Transportation right of way than is provided by the Department of Transportation shall handle negotiations through the municipality as outlined in Part (7)(C) of this Paragraph.

(8)           Snow and Ice Control:

(A)          The responsibility for clearing state system streets is the responsibility of the Department of Transportation; however, municipalities may, with the concurrence of the division engineer, execute an agreement with the Department of Transportation providing for reimbursement by the Department of Transportation to the municipality for the assumption of this responsibility.

(B)          The removal of snow from sidewalk areas is not the responsibility of the Department of Transportation.

(9)           Guard Rail.  The maintenance, repair and replacement of guard rail on Highway System streets and highways is the responsibility of the Department of Transportation.

(10)         Street Lighting:

(A)          Freeways ‑‑ Interstate System and Other Controlled Access Highways.  Where in the judgment of the Department of Transportation street lighting is necessary, the maintenance and the electric current necessary for the operation of the lighting system shall be the responsibility of the Department of Transportation.

(B)          Other System Streets.  The maintenance and the electric current for lighting systems on other than as referred to in Part (10)(A) of this Paragraph is the responsibility of the municipality, unless otherwise provided for by specific agreement.

(C)          The installation of street lighting systems by the municipality on state system streets within the right of way may be allowed by the Department of Transportation by encroachment agreement only.

(11)         Blocking of Traffic Lanes.  In order to provide for the safe movement of traffic, it is a joint responsibility between the Department of Transportation and the municipality to insure that traffic lanes be kept open and if blocked at any time for any reason that such blockage is properly signed or flagged.

 

History Note:        Authority G.S. 136‑66.1; 136‑93; 143B‑346; 143B‑350(f); 143B‑350(g);

Eff. July 1, 1978;

Amended Eff. November 1, 1993.

 

19A NCAC 02D .0405      EXAMPLES OF CONSTRUCTION AND MAINTENANCE ACTIVITIES

Maintenance funds shall be used to keep a road or highway in its existing condition and traffic carrying capacity.  Construction funds shall be used in improving the road or highway so that its traffic carrying capacity is improved or increased.  Some examples are listed below:

(1)           Roadway Maintenance

(a)           mowing shoulders and right of way;

(b)           pulling or cleaning of roadway and drainage ditches;

(c)           cutting down shoulders and uniforming slopes;

(d)           machining unpaved roads;

(e)           adding surfacing material 2 inches or less in thickness on unpaved roads;

(f)            placing of dust laying materials;

(g)           patching pavements;

(h)           resurfacing 1‑1/2 inches or less in thickness on paved roads;

(i)            snow and ice removal;

(j)            storm clean‑up;

(k)           replacing existing pipe culverts whether same size or not;

(l)            patching or replacing floors, rails or individual stringers on timber bridges;

(m)          placing of driveway pipe purchased by property owner.

(2)           Landscape Maintenance

(a)           periodic selective cutting on right of way,

(b)           periodic replanting or fertilization of shoulders and slopes,

(c)           maintenance of litter cans, picnic tables and rest areas.

(3)           Traffic Services Maintenance

(a)           maintenance of traffic control equipment including traffic signals, flashers, and special signaling devices and their related equipment such as signal heads, cabinets, detectors, and any other auxiliary equipment;

(b)           maintenance and replacement of signs, including posts and hardware;

(c)           installation of new signs when not otherwise provided for;

(d)           re‑marking pavements, including center lines, lane lines, edge lines, pavement symbols and messages, stop bars, crosswalks, etc;

(e)           new pavement markings when not otherwise provided for;

(f)            maintenance and replacement of traffic channelization devices, traffic islands and curbing;

(g)           installation of spot traffic channelization devices, traffic islands and curbing.

(4)           Roadway Construction

(a)           adding surfacing material over 2 inches in thickness on unpaved roads;

(b)           resurfacing over 1‑1/2 inches in thickness on paved roads;

(c)           widening unpaved roads;

(d)           widening existing pavement or shoulders;

(e)           widening or strengthening bridges or box culverts, extension of pipe culverts for widened roadways;

(f)            construction or rebuilding of bridges;

(g)           placing of pipe culverts on improvement projects;

(h)           placing of storm drainage on existing roadways;

(i)            construction of curb and gutter;

(j)            all work and materials in the widening, improvement  or relocation of a road;

(k)           state's part in participation paving which allows adjacent property owners to contribute to the cost of paving or other improvement.

(5)           Landscape Construction

(a)           initial seeding of improvement or new road construction,

(b)           initial selective cutting,

(c)           construction of rest areas or the addition of major facilities.

(6)           Traffic Services Construction

(a)           initial traffic signal installation and all other electrically operated traffic control devices;

(b)           replacement of traffic signal controllers and any other major components of an electrically operated traffic control device;

(c)           initial installation of signs;

(d)           initial installation of pavement markings;

(e)           channelization at intersections, traffic channelization devices, traffic island and curb projects which are considered a construction project;

(f)            pavement widening for additional travel or turning lanes in connection with intersection improvements.

Note:  Where any of the above items in traffic services construction are involved as a part of a construction or improvement project, the work shall be charged to and funded from the same source as is applicable to the remainder of the project.

 

History Note:        Authority G.S. 136‑66.1; 143B‑346; 143B‑350(f); 143B‑350(g);

Eff. July 1, 1978;

Amended Eff. November 1, 1993.

 

19A NCAC 02D .0406      CONSTRUCTION AND MAINTENANCE OF SIDEWALKS

(a)  When a highway construction project having to do with the widening of an existing street requires that an existing sidewalk be torn up to make room for the widening, the Department of Transportation shall replace the sidewalk.

(b)  The Department shall evaluate the need for sidewalks in the planning process.  The Department shall assess information provided by the local government, Transportation Advisory Committee, and departmental engineering studies.

(c)  The Department shall analyze the existing and projected future need for a pedestrian facility in every major highway project planning report.  The Department may construct a sidewalk if the need is documented and funding is available.

(d)  The Department and the local sponsor shall negotiate financial responsibilities for a new sidewalk based on planning studies.

(e)  The Department shall execute a pedestrian facilities maintenance agreement specifying responsibility for long term maintenance with the lead government entity or other local sponsor prior to construction for a proposed sidewalk.

 

History Note:        Authority G.S. 136‑66.1; 143B‑346; 143B‑350(f); 143B‑350(g); 23 U.S.C. 133; 23 U.S.C. 217;

Eff. July 1, 1978;

Amended Eff. May 1, 1999; December 29, 1993.

 

19A NCAC 02D .0407      HIGHWAY AND STREET PLANTING IN MUNICIPALITIES

 

History Note:        Authority G.S. 136‑66.1; 143B‑346; 143B‑350(f); 143B‑350(g);

Eff. July 1, 1978;

Repealed Eff. November 1, 1991.

 

19A NCAC 02D .0408      TEMPORARY BRIDGE WEIGHT LIMITS AND CLOSINGS

Any Department of Transportation bridge safety inspector or any bridge maintenance supervisory personnel after an inspection of any bridge on the State Highway System, is authorized to temporarily lower the authorized weight limits on a bridge or to close the bridge as the circumstances may warrant, if in his judgment the bridge will not carry the authorized weight.  Such limitation or bridge closing shall remain in effect until a complete analysis of the bridge can be made and action taken based upon the bridge analysis, not to exceed 60 days.

 

History Note:        Authority G.S. 136‑72; 143B‑350;

Eff. July 1, 1978.

 

19A NCAC 02D .0409      TEMPORARY ROAD RESTRICTIONS

 

History Note:        Authority G.S. 20‑121;

Eff. July 1, 1978;

Repealed Eff. January 1, 1994 pursuant to 1991 S.L., c. 477, s. 3.

 

19A NCAC 02D .0410      RENTAL OF SUPPLEMENTAL EQUIPMENT

The Department of Transportation, in accordance with its needs and the availability of state‑owned equipment, may supplement its own equipment requirements by the rental of privately owned equipment.  Operators may also be furnished with equipment.

 

History Note:        Authority G.S. 143B‑346; 143B‑350(f); 143B‑350(g);

Eff. July 1, 1978;

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

 

19A NCAC 02D .0411      LIMITATIONS ON USAGE

 

History Note:        Authority G.S. 143B‑346; 143B‑350(f); 143B‑350(g);

Eff. July 1, 1978;

Repealed Eff. January 1, 1994 pursuant to 1991 S.L., c. 477, s. 3.

 

19A NCAC 02D .0412      REST AREAS AND WELCOME CENTERS ‑ AUTHORITY

 

History Note:        Authority G.S. 136‑89.59;

Eff. July 1, 1978.

Repealed Eff. August 1, 1986.

 

19A NCAC 02D .0413      APPROVAL FOR USE ‑ REST AREAS, WELCOME CENTERS

 

History Note:        Authority G.S. 136‑89.59;

Eff. July 1, 1978.

Repealed Eff. August 1, 1986.

 

19A NCAC 02D .0414      LOCATION OF GARBAGE COLLECTION CONTAINERS

Permits for the placement of garbage collection containers shall be issued only under the following circumstances:

(1)           No garbage collection container site shall be located on any State highway rights‑of‑way except by written authorization of the Department of Transportation upon submission of a Right of Way Encroachment Agreement For Non-Utility Encroachments on Primary and Secondary Highways (FORM R/W 16.1A (January, 1981)).

(2)           No garbage collection container shall be located within 500 feet of an occupied dwelling unless the applicant obtains written permission from the owner of the dwelling.

(3)           An application for a site permit may be obtained from and shall be submitted to the District Engineer for the county in which the garbage container is proposed to be located.

(4)           Guidelines for container sites are as follows:

(a)           The county or municipality requesting the permit shall be responsible for any work to be performed in preparation of the site. Any work performed on the site by the Department of Transportation shall be on a reimbursable basis in accordance with rules 19A NCAC 02E .0501 and 19A NCAC 02E .0502;

(b)           Container sites adjacent to paved roadways shall be constructed in accordance with FORM R/W 16.1A; and

(c)           Container sites adjacent to unpaved roads shall be prepared with materials similar to those existing on the traveled portion of the roadway.

(5)           When container sites are located in areas requiring drainage, drainage shall be in accordance with FORM R/W 16.1A.

(6)           Whenever container sites are located adjacent to the roadway, sight distances shall be provided for any vehicle to safely enter the road from the container site.

(7)           Container sites shall be permitted adjacent to roadways only when lateral clearances can be provided from the edge of pavement to the container.

(8)           The county or municipality which holds a permit for the placement of garbage collection containers as provided herein shall maintain a collection schedule in order to prevent spillage or overflow from said containers and shall keep the site free from all garbage and trash other than that which is within the garbage collection containers which are authorized by the permit.  The District Engineers shall give written notice to the county or municipality of any failure to comply with this requirement. If a county or municipality which is so notified does not bring the site within compliance of the requirement within 30 days of receipt of the written notice, the District Engineer shall then revoke the permit and dispose of the garbage collection containers accordingly.

Note: A booklet describing the guidelines used by the Department of Transportation in granting permits is available from the local division office free of charge.

 

History Note:        Authority G.S. 136‑18.3; 136‑18(10);

Legislative Objection [(a)] Lodged Eff. August 19, 1980;

Legislative Objection [(a)] Removed Eff. April 23, 1981;

Eff. July 1, 1978;

Amended Eff. March 1, 2013; November 1, 1993; October 1, 1991; April 3, 1981; April 11, 1980.

 

19A NCAC 02D .0415      GENERAL REGULATIONS FOR DRAWBRIDGES

(a)  This Rule governs operation of drawbridges in North Carolina.  All other drawbridges not specifically noted in this Rule operate under normal Coast Guard regulations which give preference to water-borne traffic.  For purposes of this Rule, the term on signal means the boat operator sounds his signal as defined by standard navigational practices.

(b)  The draw on the bridge on US 17 over the Neuse River at New Bern shall open on signal except that the draw may remain closed from Monday through Friday from 6:30 a.m. to 8:30 a.m. and 4:00 p.m. to 6:00 p.m. for pleasure vessels.  However, the draw shall open at 7:30 a.m. and 5:00 p.m. for any vessel waiting to pass.  The draw may remain closed on Sundays and Federal holidays from May 24 through September 8 from 2:00 p.m. to 7:00 p.m. for pleasure vessels except that the draw shall open at 4:00 p.m. and 6:00 p.m. for any vessels waiting to pass.  The draw on this bridge shall always open on signal for public vessels of the United States, State, or local vessels used for public safety, tugs with tows and vessels in distress.

(c)  The draw on the bridge on US 70 Business over the Trent River at New Bern shall open on signal except that the draw may remain closed from Monday through Friday from 6:30 a.m. to 8:30 a.m. and 4:00 p.m. to 6:00 p.m. for pleasure vessels.  However, the draw shall open at 7:30 a.m. and 5:00 p.m. for any vessel waiting to pass.  The draw may remain closed on Sundays and Federal holidays from May 24 through September 8 from 2:00 p.m. to 7:00 p.m. for pleasure vessels except that the draw shall open on the hour and half hour for any vessels waiting to pass.  The draw on this bridge shall always open on signal for public vessels of the United States, State, or local vessels used for public safety, tugs with tows, and vessels in distress.

(d)  The draw on the US 17B/Perquimans River Bridge at Hertford shall open on signal except that from midnight to 8:00 a.m. from April 1 through September 30, and from 10:00 p.m. through 10:00 a.m., from October 1 through March 31, the draw shall not open for the passage of vessels.

(e)  The bridge on US 17 over the Pamlico River at Washington shall open only upon 24-hour advance notice.

(f)  The bridge on SR 1565 over the Tar River at Grimesland shall open only upon 24-hour advance notice.

(g)  The bridge on US 117-NC 133 over Smith's Creek just north of Wilmington shall open only upon 24-hour advance notice.

