Chapter 5501:2-1 Movement of Overweight and Overdimension Vehicles

5501:2-1-01 Definitions.

As used in the movement of overweight and over dimension vehicle rules:

(A) "Applicant" means any person that applies for a permit to move an overweight and/or over dimension vehicle on the state highway system and includes any agent or permit agency that is authorized to act on behalf of such person.

(B) "Approved facility" means a point of manufacture or processing facility which can monitor the loading and weighing of a vehicle to assure compliance with the permit issued. This definition shall be effective on July 1, 2009.

(C) "Bill of lading" means a receipt or ticket for property tendered for transportation by a motor common carrier in interstate, intrastate or foreign commerce containing the following information:

(1) Names of cosignor and cosignee.

(2) Origin and destination points.

(3) Number of packages.

(4) Description of freight.

(5) Date.

(6) Weight, volume, or measurement of freight (if applicable to the rating of the freight.

(D) "Construction equipment permit" means a permit granting a special privilege which allows the unlimited number of movements of construction equipment to or from a construction worksite, not to exceed three hundred sixty-five calendar days.

(E) "Continuing permit" means any permit granting a special privilege which allows an unlimited number of movements of the same vehicle, including any approved load, axle weight, and axle spacing, between the same two specific locations over the same specified route not to exceed ninety calendar days. If issued as a steel coil continuing permit, such movement shall only originate from an approved facility.

(F) "Continuing annual permit" means any permit granting a special privilege which allows an unlimited number of movements of the same vehicle, including any approved load, axle weight, and axle spacing, between the same two specific locations over the same specified route not to exceed three hundred sixty-five calendar days. If issued as a steel coil continuing annual permit, such movement shall only originate from an approved facility.

(G) "Department" means Ohio department of transportation.

(H) "Director" means the director of the Ohio department of transportation, or the director's designee.

(I) "Emergency" means an occurrence or series of occurrences which causes, or threatens to cause, loss of life or otherwise endangers public health, safety or welfare.

(J) "Emergency permit" means any permit granted for a movement necessitated by any occurrence which causes or threatens to cause the loss of life or otherwise endangers public health, safety or welfare.

(K) "Farm equipment permit" means a permit granting a special privilege which allows the unlimited number of movements of farm machinery and equipment as specified in division (U) of section 4501.01 of the Revised Code to and from a farm or between two farm implement dealers, not to exceed three hundred sixty-five calendar days. The permitted vehicle shall be part of an over dimension vehicle whose maximum weight, length and height do not exceed the limitations specified in sections 5577.02 to 5577.05 of the Revised Code and whose width is fourteen feet or less.

(L) "Legal holiday " is any day appointed and recommended by the governor of Ohio or the president of the United States as a holiday. These shall include, all state and federal holidays, including, but are not limited to the following: New Year's day, Martin Luther King day, Washington-Lincoln day, Memorial day, Independence day, Labor day, Columbus day, Veterans day, Thanksgiving day and Christmas day. If any day designated herein falls on Sunday, the next succeeding day is a legal holiday.

(M) "Marina permit" means a permit granting a special privilege which allows the unlimited number of movements of boats to and from a point of storage, repair or launch, not to exceed three hundred sixty-five calendar days. The permitted vehicle shall be part of an over dimension vehicle whose maximum weight does not exceed the limitations specified in sections 5577.02 to 5577.04 of the Revised Code and whose width is fourteen feet or less, and whose load length is sixty-five or less, and whose overall length is seventy-five feet or less. The pick-up and delivery may not exceed a ten mile radius of state point of origin over state and U.S. highways. Movement is not authorized on fully controlled or limited access highways. Power unit may consist of an agriculture tractor or land tug. Such vehicle must have a three digit unit number clearly displayed. Maximum operating height is not to exceed four inches below the least vertical clearance for overhead obstructions on the route, but in no case shall the operating height exceed fourteen feet, six inches. Properly placed slow moving vehicle signage shall be affixed to the transporting vehicle and at least one rear escort vehicle shall accompany the load at all times.

(N) "Manufactured building permit" means a permit granting a special privilege which allows an unlimited number of movements of a manufactured building or manufactured building component, not to exceed three hundred sixty-five calendar days. The permitted vehicle shall be part of an over dimension vehicle whose maximum weight, length and height do not exceed the limitations specified in sections 5577.02 to 5577.05 of the Revised Code and whose width is twelve feet or less.

(O) "Michigan legal permit" means a permit granting a special privilege which allows an overweight vehicle for movement between a specified point in Williams, Fulton or Lucas counties in Ohio and the Michigan border, over prescribed routes. The permitted weight shall be based on the state of Michigan's weight law, with a gross vehicle weight not to exceed one hundred fifty-four thousand pounds, and shall have sufficient number of axles to meet the Michigan weight law.

(P) "Multi-State permit" means a permit granting a special privilege which allows an overweight and/or over dimension vehicle with a non-divisible load to make one move on the effective date of the permit during a ten day period between two specific points over prescribed routes with a maximum gross vehicle weight not to exceed one hundred twenty thousand pounds, a maximum overall width not to exceed fourteen feet and a maximum overall height not to exceed fourteen feet six inches. The maximum overall length not to exceed one hundred feet. Movement in Ohio must originate from or be destined to a state participating in the southeastern association of state highway and transportation officials multi-state permit program and travel under the permit must include Ohio and at least one other participating state. Such participating states are Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, Missouri, Ohio, Oklahoma, North Carolina, South Carolina, Tennessee, Texas, Virginia and West Virginia.

(Q) "Nondivisible load" means that which cannot be reduced in size or weight, or which is impractical to divide, or which cannot be so adjusted as to be within the size and weight limitations specified in sections 5577.02 to 5577.05 of the Revised Code, because to do so 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 workhours to dismantle using appropriate equipment. The applicant for nondivisible load permit has the burden of proof as to the number of workhours required to dismantle the load.

For the purposes of this rule, three or fewer steel coils, transported by a vehicle, are deemed nondivisible loads. The foregoing shall be effective on July 1, 2009.

(R) "Over dimension vehicle" means any vehicle, machinery, equipment, load, or combination thereof, which exceeds the maximum widths, heights or lengths specified in section 5577.05 of the Revised Code.

(S) "Overweight vehicle" means any vehicle, machinery, equipment, load or combination thereof, which exceeds the maximum weights specified in sections 5577.02 to 5577.04 of the Revised Code.

(T) "Overweight and/or over dimension vehicle" means any vehicle and/or load which exceeds the limitations specified in sections 5577.02 to 5577.05 of the Revised Code.

(U) "Permit" means a written document, verified and issued by the director, granting a special privilege which allows the movement of an overweight and/or over dimension vehicle, subject to the conditions and limitations specified on that document.

(V) "Permittee" means any applicant that is granted a permit under rules 5501:2-1-01 to 5501:2-1-12 of the Administrative Code.

(W) "Person" means any individual, trust, firm, joint stock company, federal agency, corporation (including government corporation), partnership, association, the state, municipality, commission, political subdivision of the state or any interstate body.

(X) "Pneumatic tires" means tires of rubber and fabric or tires of similar material, inflated with air.

