§ 31-18-804 — Permits for and certain highways to carry, overweight and oversize vehicles; government vehicles

Wyoming § 31-18-804

• Jurisdiction: Wyoming
• Title 31: Motor Vehicles
• Ch. 18: COMMERCIAL VEHICLES
• Art. 8: SIZE AND WEIGHT LIMITS

Text

(a) The director or his authorized representative may
issue permits for separate movements or extended periods of
movement effective for one (1) or more months, not to exceed
ninety (90) days permitting hauling of forest products, baled
hay or combine headers. No permit issued under this section
shall be granted for any load of forest products exceeding one
hundred twelve (112) inches in width or any load of baled hay or
combine headers exceeding one hundred fifty (150) inches in
width and fifteen (15) feet in height. No single component of
the load may exceed one hundred two (102) inches in width. The
fee for a single trip permit is fifteen dollars ($15.00). The
fee for an extended period permit is fifty dollars ($50.00).
(b) The director or his authorized representative may
issue a permit exclusive of interstate highways for hauling of
forest products, sugar beets, gravel, livestock and agricultural
products hauled in trucks that cannot be weighed at point of
loading at a weight which is not more than ten percent (10%) in
excess of allowable axle weights and not more than five thousand
(5,000) pounds in excess of gross weights allowed under gross
weight Table I. The permit fee is fifteen dollars ($15.00) for a
single trip permit not to exceed ninety-six (96) continuous
hours. The permit fee is fifty dollars ($50.00) for any ninety
(90) continuous days. If a truck hauling forest products, sugar
beets, gravel, livestock or agricultural products exceeds the
legal weight limitations, the truck shall be allowed to unload
at its point of destination in this state if the point of
destination is within one (1) mile of the truck's location when
the illegal weight limitation was determined, unless an
immediate threat to public safety exists. No penalty for the
first violation shall be imposed, but any subsequent violation
shall be subject to the penalty provisions of W.S. 31-18-805.
(c) In special circumstances of individual movements of
vehicles hauling single, multiple or readily divisible items
which cannot be readily or safely dismantled or divided or which
cannot be transported safely or without damage when dismantled
or divided, the director or his authorized representative may
upon application and good cause shown issue a permit in writing
effective for a single trip by each permit authorizing the
applicant to operate or move a vehicle or combination of
vehicles of a width, height, length or weight of vehicle or
load, exceeding the maximum specified in or authorized under
W.S. 31-18-802.
(d) For movements of a vehicle without load, or meeting
indivisible load requirements, or a trailer carrying a
recreational boat that exceeds any maximum dimension or weight
authorized under W.S. 31-18-802, the director or his authorized
representative may upon application issue a permit in writing
effective for an extended period of time, not to exceed one (1)
year, authorizing the movement of the vehicle, provided that the
size does not exceed seventy-five (75) feet in length for a
single vehicle and twelve (12) feet in width or fifteen (15)
feet in height for a single vehicle or combination of vehicles.
The permit fee for an oversize vehicle is fifty dollars
($50.00). The director or his authorized representative may
upon application issue a permit effective for one (1) year,
authorizing the commercial movement of one (1) or more motor
homes, house trailers or truck campers that exceed the maximum
width authorized under W.S. 31-18-802(a)(i)(A). A copy of the
permit shall be carried with the vehicle. The fee for such a
permit shall not exceed two hundred fifty dollars ($250.00).
Notwithstanding subsections (e) through (t) of this section, no
additional permit requirements shall be imposed upon the
commercial movement of such vehicles if such vehicles comply
with W.S. 31-18-802(a)(i)(A). The permit fee for an overweight
vehicle is as prescribed in subsection (g) of this section.
Extended period permits are not authorized for transportable
homes as defined in W.S. 31-1-101.
(e) The application for any permit under this section
shall specifically describe the applicant, individual or
company, the vehicle or load to be operated or moved, and the
particular highway to be used and whether the permit is
requested for a single trip or for extended period operation.
Each permit shall contain the following provisions: duration of
permit, description of load or loads to be moved, section
standards which are to be exceeded and the amount of excess
authorized, description of equipment, route to be traveled and
required operating procedures. Every permit issued under this
act shall be carried with the vehicles or combination of
vehicles to which it refers and shall be open to inspection by
any authorized agent of the state of Wyoming. Permission may be
verbally issued by telephone or otherwise, granting the
applicant authorization to proceed to the nearest permit issuing
facility to be weighed and measured and to obtain the permit.
Unless otherwise authorized by the director or his authorized
representative, permits shall be obtained prior to operating any
oversize or overweight vehicles on the highways of this state.
Nothing herein contained shall be construed to permit a vehicle
that is overweight or oversize and has not obtained a permit or
permission in advance to be operated on the highways of this
state. Except as provided in W.S. 31-18-805(b) and this
subsection, the operator shall be required to unload the excess