(h)  The draw on the bridge on US 70 over Beaufort Channel in Beaufort shall open on signal except that from 6:00 a.m. to 10:00 p.m. the draw need only open for all vessels on signal every hour on the hour, 20 minutes past the hour, and 40 minutes past the hour; except that on weekdays the bridge need not open at 7:40 a.m., 8:40 a.m., 4:40 p.m., and 5:40 p.m.

(i)  The draw on the NC 50/Intracoastal Waterway Bridge at Surf City shall open on signal, except that from 7:00 a.m. to 7:00 p.m. the draw shall open for pleasure craft if signaled only on the hour.

(j)  The draw on the bridge on US 74/76 over Intracoastal Waterway at Wrightsville Beach shall open on signal, except that from 7:00 a.m. to 7:00 p.m. the draw shall open for pleasure craft if signaled only on the hour.

(k)  The draw on the bridge on SR 1172 over Intracoastal Waterway at Sunset Beach shall open on signal, except that from 7:00 a.m. to 7:00 p.m. the draw shall open for pleasure craft if signaled on the hour from April 1 to November 30.

(l)  The draw of the bridge on US 158 over the Pasquotank River at Elizabeth City shall open on signal; except that between 7:00 a.m. and 9:00 a.m., and 4:00 p.m. and 6:00 p.m., Monday through Friday, the draw need open only at 7:30 a.m., 8:30 a.m., 4:30 p.m. and 5:30 p.m. for any pleasure vessels waiting to pass.

 

History Note:        Authority G.S. 136‑18(5);

Eff. July 1, 1978;

Amended Eff. August 1, 2000; April 1, 1999; August 1, 1998; January 1, 1996; November 1, 1993.

 

19A NCAC 02D .0416      BRIDGE BETWEEN MOREHEAD CITY AND ATLANTIC BEACH

 

History Note:        Authority G.S. 136‑18(5);

Eff. July 1, 1978;

Amended Eff. August 10, 1981;

Repealed Eff. November 1, 1991.

 

19A NCAC 02D .0417      BRIDGE ON US 17 OVER NEUSE RIVER AT NEW BERN

19A NCAC 02D .0418      BRIDGE ON US 70 OVER TRENT RIVER AT NEW BERN

19A NCAC 02D .0419      BRIDGE ON US 17B OVER PERQUIMANS RIVER AT HERTFORD

19A NCAC 02D .0420      DRAWBRIDGES OPEN ONLY UPON ADVANCE NOTICE

 

History Note:        Authority G.S. 136‑18(5);

Eff. July 1, 1978;

Amended Eff. November 1, 1991; August 10, 1981;

Repealed Eff. November 1, 1993.

 

19A NCAC 02D .0421      INSTALLATION OF DRIVEWAY PIPE

(a)  Residential Property.  The Department of Transportation road maintenance forces shall at state expense install pipe lines in the drainage ditch along the side of state maintained roads and within state maintained right of way or easement at entrances to private residential property where the pipe is furnished and delivered to the installation site by the property owner at the property owner's expense provided:

(1)           The opening of the side ditch is needed to provide proper drainage.

(2)           The pipe to be installed has sufficient opening as determined by the Department of Transportation.

(3)           The minimum length of pipe to be installed shall be 20 feet with such additional length as may be necessary to accommodate earth side slopes.  The pipe will not be lengthened for the purpose of eliminating typical side ditches.

(4)           The property does not already have adequate ingress and egress.

(5)           The proposed location for the driveway entrance does not present undue safety hazards to the traveling public as determined by the Department of Transportation.

(6)           The property is limited to farm entrances and property owned by the individual currently living on the property or owned by the individual proposing to use the property for residential purposes.  This does not include property being developed for sale.

(b)  Commercial Property.  "Commercial property" includes:

(1)           any property currently being used for commercial or industrial purposes;

(2)           property which is being developed for commercial or industrial purposes; and

(3)           property which is being developed for sale.

(c)  Commercial Driveway Pipe Installed by the Department of Transportation.  Department of Transportation road maintenance forces may install pipe lines in the drainage ditch along the side of state maintained roads and within state maintained right of way or easements at entrances to commercial property when the pipe is furnished and delivered to the installation site by the property owner at the property owner's expense provided:

(1)           Prior to installation, the property owner submits to the Department of Transportation an application for installation of a commercial driveway pipe together with a payment in the amount of ten dollars ($10.00) per linear foot of pipe to be installed.  Said amount is to cover the cost of pipe installation by state forces.

(2)           Prior to installation, the property owner has received an approved commercial driveway permit from the Department of Transportation.  In the event the permit application is denied, the Department of Transportation will return the payment referenced in Subparagraph (c)(1) of this Rule to the applicant.

(d)  Commercial Driveway Pipe Installed by Other than State Forces.  The commercial property owner may elect to have driveway pipe installed by private contractors provided:

(1)           Prior to installation, the property owner submits to the Department of Transportation an application for installation of a commercial driveway pipe together with a payment of fifty dollars ($50.00) to cover the cost of the inspection of the pipe installation by Department of Transportation personnel.

(2)           Prior to installation, the property owner has received an approved commercial driveway permit from the Department of Transportation.  In the event the permit application is denied, the Department of Transportation will return the payment referenced in Subparagraph (d)(1) of this Rule to the applicant.

(3)           The workmanship, materials and final installation are subject to approval by the Department of Transportation's District Engineer in accordance with current Department of Transportation standards.  In the event the pipe installation does not meet the approval of the District Engineer, the Department of Transportation shall remove the pipe at the expense of the property owner.

(4)           Signing, barricades and other devices for handling of traffic adjacent to the installation site is provided during the installation by the property owner or contractor.  Said devices must meet the requirements of the MUTCD and be approved by the District Engineer.

(e)  Installation of pipe by state forces includes necessary excavation, placement of pipe complete in‑place and backfill of the pipe with local material to provide a pipe cover sufficient to maintain the pipe line and grade.  The Department of Transportation is not obligated to construct a finished driveway.

(f)  The Department of Transportation shall furnish and install driveway pipe at state expense at entrances to residential property and commercial property if necessary as a result of the department's relocating or revising the elevation of side ditches for the improvement of highway drainage.

Note:  See also Rule .0102 of this Subchapter for pipe size.

 

History Note:        Authority G.S. 136‑18(1); 136‑92; 136‑93; 156‑88;

Eff. July 1, 1978;

Amended Eff. November 1, 1993; October 1, 1983.

 

19A NCAC 02D .0422      HANDBOOK OF DESIGN FOR HIGHWAY SURFACE DRAINAGE STRUCTURES

 

History Note:        Authority G.S. 136‑18(1); 136‑92; 136‑93; 150A‑62; 159A‑63(c); 156‑88;

Eff. July 1, 1978;

Repealed Eff. April 3, 1981.

 

19A NCAC 02D .0423      PLANTING ON CONTROLLED‑ACCESS FACILITIES

Requests to plant on full or partial access highways shall be submitted to the division engineer whose jurisdiction is the county where the planting is proposed.

 

History Note:        Authority G.S. 136‑18(9); 136‑89.50; 136‑93;

Eff. July 1, 1978;

Amended Eff. November 1, 1993;

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

 

19A NCAC 02D .0424      PLANTING ON OTHER FACILITIES

(a)  On highways without any control of access, planting requests will be handled by one of three methods, as determined by the Division Engineer having jurisdiction in the county where the planting is proposed:

(1)           The requesting individual or organization can furnish funds for the plant materials with the Department of Transportation doing the planting and assuming maintenance of the planting.

(2)           The Department of Transportation can assume the project entirely, bearing the cost of plant materials as well as doing the planting and plant maintenance.

(3)           The proposal of the organization can be considered for inclusion in the highway planting program at a later date.

(b)  Requests for plantings shall be directed to the appropriate division engineer.

 

History Note:        Authority G.S. 136‑18(9); 136‑89.50; 136‑93;

Eff. July 1, 1978;

Amended Eff. November 1, 1993;

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

 

19A NCAC 02D .0425      FEDERAL DISASTER ASSISTANCE

The Deputy Chief Engineer-Operations shall execute applications, assurances and agreements and other documents on behalf of the Department of Transportation necessary to receive Federal Disaster Assistance from the Federal Emergency Management Agency.

 

History Note:        Authority G.S. 136‑4; 136‑18; 143B‑350;

Eff. October 1, 1991;

Amended Eff. April 1, 1997; November 1, 1993.

 

19A NCAC 02D .0426      BRIDGE ON US 70 OVER BEAUFORT CHANNEL AT BEAUFORT

19A NCAC 02D .0427      BRIDGE ON NC 50 OVER INTERCOASTAL WATERWAY AT SURF CITY

19A NCAC 02D .0428      BRIDGE/US 74/76 OVER/INTERCOASTAL WATERWAY/WRIGHTSVILLE BEACH

19A NCAC 02D .0429      BRIDGE SR 1172 OVER INTERCOASTAL WATERWAY AT SUNSET BEACH

 

History Note:        Authority G.S. 136‑18(5);

Eff. November 1, 1991;

Amended Eff. November 1, 1993.

 

SECTION .0500 ‑ FERRY OPERATIONS

 

19A NCAC 02D .0501      GENERAL

The rules in this Section apply only for the transportation via the State of North Carolina ferry system of individual passengers and their hand baggage as defined in Rule .0504 of this Section, vehicles under their own power and vehicles not under their own power but under tow of a vehicle under its own power, and bicycles.

 

History Note:        Authority G.S. 136‑82; 143B‑10(j);

Eff. July 1, 1978;

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

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

 

19A NCAC 02D .0502      TICKET CONDITIONS

Transportation furnished on any ticket sold or honored by the carrier will be subject to the rules set forth in this Section and any additional requirements are specifically provided on such tickets.

 

History Note:        Authority G.S. 136‑82; 143B‑10(j);

Eff. July 1, 1978;

Amended Eff. December 1, 1993;

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

 

19A NCAC 02D .0503      CARRIER

When the term "carrier" is used in in this Section, it refers to the North Carolina Department of Transportation; the Division of Highways; and the Ferry Division.

 

History Note:        Authority G.S. 136‑82; 143B‑10(j);

Eff. July 1, 1978;

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

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

 

19A NCAC 02D .0504      HAND BAGGAGE

The term "hand baggage" as used herein means the baggage, personal effects or other property of passengers taking passage on carrier's vessels.  Such hand baggage or other property will be only in such amounts as foot passengers can individually handle on and off vessels themselves.

 

History Note:        Authority G.S. 136‑82; 143B‑10(j);

Eff. July 1, 1978;

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

 

19A NCAC 02D .0505      NOTICE OF CANCELLATION

Carrier may deviate from or cancel sailing schedules without notice when in its opinion scheduled operation is impractical or unsafe because of circumstances or conditions beyond its control.  In either event, carrier assumes no liability for loss, damage, or expense to patrons which may result therefrom.

 

History Note:        Authority G.S. 136‑82; 143B‑10(j);

Eff. July 1, 1978;

Amended Eff. December 1, 1993;

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

 

19A NCAC 02D .0506      COMPLETION OF VOYAGE

If, through failure, act of God, or other misfortune, carrier's vessel fails to complete her voyage, neither the master of the vessel nor the carrier shall be under any obligation to forward passengers or vehicles to their original destination, nor to refund all or any part of any tolls paid; which shall be deemed as earned.

 

History Note:        Authority G.S. 136‑82; 143B‑10(j);

Eff. July 1, 1978;

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

 

19A NCAC 02D .0507      SUBSTITUTE VESSELS

Carrier reserves the right to substitute one vessel for another over any of the routes operated without any liability to patrons.

 

History Note:        Authority G.S. 136‑82; 143B‑10(j);

Eff. July 1, 1978;

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

 

19A NCAC 02D .0508      DEFINITION OF LANDING

Passengers or vehicles shall be deemed landed:

(1)           upon arrival of vessels at port of designated destination;

(2)           when landed at any other port because of failure, act of God, or other misfortune to vessel;

(3)           when voyage is abandoned for any cause and vessel returns to port of embarkation.

 

History Note:        Authority G.S. 136‑82; 143B‑10(j);

Eff. July 1, 1978;

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

 

19A NCAC 02D .0509      RESPONSIBILITY OF VESSEL MASTER

When in the master's opinion safe landing cannot be made upon arrival of the vessel at a designated port of destination, it may be landed at another port at which safe landing can be made.

 

History Note:        Authority G.S. 136‑82; 143B‑10(j);

Eff. July 1, 1978;

Amended Eff. November 1, 1991;

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

 

19A NCAC 02D .0510      MEDICAL CARE

Carrier shall neither furnish nor be liable for medical care or surgical treatment of passengers or other persons while on its terminal property.  Carrier shall not be liable for the quality, nature or consequence of any medical or surgical treatment which may be administered to passengers on carrier's vessels.

Note:  Refer also to G.S. 20‑166 (Good Samaritan Law) and to 143‑291.

 

History Note:        Authority G.S. 136‑82; 143B‑10(j);

Eff. July 1, 1978;

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

 

19A NCAC 02D .0511      LIABILITY LIMITATIONS

Unless it is shown that a negligent act of an officer, employee, or agent of the state while acting in the scope of his office, service agency or authority was the sole proximate cause of any injury, loss, or damage, carrier shall not be liable for any injury, loss, or damage that shall result from an act of God, public enemy, restraint of rulers, quarantine, peril of the sea or other waters, latent defect in hull, boilers, propellers, piping, shafting, or machinery; or for injury, loss or damage that shall result from collision, stranding, fire, sanitary regulation or operation, explosion, accident to or breakdown of machinery, or of any propelling appliances, or accident, or navigation; or for any personal injury to passenger; or loss or damage to passengers' baggage or other property.

 

History Note:        Authority G.S. 136‑82; 143B‑10(j);

Eff. July 1, 1978;

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

 

19A NCAC 02D .0512      PERSONAL PROPERTY

Carrier will not assume any responsibility or liability for articles left on board its vessels or at its terminals by passengers; or for articles left in vehicles while in transit, or at terminals.

