Arkansas Administrative Code, Agency 001 — Arkansas Department of Transportation

001.00.06 Ark. Code R. 001 Amendment to Regulations for Tourist-Oriented Directional Signs (TODS)

Authority

The Arkansas State Highway Commission is authorized by Ark. Code Ann Section 27-65-107(a)(13) (1994), and the Federal Highway Administration's Manual on Uniform Traffic Control Devices to promulgate rules, and regulations governing Tourist-Oriented Directional Signing (TODS) within the rights-of-way of state highways.

Purpose

These regulations provide for the installation and administration of TODS for qualified activities or sites of reasonable interest to the traveling public not residing in the immediate area of the business or activity.

Definitions

State Highway . For the purpose of these regulations, means the National Highway System and the 5,250 miles of state highways subject to Federal and State Highway Beautification Acts as of June 1, 1991. This definition does not include the interstate or freeway highway systems, both of which are eligible for the Logo Signing Program.

Tourist-Oriented Directional Signs . Hereafter referred to as TODS, are official signs that are located within the right-of-way of a state highway giving specific information regarding activities or sites of reasonable interest to the traveling public not residing in the immediate area of the business or activity.

Rural . Refers to those areas outside the city limits of incorporated cities or towns with a population of 5,000 or more people..

Trailblazer Sign . A sign that must be installed at an intersection where the motorist must change directions in order to reach the tourist activity.

Activities or Sites of Reasonable Interest

The activity or site must be of reasonable interest to the traveling public not residing in the immediate area of the business or activity to qualify for the TODS Program. Any one of the following may qualify the activity or site.

Motorist Service . It offers a motorist service such as gas, food, lodging camping, or motor vehicle service or repair.

Tourist Attraction . It is of reasonable interest to tourists as a historic, cultural, scientific, educational, or entertainment site, or as a site of natural scenic beauty or naturally suited for outdoor recreation.

Commercial Interest . It is of reasonable commercial interest to the traveling public not residing in the immediate area of the business or activity.

Seasonal Agricultural Interest. It offers fresh, locally produced, seasonal agricultural products of reasonable interest to the traveling public not residing in the immediate area of the business or activity.

General Requirements

An individual activity or site of reasonable interest must meet the following general requirements to qualify for TODS. The Department may require applicants to prove that they comply with the requirements of this section.

A. With the exception of motorist services activities, the activity or site (including seasonal agricultural products) must reasonably derive the major portion of income or visitors during the normal business season from motorists not residing in the immediate area of the business or activity.

B. The activity or site shall be open to the general public during regular and reasonable hours and not by appointment or reservation only.

C. The activity shall be conducted in an appropriate building or area. It shall not be conducted in a building used as a residence unless the activity is a motorist service lodging facility (hotel, motel, bed and breakfast, etc.).

D. The activity or site shall be located in a rural area not within the corporate limits of a city or town with a population of 5,000 or more people, except for Scenic Byways.

E. With the exception of those instances where the Department determines that operational safety requires an advance sign, an activity shall not qualify for a TODS unless the activity or its on-premise signing and driveway entrance are not readily visible from the state highway.

F. An activity or site will not qualify for TODS if the activity or site is identified by a Department directional sign that is within the right-of-way, if the activity or site is advertised by an off-premise sign that is illegal as defined by the Arkansas Highway Beautification Act, or if the activity or site is advertised by an off-premise sign that is visible from the location of the proposed TODS.

G. The activity or site shall comply with all applicable laws concerning public accommodations without regard to race, religion, color, age, sex, national origin, or disability, and shall comply with all applicable health and sanitation laws and must possess any required local permits or licenses.

H. The activity or site must be located within fifteen (15) miles of the state highway.

Special Requirements

In addition to the general requirements, an individual activity or site of reasonable interest must meet the following requirements to qualify for the TODS Program.

Motorist Service . An activity providing a motorist service must be open a minimum of eight (8) hours a day, five (5) days a week (one of which is Saturday), and six (6) months a year.

Tourist Attraction . A tourist attraction must be open a minimum of four (4) hours a day, five (5) days a week (one of which is Saturday), and six (6) months a year.

Commercial Interest . A commercial activity not covered by the above paragraphs must be open a minimum of eight (8) hours a day, five (5) days a week (one of which is Saturday), and six (6) months a year.

