2016 Idaho Statutes
Title 49 - MOTOR VEHICLES
Chapter 10 - WEIGHT, SPEED AND TIRE REGULATIONS
Section 49-1004 - PERMITS FOR OVERWEIGHT OR OVERSIZE LOADS -- SPECIAL ROUTES AND ANNUAL PERMITS.

49-1004. Permits for overweight or oversize loads -- Special routes and annual permits. (1) Upon application in writing to the board or other proper authorities in charge of, or having jurisdiction over a highway, the board or authorities may in their discretion issue a special permit to the owner or operator of any vehicle allowing vehicles or loads having a greater weight or size than permitted by law to be moved or carried over and on the highways and bridges.

(a) Special permits shall be in writing and may limit the time of use and operation over the particular highways and bridges which may be traversed and may contain any special conditions and require any undertaking or other security as the board or other proper authority shall deem to be necessary to protect the highways and bridges from injury, or provide indemnity for any injury to highways and bridges or to persons or property resulting from such operation.

(b) The owner or operator of an overweight or oversize vehicle shall obtain a permit, or shall establish intent to obtain a permit by contacting a permit office and receiving a permit number before moving the vehicle on the highways.

(c) All special permits or evidence of intent to obtain a permit shall be carried in the vehicles to which they refer and shall upon demand be delivered for inspection to any peace officer, authorized agent of the board or any officer or employee charged with the care or protection of the highways.

(2) Nonreducible vehicles or combinations of vehicles hauling nonreducible loads at weights in excess of those set forth in section 49-1001, Idaho Code, shall pay fees as set forth in this subsection. Such fees are based on the number of axles on the vehicle or combination of vehicles and the total gross weight.

(a) To determine the maximum allowable permit fee for vehicles with more than seven (7) axles, the table can be extended by adding seventeen thousand (17,000) pounds to the last listed weight in both columns 1 and 2 for each added axle.

(b) Permit fees for column 1 shall start at four cents (4¢) per mile and increase four cents (4¢) per mile for each additional two thousand (2,000) pound increment up to the weight indicated in column 2. Permit fees for column 2 shall start at one dollar and two cents ($1.02) per mile and increase seven cents (7¢) per mile for each additional two thousand (2,000) pound increment.

(c) Vehicles operating at weights less than the starting weights per axle configuration listed in column 1 shall be charged four cents (4¢) per mile.

(d) For vehicles operating with axles wider than eight (8) feet six (6) inches or axles with more than four (4) tires per axle, the fee may be reduced by the board or other proper authority having jurisdiction over a highway.

(3) It shall be unlawful for any person to violate, or to cause or permit to be violated, the limitations or conditions of special permits and any violation shall be deemed for all purposes to be a violation of the provisions of this chapter.

(4) An annual special route permit authorizing travel on designated routes shall be issued by the board or may, in its discretion, be issued by a local public highway agency for operation of vehicles with a legal maximum gross weight of at least one hundred five thousand five hundred one (105,501) pounds but not exceeding one hundred twenty-nine thousand (129,000) pounds. Such routes on nonstate and noninterstate highways shall be determined by the local highway agency for those roads under its jurisdiction. No local public highway agency shall approve a route which provides a thoroughfare for interstate carriers to pass through the state. State routes designated by the legislature and identified on a map entitled "Designated Routes" are:

(a) US-20 Montana border to its junction with SH-33; SH-33 to its junction with US-20; US-20 to its junction with US-93; US-93 to its junction with SH-25; SH-25 to its junction with SH-50; SH-50 to its junction with US-30; US-30 to its junction with SH-74; SH-74 to its junction with US-93; US-93 to the Nevada border.

(b) US-91 from its junction with SH-34 to the Utah border.

(c) US-30 from its junction with I-15 to the Wyoming border.

(d) US-95 south from milepost 66 (Fruitland) to its junction with SH-55.

(e) SH-19 from its junction with US-95 (Wilder) to its junction with I-84B (Caldwell).

(f) SH-78 from its junction with SH-55 (Marsing) to its junction with SH-51; SH-51 to its junction with SH-78; SH-78 to its junction with I-84B (Hammett).

(g) SH-67 from its junction with SH-51 (Mountain Home) to its junction with SH-78 (Grandview).

(h) SH-55 from intersection with Farmway Road to junction with US-95.

(i) SH-25 from its junction with SH-24 to its junction with SH-27 (Paul).

(j) SH-25 from its junction with US-93 to milepost 27 (Hazelton).

(k) SH-24 from intersection with US-93 to its intersection with SH-25.

(l) US-20 from its intersection with New Sweden Road to its junction with SH-22/33.

(m) SH-34 from milepost 78 to the junction with US-91.

(n) US-26 from its junction with US-91 north to its intersection with Gallatin/West 23rd Street in Idaho Falls.

(o) US-91 from the intersection with Canyon Road to the junction with US-26.

(p) SH-22 from its junction with I-15 northbound ramps (Dubois) to its junction with SH-33.