 

History Note:        Authority G.S. 136‑82; 143B‑10(j);

Eff. July 1, 1978;

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

 

19A NCAC 02D .0513      THEFT

Under no circumstances will the carrier be liable for theft from the person or baggage of a passenger or pilferage or theft from any vehicle on carrier's vessels or terminals.

 

History Note:        Authority G.S. 136‑82; 143B‑10(j);

Eff. July 1, 1978;

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

 

19A NCAC 02D .0514      BAGGAGE

The handling of baggage by carrier will be as an accommodation only to the passenger.  Carrier will not be liable for damage to or loss of such baggage whether by its negligence or otherwise.

 

History Note:        Authority G.S. 136‑82; 143B‑10(j);

Eff. July 1, 1978;

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

 

19A NCAC 02D .0515      LOSS CLAIMS

All claims for loss or injury to person or property must be presented in accordance with the provisions of the Tort Claims Act (Article 31 of Chapter 143 of the North Carolina General Statutes).

 

History Note:        Authority G.S. 136‑82; 143‑291; 143B‑10(j);

Eff. July 1, 1978;

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

 

19A NCAC 02D .0516      INSURANCE BENEFIT

In case of any loss or damage for which the carrier shall be liable, the carrier shall, to the extent of such liability, have the full benefit of any insurance that may have been effected by the owner upon the goods lost or damaged, notwithstanding any underwriter is not obligated to make such payment.

 

History Note:        Authority G.S. 136‑82; 143B‑10(j);

Eff. July 1, 1978;

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

 

19A NCAC 02D .0517      RIGHT TO REFUSE TRANSPORT; PERSONS

Carrier may refuse to transport a person who is apparently under the influence of intoxicating liquor or drugs or who is incapable of taking care of himself, or whose conduct makes him objectionable or dangerous to other passengers or liable to become so.  This rule does not apply to persons who are ill and are accompanied by an attendant or nurse.

 

History Note:        Authority G.S. 136‑82; 143B‑10(j);

Eff. July 1, 1978;

Amended Eff. December 1, 1993;

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

 

19A NCAC 02D .0518      COMPLIANCE WITH RULES AND REGULATIONS

Carrier also may refuse to transport a person who refuses to abide by its rules or those of the U. S. Coast Guard, pertaining to the safe and efficient operation of vessels, terminals, and traffic.

 

History Note:        Authority G.S. 136‑82; 143B‑10(j);

Eff. July 1, 1978;

Amended Eff. December 1, 1993;

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

 

19A NCAC 02D .0519      RIGHT TO REFUSE TRANSPORT: CARGO

Carrier may refuse any and all articles loaded in or on vehicles or vehicles which in its opinion will jeopardize the safe operation of the vessel, or which carrier is not equipped to handle.  Carrier may refuse to transport vehicles containing offensive or ill‑smelling cargo and liquid or semi‑liquid commodities when not in tightly enclosed containers or tanks, precluding possibility of escaping odors or leakage from such vehicles.  Dangerous articles prohibited by law will not be transported including those hazardous cargos regulated by the U.S. Coast Guard.

 

History Note:        Authority G.S. 136‑82; 143B‑10(j);

Eff. July 1, 1978;

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

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

 

19A NCAC 02D .0520      BRAKES

Drivers of all vehicles shall set emergency brakes and engage parking gear on all vehicles having same before leaving the vehicles.  Drivers of all mechanically powered vehicles shall shut off engines, after being directed to their designated parking areas.

 

History Note:        Authority G.S. 136‑82; 143B‑10(j);

Eff. July 1, 1978;

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

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

 

19A NCAC 02D .0521      OPERATION OF VEHICLE BY CARRIER EMPLOYEES

Carrier's employees are not permitted to drive power vehicles or wheeled machinery on or off vessels.  When the owner or shipper, or his agent is unable to promptly drive such vehicles on and off vessels, carrier will refuse to transport same.  Tracked construction equipment or other such power vehicles (except on rubber tired wheels) will not be accepted for movement except when loaded on trucks or trailers in tow of vehicles under their own power.

 

History Note:        Authority G.S. 136‑82; 143B‑10(j);

Eff. July 1, 1978;

Amended Eff. December 1, 1993;

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

 

19A NCAC 02D .0522      INOPERATIVE VEHICLES

(a)  Vehicles, without drivers, or with dead motors or otherwise inoperative, with or without drivers, will not be accepted by carrier for transportation.  The provisions of this paragraph do not apply to such vehicles in tow of other vehicles under their own power.

(b)  Trailers not under tow of vehicles under own power will not be accepted for transportation.

(c)  If because of dead batteries, flat tires or other physical disability, a motor vehicle cannot be discharged from vessel under it own power and it is necessary for the carrier to obtain towing service to discharge the vehicle, charge for the service will be the liability of the disabled vehicle and must be paid directly to the towing service company by the vehicle owner.

(d)  If towing service is not available and carrier undertakes to assist in the discharge of the vehicle by its employees with or without mechanical devices, the carrier will not be liable upon any claim for loss or damage to the vehicle.

 

History Note:        Authority G.S. 136‑82; 143B‑10(j);

Eff. July 1, 1978;

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

 

19A NCAC 02D .0523      LIVESTOCK

Livestock will be transported only at carrier's convenience and only in adequate motor vehicle equipment.  Rates to be charged are those applicable on trailers, trucks, truck and trailer combinations or truck tractor and semi‑trailer combinations as specified in Rule .0532 of this Section.  Carrier will assume no liability for livestock while on vessels or at terminals.  Vehicles transporting livestock must be properly enclosed to prevent spillage of animal waste or otherwise creating unpleasant or offensive environment on vessels.

 

History Note:        Authority G.S. 136‑82; 143B‑10(j);

Eff. July 1, 1978;

Amended Eff. December 1, 1993;

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

 

19A NCAC 02D .0524      DOGS, AND OTHER HOUSEHOLD PETS AND WILD ANIMALS

(a)  Dogs and household pets may accompany passengers and will be carried on vessels subject to the following conditions:

(1)           Dogs, cats, kittens, and small pet birds will be transported without charge when accompanied by passengers on foot or in vehicles. Such animals will be transported entirely at risk of the owner who shall take care of and safe‑guard them while on vessels or at terminals.

(2)           Such animals must be held secure by leash, crate, cage, or otherwise adequately restrained, as the case may require.

(3)           Such animals shall not be permitted in passenger accommodations, but only on car deck under short leash and in custody of responsible person.  Carrier, however, may require that they be carried in certain places as designated by the master, whenever, in his judgement, such a course is necessary for the safety and convenience of the passengers.

(b)  Wild animals must, at all times, be securely crated or caged so as to preclude contact by passengers.

 

History Note:        Authority G.S. 136‑82; 143B‑10(j);

Eff. July 1, 1978;

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

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

 

19A NCAC 02D .0525      NO LIABILITY ASSUMED BY CARRIER

No liability will be assumed by the carrier in the transportation of household pets, or wild animals.

 

History Note:        Authority G.S. 136‑82; 143B‑10(j);

Eff. July 1, 1978;

Amended Eff. November 1, 1991;

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

 

19A NCAC 02D .0526      BABY CARRIAGES

Baby carriages, strollers, and similar articles will be carried without charge, when space is available.  The person accompanying the baby carriage, stroller, or similar article must place same where directed by the master.  The carrier will not assume any responsibility or liability for these articles while in transit or at its terminals.

 

History Note:        Authority G.S. 136‑82; 143B‑10(j);

Eff. July 1, 1978;

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

 

19A NCAC 02D .0527      CORPSES

Corpses will be transported in vehicles only.

 

History Note:        Authority G.S. 136‑82; 143B‑10(j);

Eff. July 1, 1978;

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

 

19A NCAC 02D .0528      EXCESS HAND BAGGAGE

(a)  The transportation of hand baggage or other property defined in Rule .0504 of this Subchapter of foot passengers in excess of such amounts must be arranged for by the passengers via available common carrier freight or express service.

(b)  Carrier does not maintain a checked baggage service, and its employees are not available to assist foot passengers with the loading and unloading of baggage.

 

History Note:        Authority G.S. 136‑82; 143B‑10(j);

Eff. July 1, 1978;

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

 

19A NCAC 02D .0529      BAGGAGE IN VEHICLES

Passengers in vehicles may carry baggage or other property in such amounts as can be loaded in or securely fastened on vehicles.

 

History Note:        Authority G.S. 136‑82; 143B‑10(j);

Eff. July 1, 1978;

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

 

19A NCAC 02D .0530      RIGHT TO REFUSE

(a)  Carrier may refuse any and all articles of baggage or other property which in the opinion of the carrier's agent or master of the vessel will, or may, jeopardize the vessel's safe operation or which the carrier is not equipped to handle. Dangerous articles prohibited by law will not be carried.

(b)  Carrier's liability for the loss or damage to baggage, personal effects, or other property will be limited to that provided in Rules .0510 thru .0514 of this Subchapter.

 

History Note:        Authority G.S. 136‑82; 143B‑10(j);

Eff. July 1, 1978;

Amended Eff. December 1, 1993;

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

 

19A NCAC 02D .0531      FREE OPERATIONS

19A NCAC 02D .0532      TOLL OPERATIONS

 

History Note:        Authority G.S. 136-82; 143B-10(j);

Eff. July 1, 1978;

Amended Eff. July 7, 2014; March 1, 2004; April 1, 2003; August 1, 2002; November 1, 1991; May 1, 1983;

Expired Eff. October 1, 2016 pursuant to G.S. 150B-21.3A.

 

19A NCAC 02D .0533      TICKET LIMITS

Tickets are valid only on the date of purchase and for the trip number indicated.

 

History Note:        Authority G.S. 136‑82; 143B‑10(j);

Eff. July 1, 1978;

Amended Eff. December 1, 1993;

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

 

19A NCAC 02D .0534      REDEMPTION OF TICKETS

Upon presentation by the lawful holder thereof, unused tickets will be redeemed upon the following terms provided such ticket is so presented for redemption within 30 days after the date of sale:

(1)           Unused tickets will be redeemed at the purchase price.

(2)           Altered or mutilated tickets will not be honored for passage.

 

History Note:        Authority G.S. 136‑82; 143B‑10(j);

Eff. July 1, 1978;

Amended Eff. December 1, 1993;

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

 

19A NCAC 02D .0535      FERRY RESERVATIONS

(a)  Reservations for space are available only for the Cedar Island‑Ocracoke or the Swan Quarter‑Ocracoke ferry operations.  All other operations are on a "first come‑first served" basis.

(b)  Reservations may be made only by telephone or in person, by applying to the terminal from which departure is to be made:

For departure from Ocracoke call:  (919) 928‑3841

For departure from Cedar Island call:  (919) 225‑3551

For departure from Swan Quarter call:  (919) 926‑1111

Office hours:  6:00 A.M. to 6:00 P.M.

(c)  Reservations may be made any time within 30 days of departure date and are not transferable.  Name of driver and vehicle license number is required.

(d)  Reservations must be claimed at least 30 minutes prior to scheduled departure.  Reservations not claimed prior to this time will be cancelled and space reassigned.

(e)  In case of departure cancellation because of mechanical failure, inclement weather, or other unavoidable causes, reservations will be rescheduled for the earliest possible departure.

 

History Note:        Authority G.S. 136‑82; 143B‑10(j);

Eff. July 1, 1978.

 

19A NCAC 02D .0536      MAIL TRUCKS

Mail trucks may be granted priority privileges for loading on all system ferries.

 

History Note:        Authority G.S. 136‑82; 143B‑10(j);

Eff. July 1, 1978;

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

 

19A NCAC 02D .0537      FERRY SCHEDULES

Ferry schedules are available on the Official North Carolina Highway Map, from the Ferry Operations Office in Morehead City, (919) 726‑6446, or on signs posted at strategic locations along ferry terminal approach highways or at the ferry terminal.

 

History Note:        Authority G.S. 136‑82;

Eff. July 1, 1978;

Amended Eff. December 1, 1993;

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

 

19A NCAC 02D .0538      VEHICLE WEIGHT LIMITATIONS

Maximum weights permissible for each ferry vessel is as follows:

Gross Load Limit

Any Axle                                                                                                                                                                  13,000 lbs.

2 Axles (Single Vehicle)                                                                                                                                       24,000 lbs.

3 or More Axles (Single or Combination Vehicles                                                                                          36,000 lbs.

 

History Note:        Authority G.S. 136‑82; 143B‑10(j);

Eff. July 1, 1978;

Amended Eff. November 1, 1991.

 

19A NCAC 02D .0539      VEHICLE PHYSICAL DIMENSION LIMITATIONS

(a)  Maximum physical dimensions for vehicles on each ferry vessel are as follows:

Vessel                                                     Length                   Width                     Height

 

Lindsay Warren                                        65'                        144"                       13'6"

Conrad Wirth                                            65'                        144"                       13'6"

Roanoke                                                    65'                        144"                       13'6"

R. B. Etheridge                                         65'                        144"                       13'6"

A. W. Drinkwater                                     65'                        144"                       13'6"

H. C. Bonner                                            65'                        144"                       13'6"

Silver Lake                                               65'                        120"                       13'6"

Pamlico                                                     65'                        120"                       13'6"

Sea Level                                                  65'                          96"                       13'6"

Gov. Edward Hyde                                 65'                          96"                       13'6"    *

    50'      (Side)        120"                       13'6"    **

Beaufort                                                    50'                          96"                       12'4"

Sandy Graham                                         55'                          96"                       13'6"

Emmett Winslow                                      50'                          96"                       13'6"

Ocracoke                                                   65'                        144"                       13'6"

Cape Point                                                65'                        144"                       13'6"

Chicamacomico                                      65'                        144"                       13'6"

Kinnakeet                                                 65'                        144"                       13'6"

Frisco                                                         65'                        144"                       13'6"

Governor Russell                                     65'                        144"                       13'6"

Governor James

      Baxter Hunt, Jr.                                  65'                        144"                       13'6"

Carteret                                                     55'                        120"                       13'6"

Floyd J. Lupton                                       65'                        144"                       13'6"

*              13'6"  Height refers to capacity along center line of ferry.

