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ALERT: Intrastate drivers with a  “K” restriction are required to have a valid DOT medical card on their person.

 

TITLE 595. DEPARTMENT OF PUBLIC SAFETY

CHAPTER 30. SIZE AND WEIGHTS PERMITS

RULEMAKING ACTION:

Notice of proposed PERMANENT rulemaking

PROPOSED RULES:

 

Subchapter 3. Size and weight permit load [AMENDED]

 

            595:30-3-2.     A permit is a legal document; permit types [AMENDED]

 

            595:30-3-3.      Requesting, obtaining, and paying for a permit [AMENDED]

 

            595:30-3-5.      Method of placing permit in suspension where conditions exist beyond the control of the permittee [AMENDED]

 

            595:30-3-19.    Manufactured homes and industrialized housing [AMENDED]

 

 SUMMARY:

 

            The proposed rules eliminate the requirement for a driver to maintain a paper copy of a permit. The proposed rules update methods of communication with the agency regarding permit issues. The proposed rules update width restrictions on the transport of mobile homes and manufactured housing to maintain consistency with the Oklahoma Statutes. The proposed rules update the list of non-interstate turnpikes.

 

AUTHORITY:

 

            Commissioner of Public Safety, 47 O.S. §2-108, 47 O.S. §2-105.4A

 

COMMENT PERIOD:

 

            Persons wishing to submit their views in writing may do so before March 19, 2021, at 4:45 p.m. at the following address: Latosha Carrillo, Department of Public Safety - Legal Division, P.O. Box 11415, Oklahoma City, OK 73111, or latosha.carrillo@dps.ok.gov.

 

PUBLIC HEARING:

 

            A public hearing will be held at 1:00 p.m. on Wednesday, March 24, 2021, in Classroom A of the Robert R. Lester Training Center, 3600 N. Martin Luther King Ave. Oklahoma City, OK 73136.

 

REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES:

 

            Business entities affected by these proposed rules are requested to provide the agency with information, in dollar amounts if possible, about the increase in the level of direct costs, indirect costs, or other costs expected to be incurred by the business entity due to compliance with the proposed rules. Business entities may submit this information during the comment period in the same manner described for comments from the public.

 

COPIES OF PROPOSED RULES:

 

            Copies of the proposed rules may be obtained through the Department of Public Safety – Records Division, P.O. Box 11415, Oklahoma City, OK 73111, or in person at the Department of Public Safety – Records Division, 3600 N. Martin Luther King Ave., Oklahoma City, OK 73136. Copies of proposed rules may be purchased at the cost of ten (10) cents per page. Copies of proposed rules may be obtained from the Department of Public Safety website at www.dps.ok.gov.

 

RULE IMPACT STATEMENT:

 

            Pursuant to 75 O.S. §303(D), a rule impact statement will be prepared and available in the same manner as copies of proposed rules after publication of the Notice of Rulemaking Intent.

 

CONTACT PERSON:

 

            Latosha Carrillo, Administrative Programs Officer III, 405-425-2148, latosha.carrillo@dps.ok.gov.           

 

 

595.  DEPARTMENT OF PUBLIC SAFETY

 

CHAPTER 30.  SIZE AND WEIGHT PERMITS

 

 

 

SUBCHAPTER 3.  SIZE AND WEIGHT PERMIT LOAD

 

 

 

595:30-3-2. A permit is a legal document; permit types 

 

(a)    Permit defined. A permit is a legal document authorizing the permittee to move a vehicle or load, which is oversize, overweight, or both, upon the roads and highways of this state when the route constitutes the safest practical routing. The document shall be carried in paper form andin the driversdriver’s possession (Electronic copies will not be acceptable) and consist of:

 

(1)    the information furnished by the applicant contained in the permit,

 

(2)    the conditions and restrictions stated in the permit, and

 

(3)    the applicable provisions of this Chapter, OAC 730:30-9, Oklahoma law, or any combination of provisions.

