SAFETY REGULATIONS AND PERMIT FEES FOR OVERWEIGHT AND OVERDIMENSIONAL VEHICLES

14-26.001 Schedule of Fees for Permits. (Repealed)
14-26.002 Exemptions from Fee Requirement. (Repealed)
14-26.003 Purpose. (Repealed)
14-26.004 Scope. (Repealed)
14-26.0041 Definitions and Terms.
14-26.0042 Exemption from Permit.
14-26.0043 SASHTO Agreement on Multi-State Permitting of Oversize and Overweight Vehicles.
14-26.0044 Interstate Movements.
14-26.005 Intent. (Repealed)
14-26.0051 Criteria for Issuance of Permits.
14-26.006 Procedure for Issuance of Permits.
14-26.007 Liability of Permittee.
14-26.008 Schedule of Fees.
14-26.009 Exemptions from Fee Requirement.
14-26.010 Weight Limitations.
14-26.011 Waiver of Axle Limitations.
14-26.012 Movement Conditions and Restrictions.
14-26.013 Permits to Move Buildings.
14-26.0131 Permits to Move Ocean-Going Sealed Containerized Cargo Units. (Repealed)
14-26.01311 Permits to Move Sealed Containerized Loads.
14-26.014 Non-Compliance.
14-26.015 Penalties.

    14-26.0041 Definitions and Terms. As used in this Rule Chapter, the following terms shall have the following meanings:

    (1) "Agricultural" means pertaining to, or dealing with husbandry, agriculture, or farm, including horticulture, floriculture, dairying, poultry, livestock, and other commodities with a situs of production upon the farm.

    (2) "Axle Measurements" means the measurement between the centers of the axles as measured from center-to-center of wheel hubs.

    (3) "Blanket Permit" means the same as "Multi-Trip Permit."

    (4) "Daytime Hours" is as defined by Section 316.003(7), Florida Statutes . Movement is prohibited at any time when visibility is impaired due to smoke, fog, rain, or visibility is less than 1,000 feet.

    (5) "Department’s Permit Office" means the Permit Section, State Maintenance Office, Florida Department of Transportation, with offices located in Tallahassee, Florida.

Mailing address is:
      Florida Department of Transportation
      Permit Section
      605 Suwannee Street, M.S. 62
      Tallahassee, Florida 32399-0450.

    (6) "Emergency Move" means movement is necessary anytime life or property is in danger, requiring immediate response.

    (7) "Escort Vehicles" means a separate vehicle equipped with a working, amber warning light device located on top of the escort vehicle, and operated by a qualified escort, law enforcement escort, or any combination shown in Rule 14-26.012, F.A.C.

    (8) "Excluding Weekends and Holidays" means movement on Saturday and Sunday is limited to the period of time beginning one-half hour before sunrise and ending at 12:00 noon, and is prohibited all day on New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas. When any of these holidays are observed on a day other than the calendar date of that holiday, the observed dates shall be recognized as a holiday for the purposes of this requirement. Further, when additional days are observed around the calendar date of the holiday, such as the day before and the day after Thanksgiving, Christmas, and New Year’s Day, the additional observed date(s) shall be recognized as a holiday for the purposes of this requirement.

    (9) "Expired Permit" means a trip permit which has lapsed for less than 24 hours or a multi-trip permit which has lapsed for less than 30 days; all other lapsed permits shall cause the vehicle to be considered to be operating without a permit.

    (10) "External Bridge" (also called "outer-bridge") means the distance from the center of the front steering axle of the vehicle (or combination of vehicles) to the center of the last axle of the vehicle (or combination of vehicles).

    (11) "Fifth Wheel" means a mechanism designed to couple a semi-trailer to a truck tractor which supports the forward portion of the semi-trailer and is designed to allow swivel or turning of the trailer at the point located over the rear axles of the truck.

    (12) "Flag" means a device at least 12 inches square made of red or florescent orange cloth or plastic used to warn approaching traffic of a safety hazard.

    (13) "Gross Vehicle Weight Rating" (GVWR) means the loaded weight of a single vehicle specified by the manufacturer and as provided in 49 C.F.R Section 383.5.

    (14) "Gross Weight" means the total weight imposed on the road surface by all axles on the vehicle, including weight of the vehicle and any load thereon.

    (15) "Implement of Husbandry" is as defined in Section 316.003(16), Florida Statutes.

    (16) "Inner-Bridge" refers to the following: For the Interstate Highway System, inner-bridge legal weight limits are established. There is a weight limit for the truck tractor portion of the truck tractor/semi-trailer combination and a weight limit for the latter part of the combination. The extreme axle distances for each of the two portions are both designated as inner-bridge limits. The inner-bridge for the truck tractor portion is the distance from the center of the steering axle to the center of the last truck tractor axle. The inner-bridge for the latter portion is the distance from the center of the rear axle of the tractor or the center of the first axle of the rear axle group of the tractor to the center of the last axle of the trailer.

    (17) "Kingpin Setting" means the distance between the kingpin or other peg which locks into the fifth wheel and the center of the rear axle or rear axle group.

    (18) "Law Enforcement Escort" means any vehicle, including police motorcycles, recognized as police vehicle equipped with a permanent, external, blue light bar and operated by a police officer as defined in Section 316.003(32), Florida Statutes. A law enforcement escort may be used in place of a qualified escort. However, a qualified escort may not be used in place of a law enforcement escort.

    (19) "Legal Loads" means the truck and item being hauled do not exceed the maximum length, width, height, and weight limitations established in Florida Statutes.

    (20) "Limited Access Facility" is as defined in Section 316.003(19), Florida Statutes.

    (21) "Local Moves" means hauling not more than a 50 mile radius from the point of origin.

    (22) "Local Road" means a route providing service which has relatively low average traffic volume, short average trip length or minimal through traffic movements, and high land access for abutting property.

    (23) "Manufactured Building" is as defined in Section 553.36(11), Florida Statutes.

    (24) "Manufactured Home" is as defined in Section 320.01(2)(b), Florida Statutes.

    (25) "Maximum Dimension" means the maximum out-to-out dimensions of the vehicle and load thereon, including all protrusions.

    (26) "Mobile Home" is as defined in Section 553.36(12), Florida Statutes.

    (27) "Multiple Loading" means the placing of more than one item on a vehicle in a manner which exceeds the maximum length, width, height, and weight limitations established in Florida Statutes.

    (28) "Multi-Trip Permit" means a permit issued to authorize multiple trips for a period not to exceed 12 months. With the exception of inner-bridge and wrecker permits, multi-trip permits shall not be used in combination with other permits.

    (29) "Overhang" means that portion of a load or vehicle attachment that projects beyond the front or rear wheels of a vehicle or the front or rear bumper of a vehicle if it is equipped with a front or rear bumper.

    (30) "Permittee" means the person to whom an oversize/overweight permit is issued.

    (31) "Qualified Escort" means a person qualified to perform escort duties who has been qualified in the manner prescribed in Section     14-26.012(1)(b) and (c), F.A.C.

    (32) "Self-Propelled Equipment" means a single rigid frame unit propelled with its own power source, does not transport a divisible load, and includes equipment such as earth handling equipment, cranes, derricks, and fire trucks.

    (33) "Semi-trailer" is as defined in Section 316.003(46), Florida Statutes.

    (34) "Straight Truck" is as defined in Section 316.003(70), Florida Statutes.

