Special permits for operation and movement of vehicles and loads of excess size and weight, 511.2(4), 511.4(2)“a,” 511.5, 511.7, 511.8(1)“e,” 511.9, 511.12, 511.15(4)
Adopted and Filed
Rule making related to special permits
The Department of Transportation hereby amends Chapter 511, "Special Permits for Operation and Movement of Vehicles and Loads of Excess Size and Weight," Iowa Administrative Code.
Legal Authority for Rule Making
This rule making is adopted under the authority provided in Iowa Code sections 307.12 and 321E.15.
State or Federal Law Implemented
This rule making implements, in whole or in part, Iowa Code sections 321.454, 321.456, 321.457 and 321E.29.
Purpose and Summary
This rule making updates Chapter 511 to align the rules with existing legal authority, Department practice, and Iowa Code chapters 321 and 321E as amended by 2020 Iowa Acts, House File 2310, sections 1 to 4.
These amendments strike references to the permit for divisible loads of hay, straw, stover, or bagged livestock bedding since that permit was eliminated by the Legislature and clarifies that a permit for special or emergency circumstances is also authorized under Iowa Code section 321E.29. These amendments also add a reference to the fee for a special alternative energy permit, which is set forth in Iowa Code section 321E.14 but was not previously included in Chapter 511. A technical change was made to the payment methods accepted by the Department so that the rule will align with current Department procedures.
These amendments conform with the current Department practice of permittees accessing the most up-to-date route and detour information from the 511ia.org website, rather than having to call a person at the Department to receive the information.
Public Comment and Changes to Rule Making
Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on December 2, 2020, as ARC 5292C. No public comments were received. No changes from the Notice have been made.
Adoption of Rule Making
This rule making was adopted by the Department on January 13, 2021.
This rule making has no fiscal impact to the State of Iowa.
After analysis and review of this rule making, no impact on jobs has been found.
Any person who believes that the person's circumstances meet the statutory criteria for a waiver may petition the Department for a waiver under 761—Chapter 11.
Review by Administrative Rules Review Committee
The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee's meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).
This rule making will become effective on March 17, 2021.
The following rule-making actions are adopted:
Item 1. Amend subrule 511.2(4), introductory paragraph, as follows:
511.2(4) Except as provided in subrule 511.7(6) and rule 761—511.15(321,321E), permits may be issued only for the transporting of a single article which exceeds statutory size or weight limits or both, and which cannot reasonably be divided or reduced to statutory size and weight limits. However, permits may be issued for the transporting of property consisting of more than one article when:
Item 2. Amend paragraph 511.4(2)"a" as follows:
a. Applications for permits for movement on the primary road system shall be made online or on a in the form and manner prescribed by the department.
Item 3. Amend rule 761—511.5(321,321E) as follows:
761—511.5(321,321E) Fees and charges.
511.5(1) No change.
511.5(2) Annual Special or emergency oversize permit for certain divisible loads. A fee of $25 shall may be charged for each annual single-trip permit issued pursuant to Iowa Code section 321E.29, payable prior to the issuance of the permit. Only divisible loads of hay, straw, stover, or bagged livestock bedding are permitted under this permit.
511.5(3) to 511.5(9) No change.
511.5(10) Special alternative energy multitrip permit. A fee of $600 shall be charged for each special alternative energy multitrip permit issued pursuant to Iowa Code section 321E.9B, payable prior to the issuance of the permit.
511.5(10) 511.5(11) Compacted rubbish permit. A fee of $100 shall be charged for each compacted rubbish permit, payable prior to the issuance of the permit.
511.5(11) 511.5(12) Duplicate permit. A fee of $2 shall be charged for each duplicate permit, payable prior to the issuance of the permit.
511.5(12) 511.5(13) Registration fee. A registration fee shall be charged for vehicles transporting buildings, except mobile homes and factory-built structures, on a single-trip basis. The vehicle shall be registered for the combined gross weight of the vehicle and load. The fee shall be 5 cents per ton exceeding the weight registered under Iowa Code section 321.122 per mile of travel and shall be payable prior to the issuance of the permit. Fees shall not be prorated for fractions of miles.
511.5(13) 511.5(14) Fair and reasonable costs. Permit-issuing authorities may charge any permit applicant:
a. A fair and reasonable cost for the removal and replacement of natural obstructions or official signs and signals.
b. A fair and reasonable cost for measures necessary to avoid damage to public property including structures and bridges.
511.5(14) 511.5(15) Methods of payment. Fees and costs required under this chapter shall normally be paid by credit card, certified check, cashier's check, traveler's check, bank draft or cash. Personal checks may be accepted at the discretion of the permit-issuing authority in the form and manner prescribed by the department.
Item 4. Amend rule 761—511.7(321,321E), introductory paragraph, as follows:
761—511.7(321,321E) Annual permits. Annual permits are issued for indivisible vehicles or indivisible loads for travel when the dimensions of the vehicle or load exceed statutory limits but the weight is within statutory limits. Routing is subject to embargoed bridges and roads and posted speed limits. The owner or operator shall select a route using the vertical clearance map and road construction and travel restrictions map provided by the department. Detour Route, detour and road embargo information may also be found online at: www.511ia.org. Prior to making the move, the owner or operator shall contact the department by telephone at (515)237-3264 between 8 a.m.and 4:30 p.m., Monday through Friday, except for legal holidays, to verify that the owner or operator is using the most recent information. Annual permits are issued for the following:
Item 5. Rescind subrule 511.7(6).
Item 6. Amend rule 761—511.7(321,321E), implementation sentence, as follows:
Item 7. Amend paragraph 511.8(1)"e" as follows:
e. Routing. The owner or operator shall select a route using a vertical clearance map, bridge embargo map, pavement restrictions map, and construction and travel restrictions map provided by the department. Detour Route, detour and road embargo information may be found online at www.511ia.org. The owner or operator shall contact the department by telephone at (515)237-3264 between 8 a.m.and 4:30 p.m., Monday through Friday, except for legal holidays, prior to making the move to verify that the owner or operator is using the most recent information.
Item 8. Rescind and reserve subrule 511.9(6).
Item 9. Amend rule 761—511.9(321,321E), implementation sentence, as follows:
Item 10. Amend rule 761—511.12(321,321E), implementation sentence, as follows:
Item 11. Rescind subrule 511.15(4).
[Filed 1/14/21, effective 3/17/21]
Editor's Note: For replacement pages for IAC, see IAC Supplement 2/10/21.