Iowa Administrative Code › Agency 761 - Transportation Department › Motor Carriers › Chapter 511 - Special Permits for Operation and Movement of Vehicles and Loads of Excess Size and Weight › Rule 761-511.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in this chapter, unless the context otherwise
				  requires:
"Compacted rubbish vehicle"
means any
				  vehicle hauling rubbish that has been mechanically compacted with a hydraulic,
				  electric, or air-operated ram.
"Department"
means the Iowa department of
				  transportation.
"Dimensions"
or
"size"
means length, width or height limits.
"Emergency interstate permit"
means a permit
				  issued under Iowa Code section
				  321E.29B.
"Fluid milk product"
means the same as
				  defined in Iowa Code section
				  321E.29B(3).
"Indivisible load"
means any load or vehicle
				  exceeding applicable length or weight limits which, if separated into smaller
				  loads or vehicles, would:
1.
				Compromise the intended use of the vehicle, i.e., make it unable to perform the
				function for which it was intended;
2. Destroy the value of the load or vehicle,
				i.e., make it unusable for its intended purpose; or
3. Require more than eight work hours to
				dismantle using appropriate equipment. The applicant for an indivisible load
				permit has the burden of proof as to the number of work hours required to
				dismantle the load.
"Overdimensional"
or
"oversize"
means the exceeding of statutory length, width or
				  height limits.
"Permit"
means a permit issued under Iowa
				  Code chapter 321E for the movement of an overdimensional or overweight vehicle,
				  combination of vehicles, or vehicle with load. The term includes any additions
				  or supplements thereto issued by the permit-issuing authority.
"Permit-issuing authority"
means the:
1. Department's motor vehicle division for
				permits for movement on the primary road system.
2. Authority responsible for the maintenance
				of a nonprimary system of highways or streets for permits for movement on that
				system. However, the motor vehicle division may issue single-trip permits on
				primary road extensions in cities in conjunction with movement on the rural
				primary road system.
"Primary roads"
or
"primary road
				  system"
is defined in Iowa Code section
				  306.3. The primary road system
				  includes the interstate road system.
"Raw forest products"
means the same as
				  defined in Iowa Code section
				  321E.26.
"Rubbish"
means any unwanted or useless
				  material that has no commercial or practical value or use and that would
				  normally be discarded.
"Special or emergency situation"
means one
				  or more of the following:
1.
				Circumstances where the movement is necessary to cooperate with cities,
				counties, other state agencies or other states in response to a national or
				other disaster.
2. Circumstances
				where the movement is necessary to cooperate with national defense
				officials.
3. Circumstances where
				the movement is necessary to cooperate with public or private utilities in
				order to maintain their public services.
4. Circumstances where the movement is
				essential to ensure safety and protection of any person or property due to an
				event such as, but not limited to, pollution of natural resources, a potential
				fire or an explosion.
5.
				Circumstances where weather or transportation problems create an undue hardship
				for citizens of the state of Iowa.
6. Circumstances where the movement involves
				emergency-type vehicles.
7.
				Uncommon or extraordinary circumstances where the movement is essential to the
				existence of an Iowa business and the move may be accomplished without causing
				undue hazards to the safety of the traveling public or undue damage to private
				or public property.
8. Other unique
				circumstances that warrant the issuance of a permit as determined by the
				permit-issuing authority.
"Stafford Act"
means the Robert T. Stafford
				  Disaster Relief and Emergency Assistance Act, Public Law No. 93-288, as
				  amended, 42 U.S.C. §
										5121 et seq.
"Statutory"
when used with size or weight
				  limits refers to those limits found in Iowa Code chapter 321.
This rule is intended to implement Iowa Code sections
				  321E.9,
				  321E.15,
				  321E.26,
				  321E.29,
				  321E.29B,
				  321E.30 and
				  321E.34.