Seasonal Agricultural Interest . An agricultural business activity must be open a minimum of eight (8) hours a day, five (5) days a week (one of which is Saturday) during the normal seasonal period.

Conditions

A TODS sign shall not be erected until the activity or site has been approved for a TODS Signing Permit in accordance with these regulations, and the Department has received payment of all fees due.

A. A TODS sign shall be covered or removed by the Department if the activity or site ceases to qualify for a period of seven (7) days.

B. In the event the qualifying business changes ownership, the Department is to be notified in writing.

C. The Department shall cover or remove a TODS sign for a seasonal activity when the activity is closed during the off-season period, unless the TODS sign displays the period of operation. A fee will be assessed by the Department if the sign is covered or removed.

D. If needed, adequate trailblazing signs shall be provided on local roads and streets to guide motorists from the state highway to the activity or site. Trailblazer signs on local roads and streets must be approved by the Department and be in place prior to the installation of the TODS signs. The applicant will be responsible for obtaining the trailblazer signs and any necessary permits from local officials, and for the installation of the signs. Any trailblazer signs required on state highway rights-of-way will be authorized in the TODS Signing Permit, purchased by the applicant, and installed by the Department or its authorized contractor.

Design of TODS Signs

TODS signs shall be provided by the applicant and will be installed on a metal post structure furnished and erected by the Department or its authorized contractor. A maximum of four (4) TODS signs shall be installed on a single structure.

A. TODS signs shall be 72 inches wide by 18 inches high with reflective blue background and reflective white legend, borders, and directional arrows. The TODS signs must be professionally fabricated with reflective sheeting on an aluminum panel, and must comply with Department specifications to be furnished to each applicant. Logos may be reproduced in the colors desired by the applicant. Recreation or service symbols shall be reflective white.

B. The TODS signs will contain space for two (2) lines of legend in six (6) inch letters, a directional arrow, and distance to the activity. Lettering will be in accordance with Department specifications except when the style of lettering for a business name is a trademark. In all cases, the lettering shall be reflective white. The legend will be the activity name only; however, appropriate service or recreational symbols and logos may be used if reduced to appropriate size. Promotional advertising and symbols or logos resembling official highway signs or traffic control devices are prohibited.

C. When approved symbols and logos are used, they shall not exceed the height or the two lines or word legend. If used with a word legend, the symbol or logos will be placed to the left of the word legend. Times of operation may be displayed on the TODS sign if deemed necessary by the Department for the convenience of the motorist. When times of operation are displayed, they must be incorporated in the two lines of legend.

TODS Sign Installation

TODS signs normally will be installed in rural areas a minimum of 200 feet in advance of the intersection while maintaining a minimum of 200 feet between TODS signs and other official traffic control devices.

A. No more than two (2) TODS sign structures (one for activities to the left; one for activities to the right) should be installed at any intersection approach. One additional sign structure may be installed if needed to accommodate TODS for activities in the ahead direction.

B. The right turn TODS structure shall be the closest to the intersection with the left turn TODS structure being the farthest in advance of the intersection.

C. The advance TODS sign "1/2 mile" or "Next Right (or Left)" will not normally be used unless the Department determines that it is needed for highway safety purposes.

D. Where the number of activities to be signed is four (4) or less at any one intersection, the TODS signs for right or left activities may be combined on one TODS sign structure. On a combination structure, the TODS signs will be arranged with the left arrows at the top and the right arrows below.

E. Lateral clearance for TODS signs shall be equal to or greater than the other guide signs at the intersection.

Procedures

The Department's Beautification Section of the Environmental Division will be responsible for the administration and fee collection for the TODS Signing Program. The Beautification Section will provide application forms, rules and regulations, fee schedules, and design and specification standards to all interested parties. Applications will be submitted to:

Beautification Section

Environmental Division

Arkansas State Highway and Transportation Department

P.O. Box 2261

Little Rock, Arkansas 72203

Telephone Number: (501) 569-2088

A. Installation. The Department or authorized contractor will be responsible for the erection and maintenance of the TODS sign structures.

B. Cost . TODS signs shall be furnished to the Department in accordance with Department specifications. The TODS signs shall be furnished by the businesses or activities at no cost to the Department. The Department will provide information to applicants pertaining to sign companies that manufacture TODS signs.

