North Carolina § 20-119 - Special permits for vehicles of excessive size or weight; fees.

§ 20-119. Special permits for vehicles of excessive size or weight; fees.

The Department of Transportation may, in its discretion, upon application, for good cause being shown therefor, issue a special permit in writing authorizing the applicant to operate or move a vehicle of a size or weight exceeding a maximum specified in this Article upon any highway under the jurisdiction and for the maintenance of which the body granting the permit is responsible. However, the Department is not authorized to issue any permit to operate or move over the State highways twin trailers, commonly referred to as double bottom trailers. Every such permit shall be carried in the vehicle to which it refers and shall be open to inspection by any peace officer. The authorities in any incorporated city or town may grant permits in writing and for good cause shown, authorizing the applicant to move a vehicle over the streets of such city or town, the size or weight exceeding the maximum expressed in this Article. The Department of Transportation shall issue rules to implement this section. Where permitted by the posted road and bridge limits, the Department may issue a single trip permit for a vehicle or vehicle combination responding to an emergency event that could result in severe damage, injury, or loss of life or property resulting from any natural or man-made emergency as determined by either the Secretary of Public Safety or the Secretary of Transportation or their designees. A permit issued under this subsection may allow for travel from a specific origin to destination and return 24 hours a day, seven days a week, including holidays. Permits issued under this subsection shall include a requirement for banners, flags, and other safety devices, as determined by the Department, and a requirement for a law enforcement escort or a vehicle being operated by a certified escort vehicle operator if traveling between sunset and sunrise. To obtain authorization to travel during restricted times, application shall be made with any required documentation to the proper officials as designated by the Department. If an emergency permit is issued under this subsection, the requestor shall contact the Department of Transportation's central permit office on the next business day to complete any further documentation and pay the applicable fees. Upon the issuance of a special permit for an oversize or overweight vehicle by the Department of Transportation in accordance with this section, the applicant shall pay to the Department for a single trip permit a fee of twelve dollars ($12.00) for each dimension over lawful dimensions, including height, length, width, and weight up to 132,000 pounds. For overweight vehicles, the applicant shall pay to the Department for a single trip permit in addition to the fee imposed by the previous sentence a fee of three dollars ($3.00) per 1,000 pounds over 132,000 pounds. Neither the Department nor the Board may require review or renewal of annual permits, with or without fee, more than once per calendar year. The Department shall issue single trip permits for the transport and delivery of a manufactured or modular home with a maximum width of 16 feet and a gutter edge that does not exceed three inches from the manufacturer to an authorized dealership within this State, for delivery of a manufactured or modular home by a manufacturer and authorized dealer or their transporters to a location within this State, and for transport and delivery of a manufactured or modular home by a homeowner from one location to another within this State. The Department shall promulgate rules that set the days allowed for transport and delivery, times of day transport or delivery may occur, the display and use of banners and escort vehicles for public safety purposes, and any other reasonable rules as are necessary to promote public safety and commerce. For the purposes of this subsection, manufactured home and modular home shall have the same meanings as those terms are defined in G.S. 105-164.3. For a special permit issued under this section for the transport and delivery of cargo, containers, or other equipment, the Department may allow travel after sunset if the Department determines it will be safe and expedite traffic flow. The Department shall not include a term or condition prohibiting travel after sunset for any permitted shipments going to or from international ports. Nothing in this subsection precludes the Department from restricting movements it determines to be unsafe. Nothing in this section shall require the Department of Transportation to issue any permit for any load. For each violation of any of the terms or conditions of a special permit issued or where a permit is required but not obtained under this section the Department of Public Safety shall assess a civil penalty for each violation against the registered owner of the vehicle as follows: A fine of one thousand five hundred dollars ($1,500) for operating without the proper number of certified escorts as determined by the actual loaded weight or size of the vehicle combination. A fine of five hundred dollars ($500.00) for any of the following: operating without the issuance of a permit, moving a load off the route specified in the permit, falsifying information to obtain a permit, or failing to comply with dimension restrictions of a permit. A fine of two hundred fifty dollars ($250.00) for moving loads beyond the distance allowances of an annual permit covering the movement of house trailers from the retailer's premises or for operating in violation of time of travel restrictions. A fine of one hundred dollars ($100.00) for any other violation of the permit conditions or requirements imposed by applicable regulations. In addition to the penalties assessed under subsection (d) of this section, the Department of Public Safety shall assess a civil penalty, not