29- 250 C.M.R. ch. 157, § 1

Current through 2024-44, October 30, 2024
Section 250-157-1 - DEFINITIONS

Generally, unless the context clearly indicates otherwise, undefined terms used in this rule have the same meaning as in Title 29-A.

1. APPLICATION: means the original or renewal application for the privilege of moving overlimit loads or overlimit vehicles on the public highways.
2. APPORTIONED OR PRORATED FOR THE STATE OF MAINE: means registration based on a proportional payment of registration fees determined through the IRP which includes a fair allotment for Maine.
3. BUREAU: any reference to Bureau in this rule means the Maine Bureau of Motor Vehicles.
4. CLEARANCE refers to the vertical distance between the highest point of the vehicle or load, and an overhead structure. The distance from the chassis to the ground is referred to as under clearance.
5. COMBINATION (OF) VEHICLE(S): means a truck or truck tractor used in combination with a trailer(s) and/or a semi trailer(s).
5A. CRANE: "Crane" means a type of special mobile equipment designed primarily to lift heavy objects, and which does not carry any property except for necessary tools and equipment.
6. COMMISSIONER: means the Commissioner of the Maine Department of Transportation, or any Deputy Commissioner of the Maine Department of Transportation.
7. DAYLIGHT TRAVEL: means travel one-half hour before sunrise to one-half hour after sunset.
8. DESTINATION: means the point where the overlimit load will be required by the applicable overlimit permit to cease movement upon open sections of the public highways within the context of the vehicle's current single move.
9. DIVIDED HIGHWAY: means a highway with a physical barrier or a clearly indicated dividing space dividing opposing traffic, and constructed to impede vehicular traffic over the barrier.
10. DIVISIBLE: means a load which can be reduced to legal limits without destroying its value (See NON-DIVISIBLE LOAD).
11. EMERGENCY OFF-HOUR MOVES: means those moves of overlimit vehicles and/or loads that are made in order to create a degree of remedy to, or contribute to a degree of remedy to a sudden and immediate condition that threatens the health and safety of the public during hours in which the Overlimit Permit Unit is not staffed, or is otherwise unable to process permit applications.
12. ENGINEERING REVIEW/SPECIAL AND DETAILED REVIEW/DETAILED ENGINEERING REVIEW: means the detailed review of an overlimit permit application by an engineer under the Maine Department of Transportation's direction. An engineering review may be required on extreme loads, or when the Issuing Authority deems it necessary.
13. ENVELOPE VEHICLE: means a vehicle and load of a weight and dimensions pre-approved for expedited permitting.
14. EXTREME (WHEN IN REFERENCE TO WEIGHT, HEIGHT, LENGTH, WIDTH): means dimensions or weight deemed to be in excess of the legal limits to such a degree that additional measures are determined to be necessary in order to ensure public safety, to minimize disruption to the public, or to protect highway and bridge infrastructure. The determination of an "extreme" load will depend on various conditions taken together such as the requested route, pavement and shoulder widths, highway geometrics, expected traffic volume, the presence of public utilities or railroad crossings, and the weight and dimensions of the object to be moved. A vehicle or load that is 125 feet or more in length, or exceeds 16 feet in height, or 16 feet in width, or 160,000 pounds generally will be presumed to be an extreme load and may be required to comply with additional safety measures. Every 5-axle crane exceeding 121,000 pounds is presumed to be non-routine, extreme vehicle. Vehicles or loads of lesser dimensions or weight may be determined to be extreme loads based on local conditions.
15. FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION (FMCSA): means an agency of the United States Department of Transportation whose primary mission is to reduce crashes, injuries, and fatalities involving large trucks and buses.
16. GENERAL LAW HIGHWAYS: means all non-Interstate highways in Maine and Interstate 95 from the New Hampshire State line to Exit 113 (Augusta Cushnoc Bridge) which includes the Maine Turnpike.
17. GROSS VEHICLE WEIGHT RATING (GVWR): means the weight rating of the vehicle and maximum load as determined by the final stage manufacturer.