(q) SH-45 from its junction with SH-78 to its junction with I-84 business loop; I-84 business loop to its junction with exit 35 (Nampa Boulevard/Northside Boulevard).

(r) SH-87 from Montana border to junction with US-20.

(s) SH-33 from its junction with SH-31 (Victor) to its junction with SH-33 spur; SH-33 spur to its junction with US-20.

(t) SH-28 from junction with SH-22 to junction with SH-33.

(u) SH-38 from milepost 0.689 to milepost 1.318 at Malad.

(v) SH-27 from its junction with SH-25 (Paul) to its junction with I-84B (Burley); I-84B to its junction with SH-27; SH-27 to milepost 0 (Oakley).

(w) SH-81 from its junction with SH-77 (Malta) to its junction with US-30 (Burley).

(x) US-30 from junction with SH-81 at Burley to junction with SH-50 at Kimberly.

(y) US-93 spur from junction with US-30 to junction with US-93 at Twin Falls.

(z) US-93 from junction with US-93 spur to junction with US-30 at Twin Falls.

(aa) US-30 from junction with SH-74 at Twin Falls to junction with I-84 business loop at Bliss.

(bb) US-26 from its junction with SH-75 (Shoshone) to its junction with I-84 exit 141 westbound ramps (Bliss); I-84 business loop from its junction with I-84 exit 141 westbound ramps to its junction with US-30 (Bliss).

(cc) SH-46 spur from its junction with SH-46 (Wendell) to its junction with I-84 exit 155 eastbound ramps.

(dd) SH-46 from its junction with US-20 to its junction with I-84 exit 157 eastbound ramps (Wendell).

(ee) US-20 from junction with US-93 at Carey to junction with I-84 business loop at interchange 95; I-84 business loop from interchange 95 to junction with SH-51; SH-51 to junction with SH-67.

(ff) SH-51 from junction with SH-67 to junction with SH-78.

(gg) SH-44 from its junction with SH-55 (Eagle) to its junction with I-84 exit 25 eastbound ramps.

(hh) US-20/26 from its junction with US-95 (Parma) to its junction with I-84 exit 26 westbound ramps.

(ii) US-20 from junction with US-33 at Sugar City south to junction with US-20 business loop/Holmes Avenue; US-20 business loop/Holmes Avenue south to junction with US-26/Yellowstone; US-26 from intersection with US-20 business loop/Holmes Avenue south to Gallatin.

Additions or deletions to the approved state routes specified in this subsection shall be made only with the approval of the state legislature.

(5) An annual administrative permit fee for operating on designated routes at the weights specified in subsection (4) of this section shall be set by the board for travel on state routes and by the local public highway agency for travel on routes under its jurisdiction, but not to exceed a maximum of fifty dollars ($50.00) per vehicle. The annual administrative permit fee shall cover administrative costs. Local public highway agencies are authorized to issue special permits and such permits shall be in writing. Administrative permit fees for permits issued by a local public highway agency shall be retained by the local public highway agency to cover administrative costs, and administrative permit fees for permits issued by the department shall be retained by the department to cover administrative costs. In addition to the annual administrative permit fee and the appropriate registration fee for weights up to one hundred five thousand five hundred (105,500) pounds, the appropriate vehicle registration fees for weights over one hundred five thousand five hundred (105,500) pounds shall be calculated and collected in accordance with the fee schedules set forth in section 49-432 or 49-434, Idaho Code.

(6) (a) In any action or proceeding brought for the purpose of setting aside a special permit issued pursuant to this section, in which any party seeks a stay or seeks a temporary restraining order or preliminary injunction against the department, other appropriate authority, the state of Idaho or any party requesting the permit, the court may require bond as provided in rule 65(c) of the Idaho rules of civil procedure, in an amount not to exceed ten percent (10%) of the shipper's or transporter's insured value of the product or material to be transported under the provisions of the permit. If any attorney's fees and/or costs are awarded to the department or other state actor, such bond may be used to satisfy that award and all awarded amounts shall be paid to the state highway account established in section 40-702, Idaho Code.

(b) Where there is a final judgment in an action or proceeding brought for the purpose of setting aside a special permit issued pursuant to this section against the party or parties who brought such action or proceeding, the court may determine the actual damages resulting from the action or proceeding caused to the department or other state actor and may award up to that amount to the party or parties.

History:

[49-1004, added 1988, ch. 265, sec. 275, p. 719; am. 1998, ch. 108, sec. 2, p. 372; am. 1998, ch. 158, sec. 3, p. 542; am. 2000, ch. 418, sec. 16, p. 1359; am. 2003, ch. 315, sec. 2, p. 861; am. 2005, ch. 63, sec. 1, p. 220; am. 2007, ch. 257, sec. 1, p. 763; am. 2007, ch. 258, sec. 1, p. 776; am. 2008, ch. 156, sec. 1, p. 447; am. 2011, ch. 277, sec. 1, p. 753; am. 2013, ch. 152, sec. 1, p. 352.]