**           13'6"  Height refers to capacity on either side of centerline.

(b)  Vehicles having overall dimensions in excess of following dimensions (Length:  single two axle vehicle, 35 feet; single three axle vehicle, 40 feet; vehicle combination, 60 feet Width:  96 inches Height:  13 feet 6 inches) shall carry a special permit issued by the division of highways; otherwise, loading aboard a ferry vessel will not be permitted.

 

History Note:        Authority G.S. 20‑119; 136‑82; 143B‑10(j);

Eff. July 1, 1978;

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

 

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.

 

19A NCAC 02D .0602      PERMITS‑ISSUANCE AND FEES

(a)  Permits may be issued for movements of loads which cannot be reasonably divided, dismantled or disassembled, or so loaded to meet legal requirements.  Permits are issued on authorized forms with appropriate designation for qualifying moves on the most direct route of travel to the destination after consideration of vertical clearances, work zones, and other factors to ensure safe movement.  A permit issued by the Department is not valid for travel over municipal streets (defined as streets or highways not maintained by the State of North Carolina).

(b)  Single trip permits may include a return trip to origin if requested at the time of original issuance and the return trip can be made within the validation of such permit.  No single trip permit request shall be issued for a time period to exceed 30 days.  Annual permits (blanket) are valid 12 months from the effective date of the permit.

(c)  The Department of Transportation shall collect a fee as specified in G.S. 20‑119(b).  Only cash, certified check, money order, company check, or credit card shall be accepted.  No personal checks shall be accepted.  The Department shall bill permittees with established credit accounts monthly for permits issued for the previous month.

 

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

Eff. July 1, 1978;

Amended Eff.  December 29, 1993; October 1, 1991; April 1, 1984; April 11, 1980;

Filed as a Temporary Rule Eff. October 1, 2000;

Amended Eff. August 1, 2002.

 

19A NCAC 02D .0603      ISSUING OFFICES AND PROCEDURES

19A NCAC 02D .0604      APPLICATIONS FOR A PERMIT

19A NCAC 02D .0605      PERMITS

19A NCAC 02D .0606      LEGAL WEIGHTS AND DIMENSIONS

 

History Note:        Authority G.S. 20‑116; 20‑118; 20‑119; 136‑18(5);

Eff. July 1, 1978;

Amended Eff. October 1, 1990; September 1, 1990;

April 1, 1984; April 11, 1980;

Repealed Eff. October 1, 1991.

 

19A NCAC 02D .0607      PERMITS-WEIGHT, DIMENSIONS AND LIMITATIONS

(a)  The State Highway Administrator or his designee may issue a vehicle specific single trip permit for vehicle and vehicle combinations with non-divisible overwidth loads limited to a maximum width of 15 feet under the conditions specified in this Rule.  The State Highway Administrator or his designee may authorize the issuance of a permit for movement of load width in excess of 15 feet in accordance with 19A NCAC 02D .0600 after analysis of the proposed load and evaluation of the proposed route of travel.  However, a mobile or modular unit is limited to a maximum width of 16 feet and a 3 inch gutter edge.

(b)  An annual oversize and overweight permit may be issued as follows:

(1)           for unlimited movement without the requirement of an escort on all North Carolina highways, where permitted by the posted road and bridge limits, for vehicle and vehicle combinations transporting a general non-divisible commodity which has a minimum extreme wheelbase of 51 feet and does not exceed:

(A)          width of 12 feet;

(B)          height of 13 feet, 6 inches;

(C)          length of 105 feet;

(D)          gross weight of 90,000 pounds; and

(E)           axle weights of 20,000 pounds steer axle, 25,000 pounds single axle, 50,000 pounds tandem axle, 60,000 pounds tridem axle and 68,000 pounds for a four or more axle grouping.

(2)           for unlimited movement without the requirement of an escort on all North Carolina highways, where permitted by the posted road and bridge limits, for four or five axle self-propelled equipment or special mobile equipment, defined as a non-property hauling vehicle, which has permanently attached equipment, that is operated on the highway only for the purpose of traveling to and from a non-highway job and is licensed as special mobile equipment by the Division of Motor Vehicles, capable of traveling at a highway speed of 45 miles per hour which has a minimum wheel base of 30 feet and which does not exceed:

(A)          width of 12 feet;

(B)          height of 13 feet, 6 inches;

(C)          length of 105 feet;

(D)          gross weight of 90,000 pounds; and

(E)           axle weights of 20,000 pounds steer axle, 25,000 pounds single axle, 50,000 pounds tandem axle, 60,000 pounds tridem axle and 68,000 pounds for a four or more axle grouping.

(3)           for unlimited movement with the requirement of an escort vehicle on all North Carolina highways, where permitted by the posted bridge and load limits, for vehicles and vehicle combinations transporting farm equipment and which does not exceed:

(A)          a width of 14 feet;

(B)          a height of 13 feet 6 inches; and

(C)          a weight as set forth in G.S. 20-118(b)(3).

(4)           with the requirement of an escort for mobile or modular homes with a maximum height of 13 feet 6 inches being transported from a manufacturer to a North Carolina mobile or modular home dealership with a unit width not to exceed 14 feet with an allowable roof overhang not to exceed a total unit width of 12 inches or 16 feet with a 3 inch gutter edge.  These mobile or modular homes shall be authorized to travel on designated routes approved by the Department of Transportation considering construction work zones, highway lane widths, origin and destination or other factors to ensure safe movement.

(5)           with the requirement of an escort to a North Carolina licensed mobile or modular home retail dealer and the transporter for delivery of mobile or modular homes not to exceed a maximum unit width of 14 feet with a total roof overhang not to exceed 12 inches and a height of 13 feet 6 inches.  The annual permit shall be valid for delivery of mobile or modular homes within a maximum 25-mile radius of the dealer location.  Confirmation of destination for delivery shall be carried in the permitted towing unit readily available for law enforcement inspection.

(6)           for unlimited movement without the requirement of an escort on all North Carolina highways, where permitted by the posted road and bridge limits, for vehicle and vehicle combinations transporting non-divisible commodities which do not exceed:

(A)          width of 12 feet;

(B)          length as set forth in G.S. 20-115.1(b) and G.S. 20-116(e) but not to exceed 105 feet;

(C)          height of 13 feet 6 inches;

(D)          gross weight and axle weights as set forth in G.S. 20-118(b)(1)(2)(3).

(c)  A 14 foot-wide mobile or modular home unit may be transported with a bay window, room extension, or porch providing the protrusion does not extend beyond the maximum 12 inches of roof overhang or the total width of overhang on the applicable side of the home.  An extender shall be placed on the front and rear of the mobile or modular home with a length to extend horizontally equal to but not beyond the extreme outermost edge of the home's extension.  The extenders shall have retro-reflective sheeting, a minimum of 4 inches, which shall be Type III high intensity (encapsulated lens) or Type IV high performance (prismatic) with alternating fluorescent yellow and black diagonal stripes sloping towards the outside of the home with a minimum area of 288 square inches.  The bottom of the extenders shall be 6 feet to 8 feet above the road surface with a 5 inch amber flashing beacon mounted on the top of each extender.

(d)  The maximum weight permitted on a designated route is determined by the bridge capacity of bridges to be crossed during movement.  The route traveled from an origin to a destination must be included within one permitted route of travel.  Moves exceeding weight limits for highways or bridge structures shall be denied if considered by the issuing agent to be unsafe or if they may cause damage to the highway or structure.  A surety bond shall be required if the Department determines it is necessary to cover the cost of potential damage to pavement, bridges or other damages incurred during the permitted move.

(e)  The maximum permittable weights for non-divisible loads are as follows:

(1)           The maximum single trip and annual permit weight allowed for a vehicle or vehicle combination not including off highway construction equipment is:

(A)          Steer Axle                                                                                             20,000 pounds;

(B)          Single axle                                                                                            25,000 pounds;

(C)          Tandem axle                                                                                        50,000 pounds;

(D)          Tridem axle                                                                                          60,000 pounds;

(E)           Four or more axle group                                                                     68,000 pounds;

(F)           Five or more axle group exceeding 68,000 pounds requires an engineering study;

(G)          Three axle single vehicle may have a maximum gross weight up to 70,000 pounds;

(H)          Four axle single vehicle may have a maximum gross weight up to 90,000 pounds;

(I)            Five axle single vehicle may have a maximum gross weight up to 94,500 pounds;

(J)            Five axle vehicle combination may have a maximum gross weight up to 112,000 pounds;

(K)          Six axle single vehicle may have a maximum gross weight up to 108,000 pounds;

(L)           Six axle vehicle combination may have a maximum gross weight up to 120,000 pounds;

(M)         Seven axle single vehicle may have a maximum gross weight up to 122,000 pounds;

(N)          Seven axle vehicle combination may have a maximum gross weight up to 132,000 pounds; and

(O)          Seven or more axle vehicle combination with a gross weight exceeding 132,000 pounds requires an engineering study.

(2)           The maximum permit weight allowed for self propelled off highway construction equipment with low pressure or low flotation tires is:

(A)          Single axle                                                                                            37,000 pounds;

(B)          Tandem axle                                                                                        50,000 pounds;

(C)          Two axle single vehicle may have a maximum gross weight up to 70,000 pounds;

(D)          Three axle single vehicle may have a maximum gross weight up to 80,000 pounds; and

(E)           Four axle single vehicle may have a maximum gross weight up to 90,000 pounds.

(3)           A vehicle combination consisting of a power unit and trailer hauling a sealed ship container may qualify for a specific route overweight permit provided the vehicle:

(A)          Is going to or from a designated seaport (to include in state and out of state) and has been or shall be transported by marine shipment;

(B)          Is licensed for the maximum allowable weight for a 51 feet extreme wheelbase measurement specified in G.S. 20-118;

(C)          Does not exceed maximum dimensions of width, height and length specified in G.S. 20-116;

(D)          Is a vehicle combination with at least five axles; and

(E)           Has proper documentation (shippers bill of lading or trucking bill of lading) of sealed commodity being transported available for law enforcement officer inspection.

(f)  Overlength permits shall be limited as follows:

(1)           Single trip permits are limited to 105 feet inclusive of the towing vehicle. Approval may be given by the Central Permit Office for permitted loads in excess of 105 feet after review of geographic route of travel, consideration of local construction projects and other dimensions of the load;

(2)           Mobile or modular home units shall not exceed a length of 76 feet and a total overall length inclusive of the towing vehicle of 105 feet; and

(3)           Annual (blanket) permits shall not be issued for lengths to exceed 105 feet.

(g)  An Overheight Permit Application for heights in excess of 14 feet must be submitted in writing to the Central Permit Office at least two working days prior to the anticipated date of movement.  An Overheight Permit Application for heights 14 feet and less must be submitted in writing or verbally to the Central Permit Office.  The issuance of the permit does not imply nor guarantee the clearance for the permitted load and all vertical clearances shall be checked by the permittee prior to movement underneath.

(h)  Movement of all vehicles and vehicle combinations subject to this Rule shall be made as follows:

(1)           Movement shall be made between sunrise and sunset Monday through Saturday.  Sunday travel may be authorized from sunrise to sunset after consideration of the overall permitted dimensions. Exception:  A 16 foot-wide mobile or modular home unit with a maximum 3 inch gutter edge is restricted to travel from 9:00 a.m. to 2:30 p.m. Monday through Saturday.  A 16 foot-wide unit is authorized to continue operation after 2:30 p.m., but not beyond sunset, when traveling on an approved route as determined by an engineering study and the unit is being exported out-of-state. Additional time restrictions may be set by the issuing office if it is in the best interest for safety or to expedite flow of traffic.

(2)           No movement is permitted for a vehicle and vehicle combination after noon on the weekday preceding the six holidays of New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day until noon on the weekday following a holiday.  If the observed holiday falls on the weekend, travel is restricted from 12:00 noon on the preceding Friday until 12:00 noon on the following Monday.

(3)           Continuous travel (24 hours a day, 7 days a week, 365 days per year) is authorized for any vehicle and vehicle combination up to but not to exceed a permitted gross weight of 112,000 pounds provided the permitted vehicle has no other over legal dimension of width, height or length included in the permitted move.  Exception:  Self-propelled equipment may be authorized for continuous travel with overhang (front or rear or both) not to exceed a total of 10 feet provided overhang is marked with high intensity glass bead retro-reflective sheeting tape measuring 2 inches by 12 inches displayed on both sides and the end of the extension and on each side of the self-propelled vehicle 24 inches from the road surface at nearest feasible center point between the steer and drive axles.  Any rear overhang must display a mounted brake light and a flashing amber light, 8 inches in diameter with a minimum candlepower of 800 watts.

(4)           Permitted vehicles owned or leased by the same company or permitted vehicles originating at the same location shall travel at a distance of not less than two miles apart.  Convoy travel is not authorized except as directed by law enforcement escort.

(5)           If blades of construction equipment or front end loader buckets cannot be angled to extend no more than 14 feet across the roadway, they shall be removed.  A blade, bucket or other attachment that is an original part of the equipment as manufactured may be removed and hauled with the equipment without being considered a divisible load.

(6)           The speed of permitted moves shall be that which is reasonable and prudent for the load, considering weight and bulk, under conditions existing at the time; however, the maximum speed shall not exceed the posted speed limit.  A towing unit and mobile or modular home combination shall not exceed a maximum speed of 60 miles per hour.  The driver of the permitted vehicle shall avoid creating traffic congestion by periodically relinquishing the traffic way to allow the passage of following vehicles when a build up of traffic occurs.

(7)           The object to be transported shall not be loaded or parked, day or night, on the highway right of way without permission from the office issuing the permit after confirmation of an emergency condition.

(8)           No move shall be made when weather conditions render visibility less than 500 feet for a person or vehicle.  Moves shall not be made when travel conditions are considered unsafe by the Division of Highways, State Highway Patrol or other Law Enforcement Officers having jurisdiction.  Movement of a mobile or modular unit exceeding a width of 10 feet is prohibited when wind velocities exceed 25 miles per hour in gusts.

