2010 Tennessee Code
Title 55 - Motor and Other Vehicles
Chapter 7 - Size, Weight and Load
Part 2 - Weight and Length Specifications
55-7-205 - Permits for moving vehicles of excess weight or size Signs Rules and regulations Fees.

55-7-205. Permits for moving vehicles of excess weight or size Signs Rules and regulations Fees.

(a)  (1)  The commissioner of transportation has the authority to grant special permits for the movements of freight motor vehicles carrying gross weights in excess of the gross weights set forth in § 55-7-203, or dimensions in excess of the dimensions set forth in §§ 55-7-201 and 55-7-202, and shall charge a fee in accordance with the fee schedules contained in subsection (g) for the issuance of a permit for each movement.

     (2)  The fee provisions shall not apply to farm tractors or farm machinery moving on any highway.

     (3)  It is not necessary to obtain a permit, nor is it unlawful to move any vehicle or machinery in excess of the maximum width and height prescribed in § 55-7-202, used for normal farm purposes only where the vehicle or machinery is hauled on a farm truck as defined in § 55-1-119, or the vehicle or machinery is being transported by a farm machinery equipment dealer or repair person in making a delivery of new or used equipment or machinery to the farm of the purchaser, or in making a pickup and delivery of the farm machinery or equipment from the farm to a shop of a farm equipment dealer or repair person for repairs and return to the farm, and the movement is performed during daylight hours within a radius of fifty (50) miles of the point of origin, and no part of such movement is upon any highway designated and known as a part of the national system of interstate and defense highways or any fully controlled access highway facility.

     (4)  It is not necessary to obtain a permit nor is it unlawful to move any trailer or semitrailer utilized for transporting rolled hay bales; provided, that the width of the trailer or semitrailer, including any part of the load, does not exceed ten feet (10¢) (that is five feet (5¢) on each side of the centerline of the trailer or semitrailer), and the movement is performed during daylight hours within a radius of fifty (50) miles of the point of origin and no part of the movement is upon any highway designated and known as a part of the national system of interstate and defense highways or any fully controlled access highway facility or other federal-aid highway designated by the commissioner.

     (5)  No fee authorized by this section shall be charged for the issuance or renewal of such special permits to any retail electric service owned by a municipality or electric cooperative corporation, or to any telephone company or to contractors when they are moving utility poles doing work for such utilities.

     (6)  Upon compliance with the appropriate rules and regulations, such electric services, telephone companies, and their contractors, when they are moving utility poles, may be issued special permits for stated periods not exceeding one (1) year.

     (7)  All fees received shall be paid into the state treasury and placed in the highway fund for the administration of this section.

     (8)  The commissioner has the authority to reduce the maximum gross weight of freight motor vehicles operating over lateral highways and secondary roads where through weakness of structure in either the surface of or the bridges over the lateral highways or secondary roads, the maximum loads provided by law, in the opinion of the commissioner, injure or damage the roads or bridges. The appropriate county officials shall have the same authority as to county roads.

(b)  The commissioner has the authority to grant a special permit with a duration of one (1) year for the movement of a single motor vehicle, that does not exceed the length limitation set forth in § 55-7-115 and the weight limitations set forth in § 55-7-203(3), that has a width greater than one hundred two inches (102²) but not exceeding one hundred eight inches (108²), and that is used exclusively to transport seed cotton modules.

     (1)  This special permit will allow the vehicle to travel upon the interstate system of highways and other federal-aid highways designated by the commissioner.

     (2)  The cost of this special annual permit shall be one hundred dollars ($100).

     (3)  Solely during the harvest season for cotton, the movement of the vehicle operating under a special annual permit shall be unrestricted with respect to day of the week, time or holiday observation. At other times, the movement of the vehicle shall be subject to the rules and regulations which the commissioner has prescribed pursuant to subsection (e).

(c)  The commissioner shall, at each bridge and on each lateral highway or secondary road, post signs indicating the maximum gross weight permitted thereon, and it is unlawful to operate any freight motor vehicles thereon with a gross weight in excess of the posted weight limit, and any person violating the rules and regulations of the commissioner upon the secondary or lateral roads commits a Class A misdemeanor.

(d)  The commissioner of safety shall, with the approval of the governor, provide means and prescribe rules and regulations governing the weighing of freight motor vehicles, which rules and regulations may make allowances for differentials in weight due to weather conditions.

(e)  The commissioner of transportation shall prescribe by orders of general application, rules and regulations for the issuance and/or renewal of these special permits for stated periods not exceeding one (1) year, for the transportation of such oversize, overweight, or overlength articles or commodities as cannot be reasonably dismantled or conveniently transported otherwise, and for the operation of such superheavy or overweight vehicles, motor trucks, semitrailers and trailers, whose gross weight, including load, height, width, or length, may exceed the limits prescribed herein or which in other respects fail to comply with the requirements of this code, as may be reasonably necessary for the transportation of these oversize, overweight, or overlength articles or commodities as cannot be reasonably dismantled or conveniently transported otherwise.

(f)  Permits shall be issued and may be renewed only upon the terms and conditions, in the interest of public safety and the preservation of the highways, as are prescribed in general rules and regulations promulgated by the orders of the commissioner.

