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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsSeptember 2016

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2 DE Admin. Code 2405
Pursuant to the authority provided by 21 Del.C. §4504, the Delaware Department of Transportation proposed to adopt changes to its regulation entitled the Oversize/Overweight Hauling Permit Policy and Procedures Manual.
IT IS SO ORDERED this 10th day of August, 2016.
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 3.2.1.9 and 3.2.1.10 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.
3.2.1.11.1 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.
3.3 Where / How to Apply. OSOW hauling permits can be applied for electronically as described in subsection 3.3.1 below or via a Third Party as described in subsection 3.3.2. Applications for permits will not be accepted via phone, in-person or facsimile.
3.3.1 Electronically. Application of permits can be completed electronically directly by the permittee on the World Wide Web at: OSOW hauling permit application can be entered directly on the DelDOT OSOW Permit System at https://www.deldot.gov/osow/application/login
To use the DelDOT web based Oversize Overweight Permit System customer must establish an online account. 'Click' on the Don't have an outline 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.
Electronic applications are preferred and provide the fastest method for customers to obtain approved hauling permits.
3.3.2 In Person. Permits may be obtained by appearing in person at:
3.3.3 Third Party. Permits may also be obtained by contacting any one of the several communications redistribution firms (Permit Services) authorized by the State to perform such work.
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.
Figure 4.1: Warning Flags on Overwidth Loads
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
4.6.5.2 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
5.3.5.4.32 Permitted Type 5 superload moves are recommended to move Tuesday through Thursday, except during the hours of 6:00 AM through 9:00 AM and from 3:00 PM through 7:00 PM, along routes located in beach resort areas from May 15 through October 1. Permitted vehicles should not be moved along routes located in beach resort areas on Mondays, Fridays, and weekends from May 15 through October 1. DelDOT also reserves the right to restrict moves within this time period on a case-by-case basis in order to minimize impacts to the traveling public and to ensure public safety.
5.3.5.4.43 The Department, at its discretion, may authorize permitted vehicles to move during designated times between sunset and sunrise, however, they may be subject to special lighting requirements identified in this Manual. If a night move is authorized, the Department may also require additional lights, company escort vehicles, Delaware State Police Trooper and Patrol Car, and/or Local Police Officer and Patrol Car on a case-by-case basis.
5.3.5.4.54 SUPERLOAD moves are not allowed to travel during Holidays and/or Events without special permission being obtained from the Department. Requests to travel on a restricted Holiday and/or during an Event must be submitted in writing detailing the reasoning for the move to occur. The holiday and event restriction schedule can be found in Table 5.1 below. Holiday and event restrictions can be found on the OOPS System webpage by clicking on the Holiday Restrictions" link.
5.3.5.4.65 To request movement during hours other than those noted above, the permittee must provide the following three (3) specific items in the Comments section of the permit application: 1. JUSTIFICATION (explain why move is necessary); 2. DATE OF MOVE / DATES OF MOVE; 3. INCLUSIVE TIMES OF MOVE in DELAWARE (Start Time of move in Delaware or at state line and End Time at destination in Delaware or state line). The review process may take up to fourteen (14) business days.
5.3.5.4.76 DelDOT reserves the right to restrict moves within time periods noted above on a case-by-case basis in order to minimize impacts to the traveling public and to ensure public safety.
6.3.1.1 Hauler will contact the DelDOT Hauling Permit Office (302) 744-2700 to alert DelDOT Permit Agent of the emergency. Additionally, Hauler will transmit a completed HP Form 8 (Extreme Emergency Hauling Permit Notification) to the HP Office via email to haulpermit@state.de.us or fax to (302) 739-7808.
6.3.1.3.1 Contact DelDOT Transportation Management Center (TMC) and advise TMC personnel of the emergency move.
6.3.1.3.3 When permit is received on the OSOW Permit System process as an Emergency Move with After Hour movement authorized if applicable, Example of a Special Provision (enter type of emergency hauler is responding):
6.3.2.1 Hauler will transmit a completed HP Form 8 (Extreme Emergency Hauling Permit Notification) to TMC via fax to (302) 659-6128.
6.3.2.2 Hauler will follow up with a call the DelDOT TMC, (302) 659-4600 to confirm receipt of fax transmission and discuss details of the emergency.
6.3.2.32 TMC personnel will contact with the on call DelDOT Permit Agent who will contact the hauler, discuss the emergency move request, and provide instructions for the move.
Figure A.4: HP Form 8 Extreme Emergency Hauling Permit Notification
Last Updated: December 31 1969 19:00:00.
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