(Y) "Steel coil permit" means a permit granting a special privilege which allows the movement of three or fewer steel coils with a maximum gross vehicle weight in excess of the eighty thousand pounds legal load limit, but not to exceed one hundred twenty thousand pounds, between two specific points, over prescribed routes. Such permits may be issued as a single trip, a continuing permit or annual continuing trip permit. This definition shall be effective on July 1, 2009.

(Z) "Single trip permit" means any permit granting a special privilege which allows an overweight and/or over dimension vehicle to make one move on the effective date of the permit during a five day period, between two specific points over prescribed routes.

(AA) "Single trip and return permit" means any permit granting a special privilege which allows an overweight and/or over dimension vehicle to make a movement between two specific points and returning to the origin, over prescribed routes. The return trip must take place within five days of the original movement.

(BB) "Unpermitted movement" means any movement involving a vehicle and load exceeding the weight and/or dimension limitations of sections 5577.01 to 5577.09 of the Revised Code that is made either without a permit issued pursuant to rules 5501:2-1-01 to 5501:2-1-12 of the Administrative Code or contrary to the conditions and limitations imposed by a permit issued pursuant to rules 5501:2-1-01 to 5501:2-1-12 of the Administrative Code.

(CC) "Vehicle" means every device in, upon, or by which any person or property may be transported or drawn upon a highway except devices other than bicycles moved by human power.

(DD) "Boat permit" means a permit issued for granting a special privilege which allows an unlimited number of movements of a vehicle hauling a trailer designed and used for the transportation of boats. The permitted vehicle shall be part of an over dimension vehicle whose maximum weight, length and height do not exceed the limitations specified in sections 5577.02 to 5577.05 of the Revised Code and whose width is twelve feet or less.

Effective: 06/11/2009
R.C. 119.032 review dates: 09/01/2013
Promulgated Under: 119.03
Statutory Authority: 4513.34
Rule Amplifies: 4513.34
Prior Effective Dates: 9/25/51, 9/1/82, 5/15/83, 9/8/03. 10/16/08

5501:2-1-02 Conditions for submission of permit applications.

(A) Except as otherwise provided in sections 5577.01 to 5577.09 of the Revised Code, every movement on the state highway system of a vehicle, with or without a load, whose weight and/or dimensions exceed the limitations in sections 5577.01 to 5577.09 of the Revised Code, will be illegal unless such movement is made pursuant to a permit granted under these rules.

(B) Only permit applications for non-divisible loads will be considered. Each application shall be carefully reviewed to assure that all alternatives have been considered which allow movement in a manner which insures the safety of all motorists and protects the public investment in the state highway system. Such alternatives shall include but not be limited to, movement within legal limits without a permit and movement by other transportation means. The director may waive this condition if in the director's discretion such waiver is in the best interest of the safety of the traveling public and the welfare of the transportation system.

(C) Permits will be issued for the movement of overweight or over dimension vehicles only if that vehicle or load is transported by a vehicle, trailer or semi-trailer with pneumatic tires.

Effective: 10/16/2008
R.C. 119.032 review dates: 07/09/2008 and 09/01/2013
Promulgated Under: 119.03
Statutory Authority: 5501.02
Rule Amplifies: 4513.34
Prior Effective Dates: 9/1/82, 5/15/83, 9/8/03

5501:2-1-03 Permit application procedure.

(A) A written or on-line application must be submitted for all permits. The permit application shall be in the form prescribed by the director.

(B) For the purpose of understanding the normal and expected damage caused by continuing permits on the maintenance of the state highway system, the director shall request a permit applicant to disclose the information set forth in paragraph (C) of this rule. The director shall strive to require the minimum amount of information necessary to administer this rule so that it would impose the least burden and cost to the permit applicant.

(C) The applicant shall provide an accurate and complete description of the vehicle and load to be moved and proposed routing thereof. The information shall include all physical dimensions, axle weights and the gross vehicle weight. Inaccurate or otherwise incomplete applications may result in a delay or denial of the issuance of a permit. Failure to propose a specific route on the application or failure of the proposed routing to accommodate the load shall result in the assignment of the best available route as determined by the director. If applying for a continuing permit, the applicant shall provide the estimated number of movements to be made on the continuing permit. The applicant shall provide an interim report, to the director, within forty-five days of the effective date of the permit, certifying the actual number of trips traveled under authority of such permit. Upon the expiration of the permit, the applicant shall submit a final report to the director certifying the total numbers of trips made on the continuing permit. Should a permit be voided, the permittee shall submit a report to the director, certifying the actual number of trips for the time period in which the permit was effective. The certification report shall include the actual gross vehicle weight and number of coils transported for each trip. The certification shall be submitted to the director within seven business days of the permit expiration or void date. Certification reports shall be submitted to the special hauling permits section of the department of transportation.

(D) In accordance with the department's policy regarding common sense business regulation paperwork violations, if an applicant submits an incomplete or untimely certification report, the department shall send a letter to the applicant requesting correction of any errors, inaccuracies or omissions, or shall request submission of a timely report in the future. This letter shall provide the applicant with an opportunity to cure any such error, inaccuracy, or omission within a reasonable amount of time and shall waive any penalty for first time violations. Repeated errors, inaccuracies, or omissions, or failure to submit timely certification reports occurring after receipt of the first correction letter, may be cause for denial of a permit as set forth in paragraphs (H) and (I) of this rule.

In the event that the applicant provides information that it considers to be a trade secret, the department shall not share with, or convey to, any person (including any state employee) or governmental agency any information provided by the applicant, unless disclosure is required by law or the applicant gives prior written approval for such disclosure. The department agrees to keep all the trade secret information it may acquire concerning the applicant's commercial activity in confidence and use that information only in connection with the business purposes of the department. To determine what qualifies as trade secret information, refer to the definition of trade secret in division (D) of section 1333.61 of the Revised Code. Notwithstanding any provision of this rule to the contrary, in the event the department is required to disclose any information the applicant considers a trade secret pursuant to applicable law, prior to disclosing such information, the department shall notify applicant in writing. The department shall use reasonable efforts to give notice of disclosure at least three days in advance of release. At the applicant's request, the department shall return trade secret information to the applicant subject, however, to the record retention requirements imposed on the department by state law. The department shall not be obligated to maintain in confidence any information that is not a trade secret including information that (1) is already known by the state, or (2) is or comes into the public domain through no fault of the state, or (3) is independently developed by the state, or (4) comes to the state from a third party in a manner not in violation of any obligation of confidentiality by such third party to the applicant. State law generally requires that documents which contain both confidential/trade secret and non-confidential information be disclosed with confidential information redacted.

(E) Where filed.

(1) Permit applications may be submitted by completing an on-line application, by mail or in person by the applicant or his agent to the following address:

"Special Hauling Permits Section

Ohio Department of Transportation

1610 West Broad Street

Columbus, Ohio 43223"

(614) 351-2300

(2) Permit applications may be submitted in person to any of the department's twelve field offices for processing by the special hauling permits section in Columbus. The address of each field office is listed in appendix A to this rule.

