Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 219 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter A - GENERAL PROVISIONS › Section 219.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) The definitions
				  contained in Transportation Code, Chapters 621, 622, and 623 apply to this
				  chapter. In the event of a conflict with this chapter, the definitions
				  contained in Transportation Code, Chapters 621, 622, and 623 control.
(b) The following words and terms, when used
				  in this chapter, will have the following meanings, unless the context clearly
				  indicates otherwise.
(1) Annual permit--A
				  permit that authorizes movement of an oversize and/or overweight load for one
				  year commencing with the effective date.
(2) Applicant--Any person, firm, or
				  corporation requesting a permit.
(3) Axle--The common axis of rotation of one
				  or more wheels whether power-driven or freely rotating, and whether in one or
				  more segments.
(4) Axle group--An
				  assemblage of two or more consecutive axles, with two or more wheels per axle,
				  spaced at least 40 inches from center of axle to center of axle, equipped with
				  a weight-equalizing suspension system that will not allow more than a 10%
				  weight difference between any two axles in the group.
(5) Board--The Board of the Texas Department
				  of Motor Vehicles.
(6)
				  Closeout--The procedure used by the department to terminate a permit, issued
				  under Transportation Code, §
											623.142 or §
											623.192 that will
				  not be renewed by the applicant.
(7) Complete identification number--A unique
				  and distinguishing number assigned to equipment or a commodity for purposes of
				  identification.
(8) Concrete pump
				  truck--A self-propelled vehicle designed to pump the concrete product from a
				  ready mix truck to the point of construction.
(9) Crane--Any unladen lift equipment motor
				  vehicle designed for the sole purpose of raising, shifting, or lowering heavy
				  weights by means of a projecting, swinging mast with an engine for power on a
				  chassis permanently constructed or assembled for such purpose.
(10) Credit card--A credit card approved by
				  the department.
(11) Daylight--The
				  period beginning one-half hour before sunrise and ending one-half hour after
				  sunset.
(12) Department--The Texas
				  Department of Motor Vehicles.
(13)
				  Digital signature--An electronic identifier intended by the person using it to
				  have the same force and effect as a manual signature. The digital signature
				  shall be unique to the person using it.
(14) Director--The Executive Director of the
				  Texas Department of Motor Vehicles or a designee not below the level of
				  division director.
(15)
				  District--One of the 25 geographical areas, managed by a district engineer of
				  the Texas Department of Transportation, in which the Texas Department of
				  Transportation conducts its primary work activities.
(16) District engineer--The chief executive
				  officer in charge of a district of the Texas Department of
				  Transportation.
(17) Electronic
				  identifier--A unique identifier which is distinctive to the person using it, is
				  independently verifiable, is under the sole control of the person using it, and
				  is transmitted in a manner that makes it infeasible to change the data in the
				  communication or digital signature without invalidating the digital
				  signature.
(18) Escort flag
				  vehicle--A vehicle that precedes or follows an oversize or overweight vehicle
				  to facilitate the safe movement of the oversize or overweight vehicle over
				  roads.
(19) Four-axle group--Any
				  four consecutive axles, having at least 40 inches from center of axle to center
				  of axle, whose extreme centers are not more than 192 inches apart and are
				  individually attached to or articulated from, or both, to the vehicle by a
				  weight equalizing suspension system.
(20) Gauge--The transverse spacing distance
				  between tires on an axle, expressed in feet and measured to the nearest inch,
				  from center-of-tire to center-of-tire on an axle equipped with only two tires,
				  or measured to the nearest inch from the center of the dual wheels on one side
				  of the axle to the center of the dual wheels on the opposite side of the
				  axle.
(21) Gross weight--The
				  unladen weight of a vehicle or combination of vehicles plus the weight of the
				  load being transported.
(22) Height
				  pole--A device made of a non-conductive material, used to measure the height of
				  overhead obstructions.
(23) Highway
				  maintenance fee--A fee established by Transportation Code, §
											623.077, based on
				  gross weight, and paid by the permittee when the permit is issued.
