§ 27-35-210 — Permits for special cargoes - Definition
This text of Arkansas § 27-35-210 (Permits for special cargoes - Definition) is published on Counsel Stack Legal Research, covering Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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(a) (1) (A) The State Highway Commission, with respect to highways under its jurisdiction, and local authorities, with respect to highways under their jurisdiction, may, in their discretion and as provided in this section, upon receipt of application made in person, in writing, by telephone, or by any acceptable means of electronic communication, and upon good cause being shown therefor, issue a special permit in writing to applicants desiring to transport cargoes of such nature that the cargo cannot readily be taken apart, separated, dismembered, or otherwise reduced in size or weight. (B) The permit shall authorize the applicant to operate or move a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum specified in this subchapter or otherwise not in conformity with the provisions of this subchapter upon any highway under the jurisdiction of the agency granting the permit and for the maintenance of which the agency is responsible. (C) No vehicle or combination of vehicles with a multi-unit or otherwise reducible overload may be issued a special permit as provided in this section. (D) The commission may delegate to other state agencies the authority given in this section to issue special permits. (2) (A) It is not necessary to obtain a permit for nor shall it be unlawful to move a vehicle or machinery in excess of the maximum width allowed under § 27-35-206 and that is used only for normal farm purposes that require the use of such vehicles or machinery as hay harvesting equipment, plows, tractors, bulldozers, or combines if: (i) The vehicle or machinery is hauled on a vehicle licensed as a natural resources vehicle; (ii) The vehicle or machinery is owned or leased by a person primarily engaged in farming operations and is being operated by an owner or lessor of the vehicle or machinery or the owner's or lessor's employee; (iii) The vehicle or machinery is either: (a) Being transported by a farm machinery equipment dealer or repair person in making a delivery of a new or used vehicle or new or used machinery to the farm of the purchaser; or (b) Being used in making a pickup and delivery of the vehicle or machinery from the farm to a shop of a farm machinery equipment dealer or repair person for repairs and return to the farm; and (iv) The movement is performed during daylight hours within a radius of fifty (50) miles of the point of origin and no part of the movement is upon any highway designated and known as a part of the national system of interstate and defense highways or any fully controlled access highway facility. (B) Notwithstanding any other provision of law to the contrary or unless otherwise prohibited by federal law, movement of the vehicle or machinery under subdivision (a)(2)(A) of this section is allowed if: (i) The vehicle or machinery is traveling on a section of U.S. Highway 63 that includes the roadway over the St. Francis Sunken Lands Wildlife Management Area between the exits for State Highway 149 and State Highway 14, as they existed on June 1, 2015; (ii) The highway has been designated and known as a part of the Interstate Highway System and other routes within the National Highway System; and (iii) The vehicle or machinery was permitted to legally operate on that section of U.S. Highway 63 or was permitted to legally operate on the highway before the highway was designated and known as a part of the Interstate Highway System and other routes within the National Highway System. (C) It shall not be unlawful nor shall it be necessary to obtain a special permit to transport round bales of hay upon any public highway or road that is not a fully controlled highway or road if the load does not exceed twelve feet (12') in width. (D) Notwithstanding the provisions of subdivision (a)(2)(A) of this section, permits may be issued for the movement of earthmoving equipment that is a tractor with dirt pan in tow used primarily for farming operations to travel upon the state highways in excess of a fifty-mile radius of the point of origin or for the movement of earthmoving equipment that is a tractor with dirt pan in tow used primarily for commercial earthmoving operations for travel upon state highways of any distance subject to the following requirements: (i) The permit shall be issued only to owners or lessors of the vehicles who are primarily engaged in farming or commercial earthmoving operations; (ii) The permit issued shall be limited to daylight operation for a specified seventy-two-hour period and shall specify the route of travel; (iii) Not withstanding any