Neb. Admin. Code tit. 408 — Operations Division

Chapter 1 Hay Harvesting Permits

Neb. Admin. Code tit. 408, ch. 1 Hay Harvesting Permits {#sec-408-nac-1 omnilex-key=us-ne-regs-official--title-408--408 NAC 1}

001 PURPOSE

The following Rules and Regulations govern permits for mowing and harvesting of hay on the right-of-way of highways of the state highway system in accordance with the requirements of Chapter 39, Article 13, Neb. Rev. Stat. 39-1359.01.

002 DEFINITIONS

002.01 Abutting owner: Owner of land immediately adjacent to the highway right-of-way, including those persons having an intervening strip ownership of land. Some examples of intervening strip ownership include but are not limited to railroads, canal systems, trail systems, etc.

002.02 Aesthetic Mowing. Cutting of hay without baling.

002.03 Assignee: One to whom property rights or powers are transferred by another.

002.04 Department: Nebraska Department of Transportation.

002.05 Freeway: An expressway with full control of access (having no at-grade intersections).

002.06 Harvesting: Cutting of hay and removing hay from the ground by baling.

002.07 Hay: All vegetation including annuals and including woody plants that are one-inch or less in diameter.

002.08 Normal business hours: 8:00 a.m. - 4:30 p.m., Monday through Friday, excludes holidays.

002.09 Owner: A person, other than a lien-holder, having title in whole or part to real estate and entitled to the use and possession, including a person entitled to the use and possession of the real estate under a land contract, 99 year lease, or a lease including any options for extension with at least 50 years to run from the date of acquisition.

002.10 Person: Every natural person, firm, partnership, association, organization, or corporation, both public and private.

002.11 Right-of-Way: Land, property, or interest therein, usually in a strip acquired for or devoted to the state highway system.

003 LIABILITY

003.01 The applicant for a permit shall sign a release acknowledging that the applicant:

003.01A Will assume all risk and liability for hay quality, including any contaminants, which may be contained in the harvested hay.

003.01B Will assume all risk and liability for any accidents and damages that may occur as a result of the work.

003.01C Acknowledges that the State of Nebraska is not liable for work performed by the permittee. )

003.02 The applicant shall provide to the Department an ACORD Certificate of Insurance or substantially equivalent certificate showing the types and amounts of Liability Insurance carried by the applicant and showing that each policy includes coverage of at least one million dollars for mowing, baling, and removing hay from state highway property. The Applicant shall provide the Department with a copy of any policy of insurance used to meet the coverage limits.

003.03 All risk of injury or damage to the permittee, property of the permittee or his or her employees or sub-contractors which may result from debris, foreign objects, or chemical contamination resulting from handling or feeding hay is assumed by the permittee.

003.04 The permittee shall assume all risk and liability for accidents and damages that may occur to persons or property as a result of a permit to harvest hay on the right-of-way. The permittee shall indemnify and hold the Department harmless from any and all costs, liabilities, expenses, suits, judgments, or damages to persons or property, or claims of any nature arising out of or in connection with a permit to harvest hay on the right-of-way or the operation and performance by the permittee, his or her employees or sub-contractors.

003.05 The permittee shall be liable for any damage to Department right-of-way, culverts, bridges, drainage channels, slopes, right-of-way markers, pavement, shoulders, inlets, fences, signs, guardrail, trees and shrubs or appurtenances, or any other thing or device located on the highway right-of-way by permit, as a result of work associated with a permit to harvest hay on the right-of-way.

004 CRITERIA

004.01 Mowing and harvesting of hay may begin on or after July 15 and shall end no later than September 15 of each year. Only one cutting per permit will be allowed.

004.02 The abutting owner or the owner’s assignee shall have priority to receive a permit for such land during normal business hours before 4:30 p.m. from March 1 through July 29 of each year.

004.03 All applicants who are not abutting owners or owners’ assignees shall not be eligible to receive a permit until, and may not apply until, July 30 of each year.

004.04 Applicants who are not abutting owners or owners’ assignees shall be limited to a permit for a distance not to exceed a total of five miles per year. These miles may be on either side of the highway as long as the combined distance on both sides does not exceed five miles. These five miles need not be continuous. Distance will be measured to the nearest tenth (0.1) of a mile and will be referenced to the nearest milepost.

005 REQUIREMENTS

005.01 To assure compliance with Neb. Rev. Stat. 2-945.01 to 2-966, Noxious Weed Control Act, the permittee shall obtain noxious weed identification, location, and demarcation from the County Weed Superintendent prior to harvesting hay on the highway right-of-way. Noxious weeds shall be mowed but not windrowed or baled.

005.02 The permittee shall have a copy of the permit on site during all harvesting activities.

005.03 Vegetation shall be mowed no lower than a height of five inches.

005.04 No selective mowing will be allowed. All vegetation including grasses, weeds, sunflowers, or volunteer growth, excluding landscaping, must be mowed even if not harvested.

005.05 All windrowed vegetation shall be baled within three days, weather permitting.

005.06 Bales of vegetation shall not at any time be located closer than 30 feet from the near edge of pavement.

005.07 All baled vegetation shall be removed from the right-of-way within 10 days after being baled or by September 15, whichever comes first, except during conditions described in section 005.08. Bales not removed within this time limit may be removed and/or disposed of by the Department at a cost chargeable to the permit holder. No baling of mowed hay will be allowed after the expiration date.

005.08 The permit holder shall not engage in harvesting operations during periods when resultant wheel ruts would cause possible drainage or erosion problems. Costs for repair by the Department of damage to the right-of-way caused by such operations will be chargeable to the permit holder.

005.09 No mowing or harvesting shall be allowed on any of the following non-exclusive listed areas:

005.09A On the right-of-way of any interstate or freeway.

005.09B Within 15 feet from the edge of the pavement.

005.09C On slopes steeper than three feet horizontal to one foot vertical.

005.09D On newly seeded areas where adequate vegetation is not established.

005.09E On areas with sparse or marginal vegetative cover as determined by the Department.

005.09F On medians, interchange quadrants, rest areas, and construction zones.

005.09G Within corporate limits.

005.09H On other areas excluded by the Department.

005.10 The harvesting operations by the permittee shall be completed in a workmanlike manner in a way that meets all requirements of these regulations.

005.11 Right-of-way markers, land monuments, fences, signs, landscape plantings or other highway features or structures shall not be removed, altered or damaged. The permittee shall be financially responsible for any damages.

005.12 Hay harvesting operations within the right-of-way shall be confined to the hours between one hour after sunrise to one hour before sunset.

005.13 Equipment shall be parked at the right-of-way line. In no case shall equipment be parked closer than 30 feet from the near edge of the pavement. In the event that right-of-way line is too close to allow the equipment to be greater than 30 feet from the traveled way, the permitee shall park the equipment off the right-of-way.

005.14 All hay harvested from the right-of-way shall be for the private use of the permittee.

005.15 When on foot, all persons shall be required to wear high-visibility safety apparel that meets the performance Class 2 or Class 3 requirements of the ANSI/ISEA 107-2004 publication entitled “American National Standard for High-Visibility Safety Apparel and Headwear.” One Class 2 vest shall be provided per permit. Additional vests may be purchased at cost from the Department.

006 APPLICATION PROCESS

006.01 An application for a permit to harvest hay shall be made to the Department through the District Engineer or designee in charge of the geographic area where the right-of-way is located.

006.02 All submitted applications shall be complete and shall be accompanied by the items noted in Section 003 and shall include the permit fee.

006.02A When the owner(s) are signing for themselves or in designating an assignee, under Section 004.02, all owner(s) must sign the application.

006.03 The permit fee shall be $40. The Department shall annually review the adequacy of the fee based on actual application processing costs, permit reporting costs, and field observation costs.

006.04 The permit fee is not refundable.

006.05 All fees received under this rule and regulation by the Department shall be remitted to the State Treasurer for credit to the Highway Cash Fund.

007 PERMITS

007.01 A permit must be issued before an applicant can begin mowing operations.

007.02 The permittee shall give the Department 48 hours notice of his or her intention to start haying operations. Notification instructions will be identified on the permit.

007.03 The permit shall be non-transferable.

007.04 The permit shall be subject to any laws now in effect or any laws which may be hereafter enacted and all applicable rules and regulations of local, state and federal agencies.

007.05 The permit shall expire on September 15 of the year of issue.

007.06 The Department reserves the right to cancel or modify the permit due to unforeseen circumstances.

007.07 The Department will consider performance and compliance with requirements of the permit when considering whether or not to cancel a permit. Future permits may be denied if a permittee has had a permit cancelled.

007.08 A permit will not be required for the mowing of highway right-of-way by the adjacent property owner or tenant for aesthetic appearances only.

008 FAILURE OF COMPLIANCE

008.01 Any person harvesting hay without a permit shall be subject to the denial of future applications for a permit. Any hay harvested without a permit will become the property of the State and shall be confiscated by the Department. Said person shall be responsible for all incurred costs and damages, and may be prosecuted to the fullest extent of the law for property theft.

008.02 The permittee shall be financially responsible for any damages as described in Section 003.

008.03 Failure of the permittee to comply with these Rules and Regulations including the terms of the permit to harvest hay shall be cause for cancellation of the permit and may result in refusal to grant future permits for harvesting hay.

History

• Effective 2019-06-08

Chapter 3 Permits for Movement of Overweight and/or Overdimensional Vehicles and Loads

Neb. Admin. Code tit. 408, ch. 3 Permits for Movement of Overweight and/or Overdimensional Vehicles and Loads {#sec-408-nac-3 omnilex-key=us-ne-regs-official--title-408--408 NAC 3}

001 DEFINITIONS

001.01 AXLE GROUP: An assemblage of two or more consecutive axles considered together in determining their combined load effect on a bridge or pavement structure.

001.02 CONNECTING MECHANISM: An arrangement of parts interconnecting two or more consecutive axles to the frame of a vehicle in such a manner as to equalize the load between axles.

001.03 DEPARTMENT: The Department of Transportation of the State of Nebraska acting directly or through its duly authorized officers or agents.

001.04 DIVISIBLE LOAD: Any load consisting of a product, material, or equipment which can be reduced in weight and/or size to the specified regulatory limit.