(9)           All obstructions, including traffic signals, signs and utility lines shall be removed prior to and replaced after the move at the expense of the mover, provided arrangements for and approval from the owner is obtained.  Trees, shrubs, or official signs shall not be cut, trimmed or removed without approval from the Division of Highways District Engineer having jurisdiction over the area involved.  In determining whether to grant approval, the district engineer shall consider the species, age and appearance of the tree or shrub in question and its contribution to the aesthetics of the area.

(10)         The Department of Transportation may require escort vehicles to accompany oversize or overweight loads.  The weight, width of load, width of pavement, height, length of combination, length of overhang, maximum speed of vehicle, geographical route of travel, weather conditions and restricted time of travel shall be considered to determine escort requirements.

(i)  Additional safety measures are as follows:

(1)           A yellow banner measuring a total length of 7 feet x 18 inches high bearing the legend "Oversize Load" in 10 inch black letters 1.5 inch wide brush stroke shall be displayed in one or two pieces totaling the required length on the front and rear bumpers of a permitted vehicle and vehicle combination with a width greater than 10 feet.  A towing unit mobile or modular home combination shall display banners of the size specified bearing the legend "Oversize ----- feet Load" identifying the actual width of the unit in transport.  Escort vehicles shall display banners as specified in this Subparagraph with the exception of length to extend the entire width of the bumpers;

(2)           Red or orange flags measuring 18 inches square shall be displayed on all sides at the widest point of load for all loads in excess of 8 feet 6 inches wide but the flags shall be mounted so as not to increase the overall width of the load;

(3)           All permitted vehicles and vehicle combinations shall be equipped with tires of the size specified and the required number of axles equipped with operable brakes in good working condition as provided in North Carolina Statutes and Motor Carrier and Housing and Urban Development (HUD) regulations;

(4)           Rear view mirrors and other safety devices on towing units attached for movement of overwidth loads shall be removed or retracted to conform with legal width when unit is not towing or hauling such vehicle or load; and

(5)           Flashing amber lights shall be used as determined by the issuing permit office.

 

History Note:        Authority G.S. 20-116; 20-118; 20-119; 136-18(5); Board of Transportation Minutes for February 16, 1977 and November 10, 1978;

Eff. July 1, 1978;

Amended Eff. October 1, 1994; December 29, 1993; October 1, 1991; October 1, 1990;

Temporary Amendment Eff. January 10, 2002; December 31, 2000; October 1, 2000;

Amended Eff. August 1, 2012; June 1, 2010; April 1, 2009; August 1, 2002.

 

19A NCAC 02D .0608      LENGTH

19A NCAC 02D .0609      HEIGHT

19A NCAC 02D .0610      WEIGHT

19A NCAC 02D .0611      TIME LIMIT

 

History Note:        Authority G.S. 20‑116; 20‑119; 136‑18(5); Board of Transportation Minutes for February 16, 1977 and November 10, 1978;

Eff. July 1, 1978;

Amended Eff. September 1, 1990; October 1, 1987; April 1, 1984; February 1, 1983;

Repealed Eff. October 1, 1991.

 

19A NCAC 02D .0612      PERMITS ‑ HOUSE MOVES

(a)  Application for a permit shall be made by a licensed housemover for movement of buildings or structures in excess of 15' in width to the appropriate Division of Highways district or division office in which the house is to be moved or in conjunction with other Division of Highways districts or divisions included in the proposed move.

(b)  It is not necessary for an individual to acquire a housemover license prior to applying for a permit if the power unit and building is owned by the permittee and such move is to or from property owned individually by the permittee.

(c)  Conditions, restrictions, and limitations on house move permits shall be determined by the Division of Highways.

 

History Note:        Authority G.S. 20‑119; 20-360; 136‑18(5);

Eff. July 1, 1978;

Amended Eff. November 1, 1993; October 1, 1991; April 1, 1984; January 1, 1979;

Filed as a Temporary Rule Eff. October 1, 2000;

Amended Eff. August 1, 2002.

 

19A NCAC 02D .0613      TIME AND SAFETY REQUIREMENTS ‑ BUILDING MOVES

19A NCAC 02D .0614      SIZE AND WEIGHT ‑ BUILDING MOVES

19A NCAC 02D .0615      ESTIMATE OF GROSS WEIGHT ‑ BUILDINGS

 

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

Eff. July 1, 1978;

Amended Eff. April 11, 1980;

Repealed Eff. October 1, 1991.

 

19A NCAC 02D .0616      DISTANCE LIMITATIONS ‑ BUILDING MOVES ‑ REPEALED

 

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

Eff. July 1, 1978;

Repealed Eff. January 1, 1979.

 

19A NCAC 02D .0617      REMOVAL OF OBSTRUCTIONS ‑ BUILDING MOVES

 

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

Eff. July 1, 1978;

Amended Eff. April 11, 1980;

Repealed Eff. October 1, 1991.

 

19A NCAC 02D .0618      INDEMNITY ‑ BUILDING MOVES

 

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

Eff. July 1, 1978;

Amended Eff. January 1, 1979;

Repealed Eff. November 1, 1993.

 

19A NCAC 02D .0619      LIMITATIONS ‑ BUILDING MOVES

19A NCAC 02D .0620      REQUIRING OF ESCORT VEHICLE

19A NCAC 02D .0621      POSITION OF ESCORT VEHICLES

19A NCAC 02D .0622      ESCORT OF VEHICLE REQUIREMENTS

19A NCAC 02D .0623      SLOW SPEED: ESCORT

19A NCAC 02D .0624      TIME OF MOVE

19A NCAC 02D .0625      SPEED LIMITS

19A NCAC 02D .0626      SIGNS: FLAGS

19A NCAC 02D .0627      STATE HIGHWAY PATROL NOTIFICATION

 

History Note:        Authority G.S. 20‑119; 136‑18(5); Board of Transportation Minutes for

February  16, 1977 and November 10, 1978;

Eff. July 1, 1978;

Amended Eff. October 1, 1990; September 1, 1990; January 1, 1985; July 1, 1981;

Repealed Eff. October 1, 1991.

 

19A NCAC 02D .0628      SAFETY DEVICES

 

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

Eff. July 1, 1978;

Repealed Eff. September 1, 1990.

 

19A NCAC 02D .0629      TOWING UNIT

19A NCAC 02D .0630      ROUTE CHANGES

19A NCAC 02D .0631      HIGHWAY RIGHT OF WAY RESTRICTIONS

19A NCAC 02D .0632      WEATHER

 

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

Eff. July 1, 1978;

Amended Eff. October 1, 1990; April 11, 1980;

Repealed Eff. October 1, 1991.

 

19A NCAC 02D .0633      DENIAL: REVOCATION: REFUSAL TO RENEW: APPEAL: INVALIDATION

(a)  An oversize or overweight permit may be revoked and considered void by the Chief Engineer or his designee upon inspection and written documentation that the permittee violated the terms and conditions of the permit, or state and local laws and ordinances regulating the operation of oversize and overweight vehicles.  A permit may also be revoked or considered void if information on the permit application is misrepresented, if the permit is obtained fraudulently, if the permit is altered, or if the permit is used in an unauthorized manner.  Permits may be revoked or considered void by the Chief Engineer or his designee if the vehicle or vehicle combination is found by a law enforcement officer to be operating in violation of the authorized route of travel, time of movement, escort requirements, axle weights, number of axles, or any other special conditions of the permit that may damage North Carolina highway infrastructure or create unsafe travel conditions for the motoring public.  A permit that is determined by the Chief Engineer or his designee to be revoked or void must be surrendered without consideration for refund of fees to the law enforcement officer for delivery to the Chief Engineer or his designee.

(b)  No permit application shall be denied or renewal refused or an issued permit revoked or considered void until a verbal or written notice of the denial of permit request or revocation of the issued permit has been furnished to the permittee. The permittee may appeal in writing to the Chief Engineer or his designee within 10 days of receipt of a verbal or written notice of such denial or revocation.  The Chief Engineer or his designee shall send a written notice by certified mail, return receipt requested, not fewer than 10 days prior to the date of the hearing.  The Chief Engineer or his designee shall provide a written decision to the permittee within 10 days from the date of the hearing.

(c)  A permittee who has had permit privileges suspended or revoked by the Chief Engineer or his designee may, within 15 days following notification of the adverse action, make written appeal to the Secretary of Transportation for review of the suspension or revocation.  The Secretary may affirm or set aside the suspension or revocation based on a review of the written appeal, the suspension or revocation decision, as well as any available documents, exhibits or other evidence bearing on the appeal.  The individual appealing shall be advised of the final disposition of the action within 21 days following receipt of the appeal.

(d)  An oversize or overweight permit application may be denied for a period of up to six months upon written documentation that the applicant operated in violation of any of the rules contained in this Section, or any state and local law or any rule or ordinance regulating the operation of oversize or overweight vehicles.  Repeated violations may result in a permanent denial of the right to use the N.C. State Highway System of roads for transportation of oversize or overweight loads or vehicles.

 

History Note:        Authority G.S. 20-119; 20-360; 20-361; 20-367; 20-369; 20-371; 136-18(5); 143B-346; 143B-350(f);

Eff. July 1, 1978;

Amended Eff. November 1, 1993; October 1, 1991; April 1, 1984; April 11, 1980;

Temporary Rule Eff. October 1, 2000;

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

 

19A NCAC 02D .0634      DELEGATION

19A NCAC 02D .0635      COORDINATION OF MOVEMENT

19A NCAC 02D .0636      SPECIAL CONDITIONS

19A NCAC 02D .0637      SPECIAL PERMIT LIMITATIONS

19A NCAC 02D .0638      UNUSUAL CIRCUMSTANCES

 

History Note:        Authority G.S. 20‑119; 136‑14.1; 136‑18(5);

Eff. July 1, 1978;

Amended Eff. December 1, 1990; April 1, 1984; November 1, 1978;

Repealed Eff. October 1, 1991.

 

19A NCAC 02D .0639      SPECIAL PERMITS FOR PASSENGER BUSES

 

History Note:        Authority G.S. 20‑118(8);

Eff. September 1, 1978;

Repealed Eff. October 1, 1991.

 

19A NCAC 02D .0640      PERMIT MANUAL OVERSIZE: OVERWEIGHT MOVEMENTS

 

History Note:        Authority G.S. 20‑119; 20‑360; 20‑361; 20‑367; 20‑369; 20‑371; 136‑18(5);

143B‑346; 143B‑350(f); 150A‑62; 150A‑63(c);

Eff. April 11, 1980;

Repealed Eff. April 3, 1981.

 

19A NCAC 02D .0641      PERMIT FEES

 

History Note:        Authority G.S. 20‑119; 136‑18(5); 143B‑359(f)(13); 12‑3.1;

Eff. April 1, 1984;

Repealed Eff. October 1, 1991.

 

19A ncac 02D .0642      TEMPORARY AUTHORIZATION FOR ISSUANCE OF PERMITS

 

History Note:        Authority G.S. 20‑118(f); 20‑119; 136‑18(5);

Temporary Adoption Eff. October 19, 2000;

Temporary Adoption Expired August 12, 2001.

 

19A NCAC 02D .0643      ESCORT VEHICLE DRIVER CERTIFICATION

On or after July 1, 2003, when an escort vehicle is required, escort vehicle drivers shall be certified in accordance with 19A NCAC 02D .0644.  Certification credentials shall be carried in the vehicle and shall be readily available for inspection by law enforcement officials with jurisdiction.

 

History Note:        Authority G.S. 20-119;

Temporary Adoption Eff. March 11, 2002;

Eff. April 1, 2003.

 

19A NCAC 02D .0644      OVERSIZE-OVERWEIGHT LOAD ESCORT VEHICLE OPERATOR cERTIFICATION PROGRAM

(a)  The Secretary of Transportation or his designee shall administer an Oversize-Overweight Load Escort Vehicle Operator Certification Program as required by G.S. 20-119.

(b)  The escort vehicle operator certification program shall include the following:

(1)           Instruction on safe and effective escort skills.

(2)           Examination that documents course comprehension.

(3)           Recognition of escort vehicle operator certification.

(4)           Recognition of escort vehicle operator certification from other states which have certification programs for operators with out-of-state driver's license.

(c)  The department shall issue a certificate which provides recognition of satisfactory completion of the instruction.

(1)           The certificate shall be effective for four years from issue date.

(2)           The certificate shall be reissued upon satisfactory completion of a current certification examination administered by North Carolina Department of Transportation (NCDOT) training providers.

(d)  Any operator authorized to escort a permitted oversize-overweight load in North Carolina shall make application to NCDOT and be qualified as follows:

(1)           An escort certified by another state's approved program;

(2)           A North Carolina law enforcement officer; or

(3)           A person who:

(A)          Meets one of the following requirements:

(i)            Is at least 21 years of age; or

(ii)           Is at least 18 years of age with a Class A commercial driver's license;

(B)          Possesses a valid driver's license without restrictions other than for use of corrective lens and has demonstrated evidence of operating a motor vehicle safely which includes not operating in a reckless manner or driving while impaired in the previous 12 months.  The driving record shall be documented by a certified copy of Division of Motor Vehicles (DMV) Driver's Record accompanying the application;

(C)          Possesses and provides with application documentation of completion of a defensive driving course approved by the National Safety Council or an equivalent course; and

(D)          Has successfully completed the eight classroom-hours North Carolina Department of Transportation Oversize-Overweight Load Escort Vehicle Operator Certification Program offered by the North Carolina Community College System with a certification examination score of at least 75% correct and has received escort certification by the Department.

(e)  Certification shall be revoked during its effective period for the following:

(1)           Failure to maintain a valid driver's license without restrictions other than for corrective lens; or

(2)           Failure to operate a motor vehicle safely.  Conviction of operating in a reckless manner or driving while impaired shall constitute prima facie evidence of not operating a motor vehicle in a safe manner; or

(3)           Evidence of performing the duties of an escort driver in a manner with the potential to cause an accident, personal injury, or damage to property.