other provision of law to the contrary or unless otherwise prohibited by federal law, no part of the movement may be upon any interstate highway or fully controlled access facility unless: (a) The earthmoving equipment is traveling on a section of U.S. Highway 63 that includes the roadway over the St. Francis Sunken Lands Wildlife Management Area between the exits for State Highway 149 and State Highway 14, as they existed on June 1, 2015; (b) The highway has been designated and known as a part of the Interstate Highway System and other routes within the National Highway System; and (c) The earthmoving equipment was permitted to legally operate on that section of U.S. Highway 63 or permitted to legally operate on the highway before the highway was designated and known as a part of the Interstate Highway System and other routes within the National Highway System; (iv) Proof of liability insurance for the tow vehicle shall be submitted to the Arkansas Department of Transportation; (v) Vehicles shall be accompanied by a front escort vehicle with flashing amber lights, radio contact with the vehicle operator, and "wide load" signs; (vi) (a) Vehicles may be moved in convoys of no more than three (3) vehicles with escorts at the front and rear of the convoy. (b) Convoys shall pull off the highway at sufficient intervals to allow traffic to pass; (vii) A permit may be issued for no more than two (2) dirt pans to be towed by one (1) tractor; and (viii) Permit fees shall be set by the commission. (E) (i) It shall not be necessary to obtain a permit, and it shall be lawful to move any motor home or camping trailer in excess of the maximum width prescribed under § 27-35-206 if the excess width is attributable to a noncargo-carrying appurtenance that extends no more than six inches (6") beyond the body of the vehicle. (ii) As used in this section, "appurtenance" means: (a) Awnings and awning support hardware; and (b) Any appendage that is intended to be an integral part of a motor home or camping trailer. (b) (1) (A) Except as is otherwise provided for by law, no application shall include nor shall any permit be issued for more than a single continuous movement or operation by one (1) vehicle. (B) An application may include a request for and a permit may be issued for two (2) or more consecutive movements or operations by a vehicle, all of which shall be executed or performed within six (6) consecutive days and which must be limited to two (2) contiguous counties within the state, which counties must be specified at the time of application. (C) (i) An application may include a request for a permit for consecutive movements or operations of a vehicle with a cargo not exceeding ten feet eight inches (10' 8") in width along one (1) designated route, all of which movements or operations have origins from an adjacent state and which movements or operations shall be executed or performed within the period of valid vehicle registration. (ii) A permit may be issued at a fee of one thousand dollars ($1,000) per year. (iii) The permit shall be limited to one (1) county within the state where the one-way mileage into that county and within the state is no greater than fifteen (15) miles. (2) (A) (i) Upon application and the payment of an annual fee of one hundred dollars ($100), the Director of State Highways and Transportation shall issue a special permit for the movement of a crane which exceeds the length as provided in § 27-35-208 , and which is moved on pneumatic tires within a radius of thirty-five (35) miles of a point of origin of the movement, for a period of one (1) year from the date of the issuance of the permit. (ii) Upon an application containing satisfactory proof that the vehicle is utilized solely for the following movements, the director may issue a special permit for a maximum load overhang beyond the front of a vehicle, which load exceeds the maximum provided in § 27-35-106 , but not exceeding five feet (5'), for a vehicle equipped with pneumatic tires and utilized exclusively for the movements of cranes for a period of not more than one (1) year. (B) (i) Upon application and the payment of an annual fee, the director shall issue a special permit for the movement of a vehicle of special design utilized exclusively for the drilling of water wells, or for the movement of auger equipment utilized exclusively for loading agricultural aircraft, which exceeds the length as provided in § 27-35-106 or § 27-35-208 and which is moved on pneumatic tires, for a period of one (1) year from the date of issuance of the permit. (ii) (a) For annual movements within a radius of thirty-five (35) miles of a point of origin of the movements, the annual fee shall be one hundred dollars ($100). (b) For annual movements exceeding the thirty-five-mile radius, the annual fee shall be three hundred dollars ($300). (C) The permits authorized by this subsection may contain limitations on the speed of operation and the routes of operation as the director may deem necessary for safety to the traveling public. (3) The permits authorized by this subsection for the overlength vehicle or vehicles shall not affect the other requirements of this section that special permits be obtained for vehicles exceeding other maximum size and weight limitations imposed by law. (c) The application for any permit shall specifically describe: (1) The vehicle and the load to be operated or moved; (2) The origin and destination of the vehicle and load; (3) The approximate dates within which the operation or movement is to be completed; and (4) The particular highways for which a permit to operate is requested. (d) Any agency authorized in this section to issue special permits is authorized: (1) To issue or withhold the permit based upon the following factors: (A) The condition and state of repair of the highway involved; (B) The ability of the highways to carry the overweight or oversized vehicle; (C) The danger to the traveling public from the standpoint of safety; or (D) Findings of repeated violations of permits issued under this section as established by properly promulgated and adopted agency rules; (2) To establish seasonal or other time limitations within which the vehicles described may be operated on the highways indicated; (3) To otherwise limit or prescribe conditions of operation of the vehicles when necessary to assure against damage to the road foundation, surfaces, or structures; and (4) To require a bond or other security as may be deemed necessary by the agency to compensate for any injury to any roadway or road structure arising out of the operation under the permit. (e) (1) A charge of seventeen dollars ($17.00) shall be made for each special permit. (2) In addition, for each ton or major fraction thereof to be hauled in excess of the lawful weight and load for that vehicle or combination of vehicles, charges shall be made as follows: Mileage to Be Traveled is: On Each Ton, Per Ton or Fraction Thereof Not more than 100 miles ............................................... $ 8.00 101 miles to 150 miles, inclusive ...................................... 10.00 151 miles to 200 miles, inclusive ..................................... 12.00 201 miles to 250 miles, inclusive ..................................... 14.00 Over 251 miles ............................................................ 16.00 (3) In addition to the fees prescribed in subdivisions (e)(1) and (2) of this section, a fee not to exceed five hundred dollars ($500) shall be charged for a vehicle, unladen or with load, whose gross weight is one hundred eighty thousand pounds (180,000 lbs.) or greater. (f) (1) Each permit shall be carried in the vehicle to which it refers and shall be open to inspection by any police officer or authorized agent of any authority granting the permit. (2) No person shall violate any of the terms or conditions of the special permit. (g) It shall be the duty of the respective agencies authorized in this section: (1) To issue the permits provided for in this section; (2) To collect the fees therefor at the time of the issuance of the permits, except that any applicant may furnish a corporate surety bond guaranteeing the payment of fees for permits as may be issued during any period of time, in accordance with the rules promulgated by the issuing agency; and (3) To transmit the fees to the Treasurer of State to be credited to the State Highway and Transportation Department Fund. (h) No fee shall be charged to any federal, state, county, or municipal governmental agency for any permit issued under the provisions of this section when the vehicle involved is public property and the proposed movement is on official business. (i) (1) The commission is hereby authorized to issue permits for the movement of any overweight mobile construction vehicle or equipment upon highways under the commission's jurisdiction provided that the vehicle or equipment is equipped with pneumatic tires and has been reduced in size and weight until further reduction is impractical. (2) A charge of seventeen dollars ($17.00) shall be made for each special permit. In addition, for each ton or major fraction thereof to be hauled in excess of the lawful weight and load for that vehicle or equipment, charges shall be made as follows: Mileage to Be Traveled is: On First 5 Tons, Per Ton or Fraction Thereof On Next 5 Tons, Per Ton or Fraction Thereof On Any Additional Tonnage, Per Ton or Fraction Thereof Not more than 100 miles ........................... $1.25 $2.50 $3.75 101 miles to 150 miles, inclusive 2.00 3.50 5.00 151 miles to 200 miles, inclusive 2.50 4.50 6.25 201 miles to 250 miles, inclusive 3.25 5.50 7.50 Over 251 miles ........................................ 3.75 6.25 8.75 (j) (1) The commission may issue special permits authorizing the transport of round bales of hay on controlled highways under its jurisdiction provided that the load does not exceed ten feet (10') in width. (2) The special permits shall be issued without a fee or other charge and shall expire three (3) days after the date of issuance. (k) (1) The commission is authorized to issue special permits at a charge of one hundred dollars ($100) for a one-year permit for the movement of cross ties from their first point of processing to the point at which they shall undergo creosote processing by five-axle vehicles registered and licensed pursuant to § 27-14-601(a)(3)(G)(ii) where the loaded weight on any tandem axle on the vehicles is greater than the allowable tandem axle limit of thirty-four thousand pounds (34,000 lbs.) provided that the one-way mileage for the trip is no greater than one hundred (100) miles, that no tandem axle weight exceeds thirty-six thousand five hundred pounds (36,500 lbs.), and that no portion of the trip is on any part of the federal interstate highways. (2) The commission shall issue no more than five (5) special permits to the same person during the same calendar year. (l) Notwithstanding a provision of law to the contrary and upon application and payment of a permit fee, the commission may issue a special permit per vehicle valid for one (1) single trip to be executed or performed within six (6) consecutive days of the issuance of the permit or for a one-year period along a specified route that authorizes the movement of sealed containerized cargo units upon highways under the commission's jurisdiction subject to the restrictions and conditions deemed appropriate by the commission as contained within this section and the following additional restrictions: (1) The containerized cargo units must be part of international trade and be moved on the highways due to importation from or exportation to another country; (2) A copy of the international bill of lading signed by a customs official or an international bill of lading with equipment interchange and inspection report must be submitted to the commission before a single-trip permit may be issued; (3) For units issued a special permit valid for a one-year period, copies of the international bills of lading for each individual unit signed by a customs official or international bills of lading with equipment interchange and inspection reports for each individual unit must be submitted every thirty (30) days to the commission; (4) The operators of the units shall at all times have in their possession a copy of the documents as described in subdivision (l)(2) of this section; (5) All five-axle vehicles operating under a sealed containerized cargo unit permit shall have a minimum of five (5) full-time load-bearing axles and shall not exceed twenty thousand pounds (20,000 lbs.) per axle or total gross vehicle weight of ninety thousand pounds (90,000 lbs.); (6) All six-axle vehicles operating under a sealed containerized cargo unit permit shall have a minimum of six (6) full-time load-bearing axles and shall not exceed twenty thousand pounds (20,000 lbs.) per axle or total gross vehicle weight of ninety-five thousand pounds (95,000 lbs.); (7) A vehicle operating under a sealed containerized cargo unit permit shall not exceed the legal width, length, or height restrictions as set out in this subchapter; (8) The payment of the charges for each single-trip special permit shall be ascertained in the manner set out in subsection (e) of this section; and (9) The payment of the charges for each one-year special permit shall not exceed five thousand five hundred dollars ($5,500). (m) (1) The commission is authorized to issue special permits to towing businesses for the operation of wreckers or towing vehicles used as emergency vehicles under § 27-36-305(b) when the operation and movement of the vehicle or combination of vehicles exceed the maximum size and weight limitations imposed by law as provided under this subsection. (2) Notwithstanding any other provision of law to the contrary and upon application and payment of a permit fee per wrecker or tow vehicle not to exceed five hundred dollars ($500), the commission, through the director, may issue a special permit valid for one (1) single trip or for a period of one (1) year that authorizes a towing business licensed under § 27-50-1203 to use a wrecker or tow vehicle permitted under this subdivision (m)(2) to move at any time of day or night a vehicle that is disabled or wrecked when that movement: (A) Results in an oversized, overweight, or both oversized and overweight combination of vehicles; and (B) Is the initial movement of disabled or wrecked vehicles or combination of vehicles from