to exceed ten thousand dollars ($10,000), in accordance with G.S. 20-118(e)(1) and (e)(3) against the registered owner of the vehicle for any of the following: Operating without the issuance of a required permit. Operating off permitted route of travel. Failing to comply with travel restrictions of the permit. Operating without the proper vehicle registration or license for the class of vehicle being operated. It is the intent of the General Assembly that the permit fees provided in G.S. 20-119 shall be adjusted periodically to assure that the revenue generated by the fees is equal to the cost to the Department of administering the Oversize/Overweight Permit Unit Program within the Division of Highways. At least every two years, the Department shall review and compare the revenue generated by the permit fees and the cost of administering the program, and shall report to the Joint Legislative Transportation Oversight Committee created in G.S.120-70.50 its recommendations for adjustments to the permit fees to bring the revenues and the costs into alignment. The Department of Transportation shall issue rules to establish an escort driver training and certification program for escort vehicles accompanying oversize/overweight loads. Any driver operating a vehicle escorting an oversize/overweight load shall meet any training requirements and obtain certification under the rules issued pursuant to this subsection. These rules may provide for reciprocity with other states having similar escort certification programs. Certification credentials for the driver of an escort vehicle shall be carried in the vehicle and be readily available for inspection by law enforcement personnel. The escort and training certification requirements of this subsection shall not apply to the transportation of agricultural machinery until October 1, 2004. The Department of Transportation shall develop and implement an in-house training program for agricultural machinery escorts by September 1, 2004. The Department of Transportation shall issue annual overwidth permits for the following: A vehicle carrying agricultural equipment or machinery from the dealer to the farm or from the farm to the dealer that does not exceed 14 feet in width. A permit issued under this subdivision is valid for unlimited movement without escorts on all State highways where the overwidth vehicle does not exceed posted bridge and load limits. A boat or boat trailer whose outside width equals or exceeds 120 inches. A permit issued under this subdivision must restrict a vehicle's towing of the boat or boat trailer to daylight hours only. No law enforcement officer shall issue a citation to a person for a violation of this section if the officer is able to determine by electronic means that the person has a permit valid at the time of the violation but does not have the permit in his or her possession. Any person issued a citation pursuant to this section who does not have the permit in his or her possession at the time of the issuance of the citation shall not be responsible for a violation, and the Department of Public Safety may not impose any fines under this section if the person submits evidence to the Department of the existence of a permit valid at the time of the violation within 30 days of the date of the violation. One, two, or three steel coils, transported on the same vehicle, shall be considered a nondivisible load for purposes of permit issuance pursuant to this section. Upon the issuance of an annual permit for a single vehicle, the applicant shall pay a fee in accordance with the following schedule: Commodity: Annual Fee: Annual Permit to Move House Trailers or Trailer Frames $200.00 Annual Permit to Move Other Commodities $100.00 In addition to the fees set out in this subsection, applications for permits that require an engineering study for pavement or structures or other special conditions or considerations shall be accompanied by a nonrefundable application fee of one hundred dollars ($100.00). This subsection does not apply to farm equipment or machinery being used at the time for agricultural purposes, nor to the moving of a house as provided for by the license and permit requirements of Article 16 of this Chapter. Fees will not be assessed for permits for oversize and overweight vehicles issued to any agency of the United States Government or the State of North Carolina, its agencies, institutions, subdivisions, or municipalities if the vehicle is registered in the name of the agency. The Department of Transportation may refuse to issue additional permits or suspend existing permits if there are repeated violations of subdivision (1), (1a), or (2) of this subsection. A violation of this subsection constitutes operating a vehicle without a special permit. History (1937, c. 407, s. 83; 1957, c. 65, s. 11; 1959, c. 1129; 1973, c. 507, s. 5; 1977, c. 464, s. 34; 1981, c. 690, ss. 31, 32; c. 736, ss. 1, 2; 1989, c. 54; 1991, c. 604, ss. 1, 2; c. 689, s. 334; 1993, c. 539, s. 357; 1994, Ex. Sess., c. 24, s. 14(c); 2000-109, ss. 7(a), 7(f), 7(g); 2001-424, s. 27.10; 2003-383, s. 7; 2004-124, s. 30.3E(a), (b); 2004-145, s. 3; 2005-361, s. 4; 2007-290, s. 2; 2008-160, s. 2; 2008-229, s. 2; 2009-376, ss. 7, 8; 2011-145, s. 19.1(g); 2011-358, s. 1; 2016-90, s. 2.1(b); 2017-97, s. 1.) Editor's Note. - Session Laws 2000-109, s. 7(g), was codified as subsection (e) of this section at the direction of the Revisor of Statutes, effective July 13, 2000. Pursuant to Session Laws 2000-109, s. 10(g), the first report required by s. 7(g) is due December 1, 2002. Session Laws 2008-229 [s. 2 of which amended (g), (g)(1) and (g)(2)] was House Bill 2167, which was vetoed by the Governor on August 17, 2008. The General Assembly, in a special session on August 27, 2008, voted to override the Governor's veto. Session Laws 2008-229 became law notwithstanding the Governor's veto on August 27, 2008. Session Laws 2012-78, s. 15, provides: "Notwithstanding 19A