(3) Alternatively, permit applications may be submitted on-line by accessing the application linked to the "Permits/Special Hauling" link under alphabetical office listings of the Ohio department of transportation's home page on the world wide web at www.dot.state.oh.us.

All permit applications must be signed by the applicant or their duly authorized representative or signed on-line by electronic signature. Permit applicants, or their agent, submitting on-line shall first complete form OS-7 available on-line at www.dot.state.oh.us/permits or in person by contacting the special hauling permit section. Thereafter, the permit applicant, or their agent, is assigned a user name and generic password for that entity. The permit applicant, or their agent, will adapt the generic password by creating a unique password which will serve as the permit applicant's electronic signature.

(4) The number of permits submitted by mail or in person may be limited at the discretion of the director or the director's designee.

(F) Applications for permits must be accompanied by the fees designated in rule 5501:2-1-10 of the Administrative Code, except as provided therein for advanced payments. Applications without accompanying fees may result in delay or denial of the issuance of the permit. Fees are waived for federal, state, local governments, and political subdivisions.

(G) Applications shall be preceded by an insurance policy endorsement in the amounts specified in rule 5501:2-1-10 of the Administrative Code unless a current endorsement is already on file with the special hauling permits section. This requirement is waived for federal, state, local governments and political subdivisions. In no case will a permit be issued for a duration which extends beyond the expiration date of any policy of insurance provided as evidence of financial responsibility. A surety bond in the same amounts may be submitted in lieu of the insurance policy endorsement. The manner and form of submission are as follows:

(1) Such endorsement must be on the form prescribed and furnished by the special hauling permits section to the applicant upon his request. This endorsement may be cancelled without cancelling the policy to which it is attached. Such cancellation may be effected by the insuring agency or the insured giving thirty days' notice in writing to the department, such thirty days' notice to commence to run from the date the notice is actually received in the special hauling permits section. Cancellation of the insurance policy to which the endorsement is attached will be effective as a cancellation of the endorsement and the thirty-day notice requirement must be met.

(2) Such bond must be on the form prescribed and furnished by the special hauling permits section to the applicant upon request. Written confirmation of a bond being executed will be accepted from the surety, pending the receipt of the properly-executed bond form, if the written confirmation is signed by a duly authorized representative of the surety signing in his official capacity. Such bonds are continuous and remain in force until written notice of cancellation is received by the special hauling permits section from the surety. Such cancellation shall take effect thirty days after the notice of cancellation is received.

(H) Prior to the issuance or denial of any permit, the director may schedule a meeting to which the applicant will be invited to present evidence showing cause why the requested permit should be issued. If such a meeting is scheduled, the applicant may be represented by counsel.

(I) The director may issue a permit or may deny the issuance of a permit. If a permit is denied, notice of such denial will be sent by electronic means of transmission to the applicant unless requested otherwise. All rights of appeal for the applicant denied a permit to move overweight and/or over dimension vehicles are described in rule 5501:2-1-12 of the Administrative Code. If a permit is issued, it shall be sent to the applicant or their legal agent by electronic transmission, in person, by first class mail, or as otherwise requested by the applicant.

Effective: 10/16/2008
R.C. 119.032 review dates: 07/09/2008 and 09/01/2013
Promulgated Under: 119.03
Statutory Authority: 5501.02
Rule Amplifies: 4513.34
Prior Effective Dates: 9/1/82, 5/15/83, 9/8/03

5501:2-1-04 Continuing permit application procedure.

The permit application procedures described in rule 5501:2-1-03 of the Administrative Code are fully applicable to continuing permit applications.

R.C. 119.032 review dates: 07/10/2008 and 07/01/2013

Promulgated Under: 119.03

Statutory Authority: 5501.02

Rule Amplifies: 4513.34

Prior Effective Dates: 9/25/51, 9/1/82

5501:2-1-05 Construction equipment, farm, boat and manufactured building permit application procedure.

The permit application procedures described in rule 5501:2-1-03 of the Administrative Code are fully applicable to construction equipment, farm, boat and manufactured building permit applications. The exception is that the application shall omit the origin, destination and route.

Effective: 06/11/2009
R.C. 119.032 review dates: 07/01/2013
Promulgated Under: 119.03
Statutory Authority: 4513.34
Rule Amplifies: 4513.34
Prior Effective Dates: 5/15/83, 9/8/03

5501:2-1-07 Emergency permit application procedure.

The permit application procedures described in rule 5501:2-1-03 of the Administrative Code are fully applicable to emergency permit applications except that the permit application may be made by telephone and the permit, if granted, may be granted orally. If permission to make the emergency movement is granted orally, then a written application describing the movement and the required fee must be submitted on the next business day.

R.C. 119.032 review dates: 07/10/2008 and 07/01/2013

Promulgated Under: 119.03

Statutory Authority: 5501.02

Rule Amplifies: 4513.34

Prior Effective Dates: 9/25/51, 9/1/82

5501:2-1-08 Limitations on permits.

(A) The permit shall be in the possession of the driver at all times during the permitted movement and must be shown on demand to any law enforcement officer or employee of the Ohio state highway patrol, or any employee of the Ohio department of transportation. A facsimile of a valid permit or a retransmission thereof, may be carried by a driver in lieu of the original valid permit. It shall be the responsibility of the driver to obtain verification of the original issuance of a validated permit to which the facsimile refers if such verification is requested by any law enforcement officer or load limit inspector of the Ohio state highway patrol or any employee of the Ohio department of transportation. The permit, any facsimile or retransmission, shall be clearly legible, free of any markings, writing, symbol, logo, letterhead, characters or inscriptions that are not part of the permit as transmitted by the department. An additional tele-facsimile header is allowed. Verification shall be by the production of the valid permit itself or the written or oral confirmation of the special hauling permits section that the referenced permit is valid.

(B) Duration of permits shall be as follows:

(1) Construction equipment permit shall not exceed three hundred sixty-five calendar days;

(2) Farm equipment permit shall not exceed three hundred sixty-five calendar days;

(3) Manufactured building permit shall not exceed three hundred sixty-five calendar days;

(4) Marina permit shall not exceed three hundred sixty-five calendar days;

(5) Continuing permit shall not exceed ninety calendar days;

(6) Continuing and return permit shall not exceed ninety calendar days;

(7) Michigan legal weight permit shall not exceed ninety calendar days;

(8) Steel coil continuing permit shall not exceed ninety calendar days;

(9) Single trip permit shall not exceed five calendar days;

(10) Single trip and return permit shall not exceed five calendar days;

(11) Steel coil single trip permit shall not exceed five calendar days;

(12) Emergency single trip permit shall not exceed one calendar day;

(13) Emergency single trip and return permit shall not exceed three calendar days;

(14) Boat permit shall not exceed three hundred sixty-five calendar days;

In no case shall a permit be issued for a duration which extends beyond the expiration date of any insurance policy or endorsement provided as evidence of financial responsibility.

(C) It is the intention of the department to offer, no later than July 1, 2009, continuing annual permits after completion of a report that better informs the department of the impacts and use of continuing permits upon the state highway system.