(24) Highway use factor--A mileage reduction
				  figure used in the calculation of a permit fee for a permit issued under
				  Transportation Code, §
											623.142 and
				  §
											623.192.
(25) Hubometer--A mechanical device attached
				  to an axle on a unit or a crane for recording mileage traveled.
(26) HUD number--A unique number assigned to
				  a manufactured home by the U.S. Department of Housing and Urban
				  Development.
(27) Indirect cost
				  share--A prorated share of administering department activities, other than the
				  direct cost of the activities, including the cost of providing statewide
				  support services.
(28)
				  Load-restricted bridge--A bridge that is restricted by the Texas Department of
				  Transportation, under the provisions of Transportation Code, §
											621.102, to a
				  weight limit less than the maximum amount allowed by Transportation Code,
				  §
											621.101.
(29) Load-restricted road--A road that is
				  restricted by the Texas Department of Transportation, under the provisions of
				  Transportation Code, §
											621.102, to a
				  weight limit less than the maximum amount allowed by Transportation Code,
				  §
											621.101.
(30) Machinery plate--A license plate issued
				  under Transportation Code, §
											502.146.
(31) Manufactured home--Manufactured housing,
				  as defined in Occupations Code, Chapter 1201, and industrialized housing and
				  buildings, as defined in Occupations Code, §
											1202.002, and
				  temporary chassis systems, and returnable undercarriages used for the
				  transportation of manufactured housing and industrialized housing and
				  buildings, and a transportable section which is transported on a chassis system
				  or returnable undercarriage that is constructed so that it cannot, without
				  dismantling or destruction, be transported within legal size limits for motor
				  vehicles.
(32) Motor carrier--A
				  person that controls, operates, or directs the operation of one or more
				  vehicles that transport persons or cargo over a public highway in this state,
				  as defined by Transportation Code, §
											643.001.
(33) Motor carrier registration (MCR)--The
				  registration issued by the department to motor carriers moving intrastate,
				  under authority of Transportation Code, Chapter 643.
(34) Nighttime--The period beginning one-half
				  hour after sunset and ending one-half hour before sunrise, as defined by
				  Transportation Code, §
											541.401.
(35) Nondivisible load or vehicle--
(A) Any load or vehicle exceeding applicable
				  length or weight limits which, if separated into smaller loads or vehicles,
				  would:
(i) compromise the intended use of the
				  vehicle, i.e., make it unable to perform the function for which it was
				  intended;
(ii) destroy the value of
				  the load or vehicle, i.e., make it unusable for its intended purpose;
				  or
(iii) require more than eight
				  work hours to dismantle using appropriate equipment. The applicant for a
				  nondivisible load permit has the burden of proof as to the number of workhours
				  required to dismantle the load.
(B) 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 highways that are or may become slick or
				  icy.
(C) Casks designed for the
				  transport of spent nuclear materials.
(D) Military vehicles transporting marked
				  military equipment or materiel.
(36) Oil field rig-up truck--An unladen
				  vehicle with an overweight single steering axle, equipped with a winch and set
				  of gin poles used for lifting, erecting, and moving oil well equipment and
				  machinery.
(37) Oil well servicing
				  unit--An oil well clean-out unit, oil well drilling unit, or oil well swabbing
				  unit, which is mobile equipment, either self-propelled or trailer-mounted,
				  constructed as a machine used solely for cleaning-out, drilling, servicing, or
				  swabbing oil wells, and consisting in general of, but not limited to, a mast,
				  an engine for power, a draw works, and a chassis permanently constructed or
				  assembled for this purpose.
(38)
				  One trip registration--Temporary vehicle registration issued under
				  Transportation Code, §
											502.095.
(39) Overdimension load--A vehicle,
				  combination of vehicles, or vehicle and its load that exceeds maximum legal
				  width, height, length, overhang, or weight as set forth by Transportation Code,
				  Chapter 621, Subchapters B and C.
(40) Overhang--The portion of a load
				  extending beyond the front or rear of a vehicle or combination of
				  vehicles.
