Section 1680-07-01-.03 - GENERAL CONDITIONS FOR ISSUING SPECIAL PERMITS(1) Subject to the rules established in this chapter, the TDOT Permit Office may issue special permits authorizing the movement of motor vehicles and loads that exceed the size or weight limits generally allowed by law, as set forth in Rule 1680-07-01-.01(2) above. In general, special permits may be issued only for non-divisible loads or vehicles.(2) As used in this chapter, a "non-divisible load or vehicle" means any load or vehicle which, if separated into smaller loads or vehicles, would: (a) Compromise the intended use of the vehicle, i.e., make it unable to perform the function for which it was intended;(b) Destroy the value of the load or vehicle, i.e., make it unusable for its intended purpose; or(c) Require more than eight (8) workhours to dismantle using appropriate equipment, which the applicant for the special permit has the burden of proving; and(d) Apart from the criteria set forth in subparagraphs (a) through (c), the term "non-divisible load or vehicle" includes military vehicles transporting marked military equipment or materiel, and emergency response vehicles, including those loaded with salt, sand, chemicals or a combination thereof, with or without a plow or blade attached in front , and being used for the purpose of spreading the material on the highways that are or may become slick or icy.(e) In accordance with 23 U.S.C. § 127 and T.C.A. § 55-7-205(e)(2), a vehicle carrying fluid milk products shall be considered a non-divisible load.(3) In accordance with 23 U.S.C. § 127, special permits may be issued to overweight vehicles with loads that can be easily dismantled or divided if the vehicles are delivering relief supplies during an emergency or major disaster declared by the President of the United States under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ("Stafford Act") ( 42 U.S.C. §§ 5121, et seq.) and the movement is authorized by the Governor of Tennessee as provided in paragraph (4) below.(4) In accordance with T.C.A. § 58-2-107, but subject to any limitations established in Federal law, special permits may be issued in accordance with an Executive Order or Proclamation issued by the Governor of Tennessee during a state of emergency declared by the Governor under the authority granted in T.C.A. §§ 58-2-101, et seq.(5) Special permits for a single trip are issued to allow one movement between two specific points. Annual permits do not limit the number or route of movements; provided, however, that no vehicle or load authorized to move under an annual permit shall violate any size or clearance restrictions, or any gross vehicle weight or axle weight limits, posted on any highway, bridge, overpass, or underpass.(6) A single trip permit or annual permit shall be issued to a specific motor vehicle; provided, however, that if the movement of a single load requires, or may require, more than one motor vehicle to move the load, a single trip permit may be issued for the entire load, including the primary motor vehicle and any additional motor vehicle(s), as identified in the permit application, that may be used to move the load.(7) For good cause shown, the TDOT Permit Office may approve the transfer of a single trip permit or annual permit to a different motor vehicle. The permittee requesting a transfer shall submit an application to the TDOT Permit Office, including documentation of the reason for the request. Good cause for a transfer may include the mechanical failure or sale of the permitted motor vehicle or any similar cause. Ordinarily, a permit transfer will not be allowed more than one time within the duration of the permit.(8) Each category of size (height, width, or length) or weight in which the vehicle and load exceeds the size and weight limits established by law and set forth in Rule 1680-07-01-.01 shall be included in the permit and shall be subject to the applicable fee for each category.(9) The permit shall be issued in the name of the motor carrier used to transport the load.(10) The permittee is responsible for the accuracy of all information contained within the permit.(11) The permit may be rendered invalid, and the permit holder may be subject to citation for violation of the law, if the permit is found to contain false information.(12) After issuance, a permit may be amended one time only within one (1) business day after it has been issued, but not after the starting date of the permit, to correct information regarding load dimensions, weight, axle spacing or axle weight, trip origin or destination, or routing of movement. There will be no additional permit fee for an amendment; provided, however, that if any change in the permit requires an additional analysis of bridges or other structures, the applicable bridge/structure evaluation fee shall be charged in accordance with Rule 1680-07-01-.24(4).(13) An original permit, or an authentic copy of the permit with a scannable bar code, shall be in the possession of the driver of the permitted vehicle at all times during the authorized move. An electronic permit is acceptable so long as the bar code is scannable. The permit shall be presented to TDOT, the Tennessee Department of Safety and Homeland Security, or other law enforcement whenever requested.(14) Permits may be subject to route restrictions based on conditions of the roadway or bridges and the weight or dimensions of the load. Restricted routes of travel shall be strictly followed.(15) Permits may be subject to restrictions on time of movement during inclement weather or weather-related emergencies when conditions prevail that could make movement unsafe.(16) No permit fees will be refunded after issuance of the permit, and no refunds or credits will be granted for unused or expired permits.(17) Every special permit will be issued on the condition that the permittee accepts and uses it at the permittee's own risk, even though all instructions, directions, and requirements of the Department have been followed.(18) All permit holders requiring travel off of the state highway system are responsible for coordination with the local government having jurisdiction of such other roads.Tenn. Comp. R. & Regs. 1680-07-01-.03
Original rule certified June 10, 1974. Amendment filed September 23, 1976; effective October 24, 1976. Repeal and new rule filed July 1, 1982; effective August 2, 1982. Repeal and new rule filed October 31, 1985; effective November 30, 1985. Repeal and new rule filed June 19, 1991; effective August 3, 1991. Rule has been assigned a new control number from 1680-02-02-.03 filed and effective February 1, 2003. Amendments filed February 14, 2018; effective 5/15/2018.Authority: T.C.A. § 55-7-205, 23 U.S.C. § 127, and 23 C.F.R. Part 658.