weight, reduce the excess size or otherwise bring the load
within permissible limits and pay all fees for overweight or
oversize under this act for distance traveled in addition to
penalties provided by law.
(f) When an oversize single trip permit is issued, the fee
is twenty-five dollars ($25.00). Should any vehicle including
load exceed the dimensions of fifteen (15) feet in width or
fifteen (15) feet in height or any single vehicle including load
exceed seventy-five (75) feet in length, an additional fee shall
be paid in excess of the above limitation computed at the rate
of three cents ($.03) for each foot or fraction thereof for each
mile traveled on the highways.
(g) When an overweight permit is issued, the fee is six
cents ($.06) for each ton or fraction thereof of weight in
excess of the weight limitation under W.S. 31-18-802 for each
mile traveled on the highways. In no event shall the fee be less
than forty dollars ($40.00) for the permit. A permit under this
section for loads exceeding eighty (80) tons shall not be issued
until the permittee has paid all costs incurred by the state to
determine routing, structure, highway capability to withstand
the load and the cost incurred by sending personnel to accompany
the movement of the load.
(h) In addition to other permits authorized in this act,
the director may issue permits to be completed by the applicant.
These permits shall authorize separate movements of items that
cannot be readily dismantled or divided, or safely transported
if dismantled or divided. The applicant is required to complete
a separate permit prior to each separate movement. The fee for
the permit is that established in subsections (f) and (g) of
this section.
(j) The director may promulgate rules and regulations as
to the terms and conditions of the permits issued under this
article. Alteration of any word or figure on the face of a
permit will void the permit immediately and will subject the
permit to confiscation by the inspecting officer.
(k) The funds paid for permits for the use of highways
shall be credited to the state highway fund.
(m) Permits issued under this act shall be issued under
conditions deemed necessary for travel safety and highway system
protection as to time of day and day of week, route, equipment,
speed and otherwise as may be determined by the director or his
authorized representative.
(n) Certain highways may be designated to carry vehicles
of greater weight, size and number of vehicles than given in
this article if it has been determined by the governor or
director that a situation of economic hardship exists or that
the general welfare of the state of Wyoming or another state
would benefit from the designation. Vehicles operating on the
designated highways shall obtain a permit under this section in
accordance with rules adopted by the director. Provisions for
the designation may be made if the director has determined:
(i) That the operation of the vehicles under this
subsection would relieve a situation that is detrimental to the
economy or general welfare of the state or another state; and
(ii) By engineering evaluation that the highways and
bridges in question have geometrical and structural capacity
adequate to accommodate the vehicles and allow their operation
safely and compatibly with other traffic on the highways; and
(iii) That federal highway funds will not be
withdrawn by this provision.
(o) The director or his authorized representative is
authorized to examine and audit the records of any person having
applied for and having received overweight and oversize permits
to determine the accuracy of these permits and reports, or to
determine fees due in the event no report is made. The records
shall not be destroyed for a period of two (2) years or until
the records have been examined and audited, whichever occurs
first.
(p) In determining permit weights of vehicles or
combinations of vehicles, a variable load suspension axle may be
counted as load bearing, provided that the variable load
suspension axle that is capable of producing a distribution of
weight to prevent an axle or axle group from exceeding maximum
allowable weights in accordance with department rules and
regulations.
(q) Multiple piece loads of a size or weight greater than
that authorized in W.S. 31-18-802 are prohibited except as
authorized in this section.
(r) Oversize vehicles with a proper permit may be used to
transport loads of legal size, legal weight, oversize
indivisible loads or overweight indivisible loads.
(s) Vehicles owned and operated by government agencies
shall comply with the provisions of this article and the rules
and regulations promulgated pursuant to this article, except
that no permit shall be required for oversize or overweight
movements made in compliance with this section.
(t) The director or his authorized representative may
issue permits for vehicles at weights in excess of limits
allowed in W.S. 31-18-802(a)(vi), but meeting axle and bridge
formula specifications in section 127 of title 23, United States
Code and pursuant to section 335 of the Department of
Transportation and Related Agencies Appropriations Act, 1991
(104 Stat. 2186) and sections 1023(d)(I)(A) and (1)(B) of the
Intermodal Surface Transportation Efficiency Act of 1991.
Permit fees for vehicles operating under this provision shall be
paid in accordance with rules adopted by the director or his
authorized representative and shall be credited to the highway
fund. A power unit receiving a permit under this subsection
shall be capable of maintaining a speed of twenty-five (25)
miles per hour on a grade of five percent (5%) or less when
fully loaded.
(u) Nothing in this article shall be interpreted to
authorize the operation of triple trailers as prohibited by W.S.