(f)  If certification is revoked under this Section, subsequent certification as an Escort Vehicle Operator shall require reapplication, satisfaction of program prerequisites, and requalification through the certification program.

(g)  An individual who has had his or her certificate revoked may, within 15 days following notification of the adverse action, make written appeal to the Secretary of Transportation for review of the revocation.  The Secretary may affirm or set aside the revocation based on a review of the written appeal, the revocation decision, as well as any available documents, exhibits or other evidence bearing on the appeal.  The individual appealing will be advised of the final disposition of the action within 21 days following receipt of the appeal.

(h)  The Secretary of Transportation or his designee shall recognize certificates of other states whose programs meet the objectives of North Carolina's program for operators with out-of-state driver's license.

(i)  Escort Vehicle Operator certification and a valid driver's license shall be available in the escort vehicle for inspection whenever the operator is performing the role of escort.

(j)  Failure to conform to the escort requirements of this Rule shall result in penalties imposed in G.S. 20-119(d).

 

History Note:        Authority G.S. 20-119;

Temporary Adoption Eff. March 11, 2002;

Eff. April 1, 2003;

Amended Eff. April 1, 2009.

 

SECTION .0700 ‑ HIGHWAY DESIGN BRANCH

 

 

19A NCAC 02D .0701      APPLICATIONS FOR INTERMITTENT ROAD CLOSING

 

History Note:        Authority G.S. 136‑64.1(a);

Eff. July 1, 1978;

Repealed Eff. October 1, 1993.

 

19A NCAC 02D .0702      HIGHWAY SYSTEM LIMITATIONS

The rules in this Section apply only to secondary roads on the state highway system.

 

History Note:        Authority G.S. 136‑64.1(a);

Eff. July 1, 1978;

Amended Eff. October 1, 1993;

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

 

19A NCAC 02D .0703      REVIEW AND APPROVAL AUTHORITY

 

History Note:        Authority G.S. 136‑64.1(d);

Eff. July 1, 1978;

Repealed Eff. October 1, 1993.

 

19A NCAC 02D .0704      APPLICATION PROCEDURES

Application for intermittent road closing shall be submitted to the Chief Engineer in the form of a resolution from the requesting agency and must include the following information plus any additional supportive data the agency deems pertinent to the request:

(1)           county where the road(s) is(are) located;

(2)           secondary road(s) to be affected by flooding (number and local name);

(3)           a plan and profile sheet of the affected secondary road(s) indicating the 5, 10, 25, 50 year and maximum flood stage elevations.  The duration of flooding shall also be indicated showing the total time the roadway surface will be inundated for each storm frequency;

(4)           a statement that the applicant will reimburse the North Carolina Department of Transportation for all damages by reason of the flooding of the highway right of way;

(5)           a statement that the applicant shall be responsible for all damages, by reason of the flooding, to any public utilities upon the highway right of way; and

(6)           a request that a permit be granted to the applicant agency to allow the intermittent closing of the road.

 

History Note:        Authority G.S. 136-64.1(a); 136-64.1(b);

Eff. July 1, 1978;

Amended Eff. December 1, 2012; October 1, 1993;

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

 

19A NCAC 02D .0705      REVIEW PROCEDURES

(a)  Upon receipt of a completed application, the Chief Engineer shall acknowledge the receipt and initiate a preliminary investigation and review.

(b)  In reviewing the application, the following factors shall be taken into consideration as a basis for approval or disapproval:

(1)           traffic count;

(2)           availability of an acceptable detour;

(3)           length of an acceptable detour;

(4)           type road surface (paved or unpaved);

(5)           school bus route – number of buses;

(6)           anticipated frequency of flooding;

(7)           anticipated duration of flooding;

(8)           cost estimates to raise the roadway above flood stage;

(9)           probability of future significant changes in traffic characteristics;

(10)         comments from affected utilities; and

(11)         comments from general public.

(c)  Under no condition shall a permit be issued to allow flooding which would isolate any home, business, or other commercial establishment.

 

History Note:        Authority G.S. 136-64.1(d);

Eff. July 1, 1978;

Amended Eff. December 1, 2012;

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

 

19A NCAC 02D .0706      PUBLIC NOTICE

 

History Note:        Authority G.S. 136‑64.1(c);

Eff. July 1, 1978;

Repealed Eff. October 1, 1993.

 

19A NCAC 02D .0707      PERMIT FORM

The permit, if issued, shall be sent in the form of a letter to the applicant from the Chief Engineer.

 

History Note:        Authority G.S. 136-64.1(d);

Eff. July 1, 1978;

Amended Eff. December 1, 2012;

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

 

19A NCAC 02D .0708      WARNING SIGNS

(a)  Upon approval of an application and the issuance of a permit for flooding, the Department of Transportation will erect the warning signs required by G.S. 136-64.1(d) on the secondary road(s) to advise the general public of the intermittent closing of the road(s) involved unless the applicant has notified the Department that it will erect the signs.

(b)  The applicant must reimburse the department for all costs associated with the fabrication, erection and maintenance of the warning signs.

 

History Note:        Authority G.S. 136‑64.1(d);

Eff. July 1, 1978;

Amended Eff. October 1, 1993;

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

 

19A NCAC 02D .0709      APPEAL PROCEDURES

In the event an application is denied by the Chief Engineer, the applicant shall have the right to appeal the decision to the full Board of Transportation pursuant to the procedures below:

Within 30 days after receiving notice from the administrator that the application has been denied, the applicant must submit to the Secretary of Transportation, by registered mail, a written appeal setting forth with particularity the facts upon which the appeal is based.  After receiving this appeal, the secretary will notify the applicant of the date when the full Board of Transportation shall consider a review of the application.

 

History Note:        Authority G.S. 136-64.1(d);

Eff. July 1, 1978;

Amended Eff. December 1, 2012; October 1, 1993;

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

 

SECTION .0800 ‑ PREQUALIFICATION: ADVERTISING AND BIDDING REGULATIONS

 

19A NCAC 02D .0801      PREQUALIFYING TO BID: REQUALIFICATION

(a)  In order to ensure that contracts let pursuant to G.S. 136-28.1(a) are awarded to responsible bidders, prospective bidders and contractors shall comply with the rules set forth in this Section except as otherwise provided by law.  For highway construction, maintenance and repair contracts other than those specified in G.S. 136-28.1(a), specific project prequalification requirements to satisfy Paragraph (c) of this Rule shall be specified in the bid documents for specific project contracts.

(b)  In order to be eligible to contract with the Department pursuant to G.S. 136-28.1(a), all prospective bidders and subcontractors shall be prequalified with the Department to ensure that they are responsible bidders and reputable contractors capable of effectively and efficiently performing the work awarded to them.

(c)  The requirements of prequalification are as follows:

(1)           Applicants shall demonstrate the necessary experience, knowledge, and expertise to safely perform and timely complete highway construction projects in which they bid or subcontract;

(2)           Applicants shall demonstrate that they have sufficient financial resources, including available equipment and qualified personnel, to adequately perform and timely complete highway construction projects in which they bid or subcontract;

(3)           Applicants shall demonstrate that they have the necessary knowledge and expertise to comply with all state and federal environmental laws relating to highway construction, maintenance and repair contracts; and

(4)           Applicants shall certify they are independent and not affiliated with other bidders of the same project.

(d)  Bidders shall comply with all applicable laws regulating the practice of general contracting as contained in G.S. 87.

(e)  Prospective bidders and subcontractors shall update their prequalification status annually and shall requalify every three years.

(f)  A prequalified bidder or subcontractor must maintain compliance with the rules in this section at all times in order to be eligible to contract with the Department pursuant to G.S. 136.28.1(a). If at any time a bidder or subcontractor fails to comply with these rules, the Department shall disqualify the bidder or subcontractor from any further bidding until he is able to demonstrate compliance with these requirements by requalifying.

 

History Note:        Authority G.S. 136‑18(1); 136‑28.1; 136‑44.1; 136‑45; 143B‑350(f);

Eff. April 3, 1981;

Amended Eff. February 1, 2008; October 1, 1995; December 1, 1994; December 29, 1993; November 1, 1991;

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

 

19A NCAC 02D .0802      INVITATION TO BID

 

History Note:        Authority G.S. 136‑18(1); 136‑28.1; 143B‑350(g);

Eff. April 3, 1981;

Amended Eff. December 1, 1993;

Repealed Eff. February 1, 2008.

 

19A NCAC 02D .0803      ADVERTISEMENT AND INVITATIONS FOR BIDS

(a)  All projects shall be advertised in daily newspapers throughout the state prior to the bid opening.

(b)  On the date of advertisement, an invitation to bid shall be made available to interested parties on the Department's web site.

(c)  The invitation to bid shall indicate the contract identification number and description of the projects to be let, a general summary of the items and approximate quantities of work to be performed, and the time and place for the public opening and reading of the bids received.  Information concerning the cost and the availability of bid documents shall also be provided in the invitation to bid.

(d)  Prospective bidders who desire to bid on projects identified in the invitation to bid shall purchase the project specific bid documents from the Department containing information necessary to submit the bid.  Other interested parties may also purchase project specific bid documents from the Department.  Documents may be purchased at cost from the Department.

 

History Note:        Authority G.S. 136‑28.1; 143‑129;

Eff. April 3, 1981;

Amended Eff. February 1, 2008; December 1, 1993; November 1, 1991;

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

 

19A NCAC 02D .0804      CONTENTS OF PROPOSAL FORMS

 

History Note:        Authority G.S. 136‑18(1); 136‑28.1;

Eff. April 3, 1981;

Repealed Eff. February 1, 2008.

 

19A NCAC 02D .0805      COMBINATION BIDS

The Department may issue proposals for projects in combination or separately, so that bids may be submitted either on the combination or on separate units of the combination. The Department shall make awards on combination bids or separate bids to the best advantage of the Department. No combination bids, other than those specified by the Department in the proposals, shall be considered.

 

History Note:        Authority G.S. 136‑18(1); 136‑28.1;

Eff. April 3, 1981;

Amended Eff. February 1, 2008;

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

 

19A NCAC 02D .0806      INTERPRETATION OF QUANTITIES IN PROPOSAL FORM

(a)  The quantities appearing in the proposal are approximate only and shall be used for the comparison of bids.  Payment to the contractor shall be made only for the actual quantities of the various items that are completed and accepted in accordance with the terms of the contract.

(b)  When quantities are shown for items to be bid on a lump sum basis, these quantities are furnished for the convenience of bidders, and the Department shall not be responsible for, nor guarantee as correct, any quantity given.

 

History Note:        Authority G.S. 136‑18(1); 136‑28.1;

Eff. April 3, 1981;

Amended Eff. February 1, 2008;

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

 

19A NCAC 02D .0807      EXAMINATION OF PLANS: SPECS: CONTRACT: AND SITE OF WORK

A bidder shall examine the site of the work contemplated, the plans and specifications, and the proposal therefor.  A bidder or contractor shall make such independent investigation and examination as he deems necessary to satisfy himself as to conditions to be encountered in the performance of the work and with respect to possible local material sources, the quality and quantity of material available from such property, and the type and extent of processing that may be required in order to produce material conforming to the requirements of the contract.  Upon submission of the bid, the Department shall deem that the bidder has completed the requirements set out in the bid documents as to the conditions to be encountered, the character, quality, and scope of work to be performed, the quantities of materials to be furnished and as to the conditions and requirements of the proposal and plans under which his bid is offered.

 

History Note:        Authority G.S. 136‑18(1); 136‑28.1;

Eff. April 3, 1981;

Temporary Amendment Eff. March 15, 1982, for a period of 47 days to expire on May 1, 1982;

Amended Eff. February 1, 2008; October 1, 1993; March 1, 1984; May 1, 1982;

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

 

19A NCAC 02D .0808      PREPARATION AND SUBMISSION OF BIDS

19A NCAC 02D .0809      BID BOND OR BID DEPOSIT

 

History Note:        Authority G.S. 136‑18(1); 136‑28.1; 143‑129;

Eff. April 3, 1981;

Amended Eff. October 1, 1993; November 1, 1991, July 1, 1982;

Repealed Eff. February 1, 2008.

 

19A NCAC 02D .0810      DELIVERY OF BIDS

(a)  All bidders shall submit bids in accordance with the bid documents to the Department.

(b)  Any bid not delivered within the time or manner specified in the bid documents shall not be accepted and shall be returned to the bidder unopened or, in the case of electronic bids, not read publicly.

 

History Note:        Authority G.S. 136‑18(1); 136‑28.1;

Eff. April 3, 1981;

Temporary Amendment Eff. March 15, 1982, for a period of 47 days to expire on May 1, 1982;

Amended Eff. February 1, 2008; November 1, 1991; July 1, 1982; May 1, 1982;

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

 

19A NCAC 02D .0811      WITHDRAWAL OR REVISION OF BIDS

 

History Note:        Authority G.S. 136‑18(1); 136‑28.1; 143‑29.1;

Eff. April 3, 1981;

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

Repealed Eff. February 1, 2008.

 

19A NCAC 02D .0812      RECEIPT AND OPENING OF BIDS

(a)  The Department shall open and read bids publicly at the time and place indicated in the invitation to bid. Bidders, their authorized agents, and other interested parties may be present.

(b)  Bid evaluation, including bid rejection, waiver of irregularities, or award shall be conducted in accordance with the terms of the bid documents.

(c)  Bid revisions by the Department or bid withdrawal by the bidder shall be made in accordance with the terms of the bid documents.

 

History Note:        Authority G.S. 136‑18(1); 136‑28.1;

Eff. April 3, 1981;

Amended Eff. February 1, 2008; July 1, 1982;

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

 

19A NCAC 02D .0813      WITHDRAW OF BIDS ‑ MISTAKE

19A NCAC 02D .0814      CORRECTION OF BID ERRORS

 

History Note:        Authority G.S. 136‑18(1); 143B‑350(f);

Eff. May 1, 1984;

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

Repealed Eff. February 1, 2008.