    (35) "Trailer" is as defined in Section 316.003(58), Florida Statutes.

    (36) "Trip Permit" means a permit issued to authorize hauling a load from point of origin to destination, one trip only. With the exception of "inner-bridge" and wrecker permits, trip permits shall not be used in combination with other permits .

    (37) "Truck" is as defined in Section 316.003(59), Florida Statutes.

    (38) "Truck Crane" means any motorized truck vehicle designed and constructed to be used primarily for lifting, lowering, or traversing while     operating from either a secure stationary position or in a rolling position if specifically designed for rolling operation.

    (39) "Truck Tractor" is as defined in Section 316.003(60), Florida Statutes.

    (40) "Unrestricted Movement" means movement is allowed all days, all hours.

    (41) "Valid Permit" means a special permit pursuant to Section 316.550, Florida Statutes, including attachments thereto, that has been issued by the Department and has not been altered, changed, or otherwise modified except in writing by the original issuing authority and such written amendment accompanies the original permit.

    (42) "Vertical Height Indicator" means a device located on the escort vehicle used to determine vertical clearance. This device must be manufactured of non-conductive and non-destructive material and must be a minimum of 6 inches higher than the load being escorted.

    (43) "Warning Light" means an electrical lighting device located on permitted vehicle and escort vehicles, used to warn all approaching traffic of a possible safety hazard.

    (44) "Warning Sign" means a sign device, located on permitted vehicle and escort vehicles, used to warn all approaching traffic of a possible safety hazard.

    (45) "Wrecker Permit" means a special permit issued for the operation of a wrecker where the combined weight of the wrecker plus towed disabled vehicle exceeds the maximum weight established by Section 316.535, Florida Statutes. It may be used in combination with a disabled vehicle’s permit.

Specific Authority 316.550, 334.044(2) FS. Law Implemented 316.515(5), 316.550 FS. History - New 9-15-87, Amended 7-21-91, 6-23-96, 11-10-98.

    14-26.0042 Exemption from Permit. Certain dimensional (width, height, length) exemptions from permit are enumerated in Section 316.515, Florida Statutes. Entities so exempted are also exempted from the requirements for qualified escorts.

Specific Authority 316.550, 334.044(2) FS. Law Implemented 316.515 FS. History - New 9-15-87, Amended 7-21-91, 4-19-94, 6-23-96, 11-10-98.

    14-26.0043 SASHTO Agreement on Multi-State Permitting of Oversize and Overweight Vehicles. The Southeastern Association of State Highway Transportation Organizations (SASHTO) Agreement on Multi-State Permitting of Oversize and Overweight Vehicles, dated July 26, 1994, and the standard permit application form, approved therein, entitled "Multi State Overweight/Oversize Application/Permit" and effective November 22, 1994, are hereby incorporated by reference and made a part of the rules of the Department. The Florida Department of Transportation, representing the State of Florida, is a member state to SASHTO and to the agreement. Copies of this agreement may be obtained at no more than cost pursuant to the provisions of Section 120.53(2), Florida Statutes, by contacting Florida Department of Transportation, State Permits Engineer, 605 Suwannee Street, Mail Station 62, Tallahassee, Florida 32399-0450.

Specific Authority 316.550 FS. Law Implemented 316.550, 320.0104(2) FS. History - New 11-22-94.

    14-26.0044 Interstate Movements. Permittees seeking permits for interstate moves which include the State of Florida may apply ror permits putsuant to the SASHTO Agreement on Multi-State Permitting of Oversize and Overweight Vehicles, incorporated by reference into Rule 14-26.0043 or may apply for permits under those provisions otherwise provided in this Rule Chapter.

Specific Authority 316.550 FS. Law Implemented 316.550, 320.0104(2) FS. History - New 3-28-95.

    14-26.0051 Criteria for Issuance of Permits.

    (1) The Department must consider interference with traffic flow, effect on public safety, and the preservation of state maintained roads. The Department shall consider the following criteria when exercising the discretion to issue or deny a permit and when prescribing conditions which limit the use of said permit:

    (a) All details relevant to the proposed move as presented by the applicant and as requested by the Department;

    (b) Whether the load can be reasonably dismantled or disassembled;

    (c) Protection of the motoring public from traffic hazards created by the movement of overweight and overdimensional vehicles or loads on state maintained roads;

    (d) The convenience and comfort of the other motorists, including undue delays in the normal flow of traffic;

    (e) Prevention of damage to the highway pavement, facilities, and structures;

    (f) Assistance needed by persons, companies, or organizations with special transportation problems involving excess size or weight;

    (g) Whether vehicle(s) meet the Department’s minimum axle load and axle spacing requirements based upon structural analysis of the bridge structures to be crossed;

    (h) The number of lanes and condition of the pavement to be traversed;

    (i) The number, adequacy, and availability of access routes;

    (j) The adequacy of the width of the driving lanes to be used;

    (k) The number and type of accidents and fatalities occurring on the roads of the proposed route;

    (l) The shoulder conditions and widths on the proposed route;

    (m) The average daily volume of traffic;

    (n) The volume of traffic during peak periods;

    (o) The number of traffic signals per mile;

    (p) The frequency of necessary vehicular lane changes;

    (q) The availability of emergency lanes;

    (r) The applicant’s certification of available vertical clearance on the proposed route for all loads/vehicles over 15 feet high;

    (s) Failure to comply with this Rule Chapter when operating overweight or overdimensional vehicles or loads over state maintained roads pursuant to previously issued permits, consistent with the provisions of Section 316.550(5), Florida Statutes;

    (t) Failure to comply with the permitting requirements of this Rule Chapter.

    (2) Override Authority. Authority to override Sections 316.550 and 316.535, Florida Statutes, and Rule Chapter 14-26, F.A.C.

    (a) Normal legal vehicle and load dimensional and weight operations consist of operating within maximum width, height, length, and weight limitations as addressed in Sections 316.515 and 316.535, Florida Statutes. However, pursuant to Section 316.550, Florida Statutes, those in authority over the Department of Transportation operations, such as the Governor, Secretary of the Department of Transportation, Assistant Secretary for Transportation Policy, and the State Highway Engineer have powers by which they, in extenuating circumstances, may authorize the Department’s Permit Office to issue permits for vehicles or loads not specifically authorized by statute or rule, thereby exceeding the normal daily operational safety standards and procedures of Chapter 316, Florida Statutes, and Rule Chapter 14-26, F.A.C.

    (b) These permits must be:

    1. Initiated with a letter signed by the person in authority authorizing issuance of the permit.

    2. Documented in the Department’s Permit Office files.

    3. Concurred with by state coordinators (military and civilian) listed in the Department of Army’s Mobilization Movement Control (MOBCON)     Coordinators directory for all military defense movements.

    (c) In case of emergencies:

    1. Authorized persons may verbally authorize permit issuance, if authorization is documented with a letter within 48 hours with a letter to be filed in the Department’s Permit Office files.

    2. All military defense movement operations need concurrence with state coordinators (military and civilian) listed in the Department of Army’s Mobilization Movement Control (MOBCON) Coordinators directory.