(D) Extension of the duration of any previously-issued single or single trip and return permits may be granted in the case of movements which were unable to be started or completed due to factors beyond the control of the permittee. Requests for extensions shall be made in writing to the same office that originally entered the permit application. Such extensions shall not exceed one calendar day for a single trip permit and three calendar days for a single trip and return permit unless otherwise extended at the discretion of the director.

(E) Revisions to previously-issued permits may be granted to correct errors or to adjust the permit conditions for circumstances beyond the scope of knowledge of the applicant or the department at the time of permit issuance. Prior to the start of the permitted movement, each request for a revision other than the correction of typographical errors shall be in writing to the same office that originally issued the permit. Following the start of the permitted movement, requests for revisions may be submitted orally where a change in the authorized route is necessitated by road closures, traffic accidents or similar unforeseen circumstances, or where a substitution of equivalent towing units is necessitated by mechanical breakdown or other similar circumstance which precludes its use for the completion of the movement. Revisions will not be granted to change the name of permittee, alter the description of the load, change the origin or destination of the movement, or alter a permit that has been violated.

Effective: 06/11/2009
R.C. 119.032 review dates: 09/01/2013
Promulgated Under: 119.03
Statutory Authority: 4513.34
Rule Amplifies: 4513.34
Prior Effective Dates: 5/15/83, 9/1/82, 9/8/03,10/16/08

5501:2-1-09 Conditions on permitted movements.

(A) Unless otherwise provided in the permit, no movements except emergency movements shall be made at night (between the hours of sunset to sunrise) or from twelve noon of the day preceding and continuing until sunrise of the day following all national holidays and national holiday weekends or any other day or weekend as designated by the director.

(B) All movements shall be made at such speeds and in such manner so as to conform to the posted speed limits unless otherwise provided in the permit.

(C) No movements under permits shall be made during adverse weather and/or road conditions, such as storms, slippery or snow-covered roads, thick fog or other conditions restricting visibility. The director may waive this condition if in his discretion such waiver is in the best interest and welfare of the public.

(D) No vehicle or load operating under a permit shall be parked upon the highway or shoulder at any time, except as directed by a law enforcement officer, an authorized employee of the department, or in the event of a mechanical failure or traffic accident necessitating such stopping, in which case adequate protection shall immediately be provided for the traveling public.

(E) Every vehicle operating under a permit shall maintain sufficient space, whenever conditions permit, between such vehicle and another vehicle ahead so that an overtaking motor vehicle may enter and occupy such space without danger.

(F) Every vehicle operating under a permit shall, when traveling on freeways, expressways, or multi-lane undivided highways, remain in the extreme right-hand lane of said highway except as necessary to maintain continuous through movement, to make left turns or exits, or to pass other vehicles. Overwidth vehicles shall not pass other vehicles traveling in the same direction.

(G) Flags and/or flag persons may be required at the discretion of the director. If the director determines that flags and/or flag persons are necessary, these requirements will be specified on the permit. Such flags and/or flag persons shall then conform to the following specifications:

(1) All flags shall be clean, bright solid red or orange in color, and at least eighteen inches square. They shall be displayed on all four corners of all overwidth vehicles or loads and at the extreme ends of all protrusions, projections, or overhangs.

(2) A flag person shall be equipped with a flag and a bright lime green or orange upper outer garment, such as a safety vest. Such person shall be familiar with proper flagging procedures and be responsible for directing traffic, through proper use of the flag and hand signals as described in the "Ohio Manual of Uniform Traffic Control Devices," at all locations where traffic may be obstructed, at all danger points such as narrow bridges, or when necessary to encroach upon an opposing traffic lane due to breakdown, pulling on or off the pavement, or other similar reasons.

(H) Flashing amber beacons may be required on over dimension vehicles or combinations of vehicles and loads at the discretion of and as prescribed by the director. Special vehicle lighting over and above that required by law may be prescribed by the director for emergency movements at night or during other periods of restricted visibility. If the director determines that safety lighting devices are necessary, these requirements will be specified on the permit.

(I) All over dimension vehicles, when their overall height exceeds legal maximum, length exceeds legal maximum, and width meets or exceeds ten feet, operating under permits shall display signs on the front and rear in accordance with standard sign designs as prescribed and furnished by the director.

(J) Private escorts or police escort vehicles may be required at the discretion of and as prescribed by the director. If the director determines that escort service is necessary, this requirement will be specified in the permit. Permittees may elect to utilize escorts but must advise the director of such election in advance and conform to the escort conditions prescribed by the director and the financial responsibility provisions of the Revised Code. Every person operating a private escort vehicle must be a licensed driver who is also capable of performing the duties of a flag person as described in paragraph (G)(2) of this rule.

(K) The operator or driver of any over dimension or overweight vehicle operating under a permit shall strictly adhere to the routing specified in the permit and shall not deviate therefrom except as authorized by the director for unforeseen conditions that preclude the use of specified routing. He shall also comply with all traffic laws governing the movement of traffic in general.

(L) The permit may specify additional limitations that the director determines to be necessary for the protection of pavements or structures or that the director determines to be necessary for the safety of the motoring public.

Effective: 10/16/2008
R.C. 119.032 review dates: 07/09/2008 and 09/01/2013
Promulgated Under: 119.03
Statutory Authority: 5501.02
Rule Amplifies: 4513.34
Prior Effective Dates: 9/25/51, 9/1/82, 5/15/83, 9/8/03

5501:2-1-10 Schedule of fees and payment procedure.

(A) Permits are generally issued for one-way movements and the application processing fee is based on one-way movements. The application processing fee consists of the basic processing charge plus each unit of surcharge that is applicable to that movement. The application fee for one-way movements is as follows:

(1) Basic processing charge: ten dollars

(2) Units of surcharge to be added where applicable:

(a) Overweight up to one hundred twenty thousand pounds gross vehicle weight as of effective date of rule: fifty dollars

As of March 1, 2009: eighty-seven dollars and fifty cents

As of July 1, 2009: one hundred twenty-five dollars

Return trip as of effective date of rule: twenty-six dollars

As of March 1, 2009: forty-five dollars and fifty cents

As of July 1, 2009: sixty-five dollars

(b) Overweight exceeding one hundred twenty thousand gross vehicle weight as of effective date of rule: fifty dollars plus four cents per ton, over sixty tons, per mile traveled

As of March 1, 2009: eighty-seven dollars and fifty cents plus four cents per ton, over sixty tons, per mile traveled

As of July 1, 2009: one hundred twenty-five dollars plus four cents per ton, over sixty tons, per mile traveled

Return trip as of effective date: twenty-six dollars plus four cents per ton, over sixty tons, per mile traveled

As of March 1, 2009: forty-five dollars and fifty cents plus four cents per ton, over sixty tons, per mile traveled

As of July 1, 2009: sixty-five dollars plus four cents per ton, over sixty tons, per mile traveled

(c) Overall width up to fourteen feet and/or overall height up to fourteen feet six inches as of effective date of rule: twenty-two dollars

As of March 1, 2009: thirty-eight dollars and fifty cents

As of July 1, 2009: fifty-five dollars

Return trip as of effective date of rule: fourteen dollars

As of March 1, 2009: twenty-four dollars and fifty cents

As of July 1, 2009: thirty-five dollars

(d) Overall width in excess of fourteen feet and/or overall height in excess of fourteen feet, six inches as of effective date of rule: fifty dollars

