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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsNovember 2017

Regulatory Flexibility Act Form

Authenticated PDF Version

2 DE Admin. Code 2405
Pursuant to the authority provided by 21 Del.C. §4504, the Delaware Department of Transportation (DelDOT), adopted the Oversize/Overweight Hauling Permit Policy and Procedures Manual.
( or in writing to his attention,
Axle” means load-bearing wheels in a transverse line across the full width of a vehicle.
Axle Group” means a group of axles in which every axle is located within 8 feet of another axle.
Combination” means two or more vehicles physically interconnected in tandem.
Commercial Vehicle” means a vehicle of a type designed, used, or maintained for the transportation of persons or property for hire, compensation, or profit, except taxicabs.
Crane” means any self-propelled vehicle to which has been permanently mounted or attached any crane, whether or not such vehicle was originally a truck, tractor, or other type of motor vehicle or was designed and built as a complete crane unit. However, the word "crane," as herein defined, shall not be construed to mean any truck or other vehicle equipped with or to which has been affixed any device used for the purpose of providing a means for towing other vehicles.
Department” means the Department of Transportation of this State (DelDOT) acting directly or through its duly authorized officers and agents.
Escort” means a single unit non-permitted vehicle, no smaller than a compact car that is used to accompany a permitted vehicle. An escort vehicle can be a vehicle provided by the permittee, the Delaware State Police, or any other entity defined by the Department.
Farm Tractor” means every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines and other implements of husbandry.
Gross Weight” means the combined weight of a vehicle or combination of vehicles and its load and driver.
Highway” means the entire width between boundary lines of every way or place of whatever nature open to the use of public as a matter of right for purposes of vehicular travel, but does not include a road or driveway upon grounds owned by private persons, colleges, universities or other institutions.
Implement of Husbandry” means a vehicle designed or adapted and determined by the Department to be used exclusively for agricultural, horticultural or livestock operations and only incidentally operated or moved upon highways.
Local Authorities” means every county, municipal, and other local board or body having authority to adopt local police regulations under the Constitution and laws of this State.
Mobile Home” means a trailer designed and used exclusively for living quarters or commercial purposes that exceeds the maximum size limitations prescribed by the act for operation on a highway and is only incidentally operated on a highway.
Nondivisible Load” means a load that is incapable of being divided into parts or dismembered without substantially damaging its usefulness or value.
Oversize” means the length, width, or height of a vehicle or combination of vehicles, including the load or loads carried thereon, excluding mirrors or sunshades, which exceed the applicable maximum length, width, or height specified in Section 2 of this Manual.
Overweight Vehicle” means any vehicle having a gross weight, including load thereon, in excess of that permitted by law; including, but not limited to, a gross weight in excess of the weight for which a valid registration has been issued.
Semitrailer” means every vehicle of the trailer type so designed and used in conjunction with a motor vehicle, such that some part of its own weight and that of its own load rests upon or is carried by another vehicle. Piling and pole trailers are to be considered to fall within the meaning of this definition.
Ship Permit” means a permit that is issued for oversize and/or overweight vehicles engaged in ship offloading operations conducted at the Port of Wilmington to designated locations on designated state-maintained routes exclusive of Interstate routes within two (2) miles from the property limits of the Port of Wilmington.
Shoulder” means the portion of the highway, contiguous to the roadway, for accommodation of stopped vehicles, for emergency use and for lateral support of the roadway.
Single Axle” means an axle located over eight (8) feet from another axle.
Special Construction Equipment” means every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including but not limited to: Ditch-digging apparatus, well-boring apparatus, road construction or maintenance machinery such as asphalt spreaders, air compressors and drills, bituminous mixers, bucket loaders, tractors other than truck tractors, leveling graders, finishing machines, road rollers, scarifiers, earth-moving scrapers and carryalls, welders, power shovels and drag lines, self-propelled cranes, earth-moving equipment and construction box storage trailers (except when such trailers are used for transporting merchandise). The term does not apply to dump trucks, truck mounted transit mixers, tow trucks, or shovels or other vehicles designed for the transportation of persons or property to which machinery has been attached.
STAA” means the Surface Transportation Assistance Act.
Structure” means a bridge or culvert including supports, which spans or provides passage over or under a waterway, a railroad or other obstruction, or any other physical device designed to carry traffic control devices, including, but not limited to, overhead signs, light fixtures and traffic signals.
Sunrise” means the time designated by the National Weather Service at which the sun can first be seen on the horizon.
Sunset” means the time designated by the National Weather Service at which the sun can last be seen on the horizon.
