Special Provisions and Exceptions for Oversize or Overweight Vehicles

August 19, 2020

General Provisions

Definition (TRC 622.001):

"Department"means the Texas Department of Transportation.

Vehicles Transporting Ready-Mixed Concrete

Permit For Ready-Mixed Concrete Trucks (Sec. 623.0171):

  1. In this section, "ready-mixed concrete truck" has the meaning assigned by Section 622.011.
  2. The department may issue a permit that authorizes the operation of a ready-mixed concrete truck with three axles.
  3. To qualify for a permit under this section, a base permit fee of $1,000 must be paid, except as provided by Subsection (g).
  4. A permit issued under this section:
    1. is valid for one year, except as provided by Subsection (g); and
    2. must be carried in the vehicle for which it is issued.
  5. When the department issues a permit under this section, the department shall issue a sticker to be placed on the front windshield of the vehicle above the inspection certificate issued to the vehicle. The department shall design the form of the sticker to aid in the enforcement of weight limits for vehicles.
  6. The sticker must:
    1. indicate the expiration date of the permit; and
    2. be removed from the vehicle when:
      1. the permit for operation of the vehicle expires;
      2. a lease of the vehicle expires; or
      3. the vehicle is sold.
  7. The department may issue a permit under this section that is valid for a period of less than one year. The department shall prorate the applicable fee required by Subsection (c) for a permit issued under this subsection as necessary to reflect the term of the permit.
  8. (h) Unless otherwise provided by state or federal law, a county or municipality may not require a permit, fee, or license for the operation of a ready-mixed concrete truck in addition to a permit, fee, or license required by state law.

Definition: Designation as Perishable (TRC 622.011):

  1. In this subchapter, " ready-mixed concrete truck " means:
    1. a vehicle designed exclusively to transport or manufacture ready-mixed concrete and includes a vehicle designed exclusively to transport and manufacture ready-mixed concrete; or
    2. a concrete pump truck.
  2. Ready-mixed concrete is a perishable product

Axle-Load Restrictions (TRC 622.012):

  1. A ready-mixed concrete truck may be operated on a public highway of this state only if the tandem axle load is not heavier than 46,000 pounds and the single axle load is not heavier than 23,000 pounds.
  2. A truck may be operated at a weight that exceeds the maximum single axle or tandem axle load limitation by not more than 10 percent if the gross load is not heavier than 69,000 pounds.

Surety Bond (TRC 622.013) :

  1. The owner of a ready-mixed concrete truck with a tandem axle load heavier than 34,000 pounds shall before operating the vehicle on a public highway of this state file with the department a surety bond subject to the approval of the department in the principal amount set by the department not to exceed $ 15,000 for each truck.
  2. The bond must be conditioned that the owner of the truck will pay to the state, within the limit of the bond, any damage to a highway caused by the operation of the truck.

Local Regulation (TRC 622.014):

  1. The governing body of a county or municipality that determines a public highway under its jurisdiction is insufficient to carry a load authorized by Section 622.012 may prescribe, by order or ordinance, rules governing the operation of a ready-mixed concrete truck over a public highway maintained by the county or municipality.
  2. The rules may include weight limitations on a truck with:
    1. a tandem axle load that is heavier than 36,000 pounds;
    2. a single axle load that is heavier than 12,000 pounds; or
    3. a gross load that is heavier than 48,000 pounds.

Local Surety Bond (TRC 622.015):

The governing body of a county or municipality may require the owner of a ready-mixed concrete truck to file a surety bond in an amount not to exceed $15,000 and conditioned that the owner of the truck will pay to the county or municipality any damage to a highway caused by the operation of the truck with a tandem axle load that is heavier than 34,000 pounds.

Interstate and Defense Highways (TRC 622.016):

  1. This subchapter does not authorize the operation on the national system of interstate and defense highways in this state of a vehicle of a size or weight greater than that authorized by 23 U.S.C. Section 127, as amended.
  2. If the United States authorizes the operation on the national system of interstate and defense highways of a vehicle of a size or weight greater than that authorized on January 1, 1977, the new limit automatically takes effect on the national system of interstate and defense highways in this state.

Penalties (TRC 622.017):

  1. a person commits an offense if the person violates this subchapter.
  2. Except as provided by Subsection (c), an offense under this section is a misdemeanor punishable:
    1. by a fine of not more than $200;
    2. on conviction within one year after the date of a prior conviction under this section that was punishable under Subdivision
    3. by a fine of not more than $500, by confinement in the county jail for not more than 60 days, or by both the fine and the confinement; or
    4. on conviction within one year after the date of a prior conviction under this section that was punishable under Subdivision
    5. or this subdivision, by a fine of not more than $1,000, by confinement in the county jail for not more than six months, or by both the fine and the confinement.
  3. A corporation is not subject to confinement for an offense under this section, but two times the maximum fine provided for in the applicable subdivision of Subsection (b) may be imposed against the corporation.

