§ 57-3-130 — Special permit to operate or move vehicle exceeding maximum size, weight, or load or otherwise not in conformity with requirements; fee; discretion in issuing; conditions; security; annual permit; limited applicability of Title 1, Chapter 23.

(A) Subject to the conditions prescribed in subsection (B), the Department of Transportation, in its discretion upon application in writing and good cause being shown that it is in the public interest, may issue special permits authorizing the applicants to operate or move vehicles or combinations of vehicles of a size and weight of vehicle or load exceeding the maximum specified in Article 33, Chapter 5, Title 56 or otherwise not in conformity with the article upon a state highway. The application for the permit specifically must describe the vehicle and load to be operated or moved and the particular highways for which a permit to operate is requested. A permit must be carried in the vehicle or combination of vehicles to which it refers and must be open to inspection by a police officer or an authorized agent of the authority granting the permit. No person may violate the terms or conditions of the special permit. Fees collected pursuant to this section must be placed in the state highway fund and used for defraying the cost of issuing and administering the permits and for other highway purposes. The department may charge the following rates for oversize or overweight permits and licenses: Single Trip $30.00 Excessive Width Over 16 feet $35.00 Excessive Width Over 18 feet $40.00 Excessive Width Over 20 feet $45.00 Excessive Width Over 22 feet $50.00 Multiple Trip (Annual) $ 100.00 Housemoving License (Annual) $ 100.00 Superload Application (Non-Refundable) $ 100.00 Superload Engineer Analysis Over 130,000 pounds $ 100.00 Superload Engineer Analysis Over 200,000 pounds $ 200.00 Superload Engineer Analysis Over 300,000 pounds $ 350.00 Superload Impact Fee for Loads Over 130,000 pounds $3.00/1,000 pounds Administration Fee for Prorating Active Annual Permits $10.00 Administration Fee for Road Machinery Permits $10.00 Additional Megaload Impact Fee for Loads Over 500,000 pounds $.05/1000 lbs/mile (B)(1) The Department of Transportation may exercise its discretion in issuing permits for the movement of all types of vehicles which exceed the legal size and weight limits, if the: (a) load carried on the vehicle cannot be disassembled readily; (b) movements are made so as not to damage the highways nor unduly interfere with highway traffic. (2) The Department of Transportation may limit or prescribe the conditions of operation of the vehicles provided for in item (1) and may require insurance or other security it considers necessary. (3) The following are general provisions applicable to all oversize and overweight loads: (a) The granting of a permit does not constitute a waiver of the license requirements imposed by South Carolina, does not waive the liability or responsibility of the applicant which might accrue for property damage, including damage to the highways, or for personal injuries, and does not exempt the applicant from compliance with the ordinances, rules, and regulations of a municipality. (b) Before granting a permit, the Department of Transportation, at its discretion, may require the vehicle owner or operator to furnish a certificate showing the amount of public liability and property damage insurance carried. (c) All vehicles shall meet the requirements of all applicable laws and regulations. (d) Overwidth loads or mobile homes must be moved over sections of highways selected by the Department of Transportation. (e) The Department of Transportation may determine the maximum speeds at which permitted loads are to operate. (f) The driver shall remove the towing vehicle along with the load or mobile home from the traveled way to allow closely following traffic, five vehicles maximum, to pass and proceed. For any load traveling under police escort, this must be done at the discretion of the escort officer. (4) Applications for overweight and oversize permits must be submitted on forms provided by the Department of Transportation and must include all the necessary information required. Each application must be accompanied by the permit fee before it may be issued. The permit fee accompanying an application that is rejected must be returned to the person or company named within the application. (5) Special oversize and overweight trip permits for movement of vehicles or combinations of vehicles with individual loads on them in excess of the maximum sizes and weights allowed must receive special consideration by and have prior approval of the Department of Transportation before any part of the move to be undertaken. For loads exceeding five hundred thousand pounds, there is an additional megaload impact fee assessed on the entire gross vehicle weight on a pounds per mile basis as provided in the permits and licenses rates table contained in subsection (A). (6) The State reserves the right to recall or not issue permits in accordance with the limitations provided in this section if there is an abuse of the permit or the permit would cause an unnecessary amount of disruption in the normal traffic flow. (C) Notwithstanding the exemptions provided in Section 56-5-4020, the owner of vehicles or combinations of vehicles used to transport and spread soil improvement products exempted from load and size limitations shall obtain an annual special permit from the Department of Transportation which prescribes limitations on the exemption the Department of Transportation may determine necessary. The fee for the annual permits is five dollars. The fees must be used as prescribed for other fees collected pursuant to this section. (D) The detailed implementation of this section does not have general applicability to the public as prescribed in Chapter 23 of Title 1. Additional procedures established by the Department of Transportation for implementation are exempt from the requirement of General Assembly approval required by that chapter when the procedures are established in accordance with this section.

Legislative History

HISTORY: 1994 Act No. 497, Part II, SECTION 85A; 2008 Act No. 353, SECTION 2, Pt 26B.1, eff July 1, 2008; 2012 Act No. 110, SECTION 2, eff February 1, 2012.