Ariz. Admin. Code § 17-6-101

Current through Register Vol. 30, No. 50, December 13, 2024
Section R17-6-101 - General Provision; Definitions; Time of Day
A. General Provision. The Department shall issue and regulate oversize and overweight special permits as provided under this Chapter. The Department implements these Sections under authority of A.R.S. §§ 28-366, 28-1103, 28-1104, and 28-7045, in collaboration with the Overdimensional Permit Council as prescribed under A.R.S. § 28-1150.
B. Definitions. In addition to the definitions prescribed under A.R.S. §§ 28-101 and 28-601, the following terms apply to this Chapter, unless otherwise specified:

"AASHTO" means the American Association of State Highway Transportation Officials.

"ADOT" means the Arizona Department of Transportation.

"Applicant" means a person or entity seeking to obtain a special permit or envelope permit from the Department under A.R.S. Title 28, Chapter 3, Article 18 or 19, and this Chapter.

"Appurtenance" means any not readily removable manufacturer-installed or dealer-installed fixture attached to a vehicle or load that increases a peripheral dimension of the vehicle or load.

"Arizona Central Commercial Permits Office" means the statewide ADOT ECD office identified on the Department's website as a location available for oversize and overweight special permit and envelope permit information, application, and issuance.

"Cargo carrying unit" has the same meaning as prescribed under A.R.S. § 28-1103.

"Certified law enforcement officer" means a person who is an active duty Arizona peace officer standards and training board certified peace officer.

"Class C Unit" means the statewide ADOT office for class C oversize and overweight special permit applications and information:

206 S. 17th Avenue, Mail Drop 004R

Phoenix, AZ 85007

Voice: (602) 712-8176 or (602) 712-8280

Fax: (602) 712-3380

Internet: www.azdot.gov

"Combination of vehicles" has the same meaning as prescribed under A.R.S. § 28-101, which does not include a mobile home.

"Continuous travel" means the ability to operate or transport an oversize, overweight, or oversize and overweight special permitted vehicle that meets all of the size and weight parameters provided by the Department under R17-6-205(B), R17-6-401(A), and R17-6-412, Table 4, at any time, 24 hours a day, 7 days a week.

"Department's website" means www.azdot.gov.

"ECD" means the Enforcement and Compliance Division of the Arizona Department of Transportation.

"Emergency vehicle" and "Emergency response vehicle" mean the same as prescribed under 23 U.S.C. § 127, which includes a vehicle designed to be used under emergency conditions to:

Transport personnel and equipment; and

Support the suppression of fires and mitigation of other hazardous situations.

"Envelope" has the same meaning as prescribed under A.R.S. § 28-1141, and encompasses the outermost dimensions of a vehicle or vehicle and load combination as prescribed under A.R.S. § 28-1144, without exceeding the maximum permitted weight computations for overweight axle group weight distribution as provided under R17-6-411.

"Envelope permit" has the same meaning as prescribed under A.R.S. § 28-1141, and as further prescribed under A.R.S. § 281144, which when issued by the Department for a vehicle or vehicle and load combination:

Restricts all loads to non-reducible only,

Allows unlimited trips within the permit's period of validity,

Allows the permitted carrier unlimited load changes,

Requires each transported load to meet all envelope dimensional criteria,

Restricts operation to certain routes, and

Makes the permit inapplicable for use in transporting a modular or mobile home.

"Escort" has the same meaning as prescribed under A.R.S. § 28-601, "escort vehicle."

"Established place of business" means a permanent site or location where an oversize or overweight special permit or envelope permit holder conducts business.

"Highway" has the same meaning as prescribed under A.R.S. § 28-101, "street" or "highway."

"Highway feature" means a roadway, structure, traffic control device, right-of-way, or any item connected with highway travel.

"Houseboat" means any large non-reducible watercraft, including a yacht, which when hauled on a vehicle issued an envelope or special permit by the Department as provided under A.R.S. § 28-1144(B), and this Chapter, will not exceed any allowable size or weight indicated on the permit.

"IFTA license" means an interstate user license issued by an applicant's base jurisdiction for fuel tax purposes under the International Fuel Tax Agreement as provided under A.R.S. Title 28, Chapter 16, Article 2, for operation of a use class motor vehicle that is not a recreational vehicle, but is a motor vehicle or vehicle combination designed, used, or maintained primarily for the transportation of persons or property, and:

Has two axles and a gross vehicle weight rating or declared gross vehicle weight of 26,001 pounds or more;

Has three or more axles regardless of weight; or

Has a gross combined weight rating or declared gross combined weight of 26,001 pounds or more.

"Interstate Highway System" means any segment of the Dwight D. Eisenhower System of Interstate and Defense Highways located within the boundaries of this state, officially designated by the state transportation board, and approved by the United States Secretary of Transportation pursuant to 23 United States Code.

"Law enforcement escort" means a uniformed certified law enforcement officer in a fully marked patrol vehicle that accompanies an oversize or overweight special permitted vehicle.

"LCV" means longer combination vehicle, which has the same meaning as prescribed under 23 CFR 658.5.

"Legal weight" means within the maximum gross weight limitations prescribed under A.R.S. § 28-1100 and R17-6-102, Table 1.

"Mobile home" has the same meaning as prescribed under A.R.S. § 28-2001, which may include a mobile home, a manufactured home, or a factory-built building as more specifically prescribed under A.R.S. § 41-4001, if used in the same context as a mobile home prescribed under A.R.S. § 28-2001.

"Motor home" has the same meaning as prescribed under A.R.S. § 28-4301.

"Mountain Standard Time" means the standard time in Arizona as prescribed under 49 CFR 71 and A.R.S. § 1-242.

"National Network" has the same meaning as prescribed under A.R.S. § 28-1092, designated under A.R.S. § 28-1093(C), and detailed under:

23 CFR 658, appendix A, for movement of a vehicle, combination of vehicles, or vehicle and load combination exceeding an overall length or width limitation provided under R17-6-102, Table 1; or

23 CFR 658, appendix C, and A.R.S. § 28-1095(F), for movement of longer combination vehicles exceeding a size or weight limitation provided under R17-6-102, Table 1.

"Natural forest products" include raw or unfinished logs, timber, pulpwood, biomass, wood chips, etc.

"Non-articulated" means any segment of a vehicle or combination of vehicles constructed or configured without hinged mechanisms, bendable joints, or other flexible points of pivot, swivel, or turning, which may hinder or prevent vertical or horizontal movement during transport or while attempting to negotiate turns.

"Non-reducible " or "non-reducible load or vehicle" has the same meaning as prescribed under 23 CFR 658.5, "nondivisible load or vehicle," which applies to any load or vehicle exceeding an applicable length or weight limit that if separated into smaller loads or vehicles would:

Compromise the intended use of the vehicle, i.e., make it unable to perform the function for which it was intended;

Destroy the value of the load or vehicle, i.e., make it unusable for its intended purpose; or

Require more than eight workhours to dismantle using appropriate equipment, with the applicant having the burden of proof as to the number of workhours required to dismantle the load.

"Oversize" means a size of vehicle, combination of vehicles, or vehicle and load combination that exceeds a maximum legal size limitation provided under A.R.S. Title 28, Chapter 3, Article 18 or 19.

" Over-the-road bus" has the same meaning as prescribed under A.R.S. § 28-1099.

"Overweight" means a weight of vehicle, combination of vehicles, or vehicle and load combination that exceeds a maximum legal weight limitation provided under A.R.S. Title 28, Chapter 3, Article 18 or 19.

"Permittee" means a person or entity to whom the Department issues an oversize or overweight special permit or envelope permit under this Chapter, and who is responsible for meeting the obligations, responsibilities, and specifications indicated on the permit.

"Person" has the same meaning as prescribed under A.R.S. § 28-5201.

"Power unit" has the same meaning as prescribed under A.R.S. § 28-1141.

"Public weighmaster" has the same meaning as prescribed under A.R.S. § 3-3401.

"Special permit" means a document issued by the Department under A.R.S. § 28-1103, which authorizes a permittee or driver to operate or transport an oversize, overweight, or oversize and overweight vehicle, combination of vehicles, or vehicle and load combination on the State Highway System, subject to the terms and conditions of the permit issued.

"Special permitted vehicle" means the vehicle, combination of vehicles, or vehicle and load combination described to the Department by a special permit applicant on application for a special permit, as required under A.R.S. § 28-1104, the description of which is then recorded on the Department's computer systems for analysis, approval, and subsequent documentation on any special permit issued by the Department.

"Specified load" means the dimensions and weights a special permit applicant declares to the Department, as provided under A.R.S. § 28-1104, regarding any item or series of items to be transported throughout an entire permit period.

"State Highway System" means all state routes and state highways owned, operated, and maintained by the Department as designated by the state transportation board under A.R.S. § 28-304(B)(2), including all U.S. routes and Interstate highways located within the boundaries of this state.

"Sunrise" and "sunset" have the same meaning and daily calculation as prescribed by the United States Naval Observatory (USNO), which:

The Department uses to determine normal permit transport start and stop times as provided under R17-6-401; and

An interested person may access online at aa.usno.navy.mil, or in hardcopy format from the Arizona Central Commercial Permits Office or any Arizona Port of Entry location listed on the Department's website.

"Tandem axle" has the same meaning as prescribed under A.R.S. § 28-1100(B).

"TI" means traffic interchange, which is a junction of roadways arranged to allow for the free flow of traffic uninterrupted by crossing traffic routed over or under the main roadway.

"Towaway trailer transporter combination" means a combination of vehicles consisting of a trailer transporter towing unit and two trailers or semitrailers as inventory of the trailer or semitrailer manufacturer, distributor, or dealer, and the total weight of the combination plus any property carried does not exceed 26,000 pounds.

"Trailer transporter towing unit" means a power unit that is not used to carry property when in a towaway trailer transporter combination.

"Tridem axle" means a group of three axles connected by a common suspension system, or any three consecutive axles whose extreme centers may be included between parallel transverse vertical planes spaced nine to fourteen feet apart, extend across the width of the vehicle, and are individually attached to, or articulated from, a common attachment to the vehicle, or are designed to automatically equalize the load between the three axles.

"USDOT number" means the motor carrier identification number, assigned to a company by the U.S. Department of Transportation's Federal Motor Carrier Safety Administration, preceded by the letters USDOT.

"Use class motor vehicle" has the same meaning as prescribed under A.R.S. § 28-5601.

"UX" means a temporary highway or route segment designated by the Department as:

A segment of highway no longer part of the mainline U.S. system of highways, but still owned and maintained by the Department; or

A portion of a U.S. Route affected by mining operations and subject to realignment by the mining company as the mine expands operations.

"Watercraft" has the same meaning as prescribed under A.R.S. § 5-301 that is properly registered with the Arizona Game and Fish Department or the U.S. Coast Guard.

C. Time of Day. In this Chapter, a time of day prescribed is Mountain Standard Time as defined under subsection (B) except where a route on the State Highway System traverses a tribal nation that adopts Daylight Saving Time under 49 CFR 71.2.

Ariz. Admin. Code § R17-6-101

New Section made by final rulemaking at 9 A.A.R. 665, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 13 A.A.R. 866, effective March 6, 2007 (Supp. 07-1). Amended by final rulemaking at 19 A.A.R. 2486, effective September 7, 2013. Amended by final rulemaking at 28 A.A.R. 1264, effective 7/8/2022.