Okla. Admin. Code § 730:50-3-2

Current through Vol. 41, No. 19, June 17, 2024

Section 730:50-3-2 - A permit is a legal document, permit types

(a)Permit defined. A permit is a legal document authorizing the permittee to move a vehicle or load, which is oversize, overweight, or both, upon the public roads and highways of this state when the route constitutes the safest practical routing. A permit, subject to the conditions and restrictions of the law and these rules, constitutes the limited written permission of the State of Oklahoma for the movement of a specific vehicle and/or load which exceeds any size or weight limitations of Title 47 O.S. 2021, Chapter 14 and any lawful amendments thereto, or, with regard to the Dwight D. Eisenhower National System of Interstate and Defense Highways, exceeds any of the provisions of Title 23 U.S.C., Section 127 or associated federal regulation. The permit shall be carried in the driver's possession and consist of:

(1) the information furnished by the applicant contained in the permit,

(2) the conditions and restrictions stated in the permit, and

(3) the applicable provisions of this Chapter, Oklahoma law, or any combination of provisions.

(b)Annual permits. Annual permits, as authorized by 47 O.S. § 14-101 et seq. and this Chapter, shall be on a form and in a manner prescribed by the Executive Director of the Department of Transportation. Annual permits shall comport to 23 U.S.C. § 127 for interstate applications, and to other state statutes relating to size and weight of vehicles and combinations of vehicles, and to the provisions of this Chapter for all roads and highways of this state. Annual permits shall be for a duration of one calendar year from the date of issuance. Annual permits for the movement of vehicles, loads, or both which exceed the size or weight provisions, or both, of 47 O.S. §14-101 et seq., but do not exceed the provisions of this Chapter or state statutes relating to maximum allowable permit limits, shall be applied for and issued, using the procedures established in this Chapter, through the Size and Weight Permit Division of the Department of Transportation. Annual permits shall not be restricted to non-divisible vehicles or loads and shall be specific to the towing vehicle of any vehicle operating as a combination of vehicles.

(1) Fees for annual permits shall be in accordance with the fee schedule contained in 47 O.S. §14-101 et seq. and will be published on the Department of Transportation website.

(2) Annual permits shall be subject to suspension, revocation or cancellation by the Executive Director of the Department of Transportation or an authorized representative upon due process, as outlined in this Subchapter.

(c)Single trip permits. Single trip permits, as authorized in OAC 730:50-5-3(2) of this Chapter, shall be on a form and in a manner prescribed by the Executive Director of the Department of Transportation. Single trip permits shall be applied for and issued, using the procedures established in this Chapter, through the Size and Weight Permit Division of the Department Transportation. All single trip permits shall comport to this Chapter and related state statutes and shall be for a duration of up to, but not to exceed, five (5) consecutive calendar days. Single trip permits shall be issued for non-divisible vehicles or loads, as defined in 23 C.F.R. § 658, which exceed the provision of state statutes but do not exceed the provisions of this Chapter or state statutes relating to maximum allowable permit limits. All or any permits may be revoked by any duly qualified law enforcement officer of the Department of Public Safety or an authorized employee the Department of Transportation after having identified any violation of any of the provisions of the permit. The revocation shall be final, and no further movement of the vehicle or load shall be authorized until the vehicle or load is authorized by a proper permit.

(d)Multi-trip oversize permits. A multi-trip oversize permit may be issued for a specific motor vehicle, which can be identified by a vehicle identification number or serial number, for movement as set forth in this Chapter at 730:50-5-6(a)(1) and (j).

(e)Annual envelope vehicle permit. An annual envelope vehicle permit shall be issued by the Department of Transportation in conformity with the requirements of this subchapter in addition to the provisions set forth in 730:50-5-13:

(1) An annual envelope permit shall not be used in conjunction with any other permit.

(2) An annual envelope permit shall be void if used for the movement of houses or modular or manufactured homes.

(3) An annual envelope permit shall be void if laminated.

(4) Reasonable access to and from terminals for fuel, food, repairs and rest shall not exceed five

(5) statute miles from the roadways authorized by the Oklahoma Department of Transportation.

(6) A vehicle being moved under an envelope permit shall not be moved on turnpikes except on non-interstate turnpikes. Non-interstate turnpikes are:

(A) Indian Nation

(B) Cimarron

(C) Cherokee

(D) Chickasaw

(E) Creek

(F) Muskogee

(G) Kilpatrick

(H) Kickapoo

(7) The operator of a vehicle in excess of nine (9) feet and six (6) inches in width which is moving under an envelope permit shall use a valid PikePass or use PlatePay to travel on any turnpike listed in paragraph (6).

(f)Special over-height trailer permit for limited travel. A Special Over-height Trailer Permit for Limited Travel (SOTPLT), in accordance with 47 O.S. § 14-103(B)(1), shall be issued in a manner and on a form prescribed by the Executive Director of the Department of Transportation.

(1) An SOTPLT shall be for a duration as determined by the Executive Director of the Department of Transportation, but under no circumstance shall the permit exceed one (1) calendar year.

(A) The fee for a single trip SOTPLT shall be Forty Dollars ($40.00) and shall be nonrefundable.

(B) The fee for a thirty (30) day SOTPLT shall be Five Hundred Dollars ($500.00) and shall be nonrefundable.

(C) The fee for a one (1) year SOTPLT shall be Two Thousand Dollars ($2000.00) and shall be nonrefundable.

(2) An SOTPLT shall not be restricted to non-divisible loads and shall be specific to the trailer being permitted.

(3) In addition to these requirements:

(A) An SOTPLT shall not be used in conjunction with any other permit.

(B) A trailer being moved under an SOTPLT shall not access nor be moved on any part of the National System of Interstates and Defense Highways or four-lane divided Federal Aid Primary System Highways, state highways or turnpikes.

(4) An SOTPTL shall comply with 730:50-5-18(b)(3), unless otherwise waived by the Executive Director of the Department of Transportation.

(5) An SOTPLT applicant shall submit a detailed application to the Executive Director of the Department of Transportation containing:

(A) Physical features of the route, including but not limited to:

(i) applicable speed limits,

(ii) specifications and description of any bridges,

(iii) infrastructure,

(iv) public or private utility overhead wire lines,

(v) traffic control devices,

(vi) road signage, and

(vii) any potential for pedestrian traffic.

(B) The duration of time the SOTPLT permit is needed.

(C) Trailer information including, but not limited to, VIN, tag number, height and specifications of the trailer.

(D) A certification from the permittee stating the permittee has contacted the effected City Street Department and/or County Commissioner and referenced any possible restrictions or obstacles within their jurisdiction that may impact the permittee's ability to travel.

(g) Any violation of any part of this section shall result in the permit being voided.

(h)Prima facie evidence. Undertaking the movement of the vehicles and loads specified in the permit is deemed prima facie evidence of an unequivocal allegation that the permit is accepted by the permittee. Acceptance of the permit by the permittee will be deemed prima facie evidence of an unequivocal allegation by the permittee that:

(1) Permittee is in compliance with all operational requirements;

(2) All dimension and weight limitations specified in the permit will not be exceeded;

(3) All operation, registration, and license requirements have been met;

(4) All financial responsibility obligations and other legal requirements have been met. The permittee assumes all responsibility for injury to any person or for damage to public or private property, including the permittee's own, or to the load being transported, caused directly or indirectly by the transportation of vehicles and loads authorized under the permit.

Okla. Admin. Code § 730:50-3-2

Adopted by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 9/11/2023