(g)  Rules and regulations so prescribed by the commissioner may require, as a condition of the issuance of these permits, that an applicant shall agree to and give bond with surety (unless an applicant shall by sworn statement furnish satisfactory proof of the applicant's own solvency to the authority issuing the permit) to indemnify the state and/or counties thereof, against damages to roads, or bridges, resulting from the use thereof by the applicant. Each permit and bond, if the commissioner so authorizes, may cover more than one (1) vehicle operated by the same applicant. The operation of vehicles, motor trucks, tractors, semitrailers or trailers in accordance with the terms of any such permit shall not constitute a violation of this part; provided, that the operator thereof shall have a permit, or a copy thereof, authenticated as the commissioner may require, in the operator's possession. The operation of any vehicle, motor truck, semitrailer or trailer, in violation of the terms of the permit, constitutes a violation of law punishable under § 55-7-206.

(h)  The commissioner shall charge fees for granting special permits for the movements described in subsection (a) in accordance with the following schedules:

     (1)  Excessive width:

          (A)  Not more than ten feet (10¢), ten dollars ($10.00);

          (B)  Over ten feet (10¢) but not more than twelve feet (12¢), fifteen dollars ($15.00);

          (C)  Over twelve feet (12¢) but not more than fourteen feet (14¢), twenty-five dollars ($25.00);

          (D)  Over fourteen feet (14¢) but not more than sixteen feet (16¢), thirty dollars ($30.00);

          (E)  Except as provided in subdivision (h)(1)(F), over sixteen feet (16¢), thirty dollars ($30.00) plus five dollars ($5.00) for each additional foot or fraction thereof greater than seventeen feet (17¢); and

          (F)  (i)  For houseboats over seventeen feet (17¢), two thousand five hundred dollars ($2,500), plus one hundred dollars ($100) for each additional inch or fraction thereof greater than eighteen feet (18¢).

                (ii)  All permits issued by the department pursuant to subdivision (h)(1)(F)(i) shall require three (3) escort vehicles that comply with the applicable rules and regulations and routing approval from the department. Permits shall only be issued under subdivision (h)(1)(F)(i) for movements on Tuesday, Wednesday or Thursday.

     (2)  Excessive height or length:

Fifteen dollars ($15.00);

     (3)  Excessive weight:

Fifteen dollars ($15.00) plus five cents (5¢) per ton-mile;

     (4)  Evaluation of bridges and similar structures:

          (A)  Movements weighing over two hundred thousand pounds (200,000 lbs.) but not more than three hundred thousand pounds (300,000 lbs.), one hundred dollars ($100);

          (B)  Movements weighing over three hundred thousand pounds (300,000 lbs.) but not more than five hundred thousand pounds (500,000 lbs.), three hundred dollars ($300);

          (C)  Movements weighing over five hundred thousand pounds (500,000 lbs.) but not more than one million pounds (1,000,000 lbs.), five hundred dollars ($500); and

          (D)  Movements weighing over one million pounds (1,000,000 lbs.), actual cost;

     (5)  A permit shall be available from the department of transportation on an annual basis for overdimensional and/or overweight vehicles, except for those vehicles permitted as provided for in subdivision (h)(6), for five hundred dollars ($500) per year for weights up to one hundred twenty thousand pounds (120,000 lbs.) and for one thousand dollars ($1,000) per year for weights in excess of one hundred twenty thousand pounds (120,000 lbs.). Movements in excess of one hundred fifty thousand pounds (150,000 lbs.) shall be required to obtain a special permit at a cost of fifteen dollars ($15.00) plus five cents (5¢) per ton-mile for all weight in excess of one hundred fifty thousand pounds (150,000 lbs.); and

     (6)  A permit shall be available from the department on an annual basis for individual owners of overdimensional boats used strictly for noncommercial pleasure purposes for double the amount of the regular fee described in subdivisions (h)(1) and (2).

(i)  The authority issuing the permits has the right to revoke the permits at any time in the event that in the use of the permit the holder of a permit abuses the privilege given thereby, or otherwise makes wrongful use of the permit. The authorized county authorities (as well as the commissioner) may issue permits, but always consistently with rules and regulations, prescribed by the commissioner, for movements over any and all roads, except city streets, within the limits of the county for which they are acting.

(j)  A violation of a material provision of a special permit shall render it void.

(k)  Any statute, resolution or ordinance to the contrary notwithstanding, the authority of any county or city agency to issue permits is limited with respect to maximums for weight and dimensions to the maximums therefor approved by the commissioner.

[Acts 1933, ch. 35, § 8; 1939, ch. 105, § 7; 1941, ch. 84, § 4; 1945, ch. 164, § 4; mod. C. Supp. 1950, § 2715.4 (Williams, §§ 1166.34, 2715.8); Acts 1953, ch. 7, § 1; impl. am. Acts 1959, ch. 9, § 3; Acts 1976, ch. 592, §§ 1-5; 1977, ch. 96, § 1; 1977, ch. 195, § 1; T.C.A. (orig. ed.), § 59-1111; Acts 1981, ch. 40, § 1; 1981, ch. 448, §§ 7, 10; 1981, ch. 535, §§ 6, 7, 8; 1982, ch. 953, §§ 2, 4, 5; 1983, ch. 319, § 7; 1986, ch. 855, § 2; 1988, ch. 622, §§ 1, 2; T.C.A., § 55-11-205; Acts 1989, ch. 518, § 1; 1989, ch. 591, §§ 1, 6; 1991, ch. 226, § 2; 2000, ch. 669, § 2; 2000, ch. 962, § 2; 2001, ch. 254, § 1.]