    (d) Under no circumstances shall a permit be issued until it has been verified that the route can accommodate the vehicle and load. The Department is responsible for verifying load carrying capacity of the route. The applicant is responsible for verifying adequate vertical and horizontal clearance. Permit applications requesting a height greater than 15 feet shall be supported by an affidavit from the applicant. The affidavit must include the name of the transporting company, the signature of the permittee, and a statement verifying that the route has been surveyed and clearances exceed the requested permitted dimension by a minimum of 6 inches, thereby allowing all loads to clear the route safely. The surveyed route and the route shown on the application must be identical.

Specific Authority 316.550, 334.044(2) FS. Law Implemented 316.515, 316.550, 334.044(27) FS. History - New 9-15-87, Amended 6-23-96, 11-10-98.

    14-26.006 Procedure for Issuance of Road Use Permits.

    (1) Purpose. The purpose of this Rule Chapter is to protect the public safety, to reduce interference with traffic flow on state maintained roads, and to preserve the state’s transportation facilities by providing standards and procedures to govern issuance of permits for overweight and overdimensional vehicles and loads operating over state maintained roads. All Department actions taken pursuant to this Rule Chapter shall be in accordance with Chapter 120, Florida Statutes. These rules apply to all persons, companies, or organizations operating overweight and overdimensional vehicles and loads over state maintained roads.

    (2) Intent. It is the intent of the Department to require that all reasonable steps be taken to reduce the vehicle load to legal limits of weight and dimensions. The permits for overweight and overdimensional vehicles and loads are intended for a single item load which cannot reasonably be dismantled or disassembled. The Department encourages shipment of overweight or overdimensional loads by rail or water whenever possible.

    (3) The administration of these rules is assigned to the Department’s Permit Office.

    (4) Permitting Process. Payment for permits shall be in cash, or by cashier’s check, personal or company check, money order, or bond/escrow account. When requesting a permit, the following information should be furnished three days before the proposed date of movement:

    (a) Requested date for permit to begin.

    (b) Date and time request was made.

    (c) Type of vehicle/vehicle combination to be permitted (Example: truck, special mobile equipment, factory home, tractor/trailer, truck/trailer, etc.).

    (d) Method of movement (Example: hauled, towed, or self-propelled.).

    (e) Name and phone number of permittee/applicant.

    (f) Total gross weight of vehicle/vehicle combination to include permitted load if over legal weight.

    (g) Extreme axle measurement and individual axle spacings of vehicle/vehicle combination (center of hub to center of hub) if over legal weight.

    (h) Total number of axles and total weight on each axle of vehicle/vehicle combination if over legal weight.

    (i) Width of vehicle and/or load at widest point if over legal requirements.

    (j) Total length of vehicle/vehicle combination and/or load from front to rear to include front and rear overhang. If there is any overhang, separate measurements are to be provided in addition to the total length.

    (k) Description of load to be transported.

    (l) Origin and destination of load.

    (m) Requested route(s) of travel should contain detailed information, such as state highway and interstate route numbers.

    (n) Permit applications, other than requests for multi-state permits, must be on Form 850-040-02, Request for Special Road Use Permit, Rev. 08/98, incorporated herein by reference. Copies of this form are available from the Department’s Permit Office.

    (5) Special Request. A request requiring structural analysis must be submitted in writing at least ten working days before proposed date of movement. In addition to the information required for issuance of a permit, a schematic of vehicle showing all spacings, axle weights, and dimensions must be provided.

    (6) Multi-Trip Permits. With the exception of "inner-bridge" multi-trip permits, all multi-trip permits include a Department map and list indicating routes over which the permitted vehicle and load can or cannot travel. In order for the permit to be valid, the map and list must be attached to the permit. With the exception of an "inner-bridge" and wrecker permit, multi-trip permits shall not be used in combination with other permits.

    (7) Operational use of permits. A valid permit is defined in Section 14-26.0041(40), F.A.C. The configuration and weight(s) of a vehicle and its load traveling under a special permit must match the configuration and weight(s) described on the permit and any authorized amendments to that permit. For vehicles traveling under a trip permit, the vehicle or load must match either the truck tag number, trailer tag number, vehicle identification number, the bill of lading number, or the load identification number identified in the permit; for vehicles traveling under a multi-trip permit, the vehicle type and load must match the vehicle type and load described in the permit. Under both types of permits, the permitted vehicle’s size, weight, number of axles, axle spacings, and any unique characteristics must comply with the limits for that item if addressed in the permit under which it is traveling or any amendment to that permit.

Specific Authority 316.550, 334.044(2) FS. Law Implemented 316.550 FS. History - New 8-26-82, Formerly 14-26.06, Amended 9-15-87, 7-21-91, 6-23-96, 11-10-98.

    14-26.007 Liability of Permittee. Permits are granted with the specific understanding that the permittee shall be responsible and liable for accident, damage or injury to any person or property resulting from the operation of the equipment, including escorts, upon public streets and highways of the state. The permittee shall hold blameless and harmless and shall indemnify the State of Florida Department of Transportation and members thereof, its officers, agents and employees against any and all claims, demands, loss, injury, damage, actions and costs of actions whatsoever, which they or any of them may sustain by reason of unlawful or negligent acts of omission or commission arising in any manner out of the issuance of the permit or the operation of the vehicle and load.

    (1) In order to obtain a permit to operate a vehicle or combination of vehicles and load in excess of the legal height, legal length and a width of ten feet six inches, the permittee will be required to have one of the following:

    (a) Insurance in the amount of $100,000 per person and $200,000 per accident or occurrence for property damage; or.

    (b) A bond in the amount of $100,000 per person and $200,000 per accident or occurrence made payable to the Governor of the State of Florida.

    (2) Permittees obtaining and operating a commercial motor vehicle as defined in Section 207.002(2), Florida Statutes, shall be required to comply with the minimum insurance requirements of Section 627.7415, Florida Statutes.

Specific Authority 316.550, 334.044(2) FS. Law Implemented 316.550 FS. History - New 8-26-82, Formerly 14-26.07, Amended 9-15-87, Repromulgated 4-22-92, Amended 6-23-96.

    14-26.008 Schedule of Fees. The following schedule of fees shall be charged by the Department of Transportation for permits for overweight and overdimensional vehicles operating on state maintained roads:

Specific Authority 316.550, 334.044(2) FS. Law Implemented 316.550 FS. History - New 8-26-82, Formerly 14-26.01, Amended 12-6-83, Formerly 14-26.08, Amended 9-15-87, 7-21-91, Amended 4-22-92, 3-1-94, 6-23-96, 11-10-98.

    14-26.009 Exemptions from Fee Requirement. The following governmental agencies are exempt from the fee requirements specified in Rule 14-26.008 above:

    (1) The United States Government.

    (2) Departments of the State of Florida.

    (3) The Florida National Guard.

    (4) Counties.

    (5) Cities.

    (6) Municipalities.

    (7) Special taxing districts.

    (8) Seminole Tribe as "Tribe" is defined in Chapter 285, Florida Statutes.

The above entities or agencies are exempt from the fee requirement when the overweight/overdimensional permit is issued, in the name of an entity or a governmental agency and when the vehicles are being operated for non-commercial purposes by the entities or agencies. Proof may be required to verify the identity of the entity or agency. The fee will be waived in all cases where the movement of portable public school buildings is contemplated, regardless of where the title rests to the vehicles used in the movement. In the event of officially declared state or national emergencies, permit fees will be waived by the Department where it is determined that the movement is necessary to provide timely support.

Specific Authority 316.550 FS. Law Implemented 316.550 FS. History - New 8-26-82, Formerly 14-26.09, Amended 6-23-96, 11-10-98.