18. HIGHWAY: means all public ways and roads, including the Maine Turnpike, streets, avenues, alleys, boulevards, parks, squares, ferries, bridges and approaches there to within the State.
19. INSTANT OVERLIMIT PERMIT: 1means a serialized document approved by the Overlimit Permit Unit via telephone that authorizes a single trip to legally transport an overlimit vehicle, or vehicle combination, and/or load upon public highways within seven days, along certain approved routes, and from a single origin to a single destination within the state of Maine. Instant permits typically are for a single move, but may be issued for one round trip.
20. INTERNATIONAL REGISTRATION PLAN (IRP): means the uniform reciprocal agreement for the registration of commercial motor vehicles used in interstate commerce. The IRP provides for the proportional collection and distribution of jurisdictional registration fees based on the percentage of miles traveled in each member jurisdiction.
21. INTERSTATE SYSTEM: means "The Interstate Highway System" as defined in the United States Highway Act of 1956, with the exception that it does not include the portions of the Interstate System subject to Maine's General Law gross weight limits (See GENERAL LAW HIGHWAYS).
22. ISSUING AUTHORITY: means the Department of the Secretary of State, Office of Motor Carrier Services, Overlimit Permit Unit acting under the guidelines and advice of the Maine Department of Transportation, pursuant to Title 29-A M.R.S.A. §2382, or any entity authorized to issue an overlimit permit pursuant to Title 29-A.
23. LEGAL (AS IN LEGAL HEIGHT, LEGAL LIMITS, AND NORMAL LEGAL LIMIT): means a dimension or weight that does not require an overlimit permit.
24. LOAD: means any object(s) that may be carried by a vehicle or combination of vehicles.
25. LONG TERM (MONTHLY) PERMIT: means a document that allows a single vehicle to move for up to 12 consecutive months when that vehicle, in combination with its load exceeds normal legal limits, but also meets certain other conditions.
26. MOBILE HOME: means a structure, transportable in one or more sections, built on a permanent chassis, and designed to be used as a dwelling, with or without a foundation, when connected to the required utilities including the plumbing, heating, and electrical systems within the unit. The term mobile home includes office trailers, display or sales models, portable classrooms, and similar structures.
27. MODULAR HOME: means a structure, transportable in one or more sections, not built on a permanent chassis and moved on a semitrailer, and designed to be used as a dwelling, with or without a foundation, when connected to the required utilities including the plumbing, heating, and electrical systems within the unit.
28. MOTOR VEHICLE LAWS: means those laws concerning motor vehicles as found in Title 29-A and related rules.
29. MULTI-STATE PERMITS: means those overlimit permits that specify an origin and/or destination located outside the State of Maine. [See NEW ENGLAND TRANSPORTATION CONSORTIUM (NETC) and NASTO OVER SIZE AND OVERWEIGHT PERMIT AGREEMENT (NOOPA)].
30. NASTO OVERSIZE AND OVERWEIGHT PERMIT AGREEMENT (NOOPA): means a multi-state agreement among the jurisdictions belonging to the Northeast Association of State Transportation Officials (NASTO) to issue expedited overlimit permits to move loads meeting certain criteria. The permittee is issued a single permit via a permit service.
31. NEW ENGLAND TRANSPORTATION CONSORTIUM (NETC):2 means an agreement among the states of Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont to issue multi-state overlimit permits to vehicles meeting certain conditions and traveling on a designated highway network. The issuing state issues a single permit on behalf of all affected states.
32. NIGHT MOVES: means those moves that will take place between one-half hour after sunset, and one-half hour before sunrise as defined in Title 29-A M.R.S.A. §101(78).
33. NON-CONFORMING SEMITRAILER: means a semitrailer whose total structural length exceeds 48 feet but does not exceed 53 feet and the semitrailer does not meet the conditions defined in Title 29-A M.R.S.A. §2390(J).
34. NON-DIVISIBLE LOAD: means a load which, if separated into smaller loads or vehicles, would:
A. make it unable to perform the function for which it was intended; or
B. destroy its value; or
C. require more than eight work hours to dismantle using appropriate equipment.

