§ 20-119. Special permits for vehicles of excessive size or weight; fees.
§ 20‑119. Specialpermits for vehicles of excessive size or weight; fees.
(a) The Department ofTransportation may, in its discretion, upon application, for good cause beingshown therefor, issue a special permit in writing authorizing the applicant tooperate or move a vehicle of a size or weight exceeding a maximum specified inthis Article upon any highway under the jurisdiction and for the maintenance ofwhich the body granting the permit is responsible. However, the Department isnot authorized to issue any permit to operate or move over the State highwaystwin trailers, commonly referred to as double bottom trailers. Every suchpermit shall be carried in the vehicle to which it refers and shall be open toinspection by any peace officer. The authorities in any incorporated city ortown may grant permits in writing and for good cause shown, authorizing theapplicant to move a vehicle over the streets of such city or town, the size orweight exceeding the maximum expressed in this Article. The Department ofTransportation shall issue rules to implement this section.
(a1) Where permitted bythe posted road and bridge limits, the Department may issue a single trippermit for a vehicle or vehicle combination responding to an emergency eventthat could result in severe damage, injury, or loss of life or propertyresulting from any natural or man‑made emergency as determined by eitherthe Secretary of Crime Control and Public Safety or the Secretary ofTransportation or their designees. A permit issued under this subsection mayallow for travel from a specific origin to destination and return 24 hours aday, seven days a week, including holidays. Permits issued under thissubsection shall include a requirement for banners, flags, and other safetydevices, as determined by the Department, and a requirement for a lawenforcement escort or a vehicle being operated by a certified escort vehicleoperator if traveling between sunset and sunrise. To obtain authorization totravel during restricted times, application shall be made with any requireddocumentation to the proper officials as designated by the Department. If anemergency permit is issued under this subsection, the requestor shall contactthe Department of Transportation's central permit office on the next businessday to complete any further documentation and pay the applicable fees.
(b) Upon the issuanceof a special permit for an oversize or overweight vehicle by the Department ofTransportation in accordance with this section, the applicant shall pay to theDepartment for a single trip permit a fee of twelve dollars ($12.00) for eachdimension over lawful dimensions, including height, length, width, and weightup to 132,000 pounds. For overweight vehicles, the applicant shall pay to theDepartment for a single trip permit in addition to the fee imposed by theprevious sentence a fee of three dollars ($3.00) per 1,000 pounds over 132,000pounds.
Upon the issuance of an annualpermit for a single vehicle, the applicant shall pay a fee in accordance withthe following schedule:
Commodity: AnnualFee:
AnnualPermit to Move House Trailers or Trailer Frames $200.00
Annual Permitto Move Other Commodities $100.00
In addition to the fees setout in this subsection, applications for permits that require an engineering studyfor pavement or structures or other special conditions or considerations shallbe accompanied by a nonrefundable application fee of one hundred dollars($100.00).
This subsection does not applyto farm equipment or machinery being used at the time for agriculturalpurposes, nor to the moving of a house as provided for by the license andpermit requirements of Article 16 of this Chapter. Fees will not be assessedfor permits for oversize and overweight vehicles issued to any agency of theUnited States Government or the State of North Carolina, its agencies,institutions, subdivisions, or municipalities if the vehicle is registered inthe name of the agency.
(b1) Neither theDepartment nor the Board may require review or renewal of annual permits, with orwithout fee, more than once per calendar year.
(c) Nothing in thissection shall require the Department of Transportation to issue any permit forany load.
(d) For each violationof any of the terms or conditions of a special permit issued or where a permitis required but not obtained under this section the Department of Crime Controland Public Safety shall assess a civil penalty for each violation against theregistered owner of the vehicle as follows:
(1) A fine of onethousand five hundred dollars ($1,500) for operating without the proper numberof certified escorts as determined by the actual loaded weight or size of thevehicle combination.
(1a) A fine of fivehundred dollars ($500.00) for any of the following: operating without theissuance of a permit, moving a load off the route specified in the permit,falsifying information to obtain a permit, or failing to comply with dimensionrestrictions of a permit.