As of March 1, 2009: eighty-seven dollars and fifty cents

As of July 1, 2009: one hundred twenty-five dollars

Return trip as of effective date of rule: twenty-six dollars

As of March 1, 2009: forty-five dollars and fifty cents

As of July 1, 2009: sixty-five dollars

(e) Multi-state permit, overweight up to one hundred twenty thousand pounds gross vehicle weight as of effective date of rule: fifty dollars

As of March 1, 2009: eighty-seven dollars and fifty cents

As of July 1, 2009: one hundred twenty-five dollars

(f) Multi-state permit, overall width up to fourteen feet and overall height up to fourteen feet, six inches as of effective date of rule: twenty-two dollars

As of March 1, 2009: thirty-eight dollars and fifty cents

As of July 1, 2009: fifty-five dollars

(g) Emergency trip: As of effective date of rule: ninety-six dollars

As of March 1, 2009: one hundred sixty-eight dollars

As of July 1, 2009: two hundred forty dollars

Return trip as of the effective date of rule: forty-six dollars

As of March 1, 2009: eighty dollars and fifty cents

As of July 1, 2009: one hundred fifteen dollars

(h) Steel coil single trip permit as of effective date of rule: twenty-two dollars

As of March 1, 2009: thirty-eight dollars and fifty cents

As of July 1, 2009: fifty-five dollars

(i) Permit revision fee: ten dollars

In addition to the basic revision fee, if the revision is to a permit under paragraph (A)(2)(b) or (A)(2)(d) of this rule, the additional fee is forty dollars.

(B) If a movement is both overweight and over width and/or over height, only the basic processing fee as set forth in paragraph (A)(1) of this rule and the overweight surcharge set forth in paragraph (A)(2)(a) or (A)(2)(b) of this rule is applicable to the movement.

(C) In accordance with paragraph (F) of rule 5501:2-1-03 of the Administrative Code, the basic processing charge and units of surcharge fees are waived for federal, state, local governments, and political subdivisions. If the overweight and over width and/or overheight movement is in conjunction with a bona fide public construction project for any federal, state, local governments or political subdivision, the applicable unit of surcharge will be waived by the department for a qualifying permit applicant.

(D) Continuing permits are only issued for repeated movements of the same vehicle, including any approved load and axle spacing, over the same routing between the same two locations. The total application processing fee consists of the basic processing charge plus each unit of surcharge that is applicable to that movement. The application fee for continuing permits is as follows:

(1) Basic processing charge: ten dollars

(2) Units of surcharge to be added where applicable:

(a) Overweight up to one hundred twenty thousand pounds gross vehicle weight as of effective date of rule: one hundred ninety-six dollars

As of March 1, 2009: three hundred forty-three dollars

As of July 1, 2009: four hundred ninety dollars

Return trip as of effective date of rule: one hundred dollars

As of March 1, 2009: one hundred seventy-five dollars

As of July 1, 2009: two hundred fifty dollars

(b) Overweight exceeding one hundred twenty thousand pounds gross vehicle weight as of effective date of rule: one hundred ninety-six dollars plus four cents per ton, over sixty tons, per mile traveled

As of March 1, 2009: three hundred forty-three dollars plus four cents per ton, over sixty tons, per mile traveled

As of July 1, 2009: four hundred ninety dollars plus four cents per ton, over sixty tons, per mile traveled

Return trip as of effective date of rule: one hundred dollars plus four cents per ton, over sixty tons, per mile traveled

As of March 1, 2009: one hundred seventy-five dollars plus four cents per ton, over sixty tons, per mile traveled

As of July 1, 2009: two hundred fifty dollars plus four cents per ton, over sixty tons, per mile traveled

(c) Overall width up to fourteen feet and/or overall height up to fourteen feet six inches as of effective date of rule: ninety-six dollars

As of March 1, 2009: one hundred sixty-eight dollars

As of July 1, 2009: two hundred forty dollars

Return trip as of effective date of rule: fifty dollars

As of March 1, 2009: eighty-seven dollars and fifty cents

As of July 1, 2009: one hundred twenty-five dollars

(d) Steel coil continuing trip permit as of effective date of rule: forty-six dollars

As of March 1, 2009: eighty dollars and fifty cents

As of July 1, 2009: one hundred fifteen dollars

(e) Permit revision fee: ten dollars

In addition to the basic revision fee, if the revision is to a permit under paragraph (A)(2)(b) or (A)(2)(d) of this rule, the additional fee is forty dollars.

(E) If a movement is both overweight and over width and/or over height, only the basic processing fee as set forth in paragraph (C)(1) of this rule and the overweight surcharge set forth in paragraph (C)(2)(a) or (C)(2)(b) of this rule is applicable to the movement.

(F) In accordance with paragraph (F) of rule 5501:2-1-03 of the Administrative Code, the basic processing charge and units of charge fees for continuing permits are waived for federal, state, local governments, and political subdivisions. If the overweight and over width and/or overheight movement is in conjunction with a bona fide public construction project for any federal, state, local governments or political subdivision, the applicable unit of surcharge for a continuing permit will be waived by the department for a qualifying permit applicant.

(G) Construction equipment permit application processing fee.

Construction equipment permits are only issued for repeated movements of the same vehicle, including trailer and/or equipment or machinery, whose width does not exceed twelve feet and whose weight, length and height do not exceed the limitations of sections 5577.02 to 5577.05 of the Revised Code. The total application processing fee consists of the basic processing charge only. Therefore, the application processing fee for construction equipment permits is fee as of effective date of rule: forty dollars.

As of March 1, 2009: seventy dollars

As of July 1, 2009: one hundred dollars

(H) Farm equipment permit application processing fee. Farm equipment permits are issued for the unlimited number of movements of farm machinery and equipment to or from a farm or between two farm implement dealers. The farm equipment shall be part of an over-dimension vehicle whose maximum weight, length and height do not exceed the limitations specified in sections 5577.02 to 5577.05 of the Revised Code and whose width is fourteen feet or less. The application processing fee for farm equipment permits is fee as of effective date of rule: forty dollars.

As of March 1, 2009: seventy dollars

As of July 1, 2009: one hundred dollars

(I) Manufactured building permit application processing fee. Manufactured building permits are issued for an unlimited number of movements of a manufactured building or manufactured building component. The manufactured building shall be part of an over dimension vehicle whose maximum weight, length, and height do not exceed the limitations specified in sections 5577.02 to 5577.05 of the Revised Code. The application processing fee for manufactured building permits is as of effective date of rule: forty dollars.