Vehicles Transporting Milk

Length and Axle-Load Restrictions (TRC 622.031):

A vehicle used exclusively to transport milk may be operated on a public highway of this state only if:

  1. the distance between the front wheel of the forward tandem axle and the rear wheel of the rear tandem axle, measure longitudinally, is 28 feet or more; and
  2. the load carried on any group of axles is not heavier that 68,000 pounds.

Interstate and Defense Highways (TRC 622.032):

  1. This subchapter does not authorize the operation on the national system of interstate and defense highways in this state of a vehicle of a size or weight greater than that authorized by 23 U.S.C. Section, as amended.
  2. If the United States authorizes the operation on the national system of interstate and defense highways of a vehicle of a size or weight greater than that authorized by 23 U.S.C. Section 127 on August 29, 1977, the new limit takes effect on the national system of interstate and defense highways in this state.

Penalties (TRC 622.033):

  1. A person commits an offense if the person violates this subchapter.
  2. Except as provided by Subsection (c), an offense under this section is a misdemeanor punishable:
    1. by a fine of not more than $200;
    2. on conviction within one year after the date of a prior conviction under this section that was punishable under Subdivision (1), by a fine of not more than $500, by confinement in the county jail for not more than 60 days, or by both the fine and the confinement; or
    3. on conviction within one year after the date of a prior conviction under this section that was punishable under Subdivision (2) or this subdivision, by a fine of not more than $1,000, by confinement in the county jail for not more than six months, or by both the fine and the confinement.
  3. A corporation is not subject to confinement for an offense under this section, but two times the maximum fine provided for in the applicable subdivision of Subsection (b) may be imposed against the corporation.

Vehicles Transporting Timber Or Timber Products

Conformity with General Provisions Relating to Vehicle Size and Weight (TRC 622.043):

The width, height, and gross weight of a vehicle or combination of vehicles subject to this subchapter shall conform to Chapter 621.

Vehicles Transporting Raw Wood Products (TRC 622.045):

  1. The width, height, and gross weight of a vehicle or combination of vehicles subject to this subchapter that is transporting raw wood products shall conform to Chapters 621 and 623, except that when it is necessary to transport the load, the distance between axles on a vehicle may be shortened by not more than 12 feet for gross weight determinations.
  2. Notwithstanding any other provision of law, Subsection (a) does not authorize the operation of a vehicle or combination of vehicles subject to this subchapter that is transporting raw wood products on a bridge with a load limitation at a weight that exceeds that limitation.

Vehicles Transporting Electric Power Transmission Poles

Conformity with General Provisions Relating to Vehicle Size and Weight (TRC 622.052):

The width, height, and gross weight of a vehicle or combination of vehicles to which this subchapter applies shall conform to Chapter 621.

Vehicles Transporting Poles Or Pipe

Conformity with General Provisions relating to Vehicle Size and Weight (TRC 622.963):

A vehicle or combination of vehicles to which this sub-chapter applies shall conform to the length, width, height, and weight requirements of Chapter 621.

Vehicles Transporting Solid Waste

Definition (TRC 623.161) :

In this subchapter, " solid waste " has the meaning assigned by Chapter 361 , Health and Safety Code, except that it does not include hazardous waste.

Axle-Load Restrictions (TRC 623.162):

A vehicle used exclusively to transport solid waste may be operated on a public highway of this state only if the tandem axle load is not heavier than 44,000 pounds, the single axle load is not heavier than 21,000 pounds, and the gross load is not heavier than 64,000 pounds.

Surety Bond (TRC 623.163):

  1. The owner of a vehicle used exclusively to transport solid waste with a tandem axle load heavier than 34,000 pounds shall before operating the vehicle on a public highway of this state file with the department a surety bond subject to the approval of the department in the principal amount set by the department not to exceed $ 15,000 for each vehicle.
  2. The bond must be conditioned that the owner of the vehicle will pay to the state and to any municipality in which the vehicle is operated on a municipal street, within the limit of the bond, any damages to a highway or municipal street caused by the operation of the vehicle.
  3. This section does not apply to a vehicle owned by a municipality.

Interstate and Defense Highways (TRC 623.164)

  1. The subchapter does not authorize the operation on the national system of interstate and defense highways in this state of a vehicle of a size or weight greater than that authorized by 23 U.S.C. Section 127, as amended.
  2. If the United States authorizes the operation on the national system of interstate and defense highways of a vehicle of a size or weight greater than that authorized on January 1, 1983, the new limit automatically takes effect on the national system of inter-state and defense highways in this state.