(2) A fine of twohundred fifty dollars ($250.00) for moving loads beyond the distance allowancesof an annual permit covering the movement of house trailers from the retailer'spremises or for operating in violation of time of travel restrictions.
(3) A fine of onehundred dollars ($100.00) for any other violation of the permit conditions orrequirements imposed by applicable regulations.
The Department ofTransportation may refuse to issue additional permits or suspend existingpermits if there are repeated violations of subdivision (1), (1a), or (2) ofthis subsection.
(d1) In addition to the penaltiesassessed under subsection (d) of this section, the Department of Crime Controland Public Safety shall assess a civil penalty, not to exceed ten thousanddollars ($10,000), in accordance with G.S. 20‑118(e)(1) and (e)(3)against the registered owner of the vehicle for any of the following:
(1) Operating withoutthe issuance of a required permit.
(2) Operating offpermitted route of travel.
(3) Failing to complywith travel restrictions of the permit.
(4) Operating withoutthe proper vehicle registration or license for the class of vehicle beingoperated.
A violation of this subsectionconstitutes operating a vehicle without a special permit.
(e) It is the intent ofthe General Assembly that the permit fees provided in G.S. 20‑119 shallbe adjusted periodically to assure that the revenue generated by the fees isequal to the cost to the Department of administering the Oversize/OverweightPermit Unit Program within the Division of Highways. At least every two years,the Department shall review and compare the revenue generated by the permitfees and the cost of administering the program, and shall report to the JointLegislative Transportation Oversight Committee created in G.S.120‑70.50its recommendations for adjustments to the permit fees to bring the revenuesand the costs into alignment.
(f) The Department ofTransportation shall issue rules to establish an escort driver training andcertification program for escort vehicles accompanying oversize/overweightloads. Any driver operating a vehicle escorting an oversize/overweight loadshall meet any training requirements and obtain certification under the rulesissued pursuant to this subsection. These rules may provide for reciprocitywith other states having similar escort certification programs. Certificationcredentials for the driver of an escort vehicle shall be carried in the vehicleand be readily available for inspection by law enforcement personnel. Theescort and training certification requirements of this subsection shall notapply to the transportation of agricultural machinery until October 1, 2004.The Department of Transportation shall develop and implement an in‑housetraining program for agricultural machinery escorts by September 1, 2004.
(g) The Department ofTransportation shall issue annual overwidth permits for the following:
(1) A vehicle carryingagricultural equipment or machinery from the dealer to the farm or from thefarm to the dealer that does not exceed 14 feet in width. A permit issued underthis subdivision is valid for unlimited movement without escorts on all Statehighways where the overwidth vehicle does not exceed posted bridge and loadlimits.
(2) A boat or boattrailer whose outside width equals or exceeds 120 inches. A permit issued underthis subdivision must restrict a vehicle's towing of the boat or boat trailerto daylight hours only.
(h) No law enforcementofficer shall issue a citation to a person for a violation of this section ifthe officer is able to determine by electronic means that the person has a permitvalid at the time of the violation but does not have the permit in his or herpossession. Any person issued a citation pursuant to this section who does nothave the permit in his or her possession at the time of the issuance of thecitation shall not be responsible for a violation, and the Department of CrimeControl and Public Safety may not impose any fines under this section if theperson submits evidence to the Department of the existence of a permit valid atthe time of the violation within 30 days of the date of the violation. (1937, c. 407, s. 83; 1957,c. 65, s. 11; 1959, c. 1129; 1973, c. 507, s. 5; 1977, c. 464, s. 34; 1981, c.690, ss. 31, 32; c. 736, ss. 1, 2; 1989, c. 54; 1991, c. 604, ss. 1, 2; c. 689,s. 334; 1993, c. 539, s. 357; 1994, Ex. Sess., c. 24, s. 14(c); 2000‑109,ss. 7(a), 7(f), 7(g); 2001‑424, s. 27.10; 2003‑383, s. 7; 2004‑124,s. 30.3E(a), (b); 2004‑145, s. 3; 2005‑361, s. 4; 2007‑290,s. 2; 2008‑160, s. 2; 2008‑229, s. 2; 2009‑376, ss. 7, 8.)