C. Replacement . Upon notice from the Department, businesses or activities will provide new TODS signs to replace signs which become faded, damaged, destroyed or otherwise need replacement as determined by the Department. The replacement signs will be provided at no cost to the Department.

D. Selection of eligible businesses, activities, or sites . The Department will notify potential qualifying tourist-oriented activities in writing and/or by public notice in a newspaper of general circulation within the county where the TODS intersections are located. If there is not enough space on TODS sign structures to accommodate all businesses, activities, or sites that desire to display signs, those businesses, activities, or sites closest to the particular intersection will be selected. If subsequently, a business, activity, or site exists or is constructed closer to the intersection then the one being displayed on the TODS sign structure, the business, activity, or site on the TODS sign structure may continue to display until such time as they no longer desire to do so or fail to pay any applicable fees.

Fees

It is intended that the TODS Signing Program shall be self-sustaining. Fees assessed by the Department shall be reviewed periodically to determine their relationship to the cost of operation. Fees may be increased or decreased by the Department as required to assure the program is self-sustaining.

A. Application Fee . An application fee of $25.00 per intersection per business, activity, or site shall be submitted with each application for a TODS Signing Permit.

B. Initial Installation Fee . Upon approval of the TODS Signing Permit, the applicant will be billed for the initial installation fee of $50.00 per TODS sign and per trailblazer sign to be installed on state highway rights-of-way.

The initial installation fees will be payable within ten (10) days of the permit date.

C. Annual Fees . Annual maintenance/administration fees of $50.00 per TODS sign and per trailblazer sign on state highway rights-of-way will be payable in July of each year beginning with the first July of the year following the TODS Signing Permit date.

D. Special Fees .

1. The fee to be assessed for the removal or covering, including seasonal removal or covering, of TODS signs and trailblazer signs on state highway rights-of-way is $50.00 per sign .

2. The fee to be assessed for the replacement installation of TODS signs and trailblazer signs on state highway rights-of-way is $50.00 per sign .

E. Refunds . Application fees will be refunded when applications cannot be approved by the Department. After TODS permits have been issued, application and installation fees will not be refunded. Annual maintenance/administrative fees will not be refunded unless TODS signs are required to be removed because of highway construction or maintenance work. In such cases, refunds will be calculated based on the number of full months the signs were down.

History

• 8/4/2006

001.00.06 Ark. Code R. 002 Regulations for the Control of Outdoor Advertising

This publication, REGULATIONS FOR CONTROL OF OUTDOOR ADVERTISING ON ARKANSAS HIGHWAYS, is issued under the authority of Arkansas State Highway Commission Minute Order 72-6, dated January 26, 1972, which Order directed the Commission to promulgate rules and regulations governing the erection of outdoor advertising signs, displays and devices along the National System of Interstate Highways and Federal Aid Primary Highways within the Arkansas State Highway System, and authorized the Director of the Arkansas State Highway Department to issue permits for the installation of outdoor advertising structures.

These regulations have been established in conformity with an Agreement between the Arkansas State Highway Commission and the United States Secretary of Transportation pursuant to Article I of Act 640 of the Acts of the General Assembly for the year 1967.

ARKANSAS STATE HIGHWAY COMMISSION

Henry Gray, Director

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Arkansas State Highway and Transportation Department

HIGHWAY DISTRICTS

| District.. | .Mailing Address | .City, Zip...... | .Telephone.. | ......Fax | | --- | --- | --- | --- | --- | | District 1. | ..P.O. Box 278.. | .Wynne 72396-0278.. | . 870-238-8144.. | . 870-238-2994 | | District 2. | .P.O. Box 6836.. | Pine Bluff 71611-6836. | 870-534-1612. | . 870-534-2038 | | District 3. | ..P.O. Box 490.. | .Hope 71802-0490... | 870-777-3457. | . 870-777-3489 | | District 4. | ..P.O. Box 1424.. | ..Fort Smith 72902-1424.. | .. 479-646-5501. | . 479-646-8286 | | District 5. | ..P.O. Box 2376.. | ..Batesville 72503-2376. | . 870-251-2374. | . 870-251-2393 | | District 6. | ..P.O. Box 190296. | ..Little Rock 72219-0296.. | . 501-569-2266. | . 501-569-2366 | | District 7. | ..P.O. Box 897.. | .Camden 71711-0897.. | 870-836-6401. | . 870-836-4864 | | District 8. | ..P.O. Box 70... | ..Russellville 72811-0070. | .. 479-968-2286 | . 479-968-4006 | | District 9. | ..P.O. Box 610.. | .Harrison 72602-0610. | . 870-743-2100.. | .. 870-743-4630 | | District 10. | ...P.O. Box 98... | ..Paragould 72451-0098. | .. 870-239-9511. | .. 870-236-1156 |