 

(b)    Annual permits. Annual permits, as authorized by 47 O.S. §14-101 et seq. and by OAC 730:30-9, shall be on a form and in a manner prescribed by the Commissioner of Public Safety. Annual permits shall comport to 23 U.S.C. §127 for interstate applications, to other state statutes relating to size and weight of vehicles and combinations of vehicles, and to OAC 730:30-9 for all roads and highways of this state. Annual permits shall be for a duration of one calendar year from the date of issuance. Annual permits for the movement of vehicles, loads, or both which exceed the size or weight provisions, or both, of 47 O.S. §14-101 et seq., but do not exceed the provisions of OAC 730:30-9 or state statutes relating to maximum allowable permit limits, shall be applied for and issued, using the procedures established in this Chapter, through the Size and Weight Permit Division of the Department of Public Safety. Annual permits shall not be restricted to nondivisible vehicles or loads and shall be specific to the towing vehicle of any vehicle operating as a combination of vehicles.

 

(1)    Fees for annual permits shall be in accordance with the fee schedule contained in 47 O.S. §14-101 et seq.

 

(2)    Annual permits shall be subject to suspension, revocation or cancellation by the Commissioner of Public Safety or an authorized representative upon due process, as outlined in this Subchapter.

 

(c)    Single trip permits. Single trip permits, as authorized in OAC 730:30-9-6(2), shall be on a form and in a manner prescribed by the Commissioner of Public Safety. Single trip permits shall be applied for and issued, using the procedures established in this Chapter, through the Size and Weight Permit Division of the Department of Public Safety. All single trip permits shall comport to OAC 730:30-9 and related state statutes and shall be for a duration of up to, but not to exceed, five (5) consecutive calendar days. Single trip permits shall be issued for nondivisible vehicles or loads, as defined in 23 C.F.R. § 658, which exceed the provision of state statutes but do not exceed the provisions of OAC 730:30-9 or state statutes relating to maximum allowable permit limits. All or any permits may be revoked by any duly qualified law enforcement officer of the Department of Public Safety after having observed any violation of any of the provisions of the permit. The revocation shall be final and no further movement of the vehicle or load shall be authorized until the vehicle or load is authorized by a proper permit.

 

(d)    Multi-trip oversize permits. A multi-trip oversize permit may be issued for a specific motor vehicle, which can be identified by a vehicle identification number or serial number, for movement as set forth in 730:30-9-9(a)(1) and (j).

 

(e)    Annual envelope vehicle permit. An annual envelope vehicle permit shall be issued by the Department in conformity with 730:30-9-16. In addition to the requirements of 730:30-9-16:

 

(1)    An annual envelope permit shall not be used in conjunction with any other permit.

 

(2)    An annual envelope permit shall be void if used for the movement of houses or modular or manufactured homes.

 

(3)    An annual envelope permit shall be void if laminated.

 

(4)    Reasonable access to and from terminals for fuel, food, repairs and rest shall not exceed five (5) statute miles from the roadways authorized by the Oklahoma Department of Transportation.

 

(5)    A vehicle being moved under an envelope permit shall not be moved on turnpikes except on non-interstate turnpikes. Non-interstate turnpikes are:

 

(A)    Indian Nation

 

(B)    Cimarron

 

(C)    Cherokee

 

(D)    Chickasaw

 

(E)    Creek

 

(F)    Muskogee

 

(G)    Kilpatrick

 

(H)    Kickapoo

 

(6)    The operator of a vehicle in excess of 9 feet and 6inches in width which is moving under an envelope permit shall use a valid PikePass to travel on any turnpike listed in paragraph (5) and shall travel only in a PikePass lane when in the area of any tollbooth or turnpike entrance or exit.

 

(f)    Special overheight trailer permit for limited travel. A Special Overheight Trailer Permit for Limited Travel (SOTPLT), in accordance with 47 O.S. § 14-103(B)(1), shall be issued in a manner and on a form prescribed by the Commissioner of Public Safety.

 

(1)    An SOTPLT shall be for a duration as determined by the Commissioner of Public Safety, but under no circumstance shall the permit exceed one (1) calendar year.

 

(A)    The fee for a single trip SOTPLT shall be Forty Dollars ($40.00) and shall be nonrefundable.

 

(B)    The fee for a thirty (30) day SOTPLT shall be Five Hundred Dollars ($500.00) and shall be nonrefundable.

 

(C)    The fee for a one (1) year SOTPLT shall be Two Thousand Dollars ($2000.00) and shall be nonrefundable.

