Section 408-3-011 - PROVISIONS APPLICABLE TO CONDITIONAL INTERSTATE USE PERMITS FOR DIVISIBLE LOADS EXCEEDING 80,000 POUNDS011.01 The Director has determined that circumstances exist to make the issuance of Conditional Interstate Use Permits for divisible loads exceeding 80,000 pounds on the National System of Interstate and Defense Highways within the State of Nebraska necessary. The National System of Interstate and Defense Highways provides the safest, efficient, least congested direct route for movement of such loads across the state. In making such determination, the Director has considered the following conditions on the National System of Interstate and Defense Highways: 011.01A The National System of Interstate and Defense Highways is designed and maintained to standards to be more conducive to safe and efficient transportation than alternative state and county roads.011.01B The National System of Interstate and Defense Highways is designed to handle traffic volumes that are more conducive to safe and efficient transportation than alternative state and county roads.011.01C Public safety is enhanced by authorizing vehicles with a total gross weight of up to 95,000 pounds to travel on the National System of Interstate and Defense Highways in Nebraska.011.02CONDITIONAL INTERSTATE USE PERMIT A Conditional Interstate Use Permit may be issued by the Department or its agent for vehicles weighing up to 95,000 pounds on the National System of Interstate and Defense Highways. In no case will vehicles be permitted to exceed 20,000 pounds on a single axle, or more than 34,000 pounds on a group of two consecutive axles. The overall gross weight of a group of two or more consecutive axles must conform to the requirements of the bridge formula set out in Neb. Rev. Stat. 60-6,294. 011.02A Dummy axles shall be disregarded in determining the lawful weight of a vehicle or vehicle combination for operation on the Nebraska Highway System. Dummy axle shall mean an axle attached to a vehicle or vehicle combination in a manner so that it does not articulate or substantially equalize the load and does not carry at least the lesser of 8,000 pounds or 8 percent of the gross weight of the vehicle or vehicle combination.011.02B All controls which regulate, control, or operate the lift and/or dummy axles must be on the outside of the cab or truck or truck-tractor in a position that cannot be reached from within the cab, so that an operator or passenger must physically get out of the cab to operate the controls.011.03LICENSING AND REGISTRATION REQUIREMENTS The permit will only be issued to vehicles that are properly licensed to operate with such loads in Nebraska, or to vehicles with registration apportioned pursuant to Nebraska law. The granting of the permit shall not constitute a waiver of any license requirement imposed by the State of Nebraska.011.04TERM OF PERMIT The permit may be purchased in 10-day increments up to a maximum period covering 90 consecutive days.011.05LIMITATION OF TRAVEL The permit shall be issued for travel on the National System of Interstate and Defense Highways in Nebraska. The granting of the permit shall not be construed as waiving any weight limits that have been, or may be imposed, on any non-interstate highway or bridge, or on any posted bridge on the National System of Interstate and Defense Highways.011.06REVOCATION All permits and all privileges accruing from said permits may, at any time, be revoked. If revoked, the vehicle operator shall surrender possession of the permit. The permit may be revoked pursuant to the following: 011.06A By the Director of the Department of Transportation or his/her designee.011.06B If Federal authorities determine that conditional interstate use permits are in violation of Federal laws.011.06C For violation of any of the terms and conditions set forth on the permit or the terms and conditions set forth in Chapter 3 of Title 415 of these Rules and Regulations.011.06D By any law enforcement officer or any officer of the Nebraska State Patrol, Carrier Enforcement Division, for violation of any of the terms and conditions of the permit.011.07ENFORCEMENT TOLERANCES No enforcement tolerances will be allowed on the gross weight set out on the permit, or axle weight set out in Section 011.02 of these Rules and Regulations.011.08PERMIT TRANSFER, POSSESSION AND INSPECTION The permit is not transferable to any other vehicle. In the case of a vehicle combination, the permit will be issued to the motor vehicle, and will not be transferable to other motor vehicles owned or operated by the permittee. All permits shall be carried in the vehicle to which they refer and shall be open to inspection by any law enforcement officer or authorized agent of the Department.011.09APPLICATION TO REPLACE A REVOKED PERMIT No person may apply for replacement of a permit revoked for a specific vehicle pursuant to Section 011.06 of these Rules and Regulations for a period of 30 days from the date of the revocation.011.10PENALTY FOR FAILURE TO ACQUIRE A PERMIT FOR A QUALIFYING VEHICLE No person shall violate the terms and conditions of the permit. However, if a vehicle qualifies in all respects for a Conditional Interstate Use Permit, but the vehicle driver is found to have failed to acquire such permit, the driver shall be subject to the penalty set forth in Neb. Rev. Stat. 39-103 and not the penalty set forth in Neb. Rev. Stat. 60-6,298.408 Neb. Admin. Code, ch. 3, § 011
Adopted effective 4/30/2023