OUTDOOR ADVERTISING

PREFACE

These regulations have been established by the Arkansas Highway Department as authorized by Arkansas Act 640 of 1967 and Highway Commission Minute Order No. 72-6 for compliance with Section 131 (d) of Title 23, U.S.C. to promote the reasonable, orderly, and efficient display of outdoor advertising while remaining consistent with National and State policies to protect the public interest in the Interstate and Federal-aid Primary Highways; to promote the safety and recreational value of public travel; and to preserve the natural beauty of the State of Arkansas.

ARKANSAS STATE HIGHWAY DEPARTMENT

MINUTE ORDER

WHEREAS, Article I of Act 640 of the Acts of the General Assembly for the year of 1967 directs the Arkansas State Highway Commission to promulgate rules and regulations governing the erection of outdoor advertising signs, displays and devices along the National System of Interstate and Defense and Federal Aid Primary Highways within the Arkansas State Highway System; and

WHEREAS, the Arkansas State Highway Commission and the United States Secretary of Transportation have entered into an Agreement pursuant to said Act 640 of 1967 whereby the criteria for the erection of outdoor advertising signs, displays and devices along the National System of Interstate and Defense and Federal Aid Primary Highways within the Arkansas State of Highway System have been established;

NOW, THEREFORE, no outdoor advertising signs, displays or devices shall be erected within 660 feet* of any National System of Interstate and Defense and Federal Aid Primary Highways within the Arkansas State Highway System except by permit.

The Director of the Arkansas State Highway Department is hereby authorized to issue permits for the installation of outdoor advertising structures or devices within 660 feet of the National System of Interstate and Defense and Federal Aid Primary Highways within the Arkansas State Highway System in conformity with Act 640 of the Acts of the General Assembly of the State of Arkansas for the year of 1967 and the Agreement between the Arkansas State Highway Commission and the United States Secretary of Transportation dated the 24^th day of January, 1972.

The charge for the issuance of permits shall be Forty Dollars ($40.00).

AGREEMENT

FOR CARRYING OUT NATIONAL POLICY RELATIVE TO CONTROL OF OUTDOOR ADVERTISING IN AREAS ADJACENT TO NATIONAL SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS AND THE FEDERAL-AID PRIMARY SYSTEM.

THIS AGREEMENT made and entered into this 24^th day of January, 1972 by and between the Secretary of Transportation acting by and through the Federal Highway Administrator and the Arkansas Highway Commission, represented by the Director of the Arkansas Highway Department.

WHEREAS, Congress has declared that outdoor advertising in areas adjacent to the Interstate and Federal-aid Primary systems should be controlled in order to protect the public investment in such highways, to promote the safety and recreational value of public travel and to preserve natural beauty; and,

WHEREAS, Section 131 (d) of Title 23, United States Code authorizes the Secretary of Transportation to enter into agreements with the several States to determine the size, lighting, and spacing of signs, displays, and devices, consistent with customary use, which may be erected and maintained within 660 feet* of the nearest edge of the right-of-way within areas adjacent to the Interstate and Federal-aide Primary Systems which are zoned industrial or commercial under authority of State law or in unzoned commercial or industrial areas, also to be determined by agreement; and,

WHEREAS, by passage of Act No. 640 by the 1967 Arkansas Legislature, the Arkansas Highway Commission, under Section 8 of said Act, has been authorized to enter into agreement with the Secretary for the purpose of controlling the erection and maintenance of outdoor advertising in areas of the FAI and FAP Systems in Arkansas and to take action in the name of the State to comply with such agreement; and,

WHEREAS, the purpose of said agreement is to promote the reasonable, orderly, and effective display of outdoor advertising while remaining consistent with the National policy to protect the public investment in the Interstate and Federal-aid Primary Highways, to promote the safety and recreational value of public travel and to preserve natural beauty; and,

WHEREAS, the State of Arkansas desires to implement and carry out the provisions of Section 131 of Title 23, United States Code, and the National policy in order to remain eligible to receive the full amount of all Federal-aid highway funds to be apportioned to Arkansas on or after January 1, 1968, under Section 104 of Title 23, United States Code.