 

19A NCAC 02D .0815      REJECTION OF BIDS

19A NCAC 02D .0816      DISQUALIFICATION OF BIDDERS

19A NCAC 02D .0817      CONSIDERATION OF BIDS

 

History Note:        Authority G.S. 136‑18(1); 136‑28.1; 143B‑350(f);

Eff. April 3, 1981;

Recodified from 19A NCAC 02D .0813 (Rule .0815);

Recodified from 19A NCAC 02D .0814 (Rule .0816);

Recodified from 19A NCAC 02D .0815 (Rule .0817);

Amended Eff. April 1, 1999; December 1, 1994; October 1, 1993; November 1, 1991; May 1, 1984; March 1, 1984;

Repealed Eff. February 1, 2008.

 

19A NCAC 02D .0818      NON-CoLLUSION CERTIFICATIONS

(a)  Every bidder shall furnish to the Department an unsworn certification made under penalty of perjury under the laws of the United States, a non-collusion certification at the time of bid, certifying that the bidder has not entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with his or her bid on the project.

(b)  A Non Collusion Certification form means a form provided on the Department's website, www.ncdot.gov, for execution by the bidding prequalified contractor certifying that:

(1)           neither the individual, nor any official, agent, or employee has entered into any agreement, participated in any collusion, or otherwise taken any action that is in restraint of free competitive bidding in connection with any bid or contract;

(2)           the bidder has not been convicted of violating G.S. 133-24 within the last three years; and

(3)           the bidder intends to do the work with its own employees or subcontractors and the bid is not for the benefit of another contractor.

(c)  In the Non Collusion Certification form, the prospective bidder shall certify his or her debarment status under penalty of perjury under the laws of the United States. In the event the prospective bidder cannot certify that he or she is not disbarred, the prospective bidder shall provide a written explanation, which the Department shall review and evaluate to determine if the bidder is prequalified, according to the requirements set out in Rule .0801 of this Section, for bidding, contracting, or subcontracting on Department projects.

 

History Note:        Authority G.S. 136‑18(1); 136‑28.1; 133-30;

Eff. April 3, 1981;

Recodified from 19A NCAC 2D .0816;

Amended Eff. July 1, 2017; February 1, 2008; October 1, 1993; November 1, 1991; October 1, 1991; July 1, 1982.

 

19A NCAC 02D .0819      AWARD OF CONTRACT

 

History Note:        Authority G.S. 136‑18(1); 136‑28.1;

Eff. April 3, 1981;

Recodified from 19A NCAC 2D .0817;

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

Repealed Eff. February 1, 2008.

 

19A NCAC 02D .0820      CANCELLATION OF AWARD

The Board of Transportation may rescind the award of any contract at any time before the receipt of the properly executed contract bonds from the successful bidder.

 

History Note:        Authority G.S. 136‑18(1); 136‑28.1; 143B‑350(f);

Eff. April 3, 1981;

Recodified from 19A NCAC 2D .0818;

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

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

 

19A NCAC 02D .0821      RETURN OF BID BOND OR BID DEPOSIT

19A NCAC 02D .0822      CONTRACT BONDS

19A NCAC 02D .0823      EXECUTION OF CONTRACT

19A NCAC 02D .0824      FAILURE TO FURNISH CONTRACT BONDS

 

History Note:        Authority G.S. 44A‑33; 136‑18(1); 136‑28.1;

Eff. April 3, 1981;

Recodified from 19A NCAC 2D .0819 (Rule .0821);

Recodified from 19A NCAC 2D .0820 (Rule .0822);

Recodified from 19A NCAC 2D .0821 (Rule .0823);

Recodified from 19A NCAC 2D .0822 (Rule .0824);

Amended Eff. December 1, 1993; December 1, 1992; November 1, 1991;

Repealed Eff. February 1, 2008.

 

19A NCAC 02D .0825      CONFIDENTIALITY OF COST ESTIMATES

All cost estimates prepared by the Department for the purpose of comparing bids shall be confidential and not disclosed until after the opening of bids.

 

History Note:        Authority G.S. 133‑33;

Eff. September 1, 1981;

Amended Eff. May 1, 1983;

Recodified from 19A NCAC 2D .0823;

Amended Eff. February 1, 2008; February 1, 1995; October 1, 1993; October 1, 1991;

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

 

19A NCAC 02D .0826      AWARD LIMITS ON MULTIPLE PROJECTS

 

History Note:        Authority G.S. 136‑18(1);

Eff. July 1, 1983;

Recodified from 19A NCAC 2D .0824;

Repealed Eff. November 1, 1991.

 

19A NCAC 02D .0827      SUBSURFACE INFORMATION

(a)  If a subsurface investigation report is available on a project, a copy may be obtained from the Department by the prospective bidders upon request.

(b)  The subsurface investigation is made for the purpose of study, planning, and design, and not for construction or pay purposes. The various field boring logs, rock cores, and soil test data available may be reviewed or inspected in Raleigh at the office of the Geotechnical Unit. Neither the subsurface investigation report nor the field boring logs, rock cores, or soil test data shall be part of the contract.

(c)  General soil and rock strata description and indicated boundaries are based on geotechnical interpretation of all available subsurface data and may not necessarily reflect the actual subsurface conditions between borings or between sample strata within the borehole. The laboratory sample and the in situ (in‑place) test data can be relied on only to the degree of reliability inherent in the test. The observed water levels or soil moisture conditions indicated in the subsurface investigation are as recorded at the time of the investigation. These water levels or soil moisture conditions may vary considerably with time according to climatic conditions including temperature, precipitation and wind, as well as other nonclimatic factors.

(d)  Details shown on the subsurface investigation reports are preliminary only; the final design details may be different. For bidding and construction purposes, the contract contains the documents for final design information on this project. The Department shall not warrant or guarantee the sufficiency or accuracy of the investigation made, nor the interpretations made or opinions of the Department as to the type of materials and conditions that may be encountered. The bidder or subcontractor shall make such independent subsurface investigations as he deems necessary to satisfy himself as to conditions to be encountered on this project. The contractor shall have no claim for additional compensation or for an extension of time for any reason resulting from the actual conditions encountered at the site differing from those indicated in the subsurface information.

 

History Note:        Authority G.S. 136‑18(1); 143B‑350(f)(3);

Eff. March 1, 1984;

Amended Eff. April 1, 1984;

Recodified from 19A NCAC 2D .0825;

Amended Eff. February 1, 2008; October 1, 1993;

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

 

19A NCAC 02D .0828      COMPUTER BID PREPARATION

 

History Note:        Authority G.S. 136‑18(1); 136‑28.1;

Eff. November 1, 1991;

Amended Eff. October 1, 1993;

Repealed Eff. February 1, 2008.

 

19A NCAC 02D .0829      CONTRACT OFFICER

 

History Note:        Authority G.S. 136‑18(1); 136‑28.1;

Eff. November 1, 1991;

Repealed Eff. October 1, 1993.

 

19A NCAC 02D .0830      DEFINITIONS

This Section establishes the Department's rules for letting of contracts pursuant to G.S. 136-28.1(a).  For purposes of this Section, the following definitions shall apply:

(1)           "Bid" means the offer of a bidder on the proposal furnished by the Department to perform work and furnish labor and materials at the prices quoted.

(2)           "Bidder" means an individual, partnership, firm, corporation, or joint venture formally submitting a bid for the work contemplated.

(3)           "Bid documents" means the package of materials, in paper or electronic form, containing all project specific contract information including the plans and proposals furnished by the Department.

(4)           "Contract" means the executed agreement between the Department of Transportation and the successful bidder, covering the performance of the work and the compensation for work.

(5)           "Department" means the North Carolina Department of Transportation.

(6)           "Debarment certification form" means a certification form provided by the Department for execution by the prospective bidder or subcontractor certifying that he is not, nor has been, debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from certain transactions and has not been charged, indicted or convicted of debarment related activities and shall otherwise assume debarment certification responsibilities as part of any contract with the Department.

(7)           "Invitation to bid" means the notification that bids will be received for the construction of specific projects.

 

History Note:        Authority G.S. 136‑28.1;

Eff. October 1, 1993;

Amended Eff. February 1, 2008;

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

 

SECTION .0900 ‑ REGULATIONS FOR INFORMAL         CONSTRUCTION AND REPAIR CONTRACTS

 

 

 

19A NCAC 02D .0901      DELEGATION TO SECRETARY

 

History Note:        Authority G.S. 136‑18(1); 136‑28.1; 136‑44.1; 136‑45; 143‑350(f);

Eff. February 1, 1987;

Repealed Eff. December 1, 1993.

 

19A NCAC 02D .0902      CONTRACT REQUIREMENTS

 

History Note:        Authority G.S. 136‑18(1); 136‑28.1; 136‑44.1; 136‑45; 143‑350(f);

Eff. February 1, 1987;

Repealed Eff. November 1, 1991.

 

SECTION .1000 ‑ ADOPT‑A‑HIGHWAY PROGRAM

 

19A NCAC 02D .1001      PURPOSE

The North Carolina Department of Transportation's Adopt‑A‑Highway Program exists to support the Department's litter abatement efforts.

 

History Note:        Authority G.S. 143B-350;

Eff. November 1, 1991;

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

 

19A NCAC 02D .1002      DEFINITIONS

For purposes of rules in this Section, the following definitions shall apply.

(1)           "Adoption" shall mean the agreement by an individual or group to pick up litter and trash from a specific section of highway right‑of‑way.

(2)           "Adopt‑A‑Highway Program" shall mean the public participation program of the Department designed to assist in the control and reduction of litter on state‑maintained highway right‑of‑way.

(3)           "Adopted Section" shall mean the portion, generally two miles in length, of state‑maintained highway right‑of‑way approved for adoption by volunteers.

(4)           "Authorized Representative" shall mean, in the case of an adoption by a group, the group members acting on behalf of the group for the purpose of adopting a section of highway.

(5)           "Department" shall mean the North Carolina Department of Transportation.

(6)           "Program" shall mean the Adopt‑A‑Highway Program of the North Carolina Department of Transportation.

(7)           "Program Director" shall mean the Director of Beautification Programs of the North Carolina Department of Transportation who has oversight responsibility for the Program.

(8)           "Program Participants" shall mean the individuals or groups who have adopted sections of highways.  Civic and non‑profit organizations, and commercial and private enterprises may be selected as groups for the purpose of adopting a section of highway.

 

History Note:        Authority G.S. 143B-350;

Eff. November 1, 1991;

Amended Eff. November 1, 1993;

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

 

19A NCAC 02D .1003      PARTICIPATION IN THE PROGRAM

(a)  The adoption of a section of highway is a privilege in consideration for public service that may be granted by the Department to individuals or groups who would assist the Adopt‑A‑Highway Program in achieving its purpose.

(b)  Only individuals or groups determined by the Department to exhibit in good faith the willingness and the capacity to perform the responsibilities of the Program will be allowed to adopt a highway.  The Department may refuse to grant a request to adopt a section of highway if, in its opinion, granting the request would jeopardize the Program, be counterproductive to its purpose as set out in Rule 02D.1001 of this Section, or create a hazard to the safety of Department employees or the public.  Highway safety is a principal concern in all decisions related to the Program.  Program participants shall not be discriminated against on the basis of religion, race, national origin, sex or handicap (except where the handicap would affect the individual's safe participation in the Program) with respect to their participation in the Program.

(c)  The Division Engineer or his designee shall approve applications of individuals or groups applying to participate in the Program.  A list of the newly approved participants, by division, shall be submitted to the Program Director for review on the first of each month.  The approval of the Division Engineer is final unless the applications are disapproved by the Program Director by the first day of the next calendar month.  If the Division Engineer has any uncertainty regarding the qualifications of the individual or group applying to the Program, the Division Engineer shall submit the application and all accompanying documents to the Program Director for final action.

(d)  Agreements of adoption shall be for a period of four years.

(e)  Each person participating in the Program shall execute a written release of the Department, its officials, employees and agents from any liability arising out of his or her participation in the Program.  In the case of a minor, such release shall be executed by a parent or guardian.

(f)  Program participants may put recyclable plastic, cans, and glass in blue bags which are furnished by the department and may keep the proceeds received for the recycled materials.

 

History Note:        Authority G.S. 136-140.1; 143B-350;

Eff. November 1, 1991;

Amended Eff. August 1, 2002; November 1, 1993;

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

 

19A NCAC 02D .1004      AGREEMENT

Any individual or group desiring to participate in the Adopt‑A‑Highway Program shall submit an agreement to the Division Engineer of the Division in which the section of highway proposed for adoption is located.  The agreement shall be in the form prescribed by the Department and shall contain at a minimum the following information:

(1)           The highway section to be adopted, as nearly as it can be described;

(2)           The dates of the requested adoption;

(3)           The approximate number of people in the group who will be participating in each cleanup;

(4)           The name, telephone number, and complete street address of the authorized representative for the group and of all members of the group who will actually participate in the Program;

(5)           An acknowledgement by the individual or group of the hazardous nature of the work involved by participating in the Program;

(6)           An acknowledgement that the members of the group agree jointly to be bound by and comply with the terms and conditions set forth in the agreement; and

(7)           The signatures of the Division Engineer, or his designee, and the Authorized Representative of the Program Participant.