As of March 1, 2009: seventy dollars

As of July 1, 2009: one hundred dollars

(J) Marina permit is issued for the unlimited number of movements of boats to and from a point of storage, repair or launch, not to exceed three hundred sixty-five calendar days. The permitted vehicle shall be part of an over dimension vehicle whose maximum weight does not exceed the limitations specified in sections 5577.02 to 5577.04 of the Revised Code and whose width is fourteen feet or less, and whose load length is sixty-five or less, and whose overall length is seventy-five feet or less. The pick-up and delivery may not exceed a ten mile radius of state point of origin over state and U.S. highways. Movement is not authorized on fully controlled or limited access highways. Power unit may consist of an agriculture tractor or land tug. Such vehicle must have a three digit unit number clearly displayed. Maximum operating height is not to exceed four inches below the least vertical clearance for overhead obstructions on the route, but in no case shall the operating height exceed fourteen feet, six inches. The permit fee for marina permits is as of effective date of rule: forty dollars

As of March 1, 2009: seventy dollars

As of July 1, 2009: one hundred dollars

(K) Michigan legal permit is issued for an overweight vehicle for movement between a specified point in Williams, Fulton or Lucas counties in Ohio and the Michigan border, over prescribed routes. The permitted weight shall be based on the state of Michigan's weight law, with a gross vehicle weight not to exceed one hundred fifty-four thousand pounds, and shall have sufficient number of axles to meet the Michigan weight law. For a vehicle up to one hundred twenty thousand pounds gross vehicle weight, the application processing fee for a ninety day permit shall be one hundred twenty-five which consists of the basic processing charge of ten dollars and a surcharge of one hundred fifteen dollars. For a vehicle exceedingone hundred twenty thousand pounds gross vehicle weight, the application processing fee for a ninety day permit shall be one hundred sixty-five dollars which consists of the basic processing charge of ten dollars and a surcharge of one hundred fifty-five dollars.

(L) Boat permit is issued for a vehicle hauling a trailer designed and used for the transportation of boats. The permitted vehicle shall be part of an over dimension vehicle whose maximum weight, length and height do not exceed the limitations specified in sections 5577.02 to 5577.05 of the Revised Code and whose width is twelve feet or less. Vehicles used to haul an oversize load must meet all safety and operational requirements of the state of Ohio, must be capable of safely handling the load and must be able to maintain minimum speeds. The application processing fee for boat permits is one hundred dollars.

(M) If the movement will require special work by the department such as special traffic control or special engineering analysis, the applicant will be responsible for the reimbursement of the total direct costs incurred by the department in the performance of such special work. The director will estimate the total direct costs to be incurred by the department and the applicant shall deposit this amount with the department in the form of cash, check, or money order prior to the performance of such work by the department. If the special work is not performed, the entire deposit will be returned to the applicant. If the work is performed and the total direct cost is less than the amount on deposit, then any excess will be returned to the applicant. If the work is performed and the total direct cost is greater than the amount on deposit, then the applicant will be billed for the deficiency. This fee for special work is in addition to the permit fees specified in this rule.

(N) The minimum liability insurance or the surety bond that each applicant must obtain as evidence of financial responsibility under paragraph (D) of rule 5501:2-1-02 of the Administrative Code shall be five hundred thousand dollars. In the event that the director determines that the risk to the transportation system exceeds these minimum amounts, he may increase the required level of financial responsibility required under this rule to that amount which he determines to be sufficient to meet the increased level of risk.

(O) The procedure for payment of permit fees is as follows:

(1) Direct payment may be made by cash, credit card, check or money order.

Checks and money orders must be made payable to the treasurer of state, c/o Ohio department of transportation. At the discretion of the director, a third party processor service may be utilized for credit card transactions.

(2) An advance payment account may be established by depositing with the special hauling permits section in Columbus an amount sufficient to cover estimated fees for up to a six-month period. The deposit should be made by check or money order, made payable to the treasurer of state, c/o Ohio department of transportation. As permits are issued, the actual fees will be deducted from the account, with the current balance accessible through the department's internet based permit system. The balance in the account will be returned to the depositor along with a record of fee payments upon his request or if the account remains inactive for a period of six months.

(P). Requests for the refunding of the permit application processing fees specified in paragraph (A), (B), (C) or (D) of this rule shall be made to the director in writing by the person who signed the original application. This request must state the justification for the refund. Refunds will not be granted for any cause arising from applicant error in completing and submitting the application. Refunds will be granted where the department was in error or where a permit could not be granted for the sole reason that an acceptable route for the requested movement could not be determined.

Effective: 06/11/2009
R.C. 119.032 review dates: 09/01/2013
Promulgated Under: 119.03
Statutory Authority: 4513.34
Rule Amplifies: 4513.34
Prior Effective Dates: 9/1/82, 5/15/83, 9/8/03, 10/16/08, 3/23/09

5501:2-1-11 Penalties for permit violation.

(A) Criminal liability. Any unpermitted movement will subject the person making the movement to the criminal liability imposed under section 5577.99 of the Revised Code for the penalties described therein.

(B) Civil liability. Any unpermitted movement resulting in damage to the roadway and/or structures thereon will subject the person making the movement to the civil liability imposed under section 5577.12 of the Revised Code for the full amount of the damage caused.

R.C. 119.032 review dates: 07/10/2008 and 07/01/2013

Promulgated Under: 119.03

Statutory Authority: 5501.02

Rule Amplifies: 4513.34

Prior Effective Dates: 9/1/82, 5/15/83, 9/8/03

5501:2-1-12 Right of appeal.

(A) For thirty days following notification of the denial of an application for a permit, the person so notified has the right to request a formal hearing before the director, or a representative designated by the director, for the purpose of showing cause as to why the permit should be issued. If a formal hearing is requested, the director will set the date, time and place for such hearing and so notify the person requesting the appeal. The date set for the hearing shall be within fifteen days, but not earlier than seven days, after the person has requested the hearing unless otherwise agreed. A stenographic record of the testimony and other evidence presented at such hearing will not be prepared unless the person requesting the hearing also requests in writing that such record be prepared to serve as a basis for appeal from the final order of the director. If a hearing is not requested within thirty days of the notification, or if such hearing is held, the decision of the director becomes a final order.

(B) Any party adversely affected by the final order of the director under these rules may appeal from that order in the manner and with the rights prescribed under sections 119.06 to 119.13 of the Revised Code.

R.C. 119.032 review dates: 07/10/2008 and 07/01/2013

Promulgated Under: 119.03

Statutory Authority: 5501.02

Rule Amplifies: 4513.34

Prior Effective Dates: 9/1/82, 5/15/83

5501:2-1-13 Responsibilities of driver of overweight and over dimension vehicle.

Any driver of an overweight and/or over dimension vehicle, as provided in sections 5577.02 to 5577.04 of the Revised Code, shall comply with the conditions as set forth in rule 5501:2-1-09 of the Administrative Code. The driver shall, at all times, maintain in his possession throughout the duration of the permit issued:

(A) The facsimile or valid permit issued under rules 5501:2-1-01 to 5501:2-1-12 of the Administrative Code.

(B) A complete copy of the two-page state of Ohio form OS-1A, limitations/provisions on the use of a special hauling permit.

(C) A copy of the bill of lading or other document of like nature in lieu thereof, which bill or document is to accompany the shipment of goods or property so transported under the permit issued pursuant to rules 5501:2-1-01 to 5501:2-1-12 of the Administrative Code.

(1) The driver or operator of the commercial car, trailer, or semitrailer shall retain such statement of gross vehicle weight on his person, and any law enforcement officer of this state may request that such driver or operator exhibit it to him.