 

(2)    An SOTPLT shall not be restricted to nondivisible loads and shall be specific to the trailer being permitted.

 

(3)    In addition to these requirements:

 

(A)    An SOTPLT shall not be used in conjunction with any other permit.

 

(B)    A trailer being moved under an SOTPLT shall not access nor be moved on any part of the National System of Interstates and Defense Highways or four-lane divided Federal Aid Primary System Highways, state highways or turnpikes.

 

(4)    An SOTPTL shall comply with 595:30-3-18(b)(3), unless otherwise waived by the Commissioner of Public Safety.

 

(5)    An SOTPLT applicant shall submit a detailed application to the Commissioner of Public Safety containing:

 

(A)    Physical features of the route, including but not limited to:

 

(i)    applicable speed limits,

 

(ii)    specifications and description of any bridges,

 

(iii)    infrastructure,

 

(iv)    public or private utility overhead wire lines,

 

(v)    traffic control devices,

 

(vi)    road signage, and

 

(vii)    any potential for pedestrian traffic.

 

(B)    The duration of time the SOTPLT permit is needed.

 

(C)    Trailer information including, but not limited to, VIN, tag number, height and specifications of the trailer.

 

(D)    A certification from the permittee stating the permittee has contacted the effected City Street Department and/or County Commissioner and referenced any possible restrictions or obstacles within their jurisdiction that may impact the permittee's ability to travel.

 

(g)    Multiple trailer or semitrailer permits. To obtain a permit for multiple trailers or semitrailors pursuant to 47 O.S. 14-116 (F) an affidavit must:

 

(1)    be submitted to the Department of Public Safety Size and Weight Permits Division containing:

 

(A)    license plate number of each trailer or semitrailer;

 

(B)    vehicle identification number of each trailer or semitrailer;

 

(C)    US DOT Number of power unit pulling a trailer or semitrailer;

 

(D)    Make and Model of trailer or semitrailer; and

 

(h)    Any violation of any part of this section shall result in the permit being voided.

 

(i)    Prima facie evidence. Undertaking the movement of the vehicles and loads specified in the permit is deemed prima facie evidence of an unequivocal allegation that the permit is accepted by the permittee. Acceptance of the permit by the permittee will be deemed prima facie evidence of an unequivocal allegation by the permittee that:

 

(1)    Permittee is in compliance with all operational requirements;

 

(2)    All dimension and weight limitations specified in the permit will not be exceeded;

 

(3)    All operation, registration, and license requirements have been met;

 

(4)    All financial responsibility obligations and other legal requirements have been met. The permittee assumes all responsibility for injury to any person or for damage to public or private property, including the permittee's own, or to the load being transported, caused directly or indirectly by the transportation of vehicles and loads authorized under the permit.

 

 

 

595:30-3-3. Requesting, obtaining, and paying for a permit 

 

(a)    Requesting and obtaining a permit. A permit shall be applied for and obtained from the Size and Weight Permit Division of the Department of Public Safety, by contacting a permit office either in person, by telephone, or from the Department website. A permit for movement of a manufactured home shall be applied for and obtained in accordance with 68 O.S. §2813 and 47 O.S. §14-103D. The permit office shall make a determination as to whether the permit can be issued based upon the size of load, weight of load, the route to be traveled, the clearance of overhead structures, weather conditions, and traffic conditions.

 

(b)    In-person permit application. All permit offices are open Monday through Friday, except on state holidays. Location and office hours of permit offices are.:

 

(1)    Oklahoma City (main office), 2401 Northwest 23rd Street, Suite 45, Oklahoma City, OK 73107. Office hours:. 8:00 a.m. to 12:00 p.m. (noon) and 1:00 p.m. to 4:30 p.m.

 

(2)    Offices at Oklahoma Highway Patrol district headquarters:

 

(A)    Enid, 5725 West Garriott Road. Office hours: 8:00 a.m. to 12:00 p.m. (noon) and 1:00 p.m. to 4.00 p.m.

 

(B)    Tulsa, 9191 East Skelly Drive. Office hours: 8:00 a.m. to 4:00 p.m.

 

(3)    Field Offices:

 

(A)    Elk City, Merritt Road at the west junction of U.S. Highway 66 and State Highway 6. Office hours: 8:00 a.m. to 12:00 p.m. (noon), and 1:00 p.m. to 4:00 p.m.