NOW THEREFORE, the parties hereto do mutually agree to the following:

I. DEFINITION:

For purposes of making these determinations, the following definitions apply

A. Sign means an outdoor sign, display, device, figure, painting, drawing, message, placard, poster, billboard, or other thing which is designed, intended, or used to advertise or inform, any part of the advertising or informative contents of which is visible from any place on the main traveled way of the Interstate or Federal-aid Primary Highway.

B. Traveled way means the portion of the roadway for the movement of vehicles, exclusive of shoulders.

C. Main traveled way means the through traffic lanes exclusive of frontage roads, auxiliary lanes, and ramps.

D. Erect means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish a sign but excluding customary maintenance or repair and the activities incident to the change of advertising messages on established signs or sign structures.

E. The term "Act" means Section 131 of Title 23, United States Code (1965) commonly referred to as Title I of the Highway Beautification Act of 1965.

F. Commercial or industrial activities mean those activities generally recognized as commercial or industrial by public zoning authorities in Arkansas, except that none of the following activities shall be considered commercial or industrial:

1. Outdoor advertising structures.

2. Agricultural, forestry, grazing, farming, and similar activities, including, but not limited to, wayside fresh produce stands.

3. Transient or temporary activities.

4. Activities not visible from the main traveled way.

5. Activities more than 660 feet from the nearest edge of the right-of-way.

6. Activities conducted in a building principally used as a residence.

Railroad tracks and minor sidings, except in the area of a permanent facility for loading and unloading trains.

G. Zoned commercial or industrial areas mean those areas which are zoned commercial, or industrial by a recognized by public zoning authority.

H. Unzoned commercial, business, or industrial areas means the land occupied by the regularly used building, parking lot, and storage or processing area of a commercial, business, or industrial activity, and that land within 600 feet thereof on both sides of the highway. The unzoned land shall not include:

1. Land on the opposite side of an interstate or primary freeway highway from an unzoned commercial, business, or industrial area, as defined above.

2. Land predominantly used for residential purposes.

3. Land zoned by state or local law, regulation, or ordinance.

4. Land on the opposite side of a non-freeway primary highway which is deemed scenic by the State Highway Department.

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I. Municipalities means those incorporated areas defined by an established city limits.

J. Auxiliary lane means that portion of the roadway adjoining the traveled way for speed change, turning or for other purposes supplementary to through traffic movement. (Auxiliary lanes shall include, but not be limited to, acceleration and deceleration lanes, turning lanes and climbing lanes.)

K. Ramps shall mean a turning roadway, not adjoining the traveled way, and connecting two or more legs of an intersection or interchange and shall be that section between gores, beginning and ending of auxiliary lanes, and terminal connection with an intersecting roadway or combination thereof.

L. Freeway means a divided arterial highway for through traffic with full control of access.

II. SCOPE OF AGREEMENT

This agreement shall cover the determination of standards and criteria for size, lighting, and spacing of signs permitted in zoned or unzoned commercial and industrial areas, and the established definition of unzoned industrial and commercial areas for the effective control of the erection and maintenance, along the Interstate System and the FAP System in the State of Arkansas, of outdoor advertising signs which are within 660 feet* of the nearest edge of the right-of-way and visible from the main traveled way of the systems; and,

Those determinations set forth in this agreement have been established with consideration to the customary use in the outdoor advertising industry in Arkansas and are no more restrictive than that required by Title 23, United States Code and do not apply to (a) on premise advertising, official and directional signs, identification markers as permitted under Section 131 (c) of Title 23, United States Code and Subsections 5 c, d, and e of the Arkansas Act 640; (b) all outdoor advertising signs legally erected and maintained, in zoned and unzoned commercial and industrial areas established by this agreement, on FAP and FAI Highways prior to the date of enactment of this agreement; (c) outdoor advertising signs legally erected and maintained in zoned or unzoned commercial and industrial areas established by this agreement on highways which become a part of the FAP and FAI System after the date of this agreement.