    14-26.010 Weight Limitations. Maximum weight allowed per axle for permit fee schedule shown in Rule 14-26.008 is as follows: 

Specific Authority 316.550 FS. Law Implemented 316.550 FS. History - New 8-26-82, Amended 12-6-83, Formerly 14-26.10, Amended 4-22-92, 6-23-96, 11-10-98.

    14-26.011 Waiver of Axle Limitations. By special request, when the criteria of Rule 14-26.0051, F.A.C., are met, the 25,000 pound limit on a four tired axle can be increased to a maximum of 27,500 pounds and the 35,000 pound limit on an eight tired axle shall be increased up to a maximum of 40,000 pounds without a corresponding decrease on another axle on the hauling vehicle provided the route is acceptable and no bridges or structures are crossed.

Specific Authority 316.550 FS. Law Implemented 316.550 FS. History - New 8-26-82, Amended 12-6-83, Formerly 14-26.11, Amended 11-10-98.

    14-26.012 Movement Conditions and Restrictions.

    (1) Escorts accompanying overdimensional loads are limited to:

    (a) Law enforcement escorts.

    1. For nighttime moves.

    2. When required by permit pursuant to Rule 14-26.012(6), (7), or (8), F.A.C.

    3. Must be a currently certified law enforcement person having jurisdiction within the State of Florida.

    (b) Escorts qualified by another state’s authorizing agency.

    (c) Qualified escorts.

    1. Up to and including July 1, 2000, escorts qualified by successfully completing a Department worksite traffic course currently offered by sponsors approved by the Department’s Maintenance of Traffic Committee will be allowed to escort overdimensional loads. Such sponsors are selected according to prior experience and performance record in presenting instruction courses, demonstrated course content and methods of instruction, familiarity with state and federal standards, and familiarity with Department goals and objectives for the training to be presented.

    2. After July 1, 2000, the Department Worksite Traffic Course will no longer be recognized and will be replaced by a requirement to complete an Escort Qualification Course offered by Department approved sponsors.

    3. Mandatory requirements:

    a . Must be at least 18 years of age and must possess a valid driver’s license in the state or jurisdiction in which he or she is a resident.

    b . Must have successfully completed a minimum eight hour defensive driving course as provided by a National Safety Council qualified instructor or hold a currently valid Commercial Driver’s License (CDL)(Class A, B, or C). The instructor shall not be an employee of the employing escort service.

    c . Must have successfully completed a course in management of highway movements or oversize vehicles and loads and must be qualified to perform such functions within Florida or any other state in the nation. The qualification must be current and must be from an entity approved by the Department based upon that entity’s course content, methods of instruction, and familiarity with state and federal standards.

    d . Shall maintain in his or her possession, for prompt presentation upon request by a law enforcement person or Department representative, a copy or copies of the qualification document or documents verifying completion of the courses required in Rule 14-26.012(2)(b)2. and 3., F.A.C., above.

    e. Shall be requalified every four years.

    (2) Escort Vehicle and Equipment Requirements for Non-Law Enforcement Escort Vehicles.

    (a) Qualified escorts and flagpersons may, when actively escorting permitted loads, perform necessary traffic control functions as defined in Section 316.079(2), Florida Statutes.

    (b) Escort Vehicles.

    1. Escort vehicle(s) must be a single unit vehicle weighing more than 2,000 pounds with a manufacturer’s gross vehicle weight rating less than 15,000 pounds, must be properly licensed, and must be operated by a qualified escort.

    2. Identification signs or placards showing the name of the company or the owner or driver of the escort vehicle must be in a conspicuous place on both the right and left sides of the escort vehicle. The signs or placards shall be at least 8 inches x 12 inches, or contain the equivalent square inches, and shall also contain the telephone number of the owner or driver plainly legible and visible to the motoring public.

    3. All escort vehicles must be equipped with Class 2 amber warning lights that meet (Society of Automotive Engineers Recommended Practice) SAE J845 or SAE J1318, incorporated herein by reference. Copies of this document are available from the Department’s Permit Office. .

    4. Escort vehicles shall display either a bumper mounted or a roof mounted yellow sign (or may display both) reading "OVERSIZE LOAD" with black letters with a minimum brush stroke of 10 inches high and 1 ½ inches wide, which must be visible from front and rear.

    5. Two flags, either red or fluorescent orange in color, which must be at least 12 inches x 12 inches, shall be mounted at approximately a 40 to 70 degree angle on the escort vehicle’s roof rack.

    (c) On board equipment. During escort operations, all escort vehicles shall have onboard the following equipment and such equipment shall be in working order:

    1. Operable two-way electronic communications. Qualified escorts must be in radio contact with load drivers at all times during movements.

    2. Two five-pound fire extinguishers.

    3. "STOP" and "GO" or "STOP" and "SLOW" paddle (minimum 18 inches in diameter with 6 inch high letters).

    4. Safety orange vest, shirt, or jacket.

    5. One hand-held flag, either red or fluorescent orange in color, which must be at least 12 inches x 12 inches.

    6. Two oversized load banners (yellow with black lettering) (for use if the permitted vehicle or load loses its sign(s)).

    7. Hard hat (no color specified).

    8. Three reflective triangles or 18 inch traffic cones.

    9. For over height loads, the lead vehicle must have a height indicator, i.e., height pole.

    10. Additional equipment recommended, but not mandated:

    a. Hand-held two-way electronic communications.

    b. Flares or approved alternatives.

    c. Map(s).

    d. Height indicator for all loads.

    (3) Escort Functions. In cases where one qualified escort is required for an over width load, the qualified escort should precede the load on two lane highways or follow the load on four lane divided highways. In cases where two qualified escorts are required, one must precede the load and one must follow. If the load is over length only, the escort vehicle should be in the rear of the load at all times. Qualified escorts shall operate no more than 300 feet in front of or behind the load unless road conditions dictate otherwise.

    (4) Other Safety Requirements and Restrictions on Permitted Load/Vehicle.

    (a) Flags. Flags shall be clean, have high visibility, and be at least 12 inches x 12 inches. They shall be displayed so as to wave freely on all four corners of over width loads and at the extreme ends of all protrusions, projections, or overhangs.

    (b) Warning Lights.

    1. Required Display. All vehicles or loads exceeding ten feet in width or 14 feet 6 inches in height shall have warning lights.

    2. Description. Warning lights shall be Class 2 amber warning lights that meet SAE J845 or SAE J1318.

    3. Mounting. Warning lights are to be mounted so as to be seen by approaching traffic at all distances between 500 feet and 50 feet under clear atmospheric conditions.

    (c) Warning Signs.

    1. Required Display. All vehicles or loads exceeding 10 feet in width, exceeding legal length, or exceeding legal overhang must display two warning signs. Voids (holes) can be cut in warning signs for lights.

    2. Description. Each warning sign shall consist of black letters 12 inches high with a brush stroke of not less than 1 ½ inches wide on a yellow background. The sign shall state "OVERSIZE LOAD." Each warning sign shall have a total dimension of not less than 7 feet long by 18 inches high.

    3. Location. One sign shall be fastened at the front of the power unit and the other at the rear of the towed unit or at the rear of the load. Signs must not cover any vehicle light or reflector.

    (d) Movement During Periods of Poor Visibility. No travel is allowed when road conditions, weather conditions, or horizontal visibility is less than 1,000 feet. Vehicles which are underway when inclement weather occurs must exit the road at the first available safe location and park in a safe place until the weather clears or until road conditions improve.

