N.D. Admin. Code 69-10-01-04.2

Current through Supplement No. 393, July, 2024

Section 69-10-01-04.2 - Split-weigh variance permit requests

The operator of any motor truck or motor truck dump scale installed after April 1, 1965, may make written request for a permanent split-weigh variance permit from the commission under North Dakota Century Code section 64-02-02. The request for a variance permit must contain:

1. The name, address, and telephone number of the business making the request along with the name of its contact person and the reason for the request;

2. The manufacturer's name, type, location, deck length, serial number, and capacity of the device;

3. The maximum amount of weight that will be placed upon the device at any time during the split-weighing operation. If that maximum weight exceeds the rated sectional capacity or concentrated load capacity of the device, the applicant must also include a letter from an engineer or competent scale engineering authority certifying that operating the device at that weight will not constitute a safety hazard;

4. The maximum distance between the front and rear outer axles of the vehicle or coupled-combination vehicle that will be split-weighed;

5. A statement in the variance permit request certifying that each axle of the vehicle or each axle of the coupled-combination vehicle will rest on a smooth straight surface, in the same plane with, and not to exceed one-third inch [8.47 millimeters] per foot [30.48 centimeters] out of level with, the scale deck during the split-weighing operation;

6. A statement in the variance permit request agreeing to the following procedures to be observed during the split-weighing operation:

a. Use of the vehicle brakes is prohibited;

b. The vehicle transmission must be in neutral; and

c. Chocking of the vehicle's wheels should be discouraged; and

7. For an operator of a motor truck or motor truck dump scale installed after April 1, 1995, a temporary variance permit will be issued only if the operator has substantiated that it is unable to install a scale of sufficient length to allow single-draft weighing due to economic hardship. If the operator chooses to pursue the plea of economic hardship, then the operator's split-weigh variance permit request must also include a plan for compliance over a period not to exceed five years.

N.D. Admin Code 69-10-01-04.2

Effective February 1, 1996; amended effective July 1, 1997; July 1, 2008.

Amended by Administrative Rules Supplement 2020-379, January 2021, effective 1/1/2021.

General Authority: NDCC 64-02-03

Law Implemented: NDCC 64-02-02, 64-02-04