 

(B)    Woodward, 2411 Williams Ave. Suite 112A. Office hours: 7:00 a.m. to 12:00 p.m. (noon), and 1:00 p.m. to 4:00 p.m.

 

(c)    Telephone permit application. Telephone applications may be made by calling, toll free, 405-425-7012, Monday through Friday, except on state holidays, between 8:00 a.m. and 4:30 p.m.

 

(d)    Website permit application. Website applications may be made through the Department's website https://permitmanager.okladot.state.ok.us/okiepros/swpermitsok.com.

 

(e)    Payment for a permit. Payment for a permit is to be made by one of the following methods:

 

(1)    Cash (exact change is required). Please do not mail cash.

 

(2)    Certified cashier's check. Make checks payable to "Oklahoma Department of Public Safety."

 

(3)    Money order. Make money orders payable to "Oklahoma Department of Public Safety."

 

(4)    Personal or company check. Make checks payable to "Oklahoma Department of Public Safety." If a personal or company check is not honored by the bank upon which it is drawn, the Department of Public Safety reserves the right to refuse all further checks from the person or company who issued the check.

 

(5)    Credit card. Discover, MasterCard, American Express or Visa will be accepted for payment.

 

(6)    Monthly billing account. [See 595:30-3-7 regarding monthly billing accounts.]

 

 

 

595:30-3-5. Method of placing permit in suspension where conditions exist beyond the control of the permittee 

 

(a)    A permit may be placed in suspension by the permit holder for a maximum of two (2) weeks for inclement weather, road conditions due to weather and equipment breakdown. To place a permit in suspension the permit holder shall:

 

(1)    Contact the permit office within the trip dates. If the permit expires when the permit office is closed, contact the permit office the next working day;

 

(2)    Provide the permit number and trip dates;

 

(3)    Before the permit may be reinstated due to equipment breakdown proper documentation must be sent to the Oklahoma City Permit Office by faxing it to (405) 522-9006submitted to swpermits@dps.ok.gov.

 

(b)    If the permit office is not contacted by the permit holder to remove the suspension of the permit within two (2) weeks of placing the permit in suspension, the permit shall become void, and the permit shall be required to apply for a new permit. Only one (1) suspension shall be granted by the Department per permit.

 

 

 

595:30-3-19. Manufactured homes and industrialized housing 

 

(a)    General provisions for manufactured homes. Permits for movement of manufactured homes and industrialized housing shall require the "Oversize Load" sign and flagging in accordance with 595:30-3-16, and the travel. Other requirements are:

 

(1)    Oversize movement is subject to the provisions of 47 O.S. §14-101 and 595:30-3-4(1).

 

(2)    The towing vehicle must be at least fourteen (14) feet from bumper to bumper, or have a wheel base of at least one hundred eighteen (118) inches to tow a manufactured home or industrialized housing at least twelve (12) feet but not more than sixteen (16) feet in width. All towing vehicles must have dual wheels on the drive axles. If the manufactured home is less than twelve (12) feet wide, the towing vehicle must be a truck of at least three-quarter (3/4) ton capacity. If the manufactured home is twelve (12) feet wide or more, the towing vehicle must be of at least two (2) ton capacity.

 

(3)    Red flags and the "Oversize Load" sign are required as provided in 595:30-3-16.

 

(b)    Manufactured homes not more than ten (10) feet wide. Manufactured homes not more than ten (10) feet wide and with an overall length which exceeds seventy (70) feet are required to have an overwidth permit. The towing vehicle must a truck with a rated capacity of three-quarter (3/4) ton or more. The regulation "Oversize Load" sign and flagging are required, as provided in 595:30-3-16. An "Oversize Load" sign shall be placed on the front of the towing vehicle and the rear of the manufactured home.

 

(c)    Manufactured homes at least twelve (12) feet wide but not more than fourteen (14) feet wide. For manufactured homes at least twelve (12) feet wide but not more than fourteen (14) feet wide, the towing vehicle must be a truck of at least two (2) ton rated capacity, with dual rear wheels. A front escort is required on all two-lane and super two-lane roads and highways. A rear escort is required on all multi-lane highways. The regulation "Oversize Load" sign and flagging are required, as provided in 595:30-3-16. An "Oversize Load" sign shall be placed on the front of the towing unit and the rear of the manufactured home. The towing vehicle must maintain a minimum speed of 40 mph on all multi-lane highways, if conditions are favorable. The load must not extend more than one foot on each side at the eaves.