highways, roads, streets, or highway rights-of-way to: (i) The nearest point of storage or repair used by the towing or wrecker company; (ii) The nearest point of storage or repair used by the owner or operator of the vehicle; or (iii) The nearest authorized repair center for the vehicle. (n) Notwithstanding any other provision of law to the contrary and upon application and payment of a permit fee not to exceed five hundred dollars ($500), the commission may issue a special permit valid for one (1) single trip or for a one-year period that authorizes the movement of a semitrailer or trailer unit, unladen or with load, operating in combination with a truck tractor unit, which exceeds the length as provided in § 27-35-208 , but not exceeding fifty-seven feet (57'). (o) Notwithstanding any other provision of law to the contrary and upon application and payment of a permit fee not to exceed five hundred dollars ($500), the commission may issue a special permit valid for one (1) single trip or for a one-year period that authorizes the movement on state highways of a truck tractor and single semi-trailer combination with five (5) axles hauling animal feed to livestock or poultry, which exceeds the maximum gross weight as provided in § 27-35-203 , with a tandem axle limit of thirty-six thousand five hundred pounds (36,500 lbs.) and a single axle limit of twenty thousand pounds (20,000 lbs.), and a total gross weight of eighty-five thousand pounds (85,000 lbs.). (p) (1) Except as provided in subdivision (a)(2)(A) of this section, the commission may issue a special permit valid for one (1) year authorizing the movement of a vehicle hauling farm machinery equipment that exceeds the maximum width authorized under § 27-35-206 , but does not exceed twelve feet (12'), if a farm machinery equipment dealer: (A) Applies to the commission for the special permit; and (B) Pays a fee not to exceed five hundred dollars ($500) per vehicle authorized under this subdivision (p)(1). (2) A farm machinery equipment dealer is responsible for the safe routing of a vehicle issued a permit under subdivision (p)(1) of this section, including without limitation ensuring the highways traveled by the vehicle are sufficiently wide for the safety of the vehicle and the traveling public. (3) The commission may require that a farm machinery equipment dealer provide a bond or other security to compensate the Arkansas Department of Transportation in the event of: (A) Damage to a highway or a highway structure caused by a vehicle issued a permit under subdivision (p)(1) of this section; or (B) Costs related to the extrication of a vehicle issued a permit under subdivision (p)(1) of this section from a width-restricted highway or a highway construction or maintenance zone. (4) A vehicle issued a permit under subdivision (p)(1) of this section shall not exceed the height, length, or weight restrictions required under this subchapter. (q) (1) The commission may issue a special permit valid for one (1) year authorizing the movement of a truck tractor and semi-trailer combination, or a truck tractor and semi-trailer-trailer combination, with a minimum of five (5) axles hauling agronomic or horticultural crops in their natural state that exceed the maximum gross weight as provided in § 27-35-203 but do not exceed a total gross weight of one hundred thousand pounds (100,000 lbs.). (2) A truck tractor and semi-trailer combination, or a truck tractor and semi-trailer-trailer combination, issued a permit under subdivision (q)(1) of this section shall not exceed the height, length, or width restrictions required under this chapter. (3) The Arkansas Department of Transportation in coordination with the Department of Agriculture shall promulgate rules necessary to implement this subsection, including without limitation the criteria required to qualify for the issuance of a special permit. (r) (1) Upon application, the commission may issue a special permit valid for one (1) year for the movement of a truck tractor and single semitrailer combination with five (5) axles for the hauling of forestry equipment in excess of the maximum gross weight as provided in § 27-35-203 but not more than: (A) Twenty thousand pounds (20,0000 lbs.) for a single axle, or forty-six thousand pounds (46,000 lbs.) for a tandem axle; and (B) One hundred four thousand pounds (104,000 lbs.) of total gross weight. (2) The fee for the special permit shall not exceed two hundred fifty dollars ($250). (3) The Arkansas Department of Transportation shall adopt rules necessary to implement this subsection, including without limitation the criteria required to qualify for the issuance of a special permit.
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Arkansas § 27-35-210, Counsel Stack Legal Research, https://law.counselstack.com/statute/ar/27-35-210.