    (e) Movements on Weekends and Holidays. Unless otherwise noted on the permit, movements are prohibited on weekends and holidays. At the request of a government entity, when the criteria of Rule 14-26.0051, F.A.C., are met, movement shall be allowed all days, all hours.

    (f) Unrestricted Movement. Movement other than daytime hours must comply with the following requirements:

    1. Steady burning, amber lights shall delineate the shape and size of the load.

    2. The sides and rear of trailers and loads shall be lighted in the manner prescribed in 49 C.F.R. Sections 393.11 through 393.26, as required by Section 316.302(1)(a), Florida Statutes.

    3. Qualified escorts will be required when, based upon a consideration of the nature of the load, the road to be traveled, the area to be traversed, and the time of travel, it is determined that a qualified escort is necessary to ward or direct traffic or the load.

    (5) Width Limitations.

    (a) Limitations up to 10 Feet. When the criteria of Rule 14-26.0051, F.A.C., are met, trip or multi-trip permits shall be issued. Movement permitted all days, daytime hours only. Flags are required.

    (b) Over 10 Feet up to 12 Feet. When the criteria of Rule 14-26.0051, F.A.C., are met, trip or multi-trip permits shall be issued. Movement permitted daytime hours only, excluding weekends and holidays. Flags, warning signs, and warning lights are required. Except for local moves, this is the maximum width allowed on a straight truck.

    (c) Over 12 Feet up to 14 Feet. When the criteria of Rule 14-26.0051, F.A.C., are met, trip or multi-trip permits shall be issued. Movement permitted daytime hours only, excluding weekends and holidays, as defined by Rule 14-26.0041(8), F.A.C. Minimum one escort vehicle, with qualified escort, required at all times. All manufactured buildings, manufactured homes, mobile homes, modular buildings, sheds, and swimming pools shall use a minimum of four warning lights mounted two in the front and two in the rear at each corner of the towed or hauled unit. All other loads shall have a minimum of one warning light mounted at the front and one warning light mounted at the rear of the load. On roadway lanes less than 12 feet wide, bridges with less than 30 feet curb to curb, and in rural areas with traffic volume greater than 12,000 Average Daily Traffic (hereinafter ADT) per lane or in urbanized areas (more than 50,000 population) with ADT greater than 8,000 vehicles per lane, two qualified escorts are required except on loads with a minimum of four warning lights mounted two in front and two in the rear at each corner of the towed or hauled unit. Flags, warning signs, and warning lights are required. Except for local moves, minimum 26,001 pound registered GVW vehicle required with minimum four tires on rear axle(s). Movement will be restricted in congested areas during peak traffic hours unless, based upon a consideration of the size and shape of the load and the anticipated times of travel through a congested area, the distance of travel in the congested area and the length and time of day of the peak traffic periods, it is shown that the safety and efficiency of state maintained roads will not be adversely affected.

    (d) Over 14 Feet up to 16 Feet. When the criteria of Rule 14-26.0051, F.A.C., are met, trip permits shall be issued. Movement permitted daytime hours only, excluding weekends and holidays. Two escort vehicles, with qualified escorts, are required at all times during the move, one in the front and one in the rear of the load . All loads consisting of manufactured buildings, manufactured homes, mobile homes, modular buildings, sheds, and swimming pools shall use a minimum of four warning lights mounted two in the front and two in the rear at each corner of the towed or hauled unit. All other loads shall have a minimum of one warning light mounted at the front and one warning light mounted at the rear of the load. Flags, warning signs, and warning lights are required. Permits will not be issued for two lane roadways except for delivery. Two lane roadways shall not be used as a connector route. Movement may be restricted in congested areas during peak traffic hours. The maximum width for manufactured buildings is 16 feet. Except for local moves, minimum 26,001 pound registered GVW tow vehicle required.

    (e) Over 16 Feet . When the criteria of Rule 14-26.0051, F.A.C., are met, trip permits only shall be issued. Same as criteria for "Over 14 Feet up to 16 Feet" except movement will be restricted to local moves unless, based upon a consideration of the size and shape of the load and the anticipated times of travel through a congested area, the distance of travel in the congested area, and the length and time of day of the peak traffic periods, it is shown that the safety and efficiency of state maintained roads will not be adversely affected. Law enforcement escort(s) shall be required for all moves. Item must be moved by rail, air, or water when available.

    (6) Height Limitations.

    (a) Up to 14 Feet 6 Inches. When the criteria of Rule 14-26.0051, F.A.C. are met, trip or multi-trip permits shall be issued. Movement permitted all days, all hours. Except for local moves, this is the maximum height for loads hauled on straight trucks. Automobile transporters may obtain a trip or multi-trip permit for a load up to 14 feet high.

    (b) Over 14 Feet 6 Inches up to 16 Feet. When the criteria of Rule 14-26.0051, F.A.C. are met, trip or multi-trip permits shall be issued. Movement permitted daytime hours only, excluding weekends and holidays, as defined by Rule 14-26.0041(8), F.A.C. Warning light required front and rear of load. Escort vehicle traveling in front of the load with a vertical height indicator is required. Trip permit requests for movement of vehicles over 15 feet high will require an affidavit verifying the proposed route has clearance to accommodate the requested height plus six inches.

    (c) Over 16 Feet. When the criteria of Rule 14-26.0051, F.A.C., are met, trip or multi-trip permits shall be issued. Multi-trip permits shall be limited to 18 feet. Movement permitted daytime hours only, excluding weekends and holidays. Movement will be restricted to local moves only with no movement allowed on limited access facilities unless, based upon a consideration of the size and shape of the load, the anticipated times of travel through a congested area, the peak traffic periods, the distance of the travel in the congested area, and the length of the transported load, it is shown that the safety and efficiency of the state maintained road will not be adversely affected. Trip permit requests for movement of vehicles over 15 feet high will require an affidavit verifying the proposed route has clearance to accommodate the requested height plus six inches. Two qualified escorts are required, a minimum of one must be law enforcement. Appropriate utility personnel will also be required whenever the load will encounter low barriers, such as overhead structures, traffic signals, and low wires.

    (7) Length Limitations.

    (a) Limitations 65 Feet to 80 Feet. When the criteria of Rule 14-26.0051, F.A.C., are met, trip or multi-trip permits shall be issued. Applicable to all permitted vehicles (combination vehicles, e.g., semi-trailer truck combinations, and straight trucks and trailers) and all hours. Minimum 26,001 pound registered GVW vehicle required. Movement permitted all days, all hours. Rear overhang, as defined by Rule 14-26.0041(28), F.A.C., is limited to maximum of 10 feet during nighttime movement unless otherwise stated on the permit. When overhang exceeds 4 feet, a warning light is required on the top of the vehicle; at the extreme rear of the load shall be two red lamps and two red reflectors and on each side of the load shall be one red lamp. Each required warning lamp shall be visible from a distance of at least 500 feet.