001.05 DUMMY AXLE: A single axle attached to a vehicle or vehicle combination in a manner so that it does not articulate or substantially equalize the load and does not carry at least the lesser of 8,000 pounds or 8 percent of the gross weight of the vehicle or vehicle combination.

001.06 ESCORT VEHICLE: Escort vehicle, as used in these rules shall mean a single vehicle (standard size truck or car) at least 60 inches wide. The vehicle shall have clearly visible and operating yellow or amber flashing, rotating or strobe lighting the base of which shall be mounted a minimum of 53 inches above the roadway on top of the vehicle and be of sufficient size to be seen at a distance of not less than 800 feet. “OVERSIZE LOAD” signs shall be displayed on the escort vehicle at a location clearly visible from the front and from the rear and the signs shall be no less than 5 feet long by 12 inches high with 8-inch letters. Red flags shall be required on all four corners of the escort vehicle. Escort vehicle may also be required to maintain radio communication with the operator of the permitted vehicle.

001.07 FLAG: A plain red cloth or orange, fluorescent cloth marker having a minimum size of 18 inches square in good repair and free of printing or other markings.

001.08 GROSS WEIGHT: The weight of a vehicle and/or vehicle combination with or without load.

001.09 HEIGHT: The total vertical dimension of any vehicle above the ground surface including any load and load-holding device thereon.

001.10 HIGHWAY: The entire width between the boundary limits of any roadway that is on the State and/or Federal system of roadways when any part thereof is open to the public for the purposes of vehicular traffic.

001.11 HOLIDAY/LONG HOLIDAY: Standard dates listed on the Department’s website. Travel is restricted for all over-dimensional permitted vehicles on Holidays and Long Holidays. The specific hours of restriction for each Holiday/Long Holiday are shown on the Department’s website and will be designated on each permit.

001.12 INTERSTATE: Interstate shall mean Nebraska’s National System of Interstate and Defense Highways as identified in §39-2103 and §39-2104

001.13 LENGTH: The total longitudinal dimension of any vehicle or combination of vehicles, including any load or load-holding devices thereon.

001.14 LOAD: A weight or quantity or anything which cannot be readily reduced in size resting upon something else regarded as its support.

001.15 LONG COMBINATION VEHICLE (LCV): Any combination of a truck-tractor and two or more trailers or semi-trailers.

001.16 NON-DIVISIBLE LOAD: A vehicle or load that cannot be dismantled, disassembled, or reduced in size or weight without great difficulty to meet the statutory size and/or weight limits.

001.17 MANUFACTURED HOUSING (CABIN TRAILER/HOUSE TRAILER/MOBILE HOME/MANUFACTURED HOME/TRAILER COACH): A vehicle or device, other than a motor vehicle, for human occupancy which can be drawn by a motor vehicle.

001.18 MOTOR VEHICLE: A vehicle which is propelled by any power other than muscular power.

001.19 OWNER: A person, other than a lien-holder, having property in or title to a vehicle, including a person entitled to the use and possession of a vehicle subject to a security interest in another person, but excluding a lessee under a lease not intended as security.

001.20 PERMIT APPLICANT (APPLICANT): An individual, firm, partnership, corporation or association making application for a special permit to transport a vehicle, combination of vehicles, and/or load which is overweight or overdimensional and under whose authority and responsibility such vehicle or load is transported.

001.21 PERMITTEE: An applicant for a special permit who has received written permission to make an oversize and/or overweight movement.

001.22 POLE CAR: An escort vehicle traveling in front of the permitted load or permitted vehicle that has a height pole attached to the front of the escort vehicle that is used to verify the clearance of overhead obstructions during the transport of overdimensional loads. The measured height at the top of the height pole shall be a minimum of three inches higher than the highest point of the permitted load. A height pole is a measuring device that is precisely attached to the front of a pilot car vehicle that is used to measure the height of overhead obstructions during the transport of over-dimensional loads.

001.23 SELF-PROPELLED SPECIALIZED MOBILE EQUIPMENT: Equipment, including self-propelled oil well servicing units, designed to be on a short chassis to accommodate off-road usage and which cannot be broken down or is not divisible because of its original equipment design.

001.24 SIGNS: Signs posted on an overdimensional vehicle or vehicle combination to warn the public and the authorities about an approaching overdimensional vehicle. Signs shall read “OVERSIZE LOAD.” Signs other than those required in Section 001.06, shall be no less than 7 feet long and 18 inches high. The signs shall be constructed of yellow material with black letters at least 10 inches high.

001.25 SEMI-TRAILER: A vehicle designed for carrying persons or property and drawn by a truck tractor on which part of its weight and load rests.

001.26 SINGLE AXLE: An assembly of two or more wheels, whose centers are in one transverse vertical plane or may be included between two parallel transverse vertical planes 40 inches apart extending across the full width of the vehicle.

001.27 SINGLE AXLE WEIGHT: The total weight transmitted to the road by a single axle.

001.28 SPECIAL PERMIT: A written authorization to move or operate on a highway a vehicle, combination of vehicles or vehicles with indivisible load of size and/or weight exceeding the limits prescribed for vehicles in regular operation.

001.25A SINGLE TRIP PERMIT: A permit for the movement of a vehicle or vehicle combination, with or without load, from a point of origin to a destination point.

001.28B CONTINUOUS (“ANNUAL”) PERMIT: A permit issued for the frequent or repeated movement of a vehicle or a combination of vehicles, with or without loads, to several locations within an area or on designated highways approved by the Department and defined on the permit for a designated period of time not to exceed one year.

001.28C CONDITIONAL INTERSTATE USE PERMIT: A permit issued for vehicles weighing up to 95,000 pounds on the National System of Interstate and Defense Highways (Interstate). No vehicle can exceed 20,000 pounds on a single axle or 34,000 pounds on a tandem axle. The overall gross weight of a group of two or more consecutive axles must conform to the requirements of the Nebraska bridge formula.

001.29 SUPERLOAD: A vehicle or vehicle combination transporting a nondivisible load that is in excess of any of the following dimensions or gross weight:

16 feet in width; 15 feet, 11 inches in height; 150 feet in length; and/or Gross weight over 160,000 pounds.

001.28A A superload permit application will require review and approval by the Lincoln Permit Office and may require review and/or approval by the Bridge Division and/or the District Engineer prior to issuance of the permit. Review and approval by Department staff may take up to ten business days.

001.30 TANDEM AXLE: Any two consecutive axles whose centers are more than 40 inches and not more than 96 inches apart, measured to the nearest inch between any two adjacent axles in the series, and are individually attached to and/or articulated from a common attachment to the vehicle including a connecting mechanism designed to equalize the load between axles.

001.31 TANDEM AXLE WEIGHT: The total weight transmitted to the road by two or more consecutive axles whose center may be included between parallel transverse vertical planes spaced more than 40 inches and not more than 96 inches apart, extending the full width of the vehicle.

001.32 THREE AXLE GROUP: Any group of three axles where the distance between the extremes of the first and third axle is at least 96 inches.

001.33 TIRE, PNEUMATIC: A tire of rubber or other resilient material which depends upon compressed air for support of a load.

001.34 TRAILER: A vehicle designed for carrying persons or property and drawn by a motor vehicle which carries no part of the weight and load of the trailer on its own wheels.

001.35 TRAVELED WAY: The portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes.

001.36 TRUCK: A motor vehicle designed, used, or maintained primarily for the transportation of property.

001.37 TRUCK-TRACTOR: A motor vehicle designed for drawing other vehicles, but not for a load other than a part of the weight of the vehicle and load drawn.

001.38 VEHICLE: A device in, upon or by which any person or property may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks.

001.39 WIDTH: The total outside transverse dimension of vehicle including any load or load-hold devices thereon but excluding approved safety devices and tire bulge due to load.

002 MOVEMENTS REQUIRING OVERWEIGHT AND/OR OVERDIMENSIONAL PERMITS

002.01 The issuance of a permit for the movement of a vehicle or combination of vehicles with or without a load which exceeds any legal weight or size limitation is subject to the discretion of the Department. Before issuing any permit, the Department shall first give consideration to the safety and convenience of the general public and the protection of the State Highway System and second, to the reasonable necessity and good cause being shown for the movement.

002.02 Permits shall be required for the movement, except the crossing of a highway, of the following:

002.02A A vehicle or combination of vehicles, with or without load, which exceeds the gross load permitted by the statutes.

002.02B A vehicle or combination of vehicles, with or without load, when any axle weight exceeds the limit imposed by law for the axle spacing.

002.02C A vehicle or combination of vehicles, with or without load, when the maximum width exceeds 8 feet, 6 inches, exclusive of safety and energy conservation devices, such as rearview mirrors, turn signal lamps, marker lamps, steps and handholds for entry and egress, flexible fender extensions, mudflaps and splash and spray suppressant devices, load-induced tire bulge, and other devices necessary for safe and efficient operation of motor vehicles, except that no device excluded from the limitations of this law shall have by its design or use the capability to carry cargo.

002.02D A vehicle or combination of vehicles, with or without load, when the maximum height exceeds 14 feet, 6 inches.

002.02E A vehicle, with or without load, having an overall length exceeding 40 feet, except as noted in Subsection 002.02G.

002.02F A combination of vehicles, with or without load, when the maximum length exceeds 65 feet, except as noted in Subsection 002.02G.

002.02G Statutory exceptions to the permit requirements for vehicles and combination vehicles are shown in Annex A to these regulations.

002.03 A special permit may be issued for the movement of a vehicle or a vehicle combination having a non-divisible load that exceeds the legal limitations by statute with regard to weight, height, length or width, or a combination of the above.

002.03A Special Permit for a Non-Divisible Load on a Truck-Tractor Semi-Trailer Combination – Tandem Axle Weight Allowance A Special Permit may be issued for a non-divisible load on a Truck-Tractor Semi-Trailer combination vehicle so long as (a) the gross weight on the tandem axle on the Truck-Tractor does not exceed 46,000 pounds, (b) the gross weight on the tandem axle on the semi-trailer does not exceed 46,000 pounds, and (c) the overall gross weight of the entire vehicle and load does not exceed 106,000 pounds. The permit is not valid unless each tire in each tandem group is appropriately rated. To the maximum extent practicable, the weight allowed on each tandem axle must be evenly distributed over each axle of the tandem.