Superload” means any vehicle and/or load is considered a SUPERLOAD when any one of the following conditions exist: fifteen (15) feet or more in width; fifteen (15) feet or more in height; one hundred twenty (120) feet or more in length; has a gross weight in excess of 120,000 pounds.
Supporting Documentation” means documents that are required to be submitted as part of the permit application process.
Trailer” means a mobile home, park trailer, travel trailer, house trailer, office trailer, camping trailer or any vehicle without motive power designed to carry property or passengers wholly on its own structure and to be drawn by a motor vehicle.
Truck Tractor” means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
Vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks except electric trackless trolley coaches, electric personal assistive mobility devices and excepting Off-Highway Vehicles (OHVs).
1) A vehicle equipped with 3 axles, having each of the 3 axles equipped with 2 hubs, with a power brake on each hub, shall not exceed a total gross weight of 65,000 lbs.; provided, however, that it shall also be lawful to operate such a vehicle to and from any construction site in this State when the total gross weight does not exceed 70,000 lbs.; and it shall also be lawful to operate such a vehicle containing agricultural products when the gross weight, including vehicle and load does not exceed 70,000 lbs.; provided further that an annual fee of $100 per vehicle be levied for the use of this extra weight capacity.
2) Refer to Part 3. PERMIT DESCRIPTION & PROCEDURES, 3.2 Types of Permits and for overweight hauling permit details.
3.1.3 Farm tractors and other implements of husbandry, which are being temporarily operated, moved or transported upon State maintained highways except Interstate and U.S. Routes are not required to obtain a hauling permit. A permit is not required on the Interstate and U.S. Routes when the equipment is being used by farmers engaged in their agricultural related practices. Farm tractors and other implements of husbandry being moved or transported by a manufacturer, dealer, business or commercial transport company would not be considered transported by a farmer engaged in their agricultural related practices, therefore, a hauling permit is required. An annual crane permit allows movement of cranes, not used in combination with any other vehicle, as defined by 21 Del.C. c. 1, §101 (10), on designated or all unrestricted routes, or both, unless posted. In accordance with 21 Del.C. c. 45, §4504, this permit can be obtained only by operators of self-propelled cranes. Separate permits are required for each power unit, and are not transferable. Blanket permit applications will be processed within two (2) weeks of submission of all required documents. All blanket permits will be re-evaluated prior to renewal. Application packets are only required for permit renewals if any changes, specifically with GVW or individual axle weights, differ from previous permit.
To use the DelDOT web based Oversize Overweight Permit System customer must establish an online account. 'Click' on the Don't have an online account? Register now link located beneath the Login box to self register.
This direct entry process is described in detail in the State of Delaware Oversize/Overweight Permit System User's Guide for the On-Line Customer. To view guide 'Click' on User Guide located under Information group.
4.1 Introduction. The Delaware Department of Transportation has adopted the following general permit requirements set forth in this section as well as the supplemental safety requirements that are set forth in Appendix A of this Manual for use by permittees when in transit within Delaware. These requirements have been adopted in part from the Guide for Vehicle Weights and Dimensions prepared by the Subcommittee on Highway Transport and officially adopted by the American Association of State Highway and Transportation Officials (Revised April 2001). These requirements are set forth, in order to promote public safety, minimize impacts to the traveling public, and minimize impacts/damage to public facilities.
4.3.1 When road conditions, visibility or unfavorable weather conditions make traveling hazardous to the operator or the traveling public, permitted vehicles are not authorized to operate, unless responding to an emergency. Vehicles, which are underway when inclement weather occurs, shall exit the road at the first available safe location and park in a safe place until the weather clears or until road conditions improve to allow safe travel conditions. Law enforcement judgment shall prevail in all circumstances.
Figure 4.2: Warning Flags on Overlength Loads or Loads With a Rear-End Overhang
Figure 4.4: Warning Lights on Overlength Load or Loads With a Rear-End Overhang Vehicles and loads exceeding legal width shall display two signs with the wording "OVERSIZE LOAD". One sign shall be on the front of the vehicle. The other shall be on the rear of the load; however, if the sign cannot be attached to, or is not legible on the load, then the sign shall be attached to the rear of the vehicle itself. Refer to Figure 4.5.
Figure 4.5: Warning Signs on Oversize Loads
Figure 4.6: Warning Signs on Overlength Loads or Loads With a Rear-End Overhang Application Review Time - Application will typically be processed within 5 10 business days of submission. Additional review time may be necessary based on complexity of move, timely submission of supporting documentation and availability of Department staff. The Department will accept no liability or other claim due to processing delay or the refusal to permit the move at all.
Last Updated: December 31 1969 19:00:00.
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