    (b) Over 80 Feet. When the criteria of Rule 14-26.0051, F.A.C., are met, trip or multi-trip permits shall be issued. Minimum 26,001 pound registered GVW vehicle required. Movement permitted daytime hours only, excluding weekends and holidays. Warning lights are required on the top of the vehicle and the rear of load. Escort vehicle(s) required when the length exceeds 95 feet. Truck tractor semi-trailers with three points of articulation are allowed up to 105 feet without an escort vehicle. Maximum length for a manufactured home, tractor combination is 105 feet provided the length of the towed housing does not exceed 81 feet, including all overhangs and tongue. Movement over 85 feet shall have time restrictions in areas with traffic volume greater than 12,000 ADT per lane or in urbanized areas (more than 50,000 population) with ADT greater than 8,000 vehicles per lane.

    (c) Self-Propelled Equipment Length Limitations. For all self-propelled equipment, the boom must be fully retracted and all attachments removed. Nightime movement requires that front overhang has a minimum of 80 inches clearance above the roadway. In addition, no movement is allowed on limited access facilities with units designed for off road use.

    1. Total length up to 40 Feet.

    a. Front Overhang over 3 Feet up to 9 Feet. When the criteria of Rule 14-26.0051, F.A.C., are met, trip or multi-trip permits shall be issued. Movement may be permitted on all days, all hours. Warning light is required to be mounted at the extreme end of the boom.

    b. Front Overhang over 9 Feet. When the criteria of Rule 14-26.0051, F.A.C., are met, trip or multi-trip permits shall be issued. Movement permitted daytime hours only unless required in direct support of emergency utility operations, all days. Flags and warning light required. Warning light is required to be mounted in such a way as to be seen by all approaching traffic.

    2. Total Length up to 50 Feet.

    a. Front Overhang up to 9 Feet. When the criteria of Rule 14-26.0051, F.A.C., are met, trip or multi-trip permits shall be issued. Movement may be permitted all days, all hours. Warning light is required to be mounted at the extreme end of the boom.

    b. Front Overhang over 9 Feet. When the criteria of Rule 14-26.0051, F.A.C., are met, trip or multi-trip permits shall be issued. Movement permitted daytime hours only unless required in direct support of emergency utility operations, all days. Flags and warning light required. Warning light is required to be mounted in such a way as to be seen by all approaching traffic.

    3. Total Length over 50 Feet up to 60 Feet. When the criteria of Rule 14-26.0051, F.A.C., are met, trip or multi-trip permits shall be issued. Movement permitted daytime hours only unless required in direct support of emergency utility operations, all days. Flags and warning light required. Warning light is required to be mounted in such a way as to be seen by all approaching traffic.

    4. Total Length over 60 Feet up to 85 Feet Maximum. When the criteria of Rule 14-26.0051, F.A.C., are met, trip or multi-trip permits shall be issued. Movement permitted daytime hours only, excluding weekends and holidays. Flags and warning signs required. Warning light is required to be mounted in such a way as to be seen by all approaching traffic. The extreme end of the boom or block shall be painted high visibility fluorescent for not less than five feet or equipped with a warning light mounted at the extreme end of the boom.

    (8) Multiple Loading. When the criteria of Rule 14-26.0051, F.A.C., are met, trip permits only shall be issued. Multiple Loading will be permitted providing:

    (a) Multiple loading does not cause an increase in the overdimension being permitted (either width, length, or height), and

    (b) The other dimensional characteristics of the load remain within legal dimensions, and

    (c) Legal weight (gross vehicle weight of vehicle tag) is not exceeded:

    1. Legal weight may be exceeded when the gross vehicle weight does not exceed 100,000 pounds and no more than two overlength items are being carried by the permitted vehicle; and

    2. Legal weight may be exceeded when components that are a normal part of the permitted working equipment have been removed to reduce the size of the load for safety reasons, e.g., blade, rake. For example, a load consisting of a bulldozer along with an unattached blade and rake, both of which can be attached to the bulldozer, would be acceptable; however, a bulldozer may not be transported with two blades where only one blade can be attached for normal use of the bulldozer.

    (9) Designated Permits.

    (a) An "Implement of Husbandry" will be issued trip or multi-trip permits for local moves on local roads in farming areas when, based upon a consideration of the size and shape of the load and the anticipated times of travel through a congested area, the distance of travel in the congested area and the length and time of day of the peak traffic periods, it is shown that the safety and efficiency of the state maintained roads will not be adversely affected.

    (b) Movement of empty truck tractor semi-trailers up to 11 feet in width, not exceeding 105 feet in length, traveling on or within five miles of limited access roadways, when operating with a valid permit will be allowed to travel nighttime hours . The truck tractor semi-trailer must be lighted in accordance with Florida Statutes and have at least one 360 degree amber warning light located on the top of the truck tractor, visible from front, rear, and sides. When traveling empty, it is acceptable to load extra axles and stingers onto the associated trailer to reduce overall dimensions for safety purposes.

    (c) Semi-trailers greater than 53 feet but not exceeding 57 feet 6 inches in length and with no overhang of load in a truck tractor trailer combination, hauling a divisible load may obtain a trip or multi-trip permit when the criteria of Rule 14-26.0051, F.A.C., are met.

    (d) Truck tractor trailers may obtain a trip or multi-trip permit to deviate from inner-bridge requirements when traveling on interstate highways and when the criteria of Rule 14-26.0051, F.A.C., are met. The vehicle must comply with all outer-bridge and axle weight requirements.

    (10) Proceeding through Weigh Station. Escort vehicles in the process of escorting a permitted vehicle or load must proceed through weigh stations and must not bypass such stations.

    (11) Wrecker Permits.

    (a) When the combined weight of the wrecker and disabled vehicle being towed exceeds the maximum weight limits established by Section 316.535, Florida Statutes, the wrecker must be operating under a current wrecker special use permit or permits as provided in Section 316.550 (4), Florida Statutes.

    (b) Escort requirements, if any, for towing disabled permitted vehicles shall be as prescribed in the original permit or amendment thereto for the towed vehicle.

    (c) It is the responsibility of the wrecker operator to secure permits necessary to cover the attached load when otherwise required.

    (d) In all instances where legal weight is exceeded, all available brakes on the towed vehicle will be actuated.

    (e) A legally permitted wrecker shall not cause an illegally loaded vehicle to become legal by attaching to it.

    (f) Blanket permits shall be issued, when the criteria of Rule 14-26.0051, F.A.C., are met, for weights not to exceed 132,000 pounds and lengths not to exceed 120 feet (combined weight or length of the wrecker and the towed disabled vehicle) with attached map(s) showing acceptable routes for specific axle and vehicle configurations.

    (g) Trip permits shall be issued, when the criteria of Rule 14-26.0051, F.A.C., are met, if specific vehicle information concerning number of axles, axle spacing, and vehicle weight (wrecker and disabled vehicle) is provided.

Specific Authority 316.550, 334.044(2) FS. Law Implemented 316.550, 334.044(27) FS. History - New 8-26-82, Amended 12-6-83, Formerly 14-26.12, Amended 9-15-87, 5-2-90, 7-21-91, 6-23-96, 11-10-98.

    14-26.013 Permits to Move Buildings. These permits are issued by the Department of Transportation District Secretaries in the areas where the moves originate in accordance with Rule Chapter 14-63, F.A.C.

Specific Authority 316.550, 334.044(2) FS. Law Implemented 316.550 FS. History - New 8-26-82, Formerly 14-26.13, Amended 7-21-91, 6-23-96.

    14-26.01311 Permits to Move Sealed Containerized Loads.