002.03B For permitted loads under 002.03A passing through Nebraska, the following routes must be used (see Appendix A, Map 1):

002.03B1 East-West Routes:

Interstate 80, Iowa Border to the Wyoming border;

Interstate 76, Colorado border to the I-80 interchange;

002.03B2 Western Nebraska North-South Route between Colorado and South Dakota:

N-71 at the Colorado border to I-80 interchange at Kimball, I-80 East to N-71 interchange at Kimball, N-71 North to N-26; N-26 West to US-385; US-385 North to the South Dakota border.

002.03B3 Central Nebraska North-South Route between Kansas and South Dakota:

US-183 at the Kansas border to I-80 interchange at Elm Creek, I-80 East to US-281 at Grand Island Interchange; US-281 north through Grand Island to the N-2 Interchange; N-2 West to US-83; US-83 North to the South Dakota Border.

002.03C For permitted loads under 002.03A that originate or are delivered within Nebraska, the routes designated in 002.03B shall be used as much as possible with the remainder of the route being specified by the Department.

003 APPLICATION FOR, AND GENERAL PROVISIONS GOVERNING, OVERWEIGHT AND/OR OVER- DIMENSIONAL PERMITS

003.01 Application for the following permits may be made at the Department’s official website, http://dot.nebraska.gov, the Department’s Permit Office in Lincoln, or one of the Department’s District offices. All permits will be issued utilizing the Department’s automated permit system.

003.02 The following types of permits are available utilizing the Department’s automated permit system:

Single Trip: Overdimensional Only Overweight Only Overdimensional and Overweight Self-Propelled Vehicle Two-Axle Flotation Manufactured Housing: New Dealer Pre-Owned Continuous: Local Overdimensional Only Local Overweight Only Local Overdimensional and Overweight Local Self Propelled Local Two-Axle Flotation Statewide Envelope Statewide Empty Trailer Other: Conditional Interstate Use Building/Slow-Moving Large Object Garbage/Refuse Seasonally-Harvested Products Annual Implement of Husbandry for I-80 (Only for Dealers) Interstate Baled Livestock Forage Permit Highway 75 Implement of Husbandry Permit Extra-Long Vehicle Combinations

003.03 The granting of a permit shall not constitute a waiver of any license or registration requirements imposed by the State of Nebraska.

003.04 The granting of a permit does not waive any liability or responsibility of the applicant which might accrue from any property damage, including damage to the highways, or for personal injuries.

003.05 The granting of a permit does not exempt the applicant from compliance with any ordinances, Rules and Regulations of any local authority.

003.06 Before granting any permit, the Department, at its discretion, may also require the vehicle owner or operator to furnish a certificate showing the amount of public liability and property damage insurance carried. The Department, at its discretion, may also require the vehicle owner or operator to furnish additional security to the Department, in an amount and manner to be determined by the Department, to indemnify it for all damage that may be done to the highway or any highway appurtenance by such vehicle.

003.07 A vehicle or combination of vehicles for which an application for an overweight permit is requested pursuant to this section shall be registered under Section 60-305.09 Neb. Rev. Stat. or 60-331 Neb. Rev. Stat. for the maximum gross vehicle weight that is permitted pursuant to Sections 60-6,294 and 60-6,295 Neb. Rev. Stat., before a permit shall be issued.

003.08 The granting of a permit shall not be construed as waiving any weight limitation which has been or may be established on any highway or any bridge thereon.

003.09 A permit will only be granted for the movement of any vehicle or combination of vehicles exceeding the legal weight limitation, with or without load, when all tires on the permitted vehicle are pneumatic tires.

003.10 Dummy axles shall be disregarded in determining the lawful weight of a vehicle or vehicle combination for operation on the Nebraska Highway System. Dummy axle shall mean an axle attached to a vehicle or vehicle combination in a manner so that it does not articulate or substantially equalize the load and does not carry at least the lesser of 8,000 pounds or 8 percent of the gross weight of the vehicle or vehicle combination.

003.11 The Department may, if deemed necessary, require the applicant to furnish a “weigh ticket” from a certified scale on each axle and the gross weight of the vehicle or vehicle combination and may require the weighing in the presence of a representative of the Department or a representative of the Nebraska State Patrol.

003.12 A load shall be transported by a vehicle or combination of vehicles so that the least width or length dimension becomes the width of the load. The load shall be transported such that no part of it will extend across the centerline of the road except when necessary to avoid a collision with objects located near the edge of the road.

003.13 Peak Travel Time Restrictions – Lincoln-Omaha Areas. Travel under an overdimensional vehicle permit will not be allowed Monday through Friday from 7:00 am to 9:00 am and from 4:00 pm to 6:00 pm on the routes or within the areas described below:

003.13A Routes or Areas:

003.13A1 City of Lincoln: Those parts of the following State Highways within the corporate limits of Lincoln, not including Interstate 80: Highways 2, 6, 34 and 77 (except where Highway 77 co-exists with I-80) (See Appendix A, Map 2)

003.13A2 Omaha Urban Area: All State Highways in and near the Omaha urban area including National System of Interstate and Defense Highways, bounded by and including (See Appendix A, Map 3):

Highway NE-36 on the north, Highway NE-31/US-6 to the west, Highway NE-370 to the South, and the Iowa border to the east.

003.13A3 The Omaha Urban Area also includes Interstate 80 from the Iowa border to milepost 432 at the Gretna Interchange (See Appendix A, Map 3).

003.14 The movement of an overdimensional vehicle or load by permit shall be limited to 30 minutes before sunrise to 30 minutes after sunset, and such moves will be prohibited on a holiday as defined in Section 001 (“Holiday” and “Long Holiday”), unless otherwise specifically indicated on the permit form.

003.15 The movement of an overweight only vehicle or load, by permit, shall be permitted 24 hours per day, 7 days per week.

003.16 Movement by special permit may at any time be delayed when traffic, weather or other conditions on the State highways are determined to constitute a hazard by the Nebraska State Patrol or the Department’s personnel.

003.16A Wet pavement, light drizzle, or wind less than 25 miles per hour is not considered inclement weather for purposes of permit movements. If adverse weather or road conditions are encountered during operation, the permitted vehicle must proceed to the next available safe place off the roadway and park until conditions improve. Nebraska State Patrol Officers or local law enforcement officers or the Department’s personnel may further restrict or prohibit operation of permitted vehicles during periods when, in their judgment, weather or other hazardous conditions make continued operation unsafe.

003.16B Terms and conditions for restrictions due to weather will be set out on the individual permit. Single Trip and Manufactured Housing restrictions due to weather are defined as follows:

003.16C Single Trip: Travel for overweight single trip permits “ONLY” is not restricted due to weather conditions. Travel for overdimensional single trip permits is prohibited if any of the following adverse or inclement weather conditions exist:

003.16C1 Winds cause a hazard to movement.

003.16C2 Visibility is less than one-half mile.

003.16C3 Rain, sleet or snow.

003.16C4 Highway surfaces are slippery due to ice, snow, packed snow, slush or frost.

003.16C5 Debris from an accident, natural disaster, or emergency on the highway.

003.16D Manufactured Housing: Permit travel is prohibited if any of the following adverse or inclement weather conditions exist:

003.16D1 Winds velocity exceeds 25 miles per hour.

003.16D2 Visibility is less than one-half mile.

003.16D3 Rain, sleet or snow.

003.16D4 Highway surfaces are slippery due to ice, snow, packed snow, slush, or frost.

003.16D5 Debris from an accident, natural disaster, or emergency on the highway.

003.17 Permits will not be issued for vehicles or loads which can be reduced to comply with the size and weights permitted by statutes (divisibility of vehicles or loads).

003.18 The Department shall require “OVERSIZE LOAD” signs and flags as follows:

003.18A On loads more than 10 feet in width, signs stating “OVERSIZE LOAD” must be displayed to the front of the hauling vehicle and the rear of the load. The signage must comply with requirements in Section 001.23.

003.18B On loads more than 12 feet in width, red flags, not less than 18 inches square, must be displayed on all four corners of the vehicle or vehicles.

003.19 Escort vehicles/light bar requirements for overdimensional vehicles and loads.

003.19A Escort vehicles conforming to the requirements of Section 001.06 may be required for the movement of overdimensional vehicles or loads when such vehicles or loads exceed:

003.19A1 8 feet, 6 inches in width.

003.19A2 90 feet in length.

003.19A3 14 feet, 6 inches in height.

003.19B One escort vehicle conforming to the requirements of Section 001.06 is required for the movement of overdimensional vehicles or loads with the following dimensions:

003.19B1 12 to 16 feet in width;

003.19B2 125 to 150 feet in overall length;

003.19C Two escort vehicles, one to the front and one to the rear of the permitted load, conforming to the requirements of Section 001.06 are required for the movement of overdimensional vehicles or loads with the following dimensions:

003.19C1 greater than 16 feet in width;

003.19C2 greater than 150 feet in overall length.

003.19D Position of escort vehicles:

003.19D1 All undivided highways - to the front of the overdimensional vehicle or load.

003.19D2 Divided highways - to the rear of the overdimensional vehicle or load. (See limited exception in 003.18E.)

003.19D3 Escort vehicle must travel no more than 300 feet from the overdimensional vehicle or load.

003.19E The use of a rear escort vehicle under 003.18 is not required only when all of the conditions of 003.18E1 and 003.18E2 are met:

003.19E1 The permitted vehicle is traveling on a State freeway, expressway or rural divided highway (See definitions in Neb. Rev. Stat. §§60-621,60-618.01 and 60-618.) (See NDOT Website for a listing of the routes or segments of routes for which this limited exception applies.) Such a vehicle is allowed to also travel without a rear escort vehicle for short distances along adjoining State highways at interchanges and intersections solely to use adjacent facilities for food, fuel, repair, or lodging.

003.19E2 The trailer of the vehicle has backward facing, clearly visible and operating yellow or amber flashing, rotating or strobe lighting. Such lighting may not be covered or obstructed by the load and shall be bright enough to be visible at a distance of 800 feet behind the vehicle.