Sealed oceangoing containers, spent nuclear materials in casks, and government controlled military vehicles and their loads will be considered non-divisible.

35. OFFICIAL HOLIDAYS, HOLIDAYS, LEGAL HOLIDAYS: means the official list of state holidays published by the Department of Administrative & Financial Services, Bureau of Human Resources. The Overlimit Permit Unit generally will be closed on these days. The list will be further divided into major holidays when the movement of overlimit loads is prohibited and minor holidays when the movement of overlimit loads is allowed. Please note that NETC states each have their own designated holidays, which may affect multi-state travel.
A. A list of holidays can be found at:

http://www.maine.gov/sos/bmv/commercial/2017%20Holiday%20Letter.pdf

36. ORIGIN, STARTING POINT: means the point where the overlimit load will be allowed by the applicable overlimit permit to begin movement upon open sections of the public highways within the context of the vehicle's current single move, and along those routes specified by the applicable overlimit permit.
37. OVER HEIGHT/OVERHEIGHT: means height that exceeds the legal limit as established in Title 29-A M.R.S.A. §2380.
38. OVER LENGTH/OVERLENGTH: means length that exceeds the legal limit as established in Title 29-A M.R.S.A. §2390.
39. OVERLIMIT: means height, length, width, or weight that exceeds the legal limit.
40. OVERLIMIT PERMIT UNIT: means the unit within the Bureau's Office of Motor Carrier Services with the authority and responsibility to routinely process overlimit permits.
41. OVERSIZE/OVERDIMENSIONAL: means height, length, or width that exceeds the legal limit.
42. OVERWEIGHT: means weight that exceeds the legal limit as established in Title 29-A, Chapter 21.
43. OVERWEIGHT-ONLY: means weight that exceeds the legal weight limit, but also of legal height, width, and length.
44. OVER WIDTH/OVERWIDTH: means width that exceeds the legal limit as established in Title 29-A M.R.S.A. §2380.
45. PERMIT/OVERLIMIT PERMIT: means a document approved by the Overlimit Permit Unit allowing the legal transport of overlimit loads and/or vehicles upon public highways within a certain time frame, and under certain conditions.
46. PERMIT BUNDLING: means the consolidation of an applicant's similar permit requests into a single application and permit.
47. PERMIT NUMBER: means the computer-assigned number used to validate, activate, and track permits. The permit number will be communicated to the instant permit user in order to activate an instant permit.
48. PERMIT OFFICE: means the same as the Overlimit Permit Unit.
49. PERMITTEE: means the entity to whom a permit has been granted in accordance with this rule.
50. POLICE ESCORT: means a uniformed police officer(s) with a police vehicle(s) assigned to escort an overlimit load(s), to control traffic, and to protect public safety. A police escort must have jurisdiction over the entire route to be traveled. That is, a move within one county may use an escort from the county sheriff's office. A move across county lines must use a state police escort.
51. POSTED ROAD/BRIDGE: means a road or bridge that has been restricted as to weight or dimensions in order to preserve the life of the infrastructure, to protect public safety, or due to physical limitations.
52. PROPER AUTHORITY: means the same as "Issuing Authority".
53. RETURN: means completing a single move, and returning to the point of origin by the same route. This constitutes two moves.
54. ROUTE: means part or all of a set of highways linking the intended origin to the intended destination of an overlimit move creating a single path.
55. ROUTING: means the designation of routes for the movement of overlimit loads. The objective in permit routing is to designate the most direct, practical route available that ensures public safety, minimizes disruption to the public, and avoids highway restrictions such as construction projects, posted roads, and height and weight restricted bridges, etc. Financial impact is not a consideration when evaluating the safest, most direct and practical route. A permittee may not deviate from assigned routing without permission unless directed by a police officer; except that a permittee may follow a signed detour. The Issuing Authority has the right to modify requested routes when issuing an overlimit permit.
56. SECRETARY: means the Maine Secretary of State, or any designee duly authorized to act on behalf of the Secretary of State to administer this rule.
57. SEMITRAILER: means a vehicle without motive power, designed to be drawn by a motor vehicle, and constructed so that some part of its weight and its load rests upon or is carried by the motor vehicle.
58. STATE POLICE-ONLY MOVES: means those moves, authorized by a Maine State Police Troop Commander, that do not require notification to the Bureau's Motor Carrier Services Overlimit Permit Unit.
59. STRUCTURAL PARTS: means any object or protrusion that is part of, connected to, joined, fastened or otherwise attached to a motor vehicle with the exception of an antenna.
60. SUPER LOAD: means the same as "Extreme".
61. TITLE 29-A: any reference to Title 29-A means Title 29-A of the Maine Revised Statutes Annotated (M.R.S.A.).
62. TRAILER: means a vehicle without motive power, designed to carry persons or property and to be drawn by a motor vehicle, not operated on tracks, and so constructed that no part of its weight and its load rests upon or is carried by the towing vehicle.
63. TRUCK: means a motor vehicle designed and used primarily to carry property. A truck may be used to tow trailers and semitrailers.
64. TRUCK TRACTOR: means a motor vehicle designed and used exclusively to draw other vehicles and not constructed to carry a load other than a part of the weight of the vehicle and the load drawn.
65. TREE LENGTH LOGS: means a load of logs with an overall length over 74 feet but not more than 80 feet. The weight, width, and height must be within legal limits.
66. TRIP PERMIT: means permission to move a load from a predetermined origin to a predetermined destination in a single direction over the course of a single trip along designated, pre-approved routes, within a designated period of time.
67. UNDER CLEARANCE: means the vertical distance between the ground and the lowest point of the vehicle or load.
68. USDOT NUMBER: also known as a census number, means a motor carrier identification number issued by FMCSA, provided for under 49 C.F.R. § 390.19(h)(1).

29- 250 C.M.R. ch. 157, § 1