(2) Any law enforcement officer of this state, employee of the state highway patrol, or employee of the department of transportation, may at any time, after examining the bill of lading or statement of gross vehicle weight and determining there is reason to believe that the information contained therein is incorrect, said law enforcement officer, employee of the state highway patrol, or employee of the department of transportation, may proceed to weigh the vehicle and take appropriate action if the vehicle proves to violate rules and laws contained herein.

(3) If the name of the shipper on the bill of lading or other document of like nature does not conform to the origin depicted on the verified permit, the permit shall be rendered null and void.

(D) Paragraph (C) of this rule does not apply to farm equipment, government owned vehicles, construction equipment and boats.

Effective: 10/16/2008
R.C. 119.032 review dates: 07/09/2008 and 09/01/2013
Promulgated Under: 119.03
Statutory Authority: 5501.02
Rule Amplifies: 4513.34
Prior Effective Dates: 9/8/03

5501:2-1-14 Conditions on approved facility.

(A) Any manufacture or steel coil processing site may request to be designated as an approved facility for the purposes of shipping steel coils.

(B) Every site making a request to be an approved facility shall send a letter to the department of transportation stating such request. Additionally, the site must document in its request that it has a scale facility capable of weighing each vehicle loaded with steel coils and has policies, procedures and practices in place to assure that the vehicle is in compliance with the conditions and limitations of the special hauling permit issued for the movement.

(C) Any approved facility may have its approved facility designation suspended or revoked for cause.

(D) This rule shall be effective on July 1, 2009.

Effective: 10/16/2008
R.C. 119.032 review dates: 09/01/2013
Promulgated Under: 119.03
Statutory Authority: 5501.02
Rule Amplifies: 4513.34

5501:2-1-15 Continuing annual permit.

(A) The definition of continuing annual permit set forth in paragraph (F) of rule 5501:2-1-01 of the Administrative Code shall apply to permits issued under this rule. The permit application procedures set forth in paragraphs (A), (E), (F), (G), (H) and (I) of rule 5501:2-1-03 of the Administrative Code shall apply to continuing annual permit applications.

(B) The applicant for a continuing annual permit shall provide an accurate and complete description of the vehicle and load to be moved and proposed routing thereof. The information shall include all physical dimensions, axle weights and the gross vehicle weight. Inaccurate or otherwise incomplete applications may result in a delay or denial of the issuance of a permit. Failure to propose a specific route on the application or failure of the proposed routing to accommodate the load shall result in the assignment of the best available route as determined by the director or their designee.

(C) At the time of the application, the applicant shall provide an estimated number of movements to be made on the continuing annual permit. After issuance of a continuing annual permit, the applicant shall provide a quarterly report to the director certifying the actual number of permitted movements made under authority of the issued permit. Such reports shall be submitted on April fifteenth for the quarter ending March thirty-first, on July fifteenth for the quarter ending June thirtieth, on October fifteenth for the quarter ending September thirtieth and on January fifteenth for the quarter ending December thirty-first of each year. The quarterly certification report shall be on the form prescribed by the director and shall be submitted for each permit. Reports for permits issued during the quarter shall reflect the number of permitted movements made from the date of issuance to the end of the quarter. Upon the expiration of the permit, the applicant shall submit a final report to the director certifying the total numbers of movements made on the continuing annual permit. If a report is submitted for a steel coil continuing annual permit, the report shall include the number of coils transported for each movement. Certification reports shall be submitted to the special hauling permits section of the department of transportation. Should a permit be voided, the permittee shall submit a report to the director certifying the actual number of movements for the time period in which the permit was effective. All certification reports shall be submitted to the director within seven business days of the permit expiration or void date.

(D) In accordance with the department's policy regarding common sense business regulation paperwork violations, if an applicant submits an incomplete or untimely certification report, the department shall send a letter to the applicant requesting correction of any errors, inaccuracies or omissions, or shall request submission of a timely report in the future. This letter shall provide the applicant with an opportunity to cure any such error, inaccuracy, or omission within a reasonable amount of time and shall waive any penalty for first time violations. Repeated errors, inaccuracies, or omissions, or failure to submit timely certification reports occurring after receipt of the first correction letter, may be cause for denial of any future permits as set forth in paragraphs (H) and (I) of rule 5501:2-1-03 of the Administrative Code.

(E) In the event that the applicant provides information that it considers to be a trade secret, the department shall not share with, or convey to, any person (including any state employee) or governmental agency any information provided by the applicant, unless disclosure is required by law or the applicant gives prior written approval for such disclosure. The department agrees to keep all the trade secret information it may acquire concerning the applicant's commercial activity in confidence and use that information only in connection with the business purposes of the department. To determine what qualifies as trade secret information, refer to the definition of trade secret in division (D) of section 1333.61 of the Revised Code. Notwithstanding any provision of this rule to the contrary, in the event the department is required to disclose any information the applicant considers a trade secret pursuant to applicable law, prior to disclosing such information, the department shall notify applicant in writing. The department shall use reasonable efforts to give notice of disclosure at least three days in advance of release. At the applicant's request, the department shall return trade secret information to the applicant subject, however, to the record retention requirements imposed on the department by state law. The department shall not be obligated to maintain in confidence any information that is not a trade secret including information that (1) is already known by the state, or (2) is or comes into the public domain through no fault of the state, or (3) is independently developed by the state, or (4) comes to the state from a third party in a manner not in violation of any obligation of confidentiality by such third party to the applicant. State law generally requires that documents which contain both confidential/trade secret and non-confidential information be disclosed with confidential information redacted.

(F) Unless otherwise approved by the director, a continuing annual permit shall be issued only for repeated movements of the same vehicle, including any approved load and axle spacing, over the same routing between the same two locations. The total application processing fee consists of the basic processing charge plus each unit of surcharge that is applicable to that movement. The application fee for continuing annual permits is as follows:

(1) Basic processing charge: ten dollars

(2) Units of surcharge to be added where applicable:

(a) Overweight up to one hundred twenty thousand pounds gross vehicle weight as of effective date of rule: one thousand nine hundred sixty dollars. Return trip as of effective date of rule: one thousand dollars.

(b) Overweight exceeding one hundred twenty thousand pounds gross vehicle weight as of effective date of rule: one thousand nine hundred sixty dollars plus four cents per ton, over sixty tons, per mile traveled. Return trip as of effective date of rule: one thousand dollars plus four cents per ton, over sixty tons, per mile traveled.

(c) Overall width up to fourteen feet and/or overall height up to fourteen feet six inches as of effective date of rule: nine hundred sixty dollars. Return trip as of effective date of rule: two hundred dollars

(d) Steel coil permit as of effective date of rule: four hundred sixty dollars.

(e) Michigan legal permit as of the effective date of rule shall be as follows:

(i) For a vehicle up to one-hundred twenty thousand pounds gross vehicle weight, as of effective date of rule: four hundred sixty dollars.

(ii) For a vehicle exceeding one-hundred twenty thousand pounds gross vehicle weight, as of effective date of rule: six hundred twenty dollars.