003.20 Vehicles with a permit to travel on Interstate 80 without an escort vehicle may only travel on the designated and approved route noted on the permit unless directed to exit by law enforcement or an NDOT official. When directed to exit Interstate 80, the permitted vehicle may only use the following pre-approved detour routes and must return to the permitted route at the nearest possible location.

The following are the three pre-approved detour routes for Interstate 80 in Western, Central and Eastern Nebraska:

003.20A Western Detour Route. U.S. Highway 30 between milepost 0.00 at the Wyoming State Line on US-30 and Milepost 312.93 on US-30 at the intersection of US-30 and US-281 in Grand Island.

003.20B Central Detour Route. U.S. Highway 34 between milepost 231.16 at the intersection of US-34 and US-281 in Grand Island and US-34 at Milepost 320.96 at the intersection of US-34 and I-80 north of Lincoln.

003.20C Eastern Detour Route. U.S. Highway 6 between milepost 323.35 at the intersection of US-6 and I-80 west of Waverly and US-6 at Milepost 345.47 at the intersection of US-6 and I-80 south of Gretna.

At no time shall a permitted vehicle travel on the Nebraska State Highway System without an escort vehicle except as allowed above. If travelling on one of these detour routes without an escort, the permitted vehicle must comply with the trailer lighting requirements in Section 003.19E2.

003.21 Pole Cars

003.21A On loads which exceed 14 feet, 6 inches in height, a pole car may be required to the front of the overdimensional vehicle or load.

003.21B On loads 16 feet in height or higher, a pre-run route survey shall be required and provided to the Department in writing prior to issuance of a permit and a pole car shall be required to the front of the overdimensional vehicle or load.

003.21C A route survey supplied to the Department in writing may be required for any overdimensional load prior to issuance of a permit.

003.22 A permit is not required for the crossing of a State highway at a local road intersection.

003.23 The permittee shall assume the risk of loss to the vehicle or its load and shall be liable for any damages that result to overhead obstructions from operation of a vehicle exceeding 12 feet, 6 inches in height.

003.24 Any permit may be revoked at any time by a law enforcement officer or by written notice of the Department for failure to comply with any of the terms and conditions of the permit and rules and regulations of the Department

004 PROVISIONS APPLICABLE TO SINGLE TRIP OVERWEIGHT AND/OR OVERDIMENSIONAL PERMITS, EXCEPT MANUFACTURED HOUSING

004.01 A Single Trip Permit may be issued for the movement of a vehicle or combination of vehicles, which in itself exceeds the legal limitations with regard to weight, height, length or width, only when unladen or when the load to be carried exceeds the dimensions of the vehicle or combination of vehicles.

004.01A In no case shall a single axle exceed 20,000 pounds either alone or in a group of axles except as covered in subsections 002.03A or 004.01A through C. The Department has the discretion to exceed this 20,000 pound limitation for certain loads, including, but not limited to Superloads, so long as the overall weight of the load is distributed over more than one lane. The distance between the interior of the external axles must be at least 14 feet (see Illustration A below). The application shall include a drawing which depicts axle weights, axle spacings and dimensions of the vehicle for consideration by the Department.

004.01B A Single Trip Permit may be issued for construction equipment that is driven on the road, provided it is equipped with flotation tires that do not exceed the limits for individual tire specifications. The individual tire sizes will be required by the Department for permit issuance and will be placed on the permit.

004.01C A Single Trip Permit may be issued for self-propelled specialized mobile equipment including self-propelled oil well servicing units, provided that no single axle shall exceed 25,000 pounds, no tandem axle shall exceed 47,000 pounds, no triple axle shall exceed 60,000 pounds and no quad axle shall exceed 80,000 pounds. In no case shall the maximum gross weight exceed 94,000 pounds on a four-axle unit, 107,000 pounds on a five-axle unit or 120,000 pounds on a six-axle unit. On all specialized mobile equipment of seven axles or more, a review of the route by the Department’s Permit Office and Bridge Division will be required.

004.01D A Single Trip Permit may be issued for Two-Axle Flotation equipment provided that no single axle exceeds 55,000 pounds and the gross weight does not exceed 90,000 pounds. A Single Trip Two-Axle Flotation Permit may also be subject to the limitations set out in 005.06B.

004.01E An issued permit will be valid for a period not to exceed 10 moving days. The move must be made within this time period and in accordance with these regulations.

004.02 SUPERLOADS Single Trip Permits for special overweight and/or overdimensional movements (Superloads) must be reviewed by and approved by the Lincoln Permit Office and may require review and approval by the Bridge Division and/or District Engineer prior to issuance of a permit. Request may be required in writing and take up to five working days for review and approval.

005 PROVISIONS APPLICABLE TO THE ISSUANCE OF CONTINUOUS (“ANNUAL”) OVERWEIGHT AND/OR OVERDIMENSIONAL PERMITS

005.01 GENERAL A Continuous (“Annual”) Permit may be issued as defined in this chapter for the frequent or repeated movement of a vehicle or combination of vehicles, with or without loads, within an area or on designated highways approved by the Department for a designated time period not to exceed one year.

005.01A A Continuous Permit may be issued in 90-day increments with the total not to exceed one year. The Department may limit the length of time when an overweight Continuous Permit is valid to assure against undue damage to the road foundations, surface or structures.

005.01B A Continuous Permit may not be transferred to any other vehicle.

005.01C Some restrictions beyond those described in this chapter may be required on individual permits.

005.01D The permittee shall assume the risk of loss to the vehicle or its load and shall be liable for any damages that result to overhead obstructions from operation of a vehicle exceeding 12 feet, 6 inches in height.

005.01E The permittee shall be aware of construction zones with width restrictions and not enter those zones with allowable widths less than those permitted by the Continuous Permit.

005.02 STATEWIDE PERMIT

005.02A A Continuous Statewide Permit may be issued for movement on all highways on the State and National system for a specific vehicle or combination of vehicles, with or without a load that meets the following conditions:

005.02A1 The overall width of the vehicle and empty semi-trailer or the semi-trailer and load may not exceed 10 feet, with the load being the extreme dimension;

005.02A2 The overall height may not exceed 15 feet;

005.02A3 The length of a single empty semi-trailer may not exceed 60 feet;

005.02A4 The length of a single semi-trailer with load may not exceed the legal length of 53 feet;

005.02A5 Triple axle groups are the maximum allowed;

005.02A6 A single axle, either alone or in an axle group, may not exceed 20,000 pounds;

005.02A7 Any tandem or triple axle group and gross weight may exceed the legal axle group and gross legal weight by 10 percent.

005.02B The Department will determine the maximum allowable permitted gross weight of the vehicle or combination of vehicles based on the axle groups and axle spacing.

005.03 CONTINUOUS LOCAL OVERWEIGHT AND/OR OVERDIMENSIONAL PERMITS

005.03A A Continuous Local Overweight and/or Overdimensional Permit may be issued for a specific tractor or tractor and semi-trailer hauling or towing a specific overweight and/or overdimensional load or machine used by a local business as described in more detail below.

005.03A1 The permit can be granted in the county where the local business either:

005.03A1a Has licensed the specific vehicle in the county, or

005.03A1b Has and maintains a headquarters, regional, central, main, or satellite business office in the county.

005.03A2 The permit may not be granted for a business that has only a temporary construction site, moveable office or trailer, or project specific short-term rental or occupancy of any property in a county.

005.03A3 The permit allows the use of State Highways in the County where the vehicle is licensed, or where the local business is located as set forth in subsection 005.03A1b, above, but also allows travel on State Highways within the borders of any counties that share a border with the originating county.

005.03B The Department will determine the maximum allowable permitted gross weight of the vehicle or combination of vehicles based on the axle groups and axle spacing.

005.03C The Continuous Local Permit will only be issued for vehicles that are properly licensed and registered in Nebraska.

005.03D The Continuous Local Permit does not apply to self-propelled specialized mobile equipment as described in Section 005.04 and Section 005.05.

005.03E The Continuous Local Permit will only be available with the following limitations:

005.03E1 The overall width may not exceed 14 feet, 0 inches with the load being the extreme dimension;

005.03E2 The overall height may not exceed 15 feet, 6 inches;

005.03E3 The overall length may not exceed 75 feet, 0 inches;

005.03E4 Triple axle groups are the maximum allowed on overweight continuous permits;

005.03E5 Quad axle groups may be allowed on overdimensional only loads;

005.03E6 No axle, either single or in a group of axles, may exceed 20,000 pounds;

005.03E7 The maximum allowable weight on the interior bridge or axle groups shall not exceed 25 percent of legal weight.

005.04 CONTINUOUS LOCAL SELF-PROPELLED PERMIT

005.04A A Continuous Local Self-Propelled Permit may be issued for a specific self-propelled specialized mobile piece of equipment, including self-propelled oil well servicing units, used by a local business as described in more detail below.

005.04A1 The permit can be granted in the county where the local business either:

005.04A1a Has licensed the specific vehicle in the county, or

005.04A1b Has and maintains a headquarters, regional, central, main, or satellite business office in the county.

005.04A2 The permit may not be granted for a business that has only a temporary construction site, moveable office or trailer, or project specific short-term rental or occupancy of any property in a county.

005.04A3 The permit allows the use of State Highways in the County where the vehicle is licensed, or where the local business is located as set forth in subsection 005.03A1b, above, but also allows travel on State Highways within the borders of any counties that share a border with the originating county.

005.04B A Continuous Local Self-Propelled Permit will only be available with the following limitations:

005.04B1 The overall width may not exceed 14 feet, 0 inches;

005.04B2 The overall height may not exceed 15 feet, 6 inches;

005.04B3 The overall length may not exceed 80 feet, 0 inches;

005.04B4 No axle, either single or in a group, may exceed 25,000 pounds;

005.04B5 No tandem axle group may exceed 47,000 pounds;

005.04B6 No triple axle group may exceed 60,000 pounds;

005.04B7 No quad axle group may exceed 80,000 pounds;

005.04B8 In no case shall the maximum gross weight exceed 94,000 pounds on a four-axle unit, 107,000 pounds on a five-axle unit and 120,000 pounds on a six-axle unit.

