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