 

History Note:        Authority G.S. 143B-350;

Eff. November 1, 1991;

Amended Eff. November 1, 1993;

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

 

19A NCAC 02D .1005      RESPONSIBILITIES OF PROGRAM PARTICIPANTS AND DEPARTMENT

(a)  Any individual or group participating in the Adopt‑A‑Highway Program shall be subject to the following requirements and responsibilities:

(1)           Appointing or selecting an authorized representative to act on behalf of the group;

(2)           Ensuring that each person participating in the program attend a safety meeting and sign a statement acknowledging that they have attended the safety meeting and viewed the Department's safety video before participating in the cleanup of the adopted section;

(3)           Obeying and abiding by the rules adopted by the Department;

(4)           Picking up litter a minimum of four times a year, and as often as necessary to maintain a clean right‑of‑way;

(5)           Ensuring that each individual participant of the group wears a Department approved safety vest or shirt during the pickup;

(6)           Ensuring that each individual participant of the group wear clothing that will not impair vision or movement during the pickup;

(7)           Ensuring that attire that might divert the attention of motorists is not worn during clean up activities;

(8)           Furnishing adequate supervision by one or more adults 21 years of age or older for groups which have participants 12 ‑ 17 years of age;

(9)           Ensuring that no one under the age of 12 is allowed to participate in the clean up activities;

(10)         Prohibiting participants from either possessing or consuming alcoholic beverages or other drugs during clean up activities;

(11)         Ensuring that no signs, posters, or other display material that might distract motorists are brought to the adopted section by group members during or between clean ups;

(12)         Filing after actions reports as prescribed by the Department; and

(13)         Ensuring that all provisions of the agreement are fully performed.

(b)  The Department's participation in the Program will include the following:

(1)           Working with the group to determine the specific section of state right‑of‑way to be adopted;

(2)           Providing safety vests, trash bags and safety information;

(3)           Erecting two signs, one at each end of the adopted section, with the group's name or acronym displayed.  The size, shape and graphic design of the sign shall be in accordance with the Adopt‑A‑Highway sign policy as approved by the Secretary of Transportation.  In the case of theft, vandalism or destruction of a highway sign, the Department shall provide one free replacement of the sign.  Thereafter, any replacement sign shall be paid for by the Program Participant;

(4)           Removing filled trash bags;

(5)           Removing litter from the adopted section under unusual circumstances, i.e., removing large, heavy or hazardous items;

(6)           Monitoring to ensure the objectives of litter abatement are being met; and

(7)           Monitoring to evaluate the overall operation of the Program and to gauge its effectiveness.

 

History Note:        Authority G.S. 143B-350;

Eff. November 1, 1991;

Amended Eff. November 1, 1993;

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

 

19A NCAC 02D .1006      GENERAL LIMITING CONDITIONS

(a)  The Department shall determine which highways are eligible for adoption.

(b)  The Department shall determine the designation of the section of right‑of‑way to be adopted.  The Department will consider community sentiment in determining the designation of the section of right‑of‑way to be adopted.

(c)  State roads in residential neighborhoods will not normally be available for adoption.  Exceptions include roads adopted by the neighborhood residents.  Underlying fee owners' objections to a specific adoption shall be considered.

(d)  If any of the Program's actions are determined to be contrary to any statutory restrictions, or any restrictions on the use of appropriated funds for political activities, the Department may take any necessary remedial action, including, but not limited to, the removal of the erected signs displaying the Program Participant's name or acronym or the termination of the adoption agreement.

(e)  Names, titles or words placed on Adopt‑A‑Highway signs shall be approved by the North Carolina Department of Transportation.

 

History Note:        Authority G.S. 143B-350;

Eff. November 1, 1991;

Amended Eff. November 1, 1993;

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

 

19A NCAC 02D .1007      MODIFICATION/RENEWAL/TERMINATION OF THE AGREEMENT

(a)  The Adopt‑A‑Highway agreement may be modified in scope or altered in any other manner at the discretion of the Department.

(b)  Program participants shall have the option of renewing the agreement, subject to the approval of the Department and the continuation of the Program by the Department.  Information concerning Program participants is to be updated at the time of renewal.

(c)  The Department may terminate the agreement or remove the Adopt‑A‑Highway signs bearing the Program participant's name or acronym if it finds and determines that the participant is not meeting the terms and considerations of the agreement, that the participant is acting contrary to the rules of the Program, that the adoption is proving to be counter productive to the Program's purpose, that undesirable results such as increased litter, vandalism or sign theft, are resulting from the adoption, that Program participants have engaged in irresponsible conduct at the adopted section which would bring discredit upon the State, or that other good cause exists to terminate the agreement or remove the Adopt‑A‑Highway sign.

 

History Note:        Authority G.S. 143B-350;

Eff. November 1, 1991;

Amended Eff. November 1, 1993;

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

 

19A NCAC 02D .1008      TERMINATION OF THE PROGRAM

 

History Note:        Authority G.S. 136‑18(10);

Eff. November 1, 1991;

Repealed Eff. November 1, 1993.

 

SECTION .1100 - DISADVANTAGED BUSINESS ENTERPRISE, MINORITY BUSINESS ENTERPRISE AND WOMEN BUSINESS ENTERPRISE PROGRAMS FOR HIGHWAY AND BRIDGE CONSTRUCTION CONTRACTS

 

19A NCAC 02D .1101      PURPOSE AND SCOPE

(a)  The North Carolina Department of Transportation shall ensure that Disadvantaged Business Enterprises (DBE) have opportunity to participate in the performance of contracts financed in whole or in part with Federal funds.

(b)  The North Carolina Department of Transportation shall ensure that Minority Business Enterprises (MBE) and Women Business Enterprises (WBE) have opportunity to participate in the performance of contracts financed with non-Federal funds.

(c)  Contracts financed with federal funds shall comply with 49 CFR 23 and 26.  Contracts financed with non-federal funds shall comply with G.S. 136-28.4 and 49 CFR 23 and 26.

(d)  49 CFR 23 and 26 are incorporated by reference, including all subsequent amendments and editions.

(e)  Information referenced in this Section may be viewed or obtained from the following sources: 

(1)           49 CFR 23 and 26 is available at website http://www.gpoaccess.gov/cfr/index.html or may be purchased at a cost of twenty three dollars ($23.00) from the U.S. Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington, DC 20402-9238, telephone number 202-512-1800. 

(2)           DBE written appeals: U.S. Department of Transportation, Office of Civil Rights, 400 7th Street, SW, Room 5414, Washington, DC 20590.

(3)           The Department's State Contractor Utilization Engineer, 1509 Mail Service Center, Raleigh, NC 27699-1509, telephone number 919-733-7174.

(4)           Disadvantaged/Minority/Women Business Enterprise Directory:

http://apps.dot.state.nc.us/vendor/directory/.

(5)           Unified Certification Application: http://www.ncdot.org or may be obtained at no cost from the State Contractor Management Engineer, Telephone number, (919) 733-7174.

 

History Note:        Authority G.S. 136-28.4; 143B-348;

Eff. April 30, 1997;

Amended Eff. February 1, 2008.

 

19A NCAC 02D .1102      DEFINITIONS

For Purposes of the rules in this Section, the following terms shall apply:

(1)           Disadvantaged Business Enterprise shall have the same meaning as shown in 49 CFR 26 Subpart A.

(2)           Minority shall be defined in accordance with G.S. 136-28.4.

(3)           Women shall be defined in accordance with G.S. 136-28.4.

(4)           Disadvantaged Minority-owned Business/Business Enterprise shall have the same meaning as a Disadvantaged Business Enterprise as shown in 49 CFR 26 Subpart A.

(5)           Disadvantaged Women-owned Business/Business Enterprise shall have the same meaning as a Disadvantaged Business Enterprise as shown in 49 CFR 26 Subpart A.

(6)           The Department's Unified Certification Program (UCP) shall have the same meaning as shown in 49 CFR 26 Subpart E.

 

History Note:        Authority G.S. 143B-348;

Eff. April 30, 1997;

Amended Eff. February 1, 2008.

 

19A NCAC 02D .1103      CERTIFICATION OF FIRMS

(a)  The Department's Unified Certification Program shall be responsible for the certification of all Disadvantaged Business Enterprise, Minority Business Enterprise, and Women Business Enterprise program participants.

(b)  Any Disadvantaged Business Enterprise, Minority Business Enterprise, or Women Business Enterprise firms wishing to participate in the goals programs of the Department shall be certified by the Department.

(c)  The Department shall conduct a certification review after it receives a completed Unified Certification Application and required supporting documentation. The certification review shall be conducted in accordance with the 49 CFR 23 and 26.

(d)  Eligibility shall be in accordance with the 49 CFR 26 Subparts D and E.

 

History Note:        Authority G.S. 136-28.4; 143B-348;

Eff. April 30, 1997;

Amended Eff. February 1, 2008.

 

19A NCAC 02D .1104      RENEWAL OF CERTIFICATION

(a)  Each firm certified as a Disadvantaged Business Enterprise, Minority Business Enterprise, or Women Business Enterprise shall review its certification annually.  The annual review shall be conducted in accordance with the 49 CFR 26.

(b)  Each firm certified as a Disadvantaged Business Enterprise, Minority Business Enterprise, or Women Business Enterprise shall be recertified every three years in accordance with the 49 CFR 26.

 

History Note:        Authority G.S. 143B-348;

Eff. April 30, 1997;

Amended Eff. February 1, 2008.

 

19A NCAC 02D .1105      CHANGE IN OWNERSHIP OR CONTROL

Any time a firm certified with the Department has a change of ownership, control, business size, type of work, or other factors that affect the firm's eligibility as set out in 49 CFR 26 Subparts D and E as a Disadvantaged Business Enterprise, Minority Business Enterprise, or Women Business Enterprise, the firm shall inform the Department in writing within 30 days of the change.

 

History Note:        Authority G.S. 143B-348;

Eff. April 30, 1997;

Amended Eff. February 1, 2008.

 

19A NCAC 02D .1106      DECERTIFICATION

If the Department finds a firm in non-compliance with the standards of eligibility, that firm shall be decertified in accordance with 49 CFR 23 and 26.

 

History Note:        Authority G.S. 143B-348;

Eff. April 30, 1997;

Amended Eff. February 1, 2008.

 

19A NCAC 02D .1107      APPEALS OF DENIAL OF CERTIFICATION

(a)  Any Minority Business Enterprise firm or Women Business Enterprise firm denied certification or decertified may file an appeal of that action to the Department's State Contractor Management Engineer as follows:

(1)           The appeal shall be received by the Department within 30 calendar days of the notice of denial.  Upon receipt of the appeal, the State Contractor Management Engineer shall schedule a hearing for the firm with the Department's Disadvantaged Business Enterprise, Minority Business Enterprise, Women Business Enterprise Appeals Committee.

(2)           If the denial of certification or decertification is upheld by the Department's appeals committee, the Minority Business Enterprise firm or Women Business Enterprise firm may file a written appeal to the Secretary of Transportation within 30 days of the committee's decision.

(3)           If the denial of certification is upheld by the Secretary of Transportation, the decision shall be final.

(b) Any Disadvantaged Business Enterprise firm denied certification or decertified may file an appeal of that action as follows:

(1)           The Disadvantaged Business Enterprise firm may file an appeal to the Department's State Contractor Management Engineer.  The appeal shall be received by the Department within 30 calendar days of the notice of denial.  Upon receipt of the appeal, the State Contractor Management Engineer shall schedule a hearing for the firm with the Department's appeals committee.

(2)           The Disadvantaged Business Enterprise firm may file a written appeal within 90 days of notice of appeal directly to the U.S. Department of Transportation, Office of Civil Rights in accordance with the 49 CFR 26.

(3)           The appeals may be filed simultaneously.

 

History Note:        Authority G.S. 143B-348;

Eff. April 30, 1997;

Amended Eff. February 1, 2008.

 

19A NCAC 02D .1108      GOALS

(a)  The Department shall perform an analysis to determine the availability of ready, willing and able Disadvantaged Business Enterprise, Minority Business Enterprise, and Women Business Enterprise firms relative to all businesses ready, willing and able to participate in Department projects.  Goals for disadvantaged business enterprises, minority business enterprises, and women business enterprises shall be established in accordance with 49 CFR 26 and G.S. 136-28.4(b1).  The goal or goals shall be prescribed in the project proposal as a percent of the bidder's construction bid price.

(b)  The Contractor shall exercise all necessary and reasonable steps to ensure that eligible firms participate in at least the percentage of the contract as required by the project proposal.

 

History Note:        Authority G.S. 136-28.4; 143B-348;

Eff. April 30, 1997;

Amended Eff. February 1, 2008.

 

19A NCAC 02D .1109      COUNTING PARTICIPATION TOWARD MEETING THE GOAL

Participation of Disadvantaged Business Enterprise, Minority Business Enterprise, and Women Business Enterprise firms for federally funded and non-federally funded projects shall be counted in accordance with 49 CFR 26 Subpart C and G.S. 136-28.4.

 

History Note:        Authority G.S. 136-28.4; 143B-348;

Eff. April 30, 1997;

Amended Eff. February 1, 2008.

 

19A NCAC 02D .1110      NON-ATTAINMENT OF GOALS

A contractor who does not meet the goals established shall be considered in non-attainment and shall comply with good faith requirements set forth in 49 CFR 26 Subpart C and G.S. 136-28.4.

 

History Note:        Authority G.S. 136-28.4; 143B-348;

Eff. April 30, 1997;

Amended Eff. February 1, 2008.

 

19A NCAC 02D .1111      PERFORMANCE RELATED REPLACEMENT OF ELIGIBLE FIRMS

(a)  Certified firms who are utilized to meet the goal(s) established and who are not performing their contractual obligation may be replaced.

(b)  Performance related replacement of eligible firms for federally funded projects and non-federally funded projects shall meet the requirements of 49 CFR 26 Subpart C.

 

History Note:        Authority G.S. 136-28.4; 143B-348;

Eff. April 30, 1997;

Amended Eff. February 1, 2008.

 

19A NCAC 02D .1112      REPLACEMENT OF A FIRM REMOVED BY DECERTIFICATION

(a)  Certified firms who are utilized to meet the goals(s) established and become decertified may be replaced.

(b)  Replacement of a firm removed by decertification for federally funded projects and non-federally funded projects shall meet the requirements of 49 CFR 26 Subpart E.

 

History Note:        Authority G.S. 136-28.4; 143B-348;

Eff. April 30, 1997;

Amended Eff. February 1, 2008.