005.04B9 No unit with greater than six axles will be allowed under this permit.

005.04C The Continuous Local Self-Propelled Permit will only be issued for vehicles that are properly licensed in Nebraska, if the vehicles are required to be licensed as motor vehicles in Nebraska.

005.05 INTERSTATE SELF-PROPELLED PERMIT

005.05A A Continuous Permit for self-propelled specialized mobile equipment, including self-propelled oil well servicing units may be issued for movement statewide on the National System of Interstate and Defense Highways that meets the following conditions:

005.05A1 The overall width may not exceed 10 feet, 6 inches;

005.05A2 The overall height may not exceed 15 feet, 0 inches;

005.05A3 The overall length may not exceed 80 feet, 0 inches;

005.05A4 No single axle, either alone or in an axle group, may exceed 20,000 pounds;

005.05A5 No unit with greater than six axles will be allowed under this permit.

005.05B The Continuous Interstate Self-Propelled Permit will only be issued for vehicles that are properly licensed in Nebraska if the vehicles are required to be licensed as motor vehicles in Nebraska.

005.06 CONTINUOUS LOCAL TWO-AXLE FLOTATION PERMIT

005.06A A Continuous Local Two-Axle Flotation Permit may be issued for a specific two-axle vehicle with flotation tires, used by a local business as described in more detail below.

005.06A1 The permit can be granted in the county where the local business either:

005.06A1a Has licensed the specific vehicle in the county, or

005.06A1b Has and maintains a headquarters, regional, central, main, or satellite business office in the county.

005.06A2 The permit may not be granted for a business that has only a temporary construction site, moveable office or trailer, or project specific short-term rental or occupancy of any property in a county.

005.06A3 The permit allows the use of State Highways in the County where the vehicle is licensed, or where the local business is located as set forth in subsection 005.03A1b, above, but also allows travel on State Highways within the borders of any counties that share a border with the originating county.

005.06B A Continuous Local Two-Axle Flotation Permit will only be available with the following limitations:

005.06B1 The overall width may not exceed 14 feet, 6 inches;

005.06B2 The overall height may not exceed 15 feet, 6 inches;

005.06B3 The vehicle is empty;

005.06B4 Loadings shall not exceed the limits for individual tire specifications. The individual tire sizes will be required by the Department for permit issuance and will be placed on the permit;

005.06B5 Vehicles may not have more than two axles with no single axle exceeding 55,000 pounds and the gross vehicle weight may not exceed 90,000 pounds.

005.06B6 The Continuous Two-Axle Flotation Permit will only be issued for vehicles that are properly licensed in Nebraska if the vehicles are required to be licensed as motor vehicles in Nebraska.

005.06C Some travel restrictions may be required and listed on individual permits. All travel restrictions must be fully complied with.

005.07 The Continuous Local Overweight and/or Overdimensional Permit described in Section 005.03, the Continuous Local Self-Propelled Permit described in Section 005.04 and the Continuous Two-Axle Flotation Permit described in Section 005.06 SHALL NOT BE VALID FOR THE NATIONAL SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS.

006 PROVISIONS APPLICABLE TO THE MOVEMENT OF OVERDIMENSIONAL AND/OR OVERWEIGHT MANUFACTURED HOUSING

006.01 Permits may be issued for single trip movement of manufactured housing not exceeding 16 feet in width from 30 minutes before sunrise to 30 minutes after sunset over specified routes to be designated by the Department subject to all Regulations herein contained and all State and Federal laws or applicable Regulations.

006.02 A permit, if issued, will be valid for a period not to exceed 10 moving days, days on which the move may be made in accordance with these Regulations.

006.03 Before a permit will be issued for the movement of an overdimensional manufactured housing, the towing or hauling unit must have a valid license plate for operation on Nebraska’s highways. The mover shall acquire insurance with a company authorized to do business in Nebraska for a Business Automobile Insurance Policy, or equivalent policy (ACORD FORM) of not less than $1,000,000 for bodily injury and property damage per occurrence. The driver shall carry either the policy, or a card issued by the company showing the company’s name, address, amount of insurance, policy number, and expiration date of the policy.

006.04 When towing manufactured housing on a highway outside of the city limits of any incorporated city or town, the minimum speed shall be 35 miles per hour or as posted, except when road conditions or traffic are such that minimum speed cannot be safely maintained. Manufactured housing shall not obstruct traffic while in transit. If traffic backs up behind such a vehicle, the driver shall remove it from the roadway at the earliest opportunity to permit the traffic to pass.

006.05 In case of breakdown, the manufactured housing must be moved off the traveled portion of the highway. In the event that the breakdown is such that the vehicle cannot be moved at once, a flagman must be placed by the mover and kept on duty on the highway 500 feet in each direction from the vehicle until it is moved off the traveled portion of the road.

006.06 No overdimensional manufactured housing or its towing vehicle shall infringe upon the opposite bound lane of a two-lane pavement or overhang an adjoining lane of a multiple-lane pavement, regardless of the width of the lane on which it is traveling, except on a bridge having a width that would require a flagman.

006.07 During the movement of overdimensional manufactured housing, a sign reading “OVERSIZE LOAD” shall be attached to the front of the towing or hauling vehicle, and to the rear of the manufactured housing trailer. Both signs must comply with the requirements of Section 001.22.

006.08 Warning flags not less than 18 inches square shall be displayed on all four corners of an overwidth manufactured housing, being towed, during movement on the highway.

006.09 All overdimensional manufactured housing being towed shall be equipped with red lights on the rear, green or amber reflectors or lights on the front, and electric turn signals and clearance lights as required by the Nebraska Statutes.

006.10 Movement upon a State Highway or the National System of Interstate and Defense Highways may be required to be guarded by escort vehicles traveling approximately 300 feet to the front or to the rear or both. Movement on any State highway having a bridge or underpass with a clear roadway width of less than 20 feet shall be guarded with a flagman at the far side of the bridge or underpass to stop oncoming traffic while the manufactured housing is crossing the bridge or underpass.

006.11 Fourteen- or 16-foot-wide manufactured housing may be issued a permit to move on the National System of Interstate and Defense Highways if their movement is guarded by an escort vehicle, or without an escort vehicle under the following conditions; operating amber or yellow flashing, rotating or strobe lighting shall be mounted on top of the home at the rear in the center of the 14-foot or 16-foot width or an alternate light bar attachment with a right and left-mounted amber or yellow flashing, rotating, or strobe lighting mounted on the rear of the towed unit; the lights on the bar shall be located a minimum of 8 feet above the roadway; the amber or yellow flashing, rotating, or strobe lighting shall be of sufficient size to be seen at a distance of not less than 800 feet. If an escort vehicle is required in the movement of manufactured housing on the National System of Interstate and Defense Highways, the escort vehicle must comply with Section 001.06 of these Rules and Regulations.

006.12 An escort vehicle shall be required to the front of the towing unit in the moving of all 14- and 16-foot-wide manufactured housing on the State Highway System when a permit is required for the movement. The escort vehicle shall comply with Section 001.06 of these Rules and Regulations. The provisions of this rule and regulation shall not apply to manufactured housing in compliance with Section 006.11 moving on the National System of Interstate or Defense Highways or upon four-lane divided State Highways.

006.13 “OVERSIZE LOAD” signs are not to be displayed on the escort vehicle when not escorting a manufactured housing. Flashing or rotating lights are not to be in operation on the escort vehicle when not escorting a manufactured housing. The Department at its discretion, may require an escort vehicle to be used on any highway, bridge thereon or on any size or type of manufactured housing.

006.14 The vehicle used in towing or hauling a manufactured housing shall be a truck or truck-tractor at least 12,000 pounds manufacturer’s gross vehicle weight rating, shall have dual wheels on the drive axle, and a four-speed transmission or its equivalent. The wheel base of the vehicle shall not be less than 120 inches. If hauling the trailer, the vehicle directly shall be the same but shall be equipped with a fifth wheel mounted directly above the rear axle of the truck-tractor. A ball and socket trailer hitch behind the rear axle will not be considered a fifth wheel.

006.15 The towing vehicle and manufactured housing shall not exceed 16 feet in width excluding approved safety devices on the towing vehicle, nor shall the maximum out-to-out tire width of the manufactured housing exceed 120 inches. All appurtenances extending or protruding beyond the body of a 10-, 12-, 14-, or 16-foot- wide mobile home or modular manufactured housing shall be removed.

006.16 All towing vehicles shall be equipped with power brakes and all trailers shall have brakes on at least four wheels with such brakes being of a type that are controlled from the cab of the towing vehicle and have automatic application in case of breakaway. Trailers manufactured and maintained in conformance with Federal Manufactured Housing Construction and Safety Standards shall be exempt from the requirements of this subsection. The brakes on both the towing unit and the manufactured housing must comply with the requirements, including stopping distance set out in the Nebraska Statutes or by applicable Federal Manufactured Housing Construction and Safety Standards.

006.17 The hauling vehicle and the semi-trailer shall be equipped with power brakes on all wheels and of the type controlled from the cab. The brakes shall comply with the requirements for brakes, including stopping distance required by Nebraska Statutes.

006.18 All serial, HUD or seal numbers, make and model of the overdimensional manufactured housing transported must be shown on the application. All appurtenances, such as steps, awnings, etc., except required safety devices, shall be removed.

006.19 All manufactured housing shall have at least two axles equipped with brakes on at least two wheels, and/or must comply with Federal and State Construction and Safety Standards.

006.20 The combined length of the manufactured housing and the towing vehicle shall not exceed an overall length of 125 feet.

006.21 No permit shall be issued unless a tax certificate from the county where the property is located is presented and shows all taxes due are paid in full, except that no tax certificate shall be required if the movement contemplated is between a manufacturer and a licensed dealer or between two licensed dealers or between a licensed dealer’s place of business or storage area and a bona fide customer to whom title to the manufactured housing has passed or does pass within a reasonable time after movement.

007 PROVISIONS APPLICABLE FOR ISSUANCE OF OTHER OVERWEIGHT AND/OR OVERDIMENSIONAL PERMITS

007.01 TYPES OF PERMITS The following types of permits may be issued:

007.01A Harvest Permits

007.01B Garbage Permits

007.01C Interstate Implement of Husbandry Permits

007.01D Highway 75 Implement of Husbandry Permits

007.01E Interstate Baled Livestock Forage Permits

007.02 HARVEST PERMITS

007.02A A Harvest Permit may be issued to a carrier when hauling grain or other seasonally harvested products from the field where such grain or products are harvested to storage, market, or stockpile in the field or from stockpile to market or factory when failure to move such grain or products in abundant quantities would cause an economic loss to the person or persons whose grain or products are being transported or when failure to move such grain or products in as large quantities as possible would not be in the best interest of the National Defense or general welfare.

007.02B HARVEST PERMITS – NOT REQUIRED Harvest Permits are not required by Neb. Rev. Stat. 60-6,301(5) for any motor vehicle, semi-trailer, or trailer hauling grain or other seasonally harvested products up to 70 miles from the field to storage, market, or stockpile in the field or from stockpile to market or factory with a load that exceeds the maximum load permitted by Neb. Rev. Stat. 60-6,294 by 15 percent on any tandem axle, group of axles, and gross weight and up to 10%t greater than the maximum length specified by law. The owner or a representative of the owner of the agricultural products shall furnish the driver of the loaded vehicle a signed statement of origin and destination.

007.02C HARVEST PERMITS – REQUIRED Harvest Permits are required by Nebraska Statutes for the following conditions:

007.02C1 For all vehicles, except long combination vehicles, carrying grain or other seasonally harvested products for a distance of 70 to 120 miles from the field to storage, market, or stockpile in the field or from stockpile to market or factory with a load that exceeds the maximum load permitted by Neb. Rev. Stat. 60-6,294 by 15 percent on any tandem axle, group of axles, and gross weight, and up to 10 percent greater than the maximum length specified by law.

007.02C2 For long combination vehicles carrying grain or other seasonally harvested products for a distance up to 70 miles from the field to storage, market, or stockpile in the field or from stockpile to market or factory with a load that exceeds the maximum load permitted by Neb. Rev. Stat. 6- 6,294 by 15 percent on any tandem axle, group of axles, and gross weight, and up to 10 percent greater than the maximum length specified by law.

007.02C3 For vehicles carrying dry beans from the field where harvested to storage or market when dry beans are not normally stored, purchased, or used within the permittee’s local area and must be transported more than 120 miles to an available market or storage destination. For such cases, the distance limitation will be waived for distances beyond 120 miles and the vehicle and load may exceed the maximum load permitted by Neb. Rev. Stat. 60-6,294 by 15 percent on any tandem axle, group of axles, and gross weight, and up to 10 percent greater than the maximum length specified by law.

007.02D On all Harvest Permits, no single axle may exceed 20,000 pounds.

007.02E Harvest Permits will be valid 24 hours per day, all days including Saturday, Sunday, and legal holidays for the Nebraska Highway System. HARVEST PERMITS ARE NOT VALID FOR THE NATIONAL SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS.

007.02F Harvest Permits may be issued for 30 days or 60 days and may be renewable for a total number of days not to exceed 120 days per calendar year.

007.03 GARBAGE PERMITS

007.03A Garbage Permits may be issued for the movement of a truck with an enclosed body and a compacting mechanism designed and used exclusively for the collection and transportation of garbage or refuse. Such truck and load may exceed the maximum axle load permitted by law by no more than 20 percent on only one axle, on one tandem axle, or on a group of axles, when the vehicle is laden with garbage or refuse and when the vehicle is within the maximum gross load as permitted by State Statutes 60-6,290 and 60-6,294.

007.03B Garbage Permits will be issued only for travel on a designated route. No Garbage Permit will be issued for vehicles exceeding the maximum dimensions specified by law as to width, height, or length.

007.03C Garbage Permits will be valid 24 hours per day, all days including Saturday, Sunday, and legal holidays for the Nebraska Highway System. GARBAGE PERMITS ARE NOT VALID FOR THE NATIONAL SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS.

007.03D Garbage Permits may be issued for one or more months up to one year.

007.04 INTERSTATE IMPLEMENT OF HUSBANDRY PERMITS

007.04A Interstate Implement of Husbandry Permits may be issued only for a farm equipment dealer or his/her carriers for movement on the National System of Interstate and Defense Highways with loads not exceeding 12 feet, 6 inches in width when all other statutory requirements are met.

007.04B Interstate Implement of Husbandry Permits will be valid from 30 minutes before sunrise to 30 minutes after sunset seven days/week. Movement on legal holidays will not be valid or allowed.

007.04C Interstate Implement of Husbandry Permits may be issued for each vehicle for a 90-day, 180-day, or one-year period.

007.05 HIGHWAY 75 IMPLEMENT OF HUSBANDRY PERMITS

007.05A A Special Permit to allow the use of 2.78 miles of the US-34/US-75 State Freeway to cross the Platte River (a) with a self-propelled implement of husbandry (“IOH”) (as that term is defined in Neb. Rev. Stat. § 60-625) or (b) for hauling an implement of husbandry as provided herein. This Permit shall be referred to as a Highway 75 IOH Permit and shall be applied for on a form entitled “Implements of Husbandry Applicable to a Segment of Highway 75 Permit”.

007.05B This Special Permit is needed to remedy an unusual circumstance created when a segment of US-34/US-75 was converted by State from a highway to a freeway near the Platte River in Sarpy and Cass Counties, Nebraska. Implements of husbandry were generally allowed on the prior State highway but are prohibited from using the new State freeway under Neb. Rev. Stat. § 60-6,144. This situation is critical because farming operations that need to move implements of husbandry along the prior highway between the farmstead and farm fields are now unable, except at great inconvenience, to access their fields and farmsteads because of a lack of county road bridges over the Platte River in the vicinity of the freeway.

007.05C This special permit is available to an applicant who owns or leases farmland that requires the applicant to cross the Platte River to move or transport Implements of Husbandry from a place of storage to a farm field or vice versa.

007.05D This Special Permit will only be granted for travel on the 2.78-mile segment of combined US-34/US-75 between the Interchange with US-34/Hidden Valley Drive to the north and the Bay Road/Webster Boulevard Interchange to the south. This segment is from US-34 milepost 382.52 to 385.30, US-75 milepost 75.24 to 78.02, all located in southern Sarpy County and northern Cass County, Nebraska.

007.05E Permits

007.05E1 There is no fee for the permit issued under this section.

007.05E2 Permit Holders must keep a permit within the cab area of any statutorily allowed self-propelled implement of husbandry or within the cab area of the vehicle hauling the implement of husbandry.

007.05E3 This permit may be duplicated and used for other applicable implements of husbandry owned or used by or on behalf of Permit Holder, so long as the implement of husbandry is being used in the normal course of farm operations.

007.05E4 This permit will be valid until revoked.

007.05E5 The permit will be automatically revoked when the Permit Holder no longer owns or leases farmland that requires the applicant to cross the Platte River to move or transport Implements of Husbandry from a place of storage to a farm field or vice versa.

007.05E6 The permit may not be transferred or assigned.

007.05E7 This permit is not currently available online and may be obtained by contacting the Permit Office of the Nebraska Department of Transportation headquarters in Lincoln.

007.05F Travel Requirements: Travel under the permit must meet the applicable conditions provided in the following chart:

007.06 BALED LIVESTOCK FORAGE INTERSTATE PERMIT

007.06A A special permit may be granted to haul livestock forage in baled form on a trailer or with a load measuring no wider than an outside measurement of 12 feet on the National System of Interstate and Defense Highways.

007.06B Livestock Forage means plant material (mainly plant leaves and stems) used to feed livestock.

007.06C Baled means a process for tightly compressing forage material by wires, hoops, cords or other binding material secure enough to ship the material without loss from wind or from the speed of the hauling vehicle.

007.06D Forage must be sufficiently secured in bales to prevent loose forage from blowing from the vehicle.

007.06E The permit is only valid for use during daylight hours, which for this permit will be the time beginning 30 minutes before the expected sunrise and ending 30 minutes after sunset.

007.06F The trailer or load may be operated during daylight hours seven days a week but may not be operated on holidays.

007.06G The permit fee for a Baled Livestock Forage Interstate Permit shall be $25.00 and shall be valid for 90 days.

007.06H A Baled Livestock Forage Interstate Permit may only be granted for a vehicle that conforms to all vehicle, trailer or load length and height limitations under Nebraska law or these regulations.

007.06I This permit allows for loads up to twelve feet wide, fifteen and one-half feet loaded height and the loaded trailer not to exceed fifty-nine and one-half feet in length. Vehicles will not be permitted to exceed 20,000 pounds on a single axle or 34,000 pounds on a set of tandem axles. The overall gross weight of a group of two or more consecutive axles must conform to the requirements of the bridge formula set out in Neb. Rev. Stat. 60-6,294.

007.07 ADDITIONAL CONSIDERATIONS

007.07A The granting of a permit under 007.01 shall not constitute a waiver of any license requirement imposed by the State of Nebraska. A vehicle or combination of vehicles must be registered for the gross weight that the vehicle can legally haul pursuant to Neb. Rev. Stat. 60-6,294 prior to a request for an overweight permit.

007.07B The Department may prohibit travel for permits under 007.01 on weekdays during morning and afternoon rush hours within cities with populations in excess of 50,000 and in adjoining urban areas designated by the Department. Rush hours are 7:00 a.m. to 9:00 a.m. and from 4:00 p.m. to 6:00 p.m. The Department may designate other travel limitations for permits under 007.01 when necessary because of roadway or other special conditions or circumstances.

008 PROVISIONS APPLICABLE FOR PERMITS TO MOVE SLOW MOVING BUILDINGS/LARGE OBJECTS ON STATE HIGHWAYS

008.01 A slow moving building/large object (SMB/LO) is defined as a building or large object in excess of legal dimensions for width, length or height, or any combination thereof that must be moved at slow speed, typically at 20 miles per hour or less, on the State Highway System.

008.02 The application for a permit to move a SMB/LO on a State highway shall be made to the District Engineer’s Office where the load originates. The owner or mover shall make the application a minimum of five days in advance of the date of the move to provide for review and approval by the District Engineer.

008.03 Large loads that are moving at or near highway speed shall be permitted by a Single Trip Permit.

008.04 A permit will not be issued for the movement of a SMB/LO on a State highway where local roads are available on which to make the move, even though the use of such roads would require a greater travel distance. A permit may be issued on a State highway for a short distance only, such as from the nearest intersecting road to or from a destination or point of origin on a State highway. A local permit may be required for moves on county or city roads. The applicant is responsible for contacting local authorities.

008.05 A permit for the movement of a SMB/LO will not be issued unless the SMB/LO is loaded on equipment having pneumatic tires. Steel, wood or solid rubber tires will not be permitted. The movement of a SMB/LO on skids or pulled by a farm tractor will not be permitted. Any vehicle moving a SMB/LO or object requiring specialized moving dollies shall be escorted by another vehicle or vehicles in the manner determined by the Department. Such vehicles shall travel at a speed which is not in excess of 5 miles per hour when carrying loads which are in excess of the maximum gross weight specified by law by more than 25 percent. The Department shall have the responsibility of prescribing all the conditions of operation at the time the move is to be made. These conditions shall take into consideration traffic volume, road condition, structures, time of day, weather conditions, objects or signs to be removed and replaced, overhead wires, safety to the traveling public, etc. All provisions not specifically set out in these Rules and Regulations shall be stated on the permit and become a part of that permit.

008.06 A permit will not be issued for the movement of a SMB/LO across a bridge unless the width of the SMB/LO is 24 inches less than the distance between the handrails or if the SMB/LO is loaded such that it will clear the top of the rails by not less than 12 inches.

008.07 The mover shall be responsible for checking all overhead vertical clearances and shall make provisions for the raising or removal of overhead wires, cables, etc., sufficiently in advance of the move to eliminate delays to the highway traffic.

008.08 A permit is not required for the crossing of a State highway at a local road intersection. In case of a multiple lane road, sufficient flagmen must be provided to warn all approaching traffic during the crossing and one lane must be kept open to traffic at all times.

008.09 The Department shall require that the applicant moving a SMB/LO, including house moving equipment and dollies, provide a certificate of insurance (ACORD FORM) for public liability and property damage in an amount of not less than $1,000,000 with the Department prior to the move. The certificate must state that 10 days’ written notice will be given the Department before cancellation. The Department will require the mover to reimburse the Department for any damages that may be done to the highway system or structures thereon by reason of the movement and also to pay the cost of any expenses for inspection of the move by the Department.

008.10 In case of trees needing trimming due to interference with the move, the District Engineer or his/her designee shall inspect the route and determine the extent of tree trimming needed. No tree trimming shall be allowed without written permission of the District Engineer.

009 OVERWEIGHT AND/OR OVERDIMENSIONAL PERMIT FEE SCHEDULE

009.01 A permit fee will not be charged for the following movements or permits:

009.01A The movement by any governmental agency, political subdivision or public corporation of their own vehicles or combination of vehicles, with or without load.

009.01B The movement by a contractor of overdimensional construction materials, that cannot be reduced in size, from the nearest railroad siding to the site of a highway construction project.

009.01C The movement of an overdimensional load or a self-propelled object from a railroad siding to the site of a highway construction project or to an equipment storage yard nearby.

009.01D The operation or movement of a contractor’s overweight and overdimensional equipment within the project limits of a highway construction project being built under traffic, or to and from the nearest railroad siding which is being used as a delivery point for equipment or materials.

009.01E The towing of overlength vehicle combinations disabled on the highway to the nearest place of secure safekeeping.

009.02 A permit fee will not be refunded after a permit is issued. No refund will be made if a permit is not used or if a permit is declared void because of a violation of the terms and conditions of the permit.

009.03 A permit will not be issued until the permit fee has been paid or specific arrangements regarding payment have been made with the Department.

009.04 Single trip permit fees for the movement of a vehicle or vehicle combination not exempted in Section 009.01 will be as follows:

Single trip - Overdimensional Only = $15.00 Single trip - Overweight Only = $20.00 Single trip - Overweight and Overdimensional = $25.00

009.04A The fee for amending a permit shall be $10.00.

009.04B No permit shall be amended if the amendment will change the type of permit requested, such as from a overdimensional only permit to an overdimensional and overweight permit.

009.04C No permit shall be amended more than one time.

009.05 The permit fee for any continuous local or statewide envelope permit shall be $25.00 for each ninety-day period, $50.00 for each one hundred eighty day period, $75.00 for each two hundred seventy day period and $100.00 for a one-year period.

009.06 The permit fee for the following permits shall be as follows:

009.06A The permit fee for the movement of grain or other seasonally harvested products shall be $25.00 for a thirty-day permit. The permit may be renewable for a total number of days not to exceed 150 days per calendar year.

009.06B The permit fee for the movement of garbage or refuse shall be $10.00 per month, not to exceed $100.00 per year.

009.06C The permit fee for Interstate Implement of Husbandry Permits shall be $25.00 for each ninety-day period, but in no case more than $100.00 for a one-year period.

009.06D The permit fee for a Baled Livestock Forage Interstate Permit shall be $25.00, and shall be valid for ninety days.

009.06E There shall be no fee charged for Highway 75 Implement of Husbandry Permits.

009.07 A Conditional Interstate Use Permit fee shall be $10.00 for each ten-day increment up to a maximum of $90.00 for 90 days. No refund of the permit fee will be allowed if the permit is revoked or unused, regardless of reason for such revocation or lack of use. A Conditional Interstate Use Permit will not be issued until the permit fee is paid.

009.08 An Extra-Long Vehicle Combination permit fee shall be $250.00 for an annual permit. The annual permit fee will not be refunded after the permit is issued.

010 PROVISIONS APPLICABLE TO PERMITS FOR THE MOVEMENT OF EXTRA-LONG VEHICLE COMBINATIONS

010.01 DEFINITIONS

010.01A EXTRA-LONG VEHICLE COMBINATIONS: For the purpose of these Rules and Regulations, extra-long vehicle combinations may include the following vehicle combinations:

010.01A1 A vehicle combination consisting of a truck-tractor, semi-trailer and two trailers having an overall length of not more than 105 feet, the semi-trailer and trailers of which must be of approximately equal lengths.

010.01A2 A vehicle combination consisting of a truck-tractor, semi-trailer and single trailer having an overall length of not more than 105 feet, the semi-trailer and trailers of which must be of approximately equal lengths.

010.01A3 A vehicle combination consisting of a truck-tractor, semi-trailer and single trailer, one trailer of which is not more than 48 feet long and the other trailer of which is not more than 28 feet long nor less than 26 feet long. The entire combination of which is not more than 95 feet long. In this combination, the shorter trailer shall be operated as the rear trailer.

010.01B TRAILER: Trailer shall mean any vehicle, with or without motive power, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle; and for the purpose of these Rules and Regulations, a semi-trailer used with a converter dolly shall be considered a trailer.

010.01C STAGING AREA: A location within six miles of the National System of Interstate and Defense Highways that is approved by the Department, designated in the extra-long vehicle combination permit, and that is to be used by the permittee for assembling or disassembling extra-long vehicle combinations.

010.01D ROUTE: Highways, roads, or streets upon which the permittee will be allowed to move an extra-long vehicle combination when moving from or to a designated staging area to or from the National System of Interstate and Defense Highways, and the area and the interchanges of the National System of Interstate and Defense Highways, which may be traveled by the permittee. No extra-long vehicle permits will be issued to allow travel east of Nebraska Highway 50 on the National System of Interstate and Defense Highways. Except as designated on the permit, in case of deteriorating weather conditions, emergency or breakdown, vehicles moving by authority of an extra- long vehicle permit, which leave the National System of Interstate and Defense Highways, shall not be permitted to reenter the National System of Interstate and Defense Highways.

010.02 EXTRA-LONG VEHICLE COMBINATION PERMITS: The Department, at its discretion, may issue annual permits for the operation of extra-long vehicle combinations when unladen, but only over a designated route on the National System of Interstate and Defense Highways, and from a staging area located not more than six miles from the National System of Interstate and Defense Highways.

010.02A No departure from, amendment, alteration, or change of the routes designated on the extra- long vehicle combination permit shall be allowed. If the permit holder desires to travel on any route not designated on its permit, the Department must approve in writing, an amendment authorizing the additional route.

010.02B INSPECTION OF PERMIT AND VEHICLE: As a condition of the issuance of an extra-long vehicle combination permit, applicant must agree that the operator of the vehicle operating under the authority of an extra-long vehicle combination permit will submit to an inspection of the permit and of the vehicle at any time such vehicle is on Nebraska highways whether or not there is reason to believe that such vehicle is in violation of the permit or the Nebraska motor vehicle laws.

010.02C A permit granted by the Department may contain restrictions or prohibit operations as determined necessary by the Department. Movement shall be made from 30 minutes before sunrise until 30 minutes after sunset. No movement shall be permitted on Saturday, Sunday, or holidays or long holidays as defined in the Department’s Rules and Regulations pertaining to the issuing of overdimensional and overweight permits. No movement will be permitted when the ground winds in the vicinity or on the highways over which the extra-long vehicle combinations may move exceed a velocity of 25 miles per hour, nor during steady rain, snow, sleet, ice or other conditions that cause the pavement to be slippery. Movement during fog that does not permit 800 feet of minimum visibility is not permitted. Should any of these conditions be encountered after commencement of the move, the driver shall cease operations by moving the extra-long vehicle combination from the roadway at the first point that the vehicle can be safely removed to prohibit the hazardous operation of the combination and to provide for safety of other highway users. Movement of extra-long vehicle combinations during any of the aforesaid prohibited time shall be grounds for revocation of the permit.

010.03 APPLICATION FOR EXTRA-LONG VEHICLE COMBINATION PERMIT

010.03A Application for an Extra-Long Vehicle Combination Annual Permit may only be obtained at the Permit Office of the Nebraska Department of Transportation headquarters in Lincoln, Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. Permit approval may take up to five working days.

010.03B The permit application must list all truck-tractors to be operated under the registered permit, as well as the license number of such vehicles, the state of issuance of the license, the vehicle identification numbers and the drivers who will operate under the requested permit. Only trucks owned or leased exclusively to the permit applicant for the entire term of the requested permit and only drivers under the control and supervision of the applicant may be listed on such applications. An annual permit is required for each qualified carrier company or individual. In the event permittee desires to change the information listed on its permit application regarding vehicles or drivers, it may do so by written notice to the Department in Lincoln. Such notice shall be by means of registered mail or personally delivered, and shall not be effective for a period of two calendar days from the receipt of such notice by the Department.

010.03C DRIVER QUALIFICATIONS: Applicants for an extra-long vehicle combination permit must certify in writing to the Department that the driver of a vehicle which is permitted to move by authority of such permit has complied with all Federal Motor Carrier Safety Regulations and all State laws, rules and regulations pertaining to drivers and drivers licenses. Applicants must notify the Department in writing of traffic citations issued to any driver for improper operation of an extra-long vehicle combination within five days of the issuance of said citation.

010.03D The owner or operator of each extra-long vehicle combination shall have on file with the Department, an insurance certificate with a company authorized to do business in Nebraska, in an amount of not less than $1,000,000 for public liability and property damage. The certificate of insurance must be for $1,000,000, issued as a combined single limit of liability. The insurance certificate must contain a provision stating that the insurance company will give at least thirty days written notice to the Department in case of cancellation.

010.04 RESTRICTIONS PERTAINING TO MOVEMENT OF EXTRA-LONG VEHICLE COMBINATIONS

010.04A A sign may be required to be displayed at least 8 feet above the roadway surface on the rear-most vehicle of the combination of the vehicles. The sign shall be of a yellow material with black letters of not less than 10 inches high, and must conform to this format:

CAUTION EXTRA-LONG VEHICLE

010.04B The granting of a permit shall not constitute a waiver of any license (tonnage) requirements imposed by the State of Nebraska.

010.04C The granting of a permit pursuant to these Rules and Regulations shall not waive any liability or responsibility of the applicant which might accrue for property damages, including damage to the highways, or for personal injuries, resulting from the operation of extra-long vehicle combinations.

010.04D A distance of at least 500 feet must be maintained between all vehicles, and any two extra- long combinations of vehicles when operating on Nebraska streets or highways, except when one extra-long combination of vehicles is passing another.

010.04E TRACKING REQUIREMENTS: All vehicles in an extra-long combination of vehicles and all devices used to couple vehicles in the extra-long vehicle combination must be designed, constructed and installed so that each towed vehicle follows the alignment of the towing vehicle, without shifting or swerving more than three inches to the right or left of the alignment when the combination is moving in a straight line on a level, smooth, paved highway during calm, dry weather conditions.

010.04F Extra-long vehicle combinations of not more than three cargo units shall have not less than six axles nor more than nine axles.

010.04G In the event of breakdown or accident, extra-long vehicle combinations shall be removed from the traveled portion of the highway unless the breakdown or accident is such that the vehicles cannot be removed immediately. In the event the breakdown or accident is such that the vehicles cannot be removed, the driver shall place flares or when possible, position a flagmen on the highway 500 feet to the rear of the disabled vehicle until the vehicle is moved from the traveled portion of the roadway. If the accident or breakdown occurs on a two-lane highway, flares shall be placed 500 feet in each direction from the vehicles and, in addition, flares shall be placed on the edge of the roadway at 100-foot intervals to caution the traveling public. No more than two vehicles of a wrecked or disabled extra-long vehicle combination may be towed behind a wrecker or other emergency vehicle.

010.04H In addition to any other accident reports required by State or Federal laws, all accidents involving extra-long vehicle combinations shall be reported in writing by the permittee to the Nebraska Department of Transportation, Permit Office, P.O. Box 94759, Lincoln, Nebraska 68509, within five business days of such accident.

010.04I The Department may impose additional restrictions and requirements not set forth in these Rules and Regulations as a condition for the operation of the extra-long vehicle combinations over particular highways or sections of particular highways in this State. The Department shall revoke or amend a decision to allow the operation of an extra-long vehicle combination on any highway of this State if changed circumstances or conditions render the operation of the combination of vehicles impracticable or unsafe.

010.05 REVOCATION OF EXTRA-LONG VEHICLE COMBINATION PERMIT

010.05A Any traffic citation received by a driver for a moving traffic violation involving improper operation of an extra-long vehicle combination will be cause for revocation of the permit issued pursuant to these Rules and Regulations. Law enforcement agencies shall report traffic citations as soon as possible to the Department.

010.05B Any violation of these Rules and Regulations or the Rules and Regulations pertaining to overdimensional and overweight permits will be cause for revocation of an extra-long vehicle combination permit.

010.05C Reinstatement of a permit revoked pursuant to these Rules and Regulations shall be allowed only after a public hearing pursuant to Title 407, Chapter 2 of the Rules and Regulations of the Nebraska Department of Transportation, and only if the permittee can demonstrate good cause for such reinstatement.

011 PROVISIONS APPLICABLE TO CONDITIONAL INTERSTATE USE PERMITS FOR DIVISIBLE LOADS EXCEEDING 80,000 POUNDS

011.01 The Director has determined that circumstances exist to make the issuance of Conditional Interstate Use Permits for divisible loads exceeding 80,000 pounds on the National System of Interstate and Defense Highways within the State of Nebraska necessary. The National System of Interstate and Defense Highways provides the safest, efficient, least congested direct route for movement of such loads across the state. In making such determination, the Director has considered the following conditions on the National System of Interstate and Defense Highways:

0011.01A The National System of Interstate and Defense Highways is designed and maintained to standards to be more conducive to safe and efficient transportation than alternative state and county roads.

011.01B The National System of Interstate and Defense Highways is designed to handle traffic volumes that are more conducive to safe and efficient transportation than alternative state and county roads.

011.01C Public safety is enhanced by authorizing vehicles with a total gross weight of up to 95,000 pounds to travel on the National System of Interstate and Defense Highways in Nebraska.

011.02 CONDITIONAL INTERSTATE USE PERMIT A Conditional Interstate Use Permit may be issued by the Department or its agent for vehicles weighing up to 95,000 pounds on the National System of Interstate and Defense Highways. In no case will vehicles be permitted to exceed 20,000 pounds on a single axle, or more than 34,000 pounds on a group of two consecutive axles. The overall gross weight of a group of two or more consecutive axles must conform to the requirements of the bridge formula set out in Neb. Rev. Stat. 60-6,294.

011.02A Dummy axles shall be disregarded in determining the lawful weight of a vehicle or vehicle combination for operation on the Nebraska Highway System. Dummy axle shall mean an axle attached to a vehicle or vehicle combination in a manner so that it does not articulate or substantially equalize the load and does not carry at least the lesser of 8,000 pounds or 8 percent of the gross weight of the vehicle or vehicle combination.

011.02B All controls which regulate, control, or operate the lift and/or dummy axles must be on the outside of the cab or truck or truck-tractor in a position that cannot be reached from within the cab, so that an operator or passenger must physically get out of the cab to operate the controls.

011.03 LICENSING AND REGISTRATION REQUIREMENTS The permit will only be issued to vehicles that are properly licensed to operate with such loads in Nebraska, or to vehicles with registration apportioned pursuant to Nebraska law. The granting of the permit shall not constitute a waiver of any license requirement imposed by the State of Nebraska.

011.04 TERM OF PERMIT The permit may be purchased in 10-day increments up to a maximum period covering 90 consecutive days.

011.05 LIMITATION OF TRAVEL The permit shall be issued for travel on the National System of Interstate and Defense Highways in Nebraska. The granting of the permit shall not be construed as waiving any weight limits that have been, or may be imposed, on any non-interstate highway or bridge, or on any posted bridge on the National System of Interstate and Defense Highways.

011.06 REVOCATION All permits and all privileges accruing from said permits may, at any time, be revoked. If revoked, the vehicle operator shall surrender possession of the permit. The permit may be revoked pursuant to the following:

011.06A By the Director of the Department of Transportation or his/her designee.

011.06B If Federal authorities determine that conditional interstate use permits are in violation of Federal laws.

011.06C For violation of any of the terms and conditions set forth on the permit or the terms and conditions set forth in Chapter 3 of Title 408 of these Rules and Regulations.

011.06D By any law enforcement officer or any officer of the Nebraska State Patrol, Carrier Enforcement Division, for violation of any of the terms and conditions of the permit.

011.07 ENFORCEMENT TOLERANCES No enforcement tolerances will be allowed on the gross weight set out on the permit, or axle weight set out in Section 011.02 of these Rules and Regulations.

011.08 PERMIT TRANSFER, POSSESSION AND INSPECTION The permit is not transferable to any other vehicle. In the case of a vehicle combination, the permit will be issued to the motor vehicle, and will not be transferable to other motor vehicles owned or operated by the permittee. All permits shall be carried in the vehicle to which they refer and shall be open to inspection by any law enforcement officer or authorized agent of the Department.

011.09 APPLICATION TO REPLACE A REVOKED PERMIT No person may apply for replacement of a permit revoked for a specific vehicle pursuant to Section 011.06 of these Rules and Regulations for a period of 30 days from the date of the revocation.

011.10 PENALTY FOR FAILURE TO ACQUIRE A PERMIT FOR A QUALIFYING VEHICLE No person shall violate the terms and conditions of the permit. However, if a vehicle qualifies in all respects for a Conditional Interstate Use Permit, but the vehicle driver is found to have failed to acquire such permit, the driver shall be subject to the penalty set forth in Neb. Rev. Stat. 39-103 and not the penalty set forth in Neb. Rev. Stat. 60-6,298.

ANNOTATION

Enabling Legislation

§39-102; 39-103; 60-6,235; 60-6,288; 60-6,289; 60-6,290; 60-6,292; 60-6,294; 60-6,295; 60-6,297; 60-6,298; 60-6,299 and 60-6,383 Neb. Rev. Stat.

APPENDIX A – Map 1 (Reference 002.03B)

APPENDIX A – Map 2 (Reference 003.13A1)

APPENDIX A – Map 3 (Reference 003.13A2 and 003.13A3)

History

• Effective 2023-04-30