III. DETERMINATION OF SIGN STANDARDS AND CRITERIA FOR CONTROL OF OUTDOOR ADVERTISING:

A. General

The following signs shall not be permitted:

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1. Signs which imitate or resemble any official traffic sign, signal, or device.

2. Signs which are erected or maintained upon trees or painted or drawn upon rocks or other natural features.

3. Signs which are structurally unsafe or in disrepair.

B. Size of Signs

1. A sign structure may consist of two facings so long as only one facing is visible from the approaching traveled way.

2. A sign structure may contain one or two signs per facing and not more than four signs per structure.

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The maximum area of a single sign on one facing shall be 1,200 square feet and a maximum length of 60 feet and maximum height of 25 feet inclusive of any border and trim but excluding ornamental base or apron supports and other structural members.

4. When two signs are placed on one facing, the maximum area per each sign will be 550 square feet with a maximum combined length of 70 feet and a maximum combined height of 35 feet inclusive of any border and trim but excluding ornamental base or apron supports and other structural members.

5. The length will be measured at the maximum horizontal span including cutouts and trim and will include the space between signs when two signs are placed on one facing.

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The height shall be measured from the lowest and highest points including cutouts and trim on the sign or two signs, regardless of the facing on which they are located, and shall include the space between signs when one sign is placed over another sign on one facing.

C. Spacing of signs

1. Interstate and primary highways:

(a) Signs may not be located in such a manner as to obscure, or otherwise interfere with the effectiveness of an official traffic sign, signal, or device, or obstruct or interfere with the driver's view of approaching, merging, or intersecting traffic.

2. Interstate Highways and Freeways on the Federal-aid Primary System:

(a) No two structures shall be spaced less than 500 feet apart.

(b) In areas outside municipalities, no structure may be located within the area immediately adjacent to an interchange, an auxiliary lane or ramp, and within 500 feet from the beginning or ending of the pavement widening at the exit from or entrance to the main traveled way.

Non-Freeway Federal-aid Primary Routes:

(a) Outside of Municipalities - no two structures shall be spaced less than 300 feet apart.

(b) Inside Municipalities - no two structures shall be spaced less than 100 feet apart.

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4. These minimum spacings do not apply to sign structures separated by buildings or other obstructions in such a manner that only one sign structure is visible from the highway at any one time.

5. Explanatory Notes:

(a) Alleys, undeveloped rights-on-way, private roads and driveways shall not be regarded as intersecting streets, roads or highways.

(b) Only roads, streets and highways which enter directly into the main traveled way of the primary highway shall be regarded as intersecting.

(c) Official and "on premise" signs, as defined in Section 131 (c) of Title 23, United States Code, and subsections 5 c, d, and e of the Arkansas Act shall not be counted nor shall measurements be made from them for purposes of determining compliance with these sign spacing requirements.

(d) Outdoor advertising signs legally erected prior to the date of enactment of this agreement will be counted and measurements made from them for purposes of determining the spacing of signs erected after the date of enactment of this agreement.

(e) The minimum distance between signs shall be measured along the nearest edge of the pavement between points directly opposite the signs and each side of the highway will be considered separately.

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D. Lighting

Signs may be illuminated, subject to the following restrictions:

1. Signs which contain, include, or are illuminated by any flashing, intermittent, or moving light or lights are prohibited, except those giving public service information such as time, date, temperature, weather, or similar information.

2. Signs which are not effectively shielded as to prevent beams or rays of light from being directed at any portion of the traveled ways of the Interstate or Primary highways and which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle, or which otherwise interferes with any driver's operation of a motor vehicle are prohibited.

3. No sign shall be so illuminated that it interferes with the effectiveness of, or obscures an official traffic sign, device, or signal.

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E. Zoning authority

The State of Arkansas and local political subdivisions shall have full authority under their own zoning laws to zone areas for commercial or industrial purposes and the action of the State and local political subdivisions in this regard will be accepted for the purposes of this agreement. At any time that a political subdivision adopts comprehensive zoning which includes the regulating of the size, lighting, and spacing of outdoor advertising signs within the zoned commercial and industrial areas consistent with the purposes of the Highway Beautification Act of 1965 and with customary use the Arkansas Highway Commission may certify to the Administrator as notice of effective control of signs within the zoned area.

