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) 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.
(6) Complete
				  identification number--A unique and distinguishing number assigned to equipment
				  or a commodity for purposes of identification.
(7) Concrete pump truck--A self-propelled
				  vehicle designed to pump the concrete product from a ready mix truck to the
				  point of construction.
(8)
				  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.
(9)
				  Day--A calendar day.
(10)
				  Daytime--As defined in Transportation Code, §541.401.
(11) 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.
(12) 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.
(13) 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.
(14) 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.
(15) 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.
(16) Gross weight--The
				  unladen weight of a vehicle or combination of vehicles plus the weight of the
				  load being transported.
(17) Height
				  pole--A device made of a non-conductive material, used to measure the height of
				  overhead obstructions.
(18) 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.
(19) 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.
(20) Hubometer--A mechanical device attached
				  to an axle on a unit or an unladen lift equipment motor vehicle for recording
				  mileage traveled.
(21) HUD label
				  number--A unique number assigned to a manufactured home by the U.S. Department
				  of Housing and Urban Development.
(22) 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.
(23) 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.
(24) 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.
(25) 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.
(26) 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.
(27) Nighttime--As defined in Transportation
				  Code, §541.401.
(28)
				  Nondivisible load or vehicle--
(A) A
				  nondivisible load or vehicle is defined as follows:
(i) 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
				  workhours 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.
(ii) 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.
(iii) Casks designed for the
				  transport of spent nuclear materials.
(iv) Military vehicles transporting marked
				  military equipment or materiel.
(B) A vehicle or load that exceeds legal
				  weight (without the properly secured components) and for which an appropriate
				  permit is obtained from the department under this chapter may travel as a
				  mobile vehicle or as a load, as applicable, with properly secured components in
				  accordance with the manufacturer's specifications to the extent the components
				  are necessary for the vehicle or load to perform its intended function or
				  purpose, provided the axle weights, axle group weights, and gross weight do not
				  exceed the maximum applicable permit weights listed in this chapter. For
				  example, a crane permitted under Subchapter E of this chapter that exceeds
				  legal weight without the properly secured components may travel with properly
				  secured components, such as outriggers, booms, counterweights, jibs, blocks,
				  balls, cribbing, outrigger pads, and outrigger mats, in accordance with the
				  manufacturer's specifications to the extent the components are necessary for
				  the crane to perform its intended function, provided the axle weights, axle
				  group weights, and gross weight do not exceed the maximum permit weights listed
				  in Subchapter E of this chapter. An example of a load being transported is a
				  dozer with the blade detached that is permitted under §
												219.12 of this title (relating to
				  Single-Trip Permits Issued under Transportation Code, Chapter 623, Subchapter
				  D) when both are being transported on a trailer or semitrailer if the dozer
				  without the blade is overweight, provided the axle weights, axle group weights,
				  and gross weight do not exceed the maximum permit weights listed in
				  §219.12.
(29) 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.
(30) 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.
(31) 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.
(32) Overhang--The portion of a load
				  extending beyond the front or rear of a vehicle or combination of
				  vehicles.
(33) Overheight--A
				  vehicle or load that exceeds the maximum height specified in Transportation
				  Code, §621.207.
(34)
				  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.
(35) 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.
(36) 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.
(37) Overwidth--A vehicle or load that
				  exceeds the maximum width specified in Transportation Code,
				  §621.201.
(38)
				  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.
(39) Permit officer--An employee of the
				  department who is authorized to issue an oversize/overweight permit.
(40) Permit plate--A license plate issued
				  under Transportation Code, §502.146, to oil well servicing, cleanout, or
				  drilling machinery as defined in Transportation Code,
				  §502.001(29).
(41) Permitted
				  vehicle--A vehicle, combination of vehicles, or vehicle and its load operating
				  under the provisions of a permit.
(42) Permittee--Any person, firm, or
				  corporation that is issued an oversize/overweight permit by the
				  department.
(43) Pipe box--A
				  container specifically constructed to safely transport and handle oil field
				  drill pipe and drill collars.
(44)
				  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.
(45) 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.
(46) Principal--The person, firm, or
				  corporation that is insured by a surety bond company.
(47) 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.
(48) 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.
(49) 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.
(50)
				  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.
(51) State
				  highway--A highway or road under the jurisdiction of the Texas Department of
				  Transportation.
(52) State highway
				  system--A network of roads and highways as defined by Transportation Code,
				  §221.001.
(53) Surety bond--An
				  agreement issued by a surety bond company to a principal that pledges to
				  compensate the obligee as required under Transportation Code, Chapters 622 and
				  623.
(54) Tare weight--The empty
				  weight of any vehicle transporting an overdimension load.
(55) 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.
(56) Time
				  permit--A permit issued for a specified period of time under §
											219.13 of this title (relating to
				  Time Permits).
(57) Tire size--The
				  inches of lateral tread width.
(58)
				  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.
(59) Truck--A motor vehicle designed, used,
				  or maintained primarily for the transportation of property.
(60) 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.
(61) 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.
(62) 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.
(63) TxDOT--Texas Department of
				  Transportation.
(64) Unit--Oil well
				  clean-out unit, oil well drilling unit, oil well servicing unit, and/or oil
				  well swabbing unit.
(65) Unladen
				  lift equipment motor vehicle--A motor vehicle, such as a crane or a concrete
				  pump truck, 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.
(66) USDOT Number--The
				  United States Department of Transportation number.
(67) 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.
(68) 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.
(69) 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.
(70) Windshield
				  sticker--Identifying insignia indicating that a permit has been issued in
				  accordance with Subchapter C of this chapter.
(71) Year--A time period consisting of 12
				  consecutive months that commences with the effective date stated in the
				  permit.