(41) Overheight--A
				  vehicle or load that exceeds the maximum height specified in Transportation
				  Code, §
											621.207.
(42) Overlength--A vehicle, combination of
				  vehicles, or a vehicle or vehicle combination and its load that exceed(s) the
				  maximum length specified in Transportation Code, §§
											621.203,
				  621.204,
				  621.205, and
				  621.206.
(43) Oversize load--A vehicle, combination of
				  vehicles, or a vehicle or vehicle combination and its load that exceed(s)
				  maximum legal width, height, length, or overhang, as set forth by
				  Transportation Code, Chapter 621, Subchapter C.
(44) Overweight--A vehicle, combination of
				  vehicles, or a vehicle or vehicle combination and its load that exceed(s) the
				  maximum weight specified in Transportation Code, §
											621.101.
(45) Overwidth--A vehicle or load that
				  exceeds the maximum width specified in Transportation Code, §
											621.201.
(46) Permit--Authority for the movement of an
				  oversize and/or overweight vehicle, combination of vehicles, or a vehicle or
				  vehicle combination and its load, issued by the department under Transportation
				  Code, Chapter 623.
(47) Permit
				  officer--An employee of the department who is authorized to issue an
				  oversize/overweight permit.
(48)
				  Permit plate--A license plate issued under Transportation Code, §
											502.146, to a
				  crane or an oil well servicing vehicle.
(49) Permitted vehicle--A vehicle,
				  combination of vehicles, or vehicle and its load operating under the provisions
				  of a permit.
(50) Permittee--Any
				  person, firm, or corporation that is issued an oversize/overweight permit by
				  the department.
(51) Pipe box--A
				  container specifically constructed to safely transport and handle oil field
				  drill pipe and drill collars.
(52)
				  Portable building compatible cargo--Cargo, other than a portable building unit,
				  that is manufactured, assembled, or distributed by a portable building unit
				  manufacturer and is transported in combination with a portable building
				  unit.
(53) Portable building
				  unit--The pre-fabricated structural and other components incorporated and
				  delivered by the manufacturer as a complete inspected unit with a distinct
				  serial number whether in fully assembled, partially assembled, or kit
				  (unassembled) configuration when loaded for transport.
(54) Principal--The person, firm, or
				  corporation that is insured by a surety bond company.
(55) Roll stability support safety system--An
				  electronic system that monitors vehicle dynamics and estimates the stability of
				  a vehicle based on its mass and velocity, and actively adjusts vehicle systems
				  including the throttle and/or brake(s) to maintain stability when a rollover
				  risk is detected.
(56) Shipper's
				  certificate of weight--A form approved by the department in which the shipper
				  certifies to the maximum weight of the shipment being transported.
(57) Single axle--An assembly of two or more
				  wheels whose centers are in one transverse vertical plane or may be included
				  between two parallel transverse planes 40 inches apart extending across the
				  full width of the vehicle.
(58)
				  Single-trip permit--A permit issued for an overdimension load for a single
				  continuous movement over a specific route for an amount of time necessary to
				  make the movement.
(59) State
				  highway--A highway or road under the jurisdiction of the Texas Department of
				  Transportation.
(60) State highway
				  system--A network of roads and highways as defined by Transportation Code,
				  §
											221.001.
(61) Surety bond--An agreement issued by a
				  surety bond company to a principal that pledges to compensate the Texas
				  Department of Transportation for any damage that might be sustained to the
				  highways and bridges by virtue of the operation of the equipment for which a
				  permit was issued. A surety bond is effective the day it is issued and expires
				  at the end of the state fiscal year, which is August 31st. For example, if you
				  obtain a surety bond on August 30th, it will expire the next day at
				  midnight.
(62) Tare weight--The
				  empty weight of any vehicle transporting an overdimension load.
(63) Temporary vehicle registration--A
				  72-hour temporary vehicle registration, 144-hour temporary vehicle
				  registration, or one-trip registration.
(64) Three-axle group--Any three consecutive
				  axles, having at least 40 inches from center of axle to center of axle, whose
				  extreme centers are not more than 144 inches apart, and are individually
				  attached to or articulated from, or both, to the vehicle by a weight equalizing
				  suspension system.