IV. STATE CONTROL

The Arkansas Highway Commission hereby agrees that in accordance with the scope of this agreement, the Commission shall effectively control, or cause to be controlled, the erection and maintenance of outdoor advertising signs.

V. CONDITIONS

A. It is further agreed that these determinations are based on the contents and requirements of the Highway Beautification Act of 1965 as it exists on this date and that any amendment or interpretation of said Act modifying the requirements for the States will automatically provide the Arkansas State Highway Commission the option of revising this agreement to reflect the latest revisions or interpretations.

B. It is hereby agreed that the State will not be required to remove any tourist-oriented sign, display or device until the Highway Beautification Commission submits its report and recommendation to the Congress of the United States.

C. It is mutually understood that no sign, display, or device will be required to be removed under this agreement if the Federal share of the just compensation to be paid upon removal of such sign, display, or device is not available to make such payment.

VI. EFECTIVE DATE

This agreement shall become effective on the date that it is approved by the Federal Highway Administrator.

IN WITNESS WHEREOF the parties hereto have caused this agreement to be duly executed as of the date specified.

January 14, 1972

ARKANSAS STATE HIGHWAY COMMISSION

By /s/ Ward Goodman

Director of Highways

Arkansas State Highway Department

January 24, 1972

SECRETARY OF TRANSPORTATION

By /s/ Francis B. Turner

Federal Highway Administrator

HOW TO OBTAIN PERMIT

Permit applications may be obtained from the Environmental Division's Beautification Section, Arkansas State Highway and Transportation Department, P.O. Box 2261, Little Rock, Arkansas, 72203.

Completed applications for signs in legal zones should be submitted to the Environmental Division, Beautification Section, P.O. Box 2261, Little Rock, Arkansas 72203.

Applications must include a $40 fee for each sign (check or money order, no cash.) Separate checks shall be sent for each application.

Upon application for a permit, the sign owner must arrange with the State Inspector to show the exact location for the proposed device. This must be accomplished by either an on-site visit by the sign owner's representative or by an easily visible stake or marker.

Information will be reviewed and a permit will be issued for signs that comply with all regulations.

If signs do not comply, fees will be returned with a brief explanation concerning the reason for permit refusal.

After 30 days from issuance of permit, the State's Inspector will review the device and if it complies with all regulations, affix a permit decal to the structure. If a device has not been erected within 120 days from the issuance of the permit, the permit will no longer be valid.

Signs without a permit decal are not valid. Permit markers for Class A permits and Class B permits will be of different colors.

Class A permits will expire on December 31 of odd number years (2007, 2009, 2011, etc.). Class B permits will expire on December 31 of even numbered years (2006, 2008, 2010, etc.). Renewal applications must be received by the Arkansas State Highway and Transportation Department, Beautification Section, by December 31 of such years. The renewal fee for a Class A outdoor advertising permit shall be $20.00. The renewal fee for a Class B permit shall be $30.00.

By December 1 of such year, a notice of renewal will be sent to the permit-owner.

Commencing December 2006, and each year thereafter, if the renewal application and fee are not received from the permit-owner by December 31, a second renewal notice will be sent to the permit-owner granting until January 31 to renew the permit.

If the renewal application and fee are not received from the permit-owner by January 31, a third renewal notice will be sent by certified mail stating that the permit has expired and

a renewal application and fee must be received by the Arkansas State Highway and Transportation Department by the thirtieth day after January 31. Weekends and holidays shall be included when calculating the 30-day period.

If the renewal application and fee are not received from the permit-owner by the thirtieth day after January 31, then the sign must be removed.

It shall be the responsibility of the permit-owner, and not the Arkansas State Highway and Transportation Department, to provide the appropriate mailing address for renewal notification.

REVISED REGULATIONS FOR ISSUANCE OF PERMITS FOR OUTDOOR ADVERTISING DEVICES AND SIGNS

SECTION

1. As used in these regulations the term:

A. "Outdoor advertising device" means any outdoor sign, display, figures, painting, drawing, message, plaque, poster, billboard, or other thing, hereinafter referred to as "device", which is designated, intended, or used to advertise, any part of the advertising of which is visible from any place on the main traveled way of the Interstate, or Primary Highways.