NCAC 02D.0607(e)(3), the Department of Transportation may permit sealed ship containers as nondivisible loads as allowed by Federal Highway Administration policy. All Department of Transportation permitting rules applied to other nondivisible loads shall also apply to sealed ship containers." Session Laws 2012-78, s. 16, provides: "The Department of Transportation shall initiate the process to conform the North Carolina Administrative Code to this act by striking the words "not to exceed 94,500 pounds" from the first sentence of 19A NCAC 02D.0607(e)(3)." Session Laws 2015-263, s. 4(a)-(e), provides: "(a) 19A NCAC 02D.0607 (Permits-Weight, Dimensions and Limitations). - Until the effective date of the revised permanent rule that the Department of Transportation is required to adopt pursuant to Section 4(d) of this act, the Department shall implement 19A NCAC 02D.0607 (Permits-Weight, Dimensions and Limitations) as provided in subsections (b) and (c) of this section. "(b) Implementation. - Notwithstanding subdivision (h)(1) of 19A NCAC 02D.0607 (Permits-Weight, Dimensions and Limitations), the Secretary of Transportation shall allow movement of a permitted oversize vehicle between sunrise and sunset Monday through Sunday. However, a 16-foot-wide mobile or modular home unit with a maximum three-inch gutter edge is restricted to travel from 9:00 A.M. to 2:30 P.M. Monday through Sunday. A 16-foot-wide unit is authorized to continue operation after 2:30 P.M., but not beyond sunset, when traveling on an approved route as determined by an engineering study and the unit is being exported out-of-state. "(c) Implementation. - Notwithstanding subdivision (h)(2) of 19A NCAC 02D.0607 (Permits-Weight, Dimensions and Limitations), the Secretary of Transportation shall only prohibit movement of a permitted oversize vehicle and vehicle combination after noon on the weekday preceding the three holidays of Independence Day, Thanksgiving Day, and Christmas Day until noon on the weekday following a holiday. If the observed holiday falls on the weekend, travel is restricted from noon on the preceding Friday until noon on the following Monday. "(d) Additional Rule-Making Authority. - The Department of Transportation shall adopt rules to amend 19A NCAC 02D.0607 (Permits-Weight, Dimensions and Limitations) consistent with subsections (b) and (c) of this section. Notwithstanding G.S. 150B-19(4) , the rule adopted by the Department pursuant to this section shall be substantively identical to the provisions of subsections (b) and (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B-21.3(b1) as though 10 or more written objections had been received as provided by G.S. 150B-21.3(b2) . "(e) Effective Date. - Subsections (b) and (c) of this section expire on the date that rules adopted pursuant to subsection (d) of this act become effective." Effect of Amendments. - Session Laws 2004-124, ss. 30.3E(a) and (b), effective July 1, 2004, added subsection (g); and added the last sentence in subsection (f). Session Laws 2004-145, s. 3, effective January 1, 2005, added the subsection designated herein as subsection (h). Session Laws 2005-361, s. 4, effective October 1, 2005, substituted "excessive size or weight" for "excessive size, weight, or number of units" in the section heading; in subsection (a), substituted "its discretion" for "their discretion" and deleted "or number of units" following "size or weight" in the first sentence, and deleted "but no rule shall provide that the permits issued pursuant to this section may be invalidated by law enforcement personnel" at the end of the subsection; and in subsection (d), in the first paragraph, inserted "or where a permit is required but not obtained," substituted "Crime Control and Public Safety" for "Transportation" and "a civil penalty for each violation" for "a separate civil penalty"; and in subdivision (d)(1), inserted "the issuance of" and substituted "the number of properly certified escort vehicles required" for "escort vehicle requirements"; and added the last two sentences of the concluding paragraph of subsection (d). Session Laws 2007-290, s. 2, effective July 27, 2007, added subsection (a1). Session Laws 2008-160, s. 2, effective August 3, 2008, inserted "or Trailer Frames" on the list of commodities in subsection (b). Session Laws 2009-376, ss. 7 and 8, effective October 1, 2009, and applicable to civil penalties assessed and offenses committed on or after that date, in subsection (d), in the introductory language, substituted "shall assess" for "may assess"; added present subdivision (d)(1); redesignated former subdivision (d)(1) as subdivision (d)(1a), deleted "or failing to comply with the number of properly certified escort vehicles required" from the end, and made a related change; in the last paragraph, substituted "subdivision (1), (1a), or (2)" for "subdivision (1) or (2)" in the first sentence, and deleted the former last two sentences, which read: "In addition to the penalties provided by this subsection, a civil penalty in accordance with G.S. 20-118(e)(1) and (3) may be assessed if a vehicle is operating without the issuance of a required permit, operating off permitted route of travel, operating without the proper number of certified escorts as determined by the actual loaded weight of the vehicle combination, fails to comply with travel restrictions of the permit, or operating with improper license. Fees assessed for permit violations under this subsection shall not exceed a maximum of twenty-five thousand dollars ($25,000)."; and added subsection (d1). Session Laws 2011-145, s. 19.1(g), effective January 1, 2012, in subsections (a1), (d), (d1), and (h), substituted "Public Safety" for "Crime Control and Public Safety." Session Laws 2011-358, s. 1, effective October 1, 2011, added subsection (b2). Session Laws 2016-90, s. 2.1(b), effective October 1, 2016, added subsection (i). Session Laws 2017-97, s. 1, effective July 12, 2017, added subsection (b3).