    (1) Definitions. For the purposes of this rule:

    (a) In accordance with Section 316.302(4), Florida Statutes, hazardous waste or hazardous materials are those as defined in 49 C.F.R., 172.504 Table 1 and hazard classes 2.1, 2.2, 3, 4.2, and 6.1 in Table 2.

    (b) A sealed containerized load is a freight container as defined by the International Standards Organization, Series 1, Freight Containers - Classification, dimensions and ratings, ISO668-1988 [E], which freight container may or may not have wheels.

    (c) Destination point is the location where the packer’s seal or U.S. Customs’ seal is broken.

    (d) Point of origin is the location where the packer’s seal is affixed.

    (2) General. The Department shall treat a sealed containerized load being moved via a truck or trucks and rail in conjunction with a maritime shipment, as a "nondivisible" load when:

    (a) The sealed container does not transport hazardous waste, or hazardous materials, as defined in subsection (1)(a). Exceptions for materials packaged as provided in 49 C.F.R., Part 172.101 Hazardous Material Table are allowed. Hazardous materials meeting these packaging exceptions will be eligible for overweight permits; and

    (b) The sealed container is being moved by a vehicle qualified to do so under the provisions of this rule:

    1. From a maritime port to the destination point; or

    2. From a maritime port to a railroad facility for movement to the destination point; or

    3. From the point of origin to a maritime port; or

    4. From the point of origin to a railroad facility for movement to a maritime port; and

    (c) The container retains the original unbroken seal or a replacement U. S. Customs’ seal throughout its transit until reaching its point of destination.

    (3) Unless at least one of the conditions in (2)(b) above is met, no sealed containerized load movements will be permitted under this rule for overweight loads moved by truck or truck and rail from one point to another within the state or from a point within the state to a point in another state.

    (4) Required On-Board Documents.

    (a) The operators of vehicles transporting sealed containerized loads under the provisions of permits issued pursuant to this rule shall at all times have on board and under their control and available for inspection at least one of the following documents:

    1. A short form master bill of lading;

    2. A copy of an electronically transmitted way bill; or

    3. A completed U.S. Customs Service Authority to move (Form 75-12) valid for the permitted load.

    (b) The document(s) required in Section 14-26.01311(4) shall include the following readily identifiable information:

    1. Consignor;

    2. Point of origin;

    3. Consignee;

    4. Point of destination; and

    5. Either the number of the packer’s cargo seal or the number of the U.S. Customs’ seal; and

    6. A statement that the load being transported does not contain any hazardous material as defined in Section 14-26.01311(1)(a) .

    (c) The document(s) required in Section 14-26.01311(4)(a) shall be in the form of hard copy having a signature on each document authenticating the document or a certification signed and dated or by an authorized agent of the permit holder stating that the attached documents are authentic. The required document(s) may be either originals or copies. Original documents shall bear original signatures and copies shall bear original signatures unless they bear a copy of a signature made before copying.

    (5) No Straight Trucks. Because of the nature of the load to be carried and the potential for increased wear to the highway from vehicles so loaded, no straight truck, as defined in Section 316.003(70), Florida Statutes, shall be eligible for a permit to be issued pursuant to this rule.

    (6) Trip Permits. When ordering a trip permit to transport sealed containerized loads, the hauler must furnish all relevant details on the proposed move to the Department’s Permits Section. At a minimum, this shall include:

    (a) Maximum gross weight; and

    (b) Axle spacing (center to center of each axle); and

    (c) The origin and destination of the highway move, specifying intersections at which the vehicle will enter and leave the State Highway System; and

    (d) Either the number of the packer’s cargo seal or the number of the U.S. Customs’ seal; and

    (e) The State highway(s) requested to be traveled; and

    (f) An affidavit providing:

    1. A reasonable description of the contents of the sealed containerized load to be moved under the requested trip permit;

    2. A statement that movements under the requested trip permit will not contain any hazardous material as defined in (1)(a) of this rule; and

    3. A statement that the sealed containerized loads to be moved under the requested trip permit will involve domestic maritime movements,     international maritime movements or both;

    (7) Multi-Trip Permits. When requesting a multi-trip permit, the applicant shall furnish the following details on the proposed move:

    (a) The maximum gross vehicle weight (GVW) of the vehicle and load to be transported under the requested multi-trip permit; and

    (b) The axle spacing from center to center of each axle of vehicles to be utilized under the requested blanket permit.

    (c) An affidavit providing:

    1. A reasonable description of the probable cargo uses to be made of the sealed containers to be moved under the requested blanket permit;

    2. A statement that movements under the requested permit will not contain any hazardous material as defined in (1)(a) of this rule; and

    3. A statement that the sealed containerized loads to be moved under the requested multi-trip permit will involve domestic maritime movements, international maritime movements or both;

    (8) Allowable Axle Weights. The gross weight imposed on the highway by the wheels of any axle of a vehicle operating under a permit issued pursuant to this rule shall not exceed the legal limit for the type of axle configuration being assessed as provided in Section 316.535, Florida Statutes.

    (9) Overall Gross Vehicle Weight. Vehicles operating under a permit issued pursuant to this rule shall not exceed an overall gross vehicle weight (GVW) of 95,000 pounds.

    (10) Axle Spacings. All vehicles operating under a permit issued pursuant to this rule shall meet the minimum axle spacing requirements, dictated by structural analyses of the bridge structures to be involved.

    (11) Number of Axles. All vehicles operating under a permit issued pursuant to this rule shall have a minimum of five full-time, load-bearing axles.

    (12) Outer Bridge Length. All vehicles operating under a permit issued pursuant to this rule shall have an outer bridge length of 51 feet or greater (the outer bridge length is described in Section 316.535(3), Florida Statutes, as being the distance between the first and last axle of the vehicle or combination of vehicles, measured longitudinally to the nearest foot).

    (13) The provisions of Sections 14-26.005 and 14-26.0051 shall not apply to permits to move sealed containerized loads.

Specific Authority 20.05(5), 120.53(1)(b), 316.550, 334.044(2) FS. Law Implemented 316.535, 316.550, 334.044(27) FS. History - New 9-14-93, Amended 6-23-96.

    14-26.014 Non-Compliance.

    (1) Suspension or revocation of permits.

    (a) The Department, for good cause, may suspend for a specified period of time or revoke a blanket permit or a trip permit. Good cause includes, but is not limited to, circumstances as follows:

    1. The permittee fails to comply with the regulations of this rule chapter or the requirements of Florida Statutes.

    2. The Department determines that the permittee has submitted a false, deceptive, or fraudulent permit application.

    3. The permittee fails to comply with the terms of the permit.

    4. The permittee travels on other than approved routes.

    5. The permittee fails to submit a list of specified routes over which the load can or cannot travel, when required.

    (b) Notice of the Department’s intended action will be provided in accordance with Rule 28-106.111, F.A.C. The Department’s action will     become final unless a timely petition for a hearing is filed in accordance with Rules 28-106.104, 28-106.201, and 28-106.301, F.A.C. In order to be timely, the petition must be filed with the Department’s Clerk of Agency Proceedings within 21 days after receipt of the Department’s notice, in accordance with Rule 28-106.111, F.A.C.

    (2) Denial of future permits.