B. "Sign" means an outdoor display, device, figure, painting, drawing, message, placard, poster, billboard, or other thing which is designated, intended, or used to advertise or inform, any part of the advertising or informative contents of which is visible from any place on the main traveled way of the Interstate or Federal-aid Primary Highway.

C. "Agreement" means the agreement between the Arkansas State Highway Commission and the United States Secretary of Transportation executed on January 24, 1972, pursuant to Article I of Act 640 of the Acts of the 1967 Arkansas General Assembly, which agreement established standards and criteria for size, lighting, and spacing of signs permitted in zoned or unzoned commercial and industrial areas within 660 feet of Interstate or Primary Highways in Arkansas*, and which defined unzoned and commercial and industrial areas.

D. "Manual" means the pamphlet published by the Arkansas State Highway Commission setting out and exemplifying the requirements of the Agreement, entitled Regulations for Control of Outdoor Advertising, authorized by Commission Minute Order 72-6, dated January 26, 1972.

E. "Conforming outdoor advertising device" means a device which is in conformity with the requirements of the Act 640.

F. "Nonconforming outdoor advertising device" means a device which does not conform to the requirements of the Act 640.

G. "Illegal outdoor advertising device" means a device erected and/or maintained in violation of the law.

H. "Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish a device or sign or sign structure as defined, by the Agreement, but excluding customary maintenance or repair and the activities incident to the change of advertising messages on established devices or sign structures.

I. "Customary maintenance or repair". The following activities are considered to fall within the meaning of customary maintenance or repair and copy change:

(1) The routine replacing of border and trim as well as repair of structural members and replacing of structural members destroyed by an outside force other than normal deterioration. Re-erection of a device rendered unfunctional within the definition of "device" herein is specifically prohibited as customary maintenance except as provided in the last paragraph of Section 3 herein. The raising or lowering of the height of a sign structure as a result of any repair is specifically prohibited.

(2) Slight temporary alterations of some of the outside dimensions of painted bulletin boards incidental to copy change, which do not substantially increase the overall dimensions of the advertising copy portion of the device.

(3) Any net decrease in the outside dimensions of the advertising copy portion of the device will be permitted. Any subsequent change in the outside dimensions of the panel will be permitted so long as it does not exceed the actual dimensions the State and owner's records indicate existed when the device was permitted. In no case, however, will legal size limitations be exceeded.

(4) The placing of night time illumination on existing sign structures is specifically prohibited as customary maintenance, except in such cases where the sign owner will sign a waiver of any future compensation as applies to illumination; however, such illumination may be permanently removed from such sign structure.

J. "Comprehensive zoning" means a zoning plan established by State or local law, regulation or ordinance, which includes regulations consistent with customary use and the provisions of the agreement controlling the erection and maintenance of signs in the zoned areas. Except that, any area determined by the Department to be included in the area of such a zoning plan solely for the purpose of allowing outdoor advertising does not come within this definition.

K. "National Standards" means those standards promulgated by the Secretary of Transportation and published in 23 CFR 21 setting standards for regulation of State of Directional and other Official Signs adjacent to the National System of Interstate and Defense Highways.

L. "Tri-Vision sign" means a single faced sign having a series of three-sided, vertical slats arranged side by side which are rotated in the same direction, simultaneously, by an electric-mechanical process displaying a total of three separate and distinct messages, one message at a time. Tri-Vision signs are approved by permit prior to installation and are subject to the following:

(1) The slat twirl time shall be two (2) seconds or less.

(2) The slat dwell time shall be eight (8) seconds or more.

(3) Tri-Vision signs shall contain a default design that will freeze the sign in one position if a malfunction occurs.

(4) Tri-Vision signs shall comply with all other requirements of Federal and State Highway Beautification laws and regulations.

SECTION 2.

On or after October 1, 1972, any existing device within 660 feet* of the nearest right-of-way limit of any Interstate or Primary highway must have a permit issued by the Arkansas State Highway Department evidenced by a permit marker affixed to a post or member supporting the device. Permits shall not be required for signs exempt under Par. 6 of these regulations.

SECTION 3. Permits shall be issued in two classes, as follows:

Class A Permits are issued for conforming devices and for any alteration thereof which is not customary maintenance. Class A Permits are granted upon condition that the permitted device will be removