Current through September 2, 2024
Section 39.03.01.105 - WAIVER OF LIMITATIONS FOR EMERGENCY MOVEMENTS01.Board Authority. Notwithstanding other provisions of these rules, the Idaho Transportation Board may waive existing permit policy limitations in an emergency, subject to such limitations or special requirements as the Board may impose.02.Military Emergency Affecting National Security. Any movement by or for a military or other government agency which is in excess of permit policy maximum limits of weight or size or which is otherwise outside established rules must be certified as a military necessity involving national security before receiving any special consideration to provide any waiver of normal permit rules. Certification of military necessity must be made by an official designated as having such authority by the Department of Defense Directory, issued by the Office of the Chief of Transportation, Department of Army. All applications for military emergency movements must be channeled through the Commercial Vehicle Services within the Department.03.Emergencies Endangering the Public Health, Safety, or Welfare, Including but Not Limited to Fire, Flood, or Earthquake. During an emergency endangering public health, safety, or welfare, there may be an urgent and immediate need for equipment. It will not be in the public interest to require a special permit to be in the vehicle before an oversize movement. Verbal approval to proceed without a special permit in the vehicle may be obtained from the Commercial Vehicle Services or an Idaho Port-of-Entry. Once the emergency movement is completed, a formal application for a special permit must be submitted to Commercial Vehicle Services.04.Emergency Movement of Implements of Husbandry. It will be considered an emergency when an implement of husbandry being operated on an official state holiday or a weekend breaks down and a dealer brings replacement equipment to the farmer that exceeds legal height, length, and weight. Verbal approval to proceed without a special permit in the vehicle may be obtained from Commercial Vehicle Service on-call staff. That verbal authorization may include escort vehicle requirements based on the travel route and the load's dimensions. Once the emergency movement is completed, the permittee will formally apply for a permit with Commercial Vehicle Services on the first working day after the occurrence.05.Economic Emergencies. When a circumstance occurs in which an economic hardship is expected to result due to the application of existing rules or limitations, the Transportation Board may consider a petition for the temporary waiver of those rules or limitations which are perceived as being the cause of such economic hardship.Idaho Admin. Code r. 39.03.01.105