 

(d)    Manufactured homes more than fourteen (14) feet wide but not more than sixteen (16) eighteen (18) feet wide. Manufactures homes more than fourteen (14) feet wide but not more than sixteen (16)eighteen (18) feet wide will be issued permits in accordance with 47 O.S. §14-103A. The towing vehicle must be a truck of at least two (2) ton rated capacity, with dual rear wheels. Both front and rear escorts are required on all two-lane and super-two lane roads and highways. A rear escort is required on all multi-lane highways. The regulation "Oversize Load" sign and flagging are required, as provided in 595:30-3-16. An "Oversize Load" sign shall be placed on the front of the towing unit and the rear of the manufactured home. Manufactured homes of this width will not be permitted to travel on any turnpike but will be permitted on the Dwight D. Eisenhower System of Interstate and Defense Highways. The towing vehicle must maintain a minimum speed of 40 mph on all multi-lane highways, if conditions are favorable. The load must not extend more than one foot on each side at the eaves.

 

(e)    Manufactured homes more than sixteen (16)eighteen (18) feet wide. Manufactured homes more than sixteen (16)eighteen (18) feet will be issued permits in accordance with 47 O.S. § 14-103A. Manufactured homes more than sixteen (16)eighteen (18) feet shall not be permitted for movements on the Dwight D. Eisenhower System of interstate and defense highways. The towing vehicle must be a tandem-axle truck of not less than two hundred twenty (220) horsepower. Both front and rear escorts are required on all two-lane and super two-lane roads and highways. A rear escort is required on all multi-lane highways. The regulation "Oversize Load" sign and flagging are required on the front of the towing unit and the rear of the manufactured home. Manufactured homes of this width will not be permitted to travel on any turnpike. The towing vehicle must maintain a minimum speed of 40 mph on all multi-lane highways, if conditions are favorable. The load must not extend more than one foot on each side at the eaves.

 

 

TITLE 595.  DEPARTMENT OF PUBLIC SAFETY

CHAPTER 30.  SIZE AND WEIGHT PERMITS

 

RULE IMPACT STATEMENT

[75 O.S. §303(D)(2)]

 

1.         A BRIEF DESCRIPTION OF THE PURPOSE OF THE PROPOSED RULE:

The proposed rules eliminate the requirement for a driver to maintain a paper copy of the permit. The proposed rules update methods of communication with the agency regarding permit issues. The proposed rules update width restrictions on the transport of mobile homes and manufactured housing to maintain consistency with the Oklahoma Statutes. The proposed rules update the list of non-interstate turnpikes.

 

2.         DESCRIPTION OF THE CLASSES OF PERSON AFFECTED:

            Size and weights permit holders.

 

3.         CLASSES OF PERSONS BENEFITTED:

            Size and weights permit holders.

           

4.         ECONOMIC IMPACT UPON AFFECTED CLASSES OF PERSONS:

            There is no anticipated economic impact related to this rule.

 

5.         COST AND BENEFITS TO THE AGENCY:

The rules allow for better communication and reduces administrative burdens to the agency.

 

6.         ECONOMIC IMPACT ON POLITICAL SUBDIVISION:

             There is no anticipated economic impact on political subdivision related to this rule.

           

7.         ECONOMIC IMPACT ON SMALL BUSINESS:

            There is no anticipated economic impact on small businesses related to this rule.

           

8.         MEASURES TAKEN TO MINIMIZE COMPLIANCE COSTS:

            No compliance costs are associated with this rule.

 

9.         EFFECT OF THE PROPOSED RULE ON PUBLIC HEALTH:

There is no effect on public health.

 

10.       DETRIMENTS TO PUBLIC HEALTH IF THE RULE IS NOT ADOPTED:

            There are no known detriments to public health if the rule is not adopted.

           

11.       DATE RULE IMPACT STATEMENT PREPARED: February 16, 2021

           


 

 

 

 

Last Modified on Feb 16, 2021
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