(f) Permit revision fee: ten dollars

(G) In accordance with paragraph (F) of rule 5501:2-1-03 of the Administrative Code, any basic processing charge and units of surcharge fees for continuing annual permits are waived for federal, state, local governments, and political subdivisions. If the overweight and over width and/or overheight movement is in conjunction with a bona fide public construction project for any federal, state, local governments or political subdivision, the applicable unit of surcharge for a continuing annual permit may be waived by the department for a qualifying permit applicant.

(H) The payment procedures set forth in paragraphs (M), (N), and (O) of rule 5501:2-1-10 of the Administrative Code shall apply to continuing annual permit applications.

Effective: 06/29/2009
R.C. 119.032 review dates: 06/29/2014
Promulgated Under: 119.03
Statutory Authority: 4513.34
Rule Amplifies: 4513.34

5501:2-1-16 Special oversize and overweight permits for sealed containerized loads.

(A) For purposes of this rule:

(1) "Sealed containerized load" means a freight container as defined by the "International Standards Organization, Series 1, Freight Containers--Classification," dimensions and ratings, ISO668-1988 [E], which may or may not have wheels.

(2) "Continuing permit" means any permit granting a special privilege which allows an unlimited number of movements of the same vehicle, including any approved load, axle weight, and axle spacing, between the same two specific locations over the same specified route for forty-five calendar days or ninety calendar days. If a continuing permit is issued pursuant to this rule, a location shall include an "Approved Ohio Intermodal facility."

(3) "Destination point" means the location where the packer's seal or U.S. customs' seal is broken.

(4) "Point of origin" means the location where the packer's seal is affixed.

(5) "Approved Ohio Intermodal facility" means a facility where sealed international containers will be transferred from a commercial motor vehicle to a rail car; barge; ship; or cargo plane.

(B) Sealed containerized cargo units that are part of international trade and moved on the highways due to exportation to another country shall qualify as a "non-divisible" load in Ohio when:

(1) The sealed container is being moved by a semi-tractor-trailer combination, qualified to do so under the provisions of this rule, from an Ohio point of origin to an approved Ohio intermodal facility with a destination point outside of the United States;

(2) The container retains throughout its transit, until reaching its point of destination, the original unbroken seal, or a replacement seal affixed by a federal or state enforcement official pursuant to an inspection of its contents; and

(3) Contents of the container will be transported intact from the point of origin to the point of destination.

(C) Unless the conditions in paragraph (B) of this rule are met, no sealed containerized load movements will be permitted for overweight loads moved by a commercial motor vehicle from one point to another within the state or from a point within the state to a point in another state.

(D) The operators of vehicles transporting sealed containerized loads under the provisions of permits issued pursuant to this rule shall at all times have on board and under their control and available for inspection a bill of lading as defined in paragraph (C) of rule 5501:2-1-01oftheAdministrative Code.

The bill of lading shall include the following readily identifiable information: consignor; point of origin; consignee; point of destination; and the number of the packer's cargo seal. The required documentation shall be in the form of a hard copy having a signature authenticating the document or a certification signed and dated or by an authorized agent of the permit holder stating that the attached document is authentic. The bill of lading may be either an original or a copy. An original document shall bear original signatures and copies shall bear original signatures unless they bear a copy of a signature made before copying

(E) All vehicles operating under this section must be of a legal width, length, and height as established in section 5577.05 of the Revised Code.

(F) Vehicles operating under a permit issued pursuant to this rule shall not exceed an overall gross vehicle weight of ninety-four thousand pounds. Vehicles operating under a permit pursuant to this rule shall not exceed:

(1) a single axle weight of twenty-nine thousand pounds;

(2) an overall tandem axle group weight of forty-two thousand pounds;

(3) an overall Tridem or quad axle group weight of sixty thousand pounds;

(G) All vehicles operating under a permit issued pursuant to this rule shall have a minimum of five full-time, load-bearing axles. All vehicles operating under a permit issued under this rule shall have an outer bridge length of fifty-one feet or greater as established in division (C) of section 5577.04 of the Revised Code. All vehicles operating under this rule shall have an inner bridge length of thirty-six feet or greater as established in division (C) of section 5577.04 of the Revised Code.

(H) Before any permit will be issued for a sealed international container, the commercial motor vehicle and route must first pass an analysis conducted by the department.

(I) No provisions of this rule shall apply to the transport of hazardous materials. As used in this section, "hazardous material" means any material that is designated as such under the "Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C. 5101 to 49 U.S.C. 5128, and regulations adopted under it.

(J) Pursuant to rules 5501:2-1-03 and 5501:2-1-15 of the Administrative Code, the department shall not share with, or convey to, any person(including any state employee) or governmental agency any information provided by the applicant, unless disclosure is required by law or the applicant gives prior written approval for such disclosure. The department agrees to keep all the trade secret information it may acquire concerning the applicant's commercial activity in confidence and use that information only in connection with the business purposes of the department.

(K) Permits for sealed international container movements shall be limited to continuing permits.

(1) If applying for a forty-five day permit, the applicant shall provide an estimated number of movements to be made on the continuing permit. Upon the expiration of the permit, the applicant shall submit a final report to the director certifying the total numbers of trips made on the continuing permit.

(2) If applying for a ninety day permit, the applicant shall provide an estimated number of movements to be made on the continuing permit. An interim report, to the director, shall be submitted within forty-five days of the effective date of the permit, certifying the actual number of trips traveled under authority of such permit. Upon the expiration of the permit, the applicant shall submit a final report to the director certifying the total numbers of trips made on the continuing permit.

Should a permit be voided, the holder of the voided permit shall submit a report to the director, certifying the actual number of trips for the time period in which the permit was effective. The certification report shall include the permit number, actual gross vehicle weight, axle weights, axle group weights and the international container's seal number for each trip. The certification shall be submitted to the director within seven business days of the permit expiration or void date. Certification reports shall be submitted to the special hauling permits section of the department of transportation in the format designed by the director.

(L) Sealed international container movement permits with a forty-five day duration shall cost two hundred fifty dollars (including a basic processing fee). A permit for a maximum duration of ninety days shall cost five hundred dollars (including a basic processing fee). Permits issued pursuant to this rule are subject to an additional ten dollar fee for any permit revisions as established in paragraph (D)(2)(e) of rule 5501:2-1-10 of the Administrative Code.

(M) Any Ohio Intermodal facility may request to be designated an "Approved Ohio Intermodal facility." Every facility making a request to be an approved facility shall send a letter to the department stating such request. When a facility demonstrates to the director or the director's designee any verification of movement the department may require, the director or the director's designee may designate the facility as an "Approved Ohio Intermodal facility." Any approved facility may have its approved facility designation suspended or revoked for cause.

For thirty days following notification of the denial of a request or the suspension or revocation of an approval, the facility so notified has the right to request a formal hearing before the director, or a representative designated by the director, for the purpose of showing cause as to why the "Approved Ohio Intermodal facility" status should be approved or re-instated. If a formal hearing is requested, the director will set the date, time and place for such hearing and so notify the facility requesting the review. If a hearing is not requested within thirty days of the notification, the decision of the director becomes final.

Effective: 10/28/2010
R.C. 119.032 review dates: 09/01/2013
Promulgated Under: 119.03
Statutory Authority: 4513.34
Rule Amplifies: 4513.34