S.B. 156

1

OVERSIZE PERMIT AMENDMENTS
2 2001 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: John W. Hickman
5 This act modifies the Transportation Code by amending certain length limitations for
6 oversize permits.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 72-7-406, as renumbered and amended by Chapter 270, Laws of Utah 1998
10 Be it enacted by the Legislature of the state of Utah:
11 Section 1. Section 72-7-406 is amended to read:
12 72-7-406. Oversize permits and oversize and overweight permits for vehicles of
13 excessive size or weight -- Applications -- Restrictions -- Fees -- Rulemaking provisions --
14 Penalty.
15 (1) (a) The department may, upon receipt of an application and good cause shown, issue
16 in writing an oversize permit or an oversize and overweight permit. The oversize permit or
17 oversize and overweight permit may authorize the applicant to operate or move upon a highway:
18 (i) a vehicle or combination of vehicles, unladen or with a load weighing more than the
19 maximum weight specified in Section 72-7-404 for any wheel, axle, group of axles, or total gross
20 weight; or
21 (ii) a vehicle or combination of vehicles that exceeds the vehicle width, height, or length
22 provisions under Section 72-7-402 .
23 (b) Except as provided under Subsection (8), an oversize and overweight permit may not
24 be issued under this section to allow the transportation of a load that is reasonably divisible.
25 (c) The maximum size or weight authorized by a permit under this section shall be within
26 limits that do not impair the state's ability to qualify for federal-aid highway funds.
27 (d) The department may deny or issue a permit under this section to protect the safety of

28 the traveling public and to protect highway foundation, surfaces, or structures from undue damage
29 by one or more of the following:
30 (i) limiting the number of trips the vehicle may make;
31 (ii) establishing seasonal or other time limits within which the vehicle may operate or
32 move on the highway indicated;
33 (iii) requiring security in addition to the permit to compensate for any potential damage
34 by the vehicle to any highway; and
35 (iv) otherwise limiting the conditions of operation or movement of the vehicle.
36 (e) Prior to granting a permit under this section, the department shall approve the route
37 of any vehicle or combination of vehicles.
38 (2) An application for a permit under this section shall state:
39 (a) the proposed maximum wheel loads, maximum axle loads, all axle spacings of each
40 vehicle or combination of vehicles;
41 (b) the proposed maximum load size and maximum size of each vehicle or combination
42 of vehicles;
43 (c) the specific roads requested to be used under authority of the permit; and
44 (d) if the permit is requested for a single trip or if other seasonal limits or time limits apply.
45 (3) Each oversize permit or oversize and overweight permit shall be carried in the vehicle
46 or combination of vehicles to which it refers and shall be available for inspection by any peace
47 officer, special function officer, port of entry agent, or other personnel authorized by the
48 department.
49 (4) A permit under this section may not be issued or is not valid unless the vehicle or
50 combination of vehicles is:
51 (a) properly registered for the weight authorized by the permit; or
52 (b) registered for a gross laden weight of 78,001 pounds or over, if the gross laden weight
53 authorized by the permit exceeds 80,000 pounds.
54 (5) (a) (i) An oversize permit may be issued under this section for a vehicle or combination
55 of vehicles that exceeds one or more of the maximum width, height, or length provisions under
56 Section 72-7-402 .
57 (ii) Except for an annual oversize permit for an implement of husbandry under Section
58 72-7-407 , only a single trip oversize permit may be issued for a vehicle or combination of vehicles

59 that is more than 14 feet six inches wide, 14 feet high, or 105 feet long.
60 (b) The fee is $25 for a single trip oversize permit under this Subsection (5). This permit
61 is valid for not more than 96 continuous hours.
62 (c) The fee is $60 for a semiannual oversize permit under this Subsection (5). This permit
63 is valid for not more than 180 continuous days.
64 (d) The fee is $75 for an annual oversize permit under this Subsection (5). This permit is
65 valid for not more than 365 continuous days.
66 (6) (a) An oversize and overweight permit may be issued under this section for a vehicle
67 or combination of vehicles carrying a nondivisible load that exceeds one or more of the maximum
68 weight provisions of Section 72-7-404 by not more than 25%, except that the gross weight may
69 not exceed 125,000 pounds.
70 (b) The fee is $50 for a single trip oversize and overweight permit under this Subsection
71 (6). This permit is valid for not more than 96 continuous hours.
72 (c) A semiannual oversize and overweight permit under this Subsection (6) is valid for not
73 more than 180 continuous days. The fee for this permit is:
74 (i) $150 for a vehicle or combination of vehicles with gross vehicle weight of more than
75 80,000 pounds, but not exceeding 84,000 pounds;
76 (ii) $260 for a vehicle or combination of vehicles with gross vehicle weight of more than
77 84,000 pounds, but not exceeding 112,000 pounds; and
78 (iii) $350 for a vehicle or combination of vehicles with gross vehicle weight of more than
79 112,000 pounds, but not exceeding 125,000 pounds.
80 (d) An annual oversize and overweight permit under this Subsection (6) is valid for not
81 more than 365 continuous days. The fee for this permit is:
82 (i) $200 for a vehicle or combination of vehicles with gross vehicle weight of more than
83 80,000 pounds, but not exceeding 84,000 pounds;
84 (ii) $400 for a vehicle or combination of vehicles with gross vehicle weight of more than
85 84,000 pounds, but not exceeding 112,000 pounds; and
86 (iii) $450 for a vehicle or combination of vehicles with gross vehicle weight of more than
87 112,000 pounds, but not exceeding 125,000 pounds.
88 (7) (a) A single trip oversize and overweight permit may be issued under this section for
89 a vehicle or combination of vehicles carrying a nondivisible load that exceeds one or more of the

90 maximum weight provisions of Section 72-7-404 by more than 25% or that exceeds a gross weight
91 of 125,000 pounds.
92 (b) (i) The fee for a single trip oversize and overweight permit under this Subsection (7),
93 which is valid for not more than 96 continuous hours, is $.01 per mile for each 1,000 pounds above
94 80,000 pounds subject to the rounding described in Subsection (7)(c).
95 (ii) The minimum fee that may be charged under this Subsection (7) is $65.
96 (iii) The maximum fee that may be charged under this Subsection (7) is $450.
97 (c) (i) The miles used to calculate the fee under this Subsection (7) shall be rounded up to
98 the nearest 50 mile increment.
99 (ii) The pounds used to calculate the fee under this Subsection (7) shall be rounded up to
100 the nearest 25,000 pound increment.
101 (8) (a) An oversize and overweight permit may be issued under this section for a vehicle
102 or combination of vehicles carrying a divisible load if:
103 (i) the bridge formula under Subsection 72-7-404 (3) is not exceeded; and
104 (ii) the length of the vehicle or combination of vehicles is:
105 (A) more than [65 feet] the limitations specified under Subsections 72-7-402 (4)(c) and (d)
106 but not exceeding [92] 81 feet in cargo carrying length and the application is for a single trip [or],
107 semiannual trip, or annual trip permit; or
108 (B) more than [92] 81 feet in cargo carrying length but not exceeding [105] 95 feet in
109 cargo carrying length and the application is for an annual trip permit.
110 (b) The fee is $50 for a single trip oversize and overweight permit under this Subsection
111 (8). The permit is valid for not more than 96 continuous hours.
112 (c) The fee for a semiannual oversize and overweight permit under this Subsection (8),
113 which permit is valid for not more than 180 continuous days is:
114 (i) $150 for a vehicle or combination of vehicles with gross vehicle weight of more than
115 80,000 pounds, but not exceeding 84,000 pounds;
116 (ii) $260 for a vehicle or combination of vehicles with gross vehicle weight of more than
117 84,000 pounds, but not exceeding 112,000 pounds; and
118 (iii) $350 for a vehicle or combination of vehicles with gross vehicle weight of more than
119 112,000 pounds, but not exceeding 129,000 pounds.
120 (d) The fee for an annual oversize and overweight permit under this Subsection (8), which

121 permit is valid for not more than 365 continuous days is:
122 (i) $200 for a vehicle or combination of vehicles with gross vehicle weight of more than
123 80,000 pounds, but not exceeding 84,000 pounds;
124 (ii) $400 for a vehicle or combination of vehicles with gross vehicle weight of more than
125 84,000 pounds, but not exceeding 112,000 pounds; and
126 (iii) $450 for a vehicle or combination of vehicles with gross vehicle weight of more than
127 112,000 pounds, but not exceeding 129,000 pounds.
128 (9) Permits under Subsections (7) and (8) may be issued only upon authorization of the
129 commission.
130 (10) Permit fees collected under this section shall be credited monthly to the
131 Transportation Fund.
132 (11) The department shall prepare maps, drawings, and instructions as guidance when
133 issuing permits under this section.
134 (12) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
135 department shall make rules governing the issuance and revocation of all permits under this section
136 and Section 72-7-407 .
137 (13) Any person who violates any of the terms or conditions of a permit issued under this
138 section:
139 (a) may have his permit revoked; and
140 (b) is guilty of a class B misdemeanor.




Legislative Review Note
as of 1-23-01 10:13 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel