Alabama Administrative Code Chapter 450-3-1 — Maintenance

450 Alabama Department of Transportation (Formerly Alabama Highway Department)

Ala. Admin. Code r. 450-3-1-.01 Purpose Of Chapter

The purpose of this chapter is to establish procedures and minimum standards to govern the movement of oversize and/or overweight vehicles and loads, to establish regulations concerning the removal, storage, and disposal of property located on the highway right-of-way, protection and prevention of trespass upon and injury to the public roads, facilities and buildings, requirements for stopping at rail/highway grade crossings and drawbridges, and the operation and licensing of junkyards.

History

• Author: Jim R. Ippolito, Jr., Chief Counsel
• Authority: Code of Ala. 1975, §§23-1-59, 32-9-29.
• Filed September 30, 1982. Amended: Filed May 17, 2013; effective June 21, 2013. Repealed and New Rule: Filed December 4, 2015; effective January 18, 2016.

Ala. Admin. Code r. 450-3-1-.02 Definitions

The following definitions, terms, words, and phrases shall have the meanings given and these supplement the definitions found in Section 32-9-20, Code of Ala. 1975.

(1) ALABAMA DEPARTMENT OF TRANSPORTATION: ALDOT.

(2) LEGAL WIDTH: Eight (8) feet wide on roads with less than twelve (12) foot lanes; eight (8) feet and six (6) inches on roads with at least twelve (12) foot lanes.

(3) LEGAL HEIGHT: Thirteen (13) feet and six (6) inches.

(4) LEGAL LENGTHS:

(a) Forty (40) feet for a single vehicle.

(b) Fifty-seven (57) feet for a truck-semi-trailer combination.

(c) Fifty-seven (57) feet for semi-trailers including load used in a truck tractor-semi-trailer-trailer combination.

(d) Twenty-eight (28) feet for semi-trailers and trailers used in truck tractor-semi-trailer-trailer combination.

(e) Forty-five (45) feet for Motor Homes.

(f) Forty-five (45) feet for Motor Bus.

(g) Sixty-five (65) feet for Car Haulers; Seventy-five (75) feet for Stinger-Steered Units.

(5) LEGAL OVERHANG (FRONT AND REAR): Five (5) feet.

(6) LEGAL WEIGHT PER SINGLE AXLE: Any axle that is spaced a minimum of 10 feet to the next closest axle and the gross weight imposed by the wheels of this one axle does not exceed 20,000 pounds.

(7) APPROVED LIGHTING SYSTEM FOR MOBILE HOMES INSTEAD OF REAR ESCORT: The lighting system shall be in addition to all the standard safety equipment and warning devices utilized in the rear of mobile homes using rear escorts. Two flashing or strobe amber lights, visible for 360 degrees at 500 feet shall be mounted approximately 6 feet from the ground level on the rear corners of the mobile home. Control of the lighting system shall be from inside the tractor cab, including a warning device to alert the driver in the event the lights malfunction. If a light malfunctions, the driver shall proceed to the first area where the load can be safely removed from the roadway and parked until the lighting system is repaired.

(8) NON-DIVISIBLE LOAD OR VEHICLES: A load transported by a vehicle or combination of vehicles of such nature that it is a unit which cannot be readily dismantled or separated; provided however, that bulldozers and similar construction equipment shall not be deemed readily separable. Non-divisible loads or vehicles will have the same meaning, unless otherwise exempted, as listed in the definitions of C.F.R. 23 Part 658.5, as amended.

(9) LAW ENFORCEMENT ESCORT: A law enforcement vehicle operated by state troopers, county sheriffs or their deputies, or city police. A constable shall not escort oversize/overweight loads. The law enforcement escort must be in an official, marked vehicle with blue lights. Information about state trooper escorts may be found on the Permit Office website: http://www.dot.state.al.us/maweb/Oversize&OverweightPermOverweightPer.htm

(10) CONSTRUCTION PROJECT: A public works contract for a roadway construction project or roadway maintenance project let by ALDOT. For the purposes of these rules, this term includes only those projects let by the State.

(11) CONSTRUCTION PROJECT WORK ZONE: The Project Limits as defined by Contract between ALDOT and the Contractor for a Construction Project.

(12) CONSTRUCTION PROJECT TRAVEL LIMITS: Construction Project Travel Limits are defined and approved by the ALDOT Vehicle Enforcement Office at the request of the Contractor and will be defined prior to the Pre-Construction Conference between the Contractor, ALDOT, and other interested parties. The Construction Project Travel Limits represent the Routing Authorization for specific construction equipment to be used in a Construction Project.

(13) CONSTRUCTION PROJECT COMPLETION: The date of acceptance for maintenance by ALDOT of the Construction Project.

(14) CONSTRUCTION PROJECT DURATION: That time period from the Notice to Proceed to the Construction Project Completion.

(15) CONSTRUCTION EQUIPMENT: A single vehicle used by a contractor for work in a Construction Project that is identified by a VIN and requires a permit for an oversize and/or overweight load.

(16) ROUTING AUTHORIZATION: The advance routing required from ALDOT under Code of Ala. 1975, §32-9-29(b)(l)a.1., as amended, and further described by Section 450-3-1-.04(4), as amended, of this Chapter as an attached condition to a permit.

History

• Author: William F. Patty, Chief Counsel
• Authority: Code of Ala. 1975, §32-9-29
• New Rule: Filed December 4, 2015; effective January 18, 2016. Amended: Published September 30, 2021; effective November 14, 2021.

Ala. Admin. Code r. 450-3-1-.03 Permits

(1) The Transportation Director or his designee may issue a written permit to allow a vehicle or a combination of no more than two vehicles to operate on the State Highway System where the vehicle or a combination of vehicles and load exceeds the legal width, length, height, weight or combination thereof.

(2) A copy of the permit shall be carried in the vehicle itself and be available for inspection by any law enforcement officer, or authorized agent of ALDOT. For annual permits, the original is considered the copy received in person or by mail. For a single trip permit, the original may be considered the copy received via email, by mail, by fax, or in person. Duplication or alteration of any permit is prohibited.

History

• Author: Jim R. Ippolito, Jr., Chief Counsel
• Authority: Code of Ala. 1975, §32-9-29.
• New Rule: Filed December 4, 2015; effective January 18, 2016.

Ala. Admin. Code r. 450-3-1-.04 Conditions Attached To Issuance Of Permits

(1) The operator of the permitted vehicle or combination of vehicles and loads shall comply with all applicable laws and regulations of the United States and the State of Alabama.

(2) Permitted vehicles may travel daylight hours only. Travel is not permitted at any time on Sundays, New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.

(3) A permitted vehicle shall not travel when weather conditions render visibility less than 500 feet for a person or vehicle, or when other weather conditions constitute hazardous travel. When either condition exists, the driver shall proceed to the first area where the load can be safely removed from the roadway and parked until the weather clears or road conditions improve.

(4) When routing is applicable, the permitted vehicle shall not use any other public road under ALDOT jurisdiction other than those described in the permit or routing authorization. For single trip permits, the routing shall be described on the permit. For annual permits, the permitted party is responsible for requesting advance routing when applicable.

(5) The described routing authorization becomes a temporary part of the annual permit and shall be carried in the permitted vehicle along with the annual permit for the duration of the relevant trip. If advanced routing is required and the driver is unable to provide a valid routing authorization, then the oversize/overweight load shall be in violation of the permit.

(6) The vehicle operator shall comply with all load restrictions placed on bridges and sections of highway, whether established by on-site posting or as a permit condition. A list of restricted bridges is available online at: http//www.dot.state.al.us/maweb/Oversize&OverweightPermitInformation.htm.

(7) On a state highway, when the vehicle exceeds legal limits, all appurtenances of the load which can be removed to reduce the weight shall be removed and transported separately. Appurtenances include, but are not limited to, buckets, booms, counter-weights, lifting devices, etc. Bulldozer blades are deemed non-separable pursuant to the Code of Ala. 1975, §32-9-29(a)(1).

(8) The permitted vehicle or combination of vehicle and loads shall maintain one-half (1/2) mile between each vehicle load. When the normal flow of traffic becomes impeded or congested, the vehicle or combination of vehicle and loads shall move off the traveled portion of the public road until the traffic congestion has cleared. If the permitted route becomes impassible, such as in construction detours and emergency road conditions, proceed to the first area where the load can be safely removed from the roadway and parked until the ALDOT Permit Office can be contacted for an alternate permitted route.

(9) Transport vehicles shall be equipped with a flashing or strobe amber light, visible 360 degrees at 500 feet. All vehicles supporting the move shall be equipped to contact each other, including escort vehicles, law enforcement escorts, and the permitted vehicle. A sign shall be mounted on the front and rear of the transport vehicle where the license plate and headlights are not blocked. The sign shall contain the wording “OVERSIZE LOAD” in black letters on a yellow background. The size of the sign shall be seven (7’) feet wide and eighteen (18”) inches high. The letters shall be ten (10”) inches high with a 1.4” – 1.5” brush stroke. No other signage is allowed. An 18” square fluorescent orange or red flag shall be displayed at the four corners or extremities (length) of the load.

(10) Where a state route or US route runs concurrently with an Interstate route, weight enforcement shall be in accordance with federal law. Any weight tolerances allowed by Code of Ala. 1975, §32-9-20(a)(4)d are inapplicable on Interstate routes, including such concurrent routes, except as allowed by 23 U.S.C. 127.

History

• Author: William F. Patty, Chief Counsel
• Authority: Code of Ala. 1975, §32-9-29.
• New Rule: Filed December 4, 2015; effective January 18, 2016. Amended: Published April 30, 2020; effective June 14, 2020.

Ala. Admin. Code r. 450-3-1-.05 Escort Requirements

ALDOT may require that permitted vehicles use front or rear escorts when deemed necessary. Escorts are required, but are not limited to the following:

(1) Over height vehicles/loads: Front escort with height indicator is required for heights in excess of (15) feet, six (6) inches (15’6”).

(2) Over width vehicles/loads:

(a) Loads 12 – 14 feet wide require one (1) front escort on 2-1ane roads, or

(b) One (1) rear escort for multilane roads.

(3) Loads greater than 14 feet wide require one (1) front and one (1) rear escort on all roads.

(4) For mobile homes, the rear escort may be replaced by the following described lighting system: In addition to all the safety and warning devices, two flashing or strobe lights, visible for 360 degrees at 500 feet shall be mounted six (6) feet above ground level on the rear corners of the mobile home. Control of the lighting system shall be from inside the tractor cab with a warning device to alert the driver in the event the lights malfunction. If a light malfunctions, the driver is to proceed to the first area where the load can be safely removed from the roadway and parked until the lighting system is repaired.

(5) Over length vehicles/loads:

(a) A single rear escort is required for lengths 90 feet to 125 feet, inclusive, except that mobile homes may use the approved lighting system, described in (4) above, instead of a rear escort. A front and a rear escort are required lengths 125 to 150 feet. ALDOT may require additional escorts for lengths less than 150 feet when deemed necessary.

(b) Front and rear law enforcement escorts are required for lengths in excess of 150 feet.

(c) A rear escort is required for any permitted vehicle transporting a load extending more than five feet beyond the rear of the vehicle. A front escort is required for any permitted vehicle transporting a load extending ten feet or more beyond the front of the vehicle.

(6) Escort vehicles shall be a properly licensed, single-unit vehicle (e.g. passenger automobile, pick-up truck, or SUV) with an unobstructed view and clear line of sight in all directions. A flatbed truck or service vehicle may be used as long as it maintains an unobstructed view and clear line of sight in all directions. No vehicle towing a trailer can be used as an escort vehicle. Escort vehicles must be equipped with flashing or strobe amber lights, visible 360 degrees at 500 feet. The escort’s headlights shall be set at low beam at all times. All vehicles supporting the move shall be able to contact each other, including escort vehicles, law enforcement escorts, and the permitted vehicle. A sign shall be mounted on the front and rear of any escort vehicle above the roofline where it is visible from the front and rear. The sign shall contain the wording “OVERSIZE LOAD” in black letters on a yellow background. The size of the sign shall be relative to the size of the escort vehicle so that the entire message may be seen completely and clearly. The letters shall be ten (10) inches high with a 1.4” – 1.5” brush stroke. No other signage is allowed. The banner shall only be attached or visible during the transportation of the permitted load.

(7) A front escort shall provide enough space between it and the permitted load, or combination of vehicles and load, to warn oncoming traffic of the presence of the oversize load; notify the vehicles facilitating the move of any road hazards that could affect safe movement of traffic in sufficient time for the driver of the permitted load to take remedial action and locate, to the extent necessary, a safe place adjacent to the highway to protect public safety and the efficient movement of traffic and any other matters reasonably necessary for safe movement.

(8) A rear escort shall warn traffic approaching from the rear of the presence of the over dimensional load; notify the driver of the permitted load of any problems (i.e. objects coming loose from the load, traffic approaching or passing the over dimensional load, traffic buildup) that could affect the safe and efficient movement of traffic in sufficient time for the driver to take remedial action as necessary, and be far enough behind the permitted load to assist in lane maneuvers and any other matters reasonably necessary for safe movements.

(9) Mobile home escorts shall be located in the front on two-1ane roads and shall move to the rear of mobile home on multi-1ane roads, even with the approved lighting system, and shall assume the duties of a rear escort.

(10) The non-emergency use of cell phones or other portable electronic devices, other than those designated to support the movement of the specific oversize combination vehicle, except to communicate hazard-related information, is prohibited.

(11) Drivers of escort vehicles must be a minimum of 18 years of age, have a valid driver’s license, and have completed a pilot/escort flagging course which equals or exceeds Alabama’s course within 12 months of Alabama’s course availability. A list of states with approved escort certification may be found on the Permit Office website. http://www.dot.state.al.us/maweb/Oversize&OverweightPermOverweightPer.htm

History

• Author: Jim R. Ippolito, Jr., Chief Counsel
• Authority: Code of Ala. 1975, §32-9-29.
• Filed September 30, 1982. Amended: Filed February 15, 1996; effective March 21, 1996. Repealed: Filed May 17, 2013; effective June 21, 2013. New Rule: Filed December 4, 2015; effective January 18, 2016.

Ala. Admin. Code r. 450-3-1-.06 Liability Insurance

A permit to operate a vehicle which exceeds the statutory limits of height, weight, or length shall be issued only on condition of payment of proof of insurance of $300,000 split limit coverage or $1,000,000 combined single limit coverage as a minimum. The insurance will be conditioned for payment to ALDOT and will be held in trust to pay the owners of bridges, traffic signals, signs, or other highway structures damaged by a vehicle operating using the permit. The liability under the insurance certificate shall be contingent upon proof of negligence or fault on the part of the permittee, his agents, or operators. ALDOT may require additional insurance as deemed necessary to compensate for any damage to public roads, including bridges. Upon request, the body receiving the permit shall provide ALDOT with a copy of the required insurance policy. ALDOT will not be liable for any damage to persons, private property, or public roads, including bridges, caused by a permitted vehicle, its load, or its escort. The party receiving the permit thereby agrees to hold ALDOT harmless from any claims and to pay ALDOT for damages to person or property for any ALDOT expenditures made to repair damages on a state Highway caused by the permitted vehicle, load, or escort.

(1) Annual Permits: All existing insurance requirements of Alabama shall be observed. In addition, the amount of liability insurance specified by Section 32-9-29, Code of Ala. 1975, is required. No annual permit shall be issued until the applicant provides proof that it meets these insurance requirements. ALDOT shall be listed as a Certificate holder with the applicant’s insurance company, and the Department shall be notified by the insurance company of any changes in the applicant’s coverage. If the insurance becomes void for any reason, the permit shall immediately become permanently void, and the applicant shall re-apply for an annual permit at the full price.

(2) Single Trip Permits: All existing insurance requirements of Alabama shall be observed. Proof of the minimum insurance required by the Public Service Commission must be on file with the ALDOT Permit Office prior to a permit being issued to transport a vehicle whose width exceeds twelve (12) feet and/or weighs greater than 100,000 lbs.

History

• Author: Jim R. Ippolito, Jr., Chief Counsel
• Authority: Code of Ala. 1975, §§23-1-59, 23-1-275.
• New: Filed December 4, 2015; effective January 18, 2016.

Ala. Admin. Code r. 450-3-1-.07 Conditions For The Movement Of The Houses

(1) No house shall be moved whose width exceeds 28 feet or whose height exceeds 16.5 feet without pre-approval from the ALDOT Permit Office.

(2) The movement of the house shall be confined to the route approved on the permit, and in no case will exceed a distance of 50 miles.

(3) All mail boxes and other appurtenances that are obstacles to the move of the house shall be removed as the house approaches and re-erected immediately after the house passes in equal or better condition than prior to removal.

(4) The company, corporation, or individual receiving a permit to move a house is responsible for any damage to private or public property caused by the move. This includes but is not limited to damage to utilities.

(5) Houses greater than seventeen (17) feet in height require a route survey and utility notification.

(6) When highway signs and other traffic control devices must be removed to accommodate a house move, they will be removed and re-erected by ALDOT personnel located in the affected political subdivision at the expense of the company, corporation, or individual receiving the permit.

(7) The company, corporation, or individual receiving a permit to move a house shall contact the ALDOT District Manager located in the area involved to get route approval and then again a minimum of 24 hours prior to the move. A list of District Managers can be found on the Permit Office website: http://www.dot.state.al.us/maweb/Oversize&OverwieghtPermOverweightPer.htm

(8) In the interest of public safety, permits may be issued to move houses in urban areas during hours prohibited by Rule 450-3-1-.05. A move allowed under this rule must be coordinated with the local government and have a law enforcement escort.

(9) Liability insurance as specified in Rule 450-3-1-.06.

History

• Author: Jim R. Ippolito, Jr., Chief Counsel
• Authority: Code of Ala. 1975, §32-9-29.
• New: Filed December 4, 2015; effective January 18, 2016.

Ala. Admin. Code r. 450-3-1-.08 Conditions For Permitting Movement Of Sealed Containerized (Ocean Going) Cargo Units

(1) Sealed containerized cargo units will be considered as nonvisible loads and overweight trip permits will be issued to operate vehicles hauling such units on the state highway systems, including the interstate highway system, subject to the following restrictions:

(a) Such containerized cargo units may not weigh more than the maximum permissible weight of 100,000 pounds and must be moved on the highways from port to port.

(b) A copy of the bill of lading with an equipment interchange and inspection report must be submitted to the ALDOT Permit Office before a permit will be issued.

(c) The operators of such units shall at all times have in their possession a copy of the documents as described in (b) above.

(d) All vehicles operating under a sealed containerized cargo unit permit shall have a minimum of five (5) full-time load bearing axles and shall no exceed twenty thousand (20,000) lbs. per axle, or total gross vehicle weight of one hundred thousand (100,000) lbs.

(e) All vehicles operating under a sealed containerized cargo unit permit must be legal width, length, and height.

(f) All vehicles permitted for movement of overweight sealed containerized units are authorized twenty-four (24) hours continuous movement Monday through Sunday with normal travel conditions.

(2) Annual Permits will be available for the movement of sealed containerized cargo units from the Department subject to the same restrictions and conditions as provided in Paragraphs (1)(a) – (c) upon payment of the annual permit fee required under Rule 450-3-1-.09. Annual permits will not be restricted to a specified route.

History

• Author: William F. Patty, Chief Counsel
• Authority: Code of Ala. 1975, §32-9-29.
• New Rule: Filed March 19, 2019; effective May 3, 2019.
• Editor's note: Previous Rule .08, Annual Permit Procedure and Fees, was renumbered .09 due to new rule .08 per certification filed March 19, 2019; effective May 3, 2019.

Ala. Admin. Code r. 450-3-1-.09 Annual Permit Procedure And Fees

(1) All permits will be issued on a prepaid basis or be guaranteed by funds on deposit with ALDOT.

(2) Companies, corporations, or permit service companies may deposit funds with the ALDOT Permit Office to guarantee payment for permits. Companies, corporations or permit service companies will be billed monthly. A minimum $300 deposit is required. After records show that a company, corporation, or permit service company has purchased permits equal to 80% of their deposit, no further permits will be issued until the bill is paid or an additional deposit is made.

(3) Annual permits must be applied for online or in writing and paid for in advance. Application forms are available from the ALDOT Permit Office website: http://www.dot.state.al.us/maweb/Oversize&OverweightPermitInformatOve.htm

(4) Payment for permits may be by business check, cash, money order, credit card and by certified or cashier’s check. A personal check will not be accepted.

(5) Fee Schedule: Annual Permits $100.00

(a) ALDOT may issue an annual permit which shall permit the vehicle or combination of vehicle and load to be operated on the State Highway System for 12 months from the date the permit is issued.

(b) Annual permits require the Vehicle Identification Number (VIN) of the vehicle to be provided on the permit.

(c) Vehicle/Load (Over-dimensional and/or Overweight)

1. Maximum Weight:.................150,000 pounds

2. Maximum Width:..................12 feet

3. Maximum Length:.................75 feet

4. Maximum Height:.................14 feet

5. Maximum Single Axle Weight:.....22,000 pounds

(d) Mobile Home

1. Maximum Width:..................14 feet

2. Maximum Height:.................14 feet

3. Maximum Length:.................85 feet

(e) Modular Homes, Sectional Houses, Portable Buildings, Boats and Vehicles or Combination of Vehicles:

1. Maximum Width:..................12 feet

2. Maximum Height:.................14 feet

3. Maximum Length..................75 feet

(f) Sealed Container

1. Maximum Weight:.................100,000 pounds

History

• Author: Jim R. Ippolito, Jr., Chief Counsel
• Authority: Code of Ala. 1975, §32-9-29
• New: Filed December 4, 2015; effective January 18, 2016.
• Editor's note: Previous Rule .08 was renumbered .09 due to new rule .08 per certification filed March 19, 2019; effective May 3, 2019.

Ala. Admin. Code r. 450-3-1-.10 Single Trip Permit Procedure And Fees

(1) All permits are issued on a prepaid basis or are guaranteed by funds on deposit with ALDOT.

(2) Firms or corporations may deposit funds with the ALDOT Permit Office to guarantee payment for permits. These firms or corporations will be billed monthly. A minimum of $300 will be accepted for deposit. After records show that a firm or corporation has purchased permits equal to 80% of their deposit, no further permits will be issued until the bill is paid or funds are added to their deposit.

(3) Permit service companies may deposit funds with the ALDOT Permit Office to guarantee payment for permits ordered on their account. After records show that permits have been charged to the company equal to 90% of its deposit, no further permits will be issued until the bill is paid or an additional deposit is made.

(4) An application for a single trip permit may be submitted online, by telephone, by fax, or in person.

(5) Permit application forms are available on the ALDOT Permit Website: http://www.dot.state.al.us/maweb/Oversize&OverweightPermitInformatOve.htm

(6) Fee Schedule: Single Trip Permits - Vehicles using single trip permits are allowed five (5) days to complete the trip. Single trip permits are valid for one round trip (loaded from origin to destination and return empty, or vice versa). Time extensions will not be granted unless the trip is interrupted by acts of nature such as floods, snow, ice, storms, etc.; provided that these interruptions affect the movement of the traffic as a whole in the area.

(a) Heavy commodities or equipment. This fee is for vehicles or combination of vehicle and loads whose weight exceeds the maximum limit specified by law.

From 80,001 pounds up to 100,000 pounds.........$10.00 From 100,001 pounds up to 125,000 pounds........$30.00 From 125,001 pounds up to 150,000 pounds........$60.00 From 150,001 pounds and over...................$100.00

When the overweight vehicle or combination of vehicles and loads is over the maximum length, height, or width specified by law, an additional $10.00 is added to the fee.

(b) Mobile homes, modular homes, sectional houses, portable buildings, and boats:

1. Up to and including 12 feet wide, 75 feet long............................................$10.00

2. Boats in excess of 12 feet wide..............$20.00

3. Mobile homes, modular homes, sectional houses, and portable buildings in excess of 12 feet wide and/or 75 feet long............................................$20.00

(c) Miscellaneous:

1. Houses.......................................$20.00

2. Off the road equipment.......................$10.00

3. Other oversized vehicles, loads, and equipment not herein specified.......................................$20.00

4. Other overweight loads not herein specified..$10.00

(7) Payment for Single Trip permits may be by company checks, cash, money order, credit card, and by certified or cashier’s check. A personal check will not be accepted.

History

• Author: Jim R. Ippolito, Jr., Chief Counsel
• Authority: Code of Ala. 1975, §32-9-29
• New: Filed December 4, 2015; effective January 18, 2016.
• Editor's note: Previous Rule .09 was renumbered .10 per certification filed March 19, 2019; effective May 3, 2019.

Ala. Admin. Code r. 450-3-1-.11 Property Located On The Highway Right-Of-Way

(1) Regulations Concerning Removal, Storage, and Disposal of Property Placed, Lost, or Abandoned on Public Highways or Within Right of Way Limits Thereof and Trespass on Highway Right of Way.

(a) Any property placed, lost or abandoned on a public highway, or within the right of way limits thereof, may be removed by the Department if it is a hazard to traffic. If there is no immediate hazard to traffic, the property may not be removed for a reasonable period, and an effort may be made to identify and/or contact the owner to secure its removal. If it is not possible or productive to contact the owner or otherwise effect removal, the property may be removed by the Department.

(b) In the event the property is removed by the Department, it will be stored at the local District office for no more than sixty (60) days. The property may be claimed by the owner upon payment of the cost of removal. The Department shall not be responsible for any damage caused by removal of the property. Unclaimed property may be disposed of after sixty (60) days.

(c) The provisions of this paragraph shall not apply to part (2) of this section, below.

(2) The Accommodation of Mailboxes and Newspaper Delivery Boxes on Public Highway Rights-of-Way

(a) The Department of Transportation adopts and incorporates by reference the Roadside Design Guide, Chapter 11: Erecting Mailboxes on Streets and Highways, American Association of State Highway and Transportation Officials, 4th Edition (2011), as amended. A copy may be requested by contacting AASHTO at 444 N. Capitol St. NW Suite 249 Washington, DC 20001 or by accessing www.transportation.org.

History

• Author: Jim R. Ippolito, Jr., Chief Counsel
• Authority: Code of Ala. 1975, §§6-5-214, 6-5-216, 23-1-59.
• Filed September 30, 1982. Repealed and Replaced: Filed July 8, 1996; effective August 12, 1996. Amended: Filed May 17, 2013; effective June 21, 2013.
• Editor's note: Rule .10 was previously .07 it was renumbered as per certification filed December 4, 2015; effective January 18, 2016. Previous Rule .10 was renumbered .11 per certification filed March 19, 2019; effective May 3, 2019.

Ala. Admin. Code r. 450-3-1-.12 Protection Of And Prevention Of Trespass Upon And Injury To The Public Roads, Bridges, Highways, Facilities And Buildings Of The State Of Alabama

In order to protect the interest of the traveling public and the State of Alabama in the safe use of public roads and bridges and related structures, facilities and buildings of the State and Department, and to prevent trespass and injury to State roads and bridges, structures, facilities and buildings:

(1) No structure shall be maintained, constructed or located within the right of way limits of any road or bridge on the Alabama State Highway system except utility structures authorized to be located on the right-of-way pursuant to a permit issued by the State of Alabama Department of Transportation.

(2) No private property shall be placed upon, affixed to, constructed or maintained upon any publicly owned right of way, bridge or the approaches thereto on the Alabama State Highway system without prior written permission of the Alabama Department of Transportation.

(3) No person other than a duly authorized law enforcement officer shall enter any Alabama Department of Transportation building with a firearm as defined in Section 13A-8-1(4), Code of Ala. 1975, without the written permission of the Director. Nothing in this regulation is intended to violate an individual’s rights under the Firearm Owners Protection Act, 18 U.S.C. §921, et seq.

History

• Author: Jim R. Ippolito, Jr., Chief Counsel
• Authority: Code of Ala. 1975, §23-1-59.
• Filed September 30, 1982. Amended: Filed May 17, 2013; effective June 21, 2013. Amended: Filed July 24, 2014; effective August 28, 2014. Amended (Rule Number Only): Filed December 4, 2015; effective January 18, 2016.
• Editor's note: Rule .11 was previously .08 it was renumbered as per certification filed December 4, 2015; effective January 18, 2016. Previous Rule .11 was renumbered .12 per certification filed March 19, 2019; effective May 3, 2019.

Ala. Admin. Code r. 450-3-1-.13 Vehicles Which Must Comply With The Stopping Requirements At Rail/Highway Grade Crossings And Drawbridges

The Department of Transportation adopts and incorporates by reference Alabama Department of Public Safety Administrative Code Rule 760-X-1-01 regarding motor vehicles that are required to stop at rail/highway crossings and drawbridges. A copy of this rule may be obtained by contacting the Department’s Legal Division or the Department of Public Safety.

History

• Author: Jim R. Ippolito, Jr., Chief Counsel
• Authority: Code of Ala. 1975, §§23-1-59, 32-5A-151.
• Filed September 30, 1982. Amended: Filed May 17, 2013; effective June 21, 2013.
• Editor's note: Rule .12 was previously .09 it was renumbered as per certification filed December 4, 2015; effective January 18, 2016. Previous Rule .12 was renumbered .13 per certification filed March 19, 2019; effective May 3, 2019.

Ala. Admin. Code r. 450-3-1-.14 Prima Facie Speed Limit Within Safety Rest Areas (Repealed 6/21/13)

(REPEALED)

History

• Author: Jim R. Ippolito, Jr., Chief Counsel
• Authority: Code of Ala. 1975, §§23-1-59, 32-5A-172.
• Filed September 30, 1982. Repealed: Filed May 17, 2013; effective June 21, 2013.
• Editor's note: Rule .13 was previously .10 it was renumbered as per certification filed December 4, 2015; effective January 18, 2016. Previous Rule .13 was renumbered .14 per certification filed March 19, 2019; effective May 3, 2019.

Ala. Admin. Code r. 450-3-1-.15 Minimum Speed Limit On Interstate And Controlled Access Highways Within The State Of Alabama (Repealed 6/21/13)

(REPEALED)

History

• Author: Jim R. Ippolito, Jr., Chief Counsel
• Authority: Code of Ala. 1975, §§23-1-59, 32-5A-174.
• Filed September 30, 1982. Repealed: Filed May 17, 2013; effective June 21, 2013.
• Editor's note: Rule .14 was previously .11 it was renumbered as per certification filed December 4, 2015; effective January 18, 2016. Previous Rule .14 was renumbered .15 per certification filed March 19, 2019; effective May 3, 2019.

Ala. Admin. Code r. 450-3-1-.16 Certain Traffic And Vehicles Prohibited From Use Of Controlled Access Highways In The State Of Alabama (Repealed 6/21/13)

(REPEALED)

History

• Author: Jim R. Ippolito, Jr., Chief Counsel
• Authority: Code of Ala. 1975, §23-1-59.
• Filed September 30, 1982. Repealed: Filed May 17, 2013; effective June 21, 2013.
• Editor's note: Rule .15 was previously .12 it was renumbered as per certification filed December 4, 2015; effective January 18, 2016. Previous Rule .15 was renumbered .16 per certification filed March 19, 2019; effective May 3, 2019.

Ala. Admin. Code r. 450-3-1-.17 Speed Limit Upon State Highways Abutting School Property And Other Locations On The State Highways Which Have Been Designated School Zones Or School Crossings (Repealed 6/21/13)

((REPEALED))

History

• Author: Bobby Kemp, Jerry Shoemaker
• Authority: Code of Ala. 1975, §23-1-59.
• Filed September 30, 1982. Repealed: Filed October 9, 2003; effective November 13, 2003. Repealed: Filed May 17, 2013; effective June 21, 2013.
• Editor's note: Rule .16 was previously .13 it was renumbered as per certification filed December 4, 2015; effective January 18, 2016. Previous Rule .16 was renumbered .17 per certification filed March 19, 2019; effective May 3, 2019.

Ala. Admin. Code r. 450-3-1-.18 Manual Of Laws, Rules And Regulations Relating To Operation And Licensing Of Junkyards

This manual governing the operation and licensing of junkyards, dated August 1, 1969, is hereby adopted by reference as a rule of the State of Alabama Highway Department. Copies of this manual and any amendments thereto can be obtained from the Secretary of the Highway Department at a reasonable cost.

History

• Author: Jim R. Ippolito, Jr., Chief Counsel
• Authority: Code of Ala. 1975, 23-1-59.
• Filed September 30, 1982.
• Editor's note: Rule .17 was previously .14 it was renumbered as per certification filed December 4, 2015; effective January 18, 2016. Previous Rule .17 was renumbered .18 per certification filed March 19, 2019; effective May 3, 2019.

Ala. Admin. Code r. 450-3-1-.19 Manual Of Maintenance Permits (Repealed 6/21/13)

(REPEALED)

History

• Author: Jim R. Ippolito, Jr., Chief Counsel
• Authority: Code of Ala. 1975, §23-1-59.
• Filed September 30, 1982. Repealed: Filed May 17, 2013; effective June 21, 2013.
• Editor's note: Rule .18 was previously .15 it was renumbered as per certification filed December 4, 2015; effective January 18, 2016. Previous Rule .18 was renumbered .19 per certification filed March 19, 2019; effective May 3, 2019.

Ala. Admin. Code r. 450-3-1-.20 Conditions For Permitting Movement Of Construction Equipment Within Construction Project Work Zones

(1) Construction Equipment moved within a C0nstruction Project Work Zone is eligible for the issuance of an annual permit under Code of Ala. 1975, §32-9-29(b)(1) subject to the rules, conditions, and fees set out in this Section.

(a) An annual permit issued under this Section shall be valid exclusively for movement of Construction Equipment within the Construction Project Travel Limits.

(b) ALDOT will review all requests for permits under this Section and will issue permits in compliance with applicable Alabama law and the rules of this Section.

(c) Each piece of Construction Equipment:

1. must have a separate permit.

2. that qualifies for a permit under this section will be issued Construction Project Travel Limits by ALDOT.

3. permitted under this section shall be otherwise statutorily eligible for an annual-permit.

(d) An annual permit issued under this section is valid for the shorter duration of (i) twelve (12) months from the date of issuance of the permit or (ii) the amount of time prior to the Construction Project Completion. In no event is the permit valid for a duration greater than twelve months nor can the permit exceed the Construction Project Completion. Should the Construction Project Completion be longer than twelve months, a Contractor may apply to renew the permit subject to the rules of this Chapter.

(e) Construction Equipment permitted for movement within Construction Project Travel Limits is authorized for twenty-four (24) hour continuous movement Monday through Sunday with normal travel conditions.

(f) If advance Routing Authorization is required by this Section, the duration of the relevant trip is defined by the length of time set out in paragraph (d) above. The Routing Authorization is the Construction Project Travel Limits as determined at the time of the issuance of the permit by ALDOT.

(g) Annual Permits authorized under·this section must be obtained prior to the Pre-Construction Conference and must be made available for inspection at the Pre-Construction Conference between the Contractor, ALDOT, and other interested parties. In the event that other contractors or sub-contractors become involved in the relevant Construction Project after the Pre-Construction Conference, requests for additional permits under this section will be reviewed and processed by ALDOT subject to these rules and statutory limitations under applicable Alabama law.

(h) Each contractor or sub-contractor requiring movement of oversize/overweight loads for the Construction Project must purchase and hold individual permits for each piece of Construction Equipment. A copy of the permit must be kept in each piece of Construction Equipment and be presented upon request.

(2) If Construction Equipment permitted under this section is to be moved outside of the Construction Project Travel Limits, applicable permitting procedures must be followed.

(3) The cost of the permit is set by the relevant statute governing annual permits and Section 450-3-1-.09.

History

• Author: William F. Patty, Chief Counsel
• Authority: Code of Ala. 1975, §32-9-29.
• New Rule: Published September 30, 2021; effective November 14, 2021.