(65) Time
				  permit--A permit issued for a specified period of time under §
											219.13 of
				  this title (relating to Time Permits).
(66) Tire size--The inches of lateral tread
				  width.
(67) Traffic control
				  device--All traffic signals, signs, and markings, including their supports,
				  used to regulate, warn, or control traffic.
(68) Trailer mounted unit--An oil well
				  clean-out, drilling, servicing, or swabbing unit mounted on a trailer,
				  constructed as a machine used for cleaning out, drilling, servicing, or
				  swabbing oil wells, and consisting in general of, but not limited to, a mast,
				  an engine for power, a draw works, and a chassis permanently constructed or
				  assembled for this purpose.
(69)
				  Truck--A motor vehicle designed, used, or maintained primarily for the
				  transportation of property.
(70)
				  Truck blind spot systems--Vehicle-based sensor devices that detect other
				  vehicles or objects located in the vehicle's adjacent lanes. Warnings can be
				  visual, audible, vibrating, or tactile.
(71) Trunnion axle--Two individual axles
				  mounted in the same transverse plane, with four tires on each axle, that are
				  connected to a pivoting wrist pin that allows each individual axle to oscillate
				  in a vertical plane to provide for constant and equal weight distribution on
				  each individual axle at all times during movement.
(72) Trunnion axle group--Two or more
				  consecutive trunnion axles whose centers are at least 40 inches apart and which
				  are individually attached to or articulated from, or both, to the vehicle by a
				  weight equalizing suspension system.
(73) Two-axle group--Any two consecutive
				  axles whose centers are at least 40 inches but not more than 96 inches apart
				  and are individually attached to or articulated from, or both, to the vehicle
				  by a weight equalizing suspension system.
(74) TxDOT--Texas Department of
				  Transportation.
(75) Unit--Oil well
				  clean-out unit, oil well drilling unit, oil well servicing unit, and/or oil
				  well swabbing unit.
(76) Unladen
				  lift equipment motor vehicle--A motor vehicle designed for use as lift
				  equipment used solely to raise, shift, or lower heavy weights by means of a
				  projecting, swinging mast with an engine for power on a chassis permanently
				  constructed or assembled for such purpose.
(77) USDOT Number--The United States
				  Department of Transportation number.
(78) Variable load suspension axles--Axles,
				  whose controls must be located outside of and be inaccessible from the driver's
				  compartment, that can be regulated, through the use of hydraulic and air
				  suspension systems, mechanical systems, or a combination of these systems, for
				  the purpose of adding or decreasing the amount of weight to be carried by each
				  axle during the movement of the vehicle.
(79) Vehicle identification number--A unique
				  and distinguishing number assigned to a vehicle by the manufacturer or by the
				  department in accordance with Transportation Code, §
											501.032 and
				  §
											501.033.
(80) Water Well Drilling Machinery--Machinery
				  used exclusively for the purpose of drilling water wells, including machinery
				  that is a unit or a unit mounted on a conventional vehicle or
				  chassis.
(81) Weight-equalizing
				  suspension system--An arrangement of parts designed to attach two or more
				  consecutive axles to the frame of a vehicle in a manner that will equalize the
				  load between the axles.
(82)
				  Windshield sticker--Identifying insignia indicating that a permit has been
				  issued in accordance with Subchapter C of this chapter.
(83) Year--A time period consisting of 12
				  consecutive months that commences with the effective date stated in the
				  permit.
(84) 72-hour temporary
				  vehicle registration--Temporary vehicle registration issued by the department
				  authorizing a vehicle to operate at maximum legal weight on a state highway for
				  a period not longer than 72 consecutive hours, as prescribed by Transportation
				  Code, §
											502.094.
(85) 144-hour temporary vehicle
				  registration--Temporary vehicle registration issued by the department
				  authorizing a vehicle to operate at maximum legal weight on a state highway for
				  a period not longer than 144 consecutive hours, as prescribed by Transportation
				  Code, §
											502.094.