    (a) In addition to a suspension or revocation of a current permit for good cause as set forth in subsection (1) of this rule, the Department, for good cause, as defined by subsection (1)(a) of this rule, will deny issuance of future permits as follows:

    (b) The Applicant shall be informed by written notice that the Department intends to deny the application for permit(s). Notice of the Department’s intended action will be provided in accordance with Rule 28-106.111, F.A.C. The Department’s action will become final unless a timely petition for a hearing is filed in accordance with Rules 28-106.104, 28-106.201, and 28-106.301, F.A.C. In order to be timely, the petition must be filed with the Department’s Clerk of Agency Proceedings within 21 days after receipt of the Department’s notice, in accordance with Rule 28-106.111, F.A.C.

Specific Authority 316.550, 334.044(2) FS. Law Implemented 120.569, 120.57, 120.60, 316.550 FS. History - New 8-26-82, Amended 12-6-82, 3-18-84, Formerly 14-26.14, Amended 9-15-87, 4-22-92, 6-23-96, 1-17-99.

    14-26.015 Penalties.

    (1) Penalties for violation of permit requirements:

    (a) Vehicle operated WITH a special permit that has been FORGED OR ALTERED shall be reported to the appropriate State Attorney’s Office for filing of criminal charges as a prerogative of the said State Attorney.

    (b) An oversize or overweight vehicle eligible for a special permit but is being operated WITHOUT such permit:

    1. For overweight vehicles, the penalties as provided in Section 316.545, Florida Statutes.

    2. For vehicles which exceed the dimensional criteria of Section 316.515, Florida Statutes, the penalties as provided in Section 316.516, Florida Statutes.

    3. Where both overweight and overdimensional violations occur, both overweight and overdimensional penalties shall apply.

    4. Prior to release of the vehicle, the driver shall either correct all offending irregularities or obtain a special permit in accordance with Section 316.550, Florida Statutes.

    (c) An oversize or overweight vehicle not eligible for a permit: Penalties prescribed in paragraph (1)(b) shall apply, but the cited vehicle shall be detained until the load is modified or can be moved safely, as determined by the enforcement officer or Department weight inspector, as provided in Section 316.545(10), Florida Statutes.

    (d) Vehicle operated WITH a valid special permit which vehicle EXCEEDS WEIGHT CRITERIA contained in the permit, the penalty per pound or portion thereof exceeding the permitted weight as provided in Section 316.545, Florida Statutes.

    (e) Vehicle operated WITH a valid special permit which vehicle EXCEEDS DIMENSIONAL CRITERIA contained in the permit, to the extent that the violation exceeds the permitted dimension, penalties as provided in Section 316.516, Florida Statutes, except that the total penalty for the vehicle shall not exceed $1,000.00, as provided in Section 316.550(9)(b), Florida Statutes.

    (f) Vehicle operated WITH a valid special permit which vehicle VIOLATES AN OPERATIONAL OR SAFETY STIPULATION OR PROVISION contained in the permit, as provided below, except that the total penalty for the vehicle shall not exceed $1,000.00, as provided in Section 316.550(9)(c), Florida Statutes:

    1. Per safety stipulation (lights, flags, signs, etc.) violation: $100.00.

    2. Per absent escort: $250.00.

    3. The cited vehicle shall be detained until the qualified or law enforcement escort(s) required by the permit is provided at owner’s expense and responsibility.

    (g) Vehicle operated WITH a valid special permit which vehicle VIOLATES DAYTIME restrictions shown on the permit; which vehicle VIOLATES WEEKEND and HOLIDAYS restrictions shown on the permit; or which vehicle violates the PROHIBITION AGAINST MOVEMENT DURING PERIODS OF POOR VISIBILITY:

    1. Assessed a penalty of $1,000.00.

    2. Vehicle parked at owner’s expense and responsibility until next authorized travel period.

    (h) Vehicle operated WITH a valid special permit which vehicle VIOLATES OUTER-BRIDGE DIMENSION because the outer-bridge dimension is less than the minimum specified on the permit and the permit has not been declared null and void under Rule 14-26.015(2)(i), F.A.C.:

    1. One foot or any portion thereof: 0.20 x $.05/lb x (actual weight less legal statutory weight as defined in Sections 316.535 and 316.540, Florida Statutes).

    2. Two feet or any portion thereof: 0.40 x $.05/lb x (actual weight less legal statutory weight as defined in Sections 316.535 and 316.540, Florida Statutes).

    3. Three feet or any portion thereof: 0.60 x $.05/lb x ((actual weight less legal statutory weight as defined in Sections 316.535 and 316.540, Florida Statutes).

    4. Four feet or any portion thereof: 0.80 x $.05/lb x (actual weight less legal statutory weight as defined in Sections 316.535 and 316.540, Florida Statutes).

    5. Five feet or more: $.05/lb x (actual weight less legal statutory weight as defined in Sections 316.535 and 316.540, Florida Statutes).

    (i) Vehicle operated WITH a special permit BUT which permit has been declared to be NULL AND VOID under Section 14-26.015(2), F.A.C.:

    1. Penalties will be assessed based upon those dimensions and weights which, respectively, exceed the limits established in Sections 316.515 and 316.535, Florida Statutes.

    2. For weight category violations per Section 14-26.015(1)(d), F.A.C.: As provided in Section 316.545, Florida Statutes.

    3. For all other violation categories per Sections 14-26.015(1) (a), (b), (c), (e), (f), (g), and (h), F.A.C.: As prescribed per violation but not to exceed the per category limit plus.

    4. Total penalty per vehicle. Cumulative for the vehicle. However, such total assessed penalty will not exceed a combined amount equal to:

    a. For weight penalty assessments: The amount of the penalty based upon the weight of the vehicle and load as provided in Section 316.535, Florida Statutes; plus

    b. For all other penalty assessments. An amount not to exceed $2,000.

    5. Where the cited vehicle is eligible for a permit, penalties shall be in addition to the requirement that the appropriate permit be obtained prior to release of the cited vehicle. Where the cited vehicle/load is not otherwise eligible for a permit, accrued penalty(ies) shall apply and the cited vehicle shall be detained until disposition can be resolved by appropriate authorities.

    (2) Null and Void Criteria. Any vehicle found to be operating under one or more of the following conditions shall be determined to be out of conformity with the provisions of the permit, in which case the vehicle is considered to be in non-compliance and the permit will be declared to be null and void for that vehicle for that trip:

    (a) The vehicle does not have the required number of axles.

    (b) The vehicle has an expired permit.

    (c) The vehicle is not on the route designated on the permit.

    (d) The vehicle is a self-propelled truck crane towing a motor vehicle that exceeds the 5,000 pound limit allowed in Section 316.550, Florida Statutes.

    (e) The vehicle is operating with a permit which has been altered or forged.

    (f) The vehicle is not as represented by the facts on the permit application.

NOTE: This item will not be utilized if it duplicates another non-conforming factor noted in a specific citation.

    (g) The vehicle contains multiple loading (except for safety).

    (h) The vehicle was operating during nighttime hours but the permit prohibited operations during those hours.

    (i) The tires on the vehicle are smaller than those specified on the permit.

    (j) The vehicle has an outer-bridge dimension which is less than the minimum specified on the permit and the outer-bridge dimension cannot be adjusted to meet the permit requirements or the difference exceeds five feet.

    (k) The vehicle is being operated under a multi-trip permit and there is no attached map and list indicating routes over which the load can or cannot travel if the requirement for such map and list is stated on the permit.

Specific Authority 316.516(4), 334.044(2) FS. Law Implemented 316.516(4), 316.550(6), (8) FS. History - New 6-23-96, Amended 11-10-98.