Penalties (TRC 623.165):

  1. A person commits an offense if the person violates this subchapter.
  2. Except as provided by Subsection (c), an offense under this section is a misdemeanor punishable:
    1. by a fine of not more than $200;
    2. on conviction within one year after the date of a prior conviction under this section that was punishable under Subdivision (1), by fine of not more than $500, by confinement in the county jail for not more than 60 days, or by both the fine and the confinement; or
    3. on conviction within one year after the date of a prior conviction under this section that was punishable under Subdivision (2) or this subdivision, by a fine of not more than $1,000, by confinement in the county jail for not more than six months, or by both the fine and the confinement.
  3. A corporation is not subject to confinement for an offense under this section, but two times the maximum fine provided for in the applicable subdivision of Subsection (b) may be imposed against the corpora-tion.

Certain Vehicles Transporting Recyclable Materials

Definition (TRC 622.131):

In this subchapter, "recyclable material" has the meaning assigned by Section 361.421, Health and Safety Code.

Applicability of Subchapter (TRC 622.132):

This subchapter applies only to a vehicle other than a tractor-trailer combination, only if equipped with a container rolloff unit or a front end loader.

Axle-Load Restrictions (TRC 622.133):

A vehicle used exclusively to transport recyclable materials may be operated on a public highway only if the tandem axle load is not heavier than 44,000 pounds, a single axle load is not heavier than 21,000 pounds, and the gross load is not heavier than 64,000 pounds.

Surety Bond (TRC 622.134) :

  1. Except as provided by Subsection (c), the owner of a vehicle covered by this subchapter with a tandem axle load heavier than 34,000 pounds shall before operating the vehicle on a public highway of this state file with the department a surety bond subject to the approval of the department in the principal amount set by the department not to exceed $ 15,000 for each vehicle.
  2. The bond must be conditioned that the owner of the vehicle will pay, within the limits of the bond, to the state any damage to a highway, to a county any damage to a county road, and to a municipality any damage to a municipal street caused by the operation of the vehicle.
  3. Subsection (a) does not apply to a vehicle owned by a municipality or a county.

Interstate and Defense Highways (TRC 622.135):

  1. This subchapter does not authorize the operation on the national system of interstate and defense highways in this state of a vehicle of a size or weight greater than authorized in 23 U.S.C. Section 127, as amended.
  2. If the United States government authorizes the operation on the national system of interstate and defense highways of vehicles of a size or weight greater than those authorized on January 1, 1983, the new limit automatically takes effect on the national system of interstate and defense highways in this state.

Penalties (TRC 622.136):

  1. A person commits an offense if the person violates this subchapter.
  2. Except as provided by Subsection (c), an offense under this section is a misdemeanor punishable:
    1. by a fine not to exceed $200;
    2. on conviction within one year after the date of a prior conviction under this section that was punishable under Subdivision (3), by a fine not to exceed $500, by confinement in the county jail for not more than 60 days, or by both the fine and confinement; or
    3. by a fine not to exceed $500, by confinement in the county jail for not more than 60 days, or by both the fine and confinement; or
    4. on conviction within one year after the date of a prior conviction under this section that was punishable under Subdivision (5), by a fine not to exceed $1,000, by confinement in the county jail for not more than six months, or by both the fine and confinement.
  3. corporation is not subject to confinement for an offense under this section, but two times the maximum fine provided for in the applicable subdivision of Subsection (b) may be imposed against the corporation.

Miscellaneous Weight Exceptions

Fire Department Vehicle (TRC 622.952):

  1. The weight limitation of Section 621.101 do not apply to a vehicle owned or operated by a public, private, or volunteer fire department.
  2. The weight of a fire department's vehicle may not be heavier than the manufacturer's gross vehicle weight capacity or axle design rating.

Vehicles Transporting Seed Cotton Modules (TRC 622.953):

  1. The weight limitations of Section 621.101 do not apply to a vehicle or combination of vehicles used exclusively to transport seed cotton modules.
  2. The overall gross weight of a vehicle or combination to which this section applies may not be heavier than 59,400 pounds.
  3. The owner of a vehicle or combination to which this section applies that has a gross weight of more than 59,400 pounds is liable to the state, county, or municipality for any damage to a highway, street, road, or bridge caused by the weight of the load.
  4. A vehicle or combination to which this section applies may not be operated on the national system of interstate and defense highways if the vehicle exceeds the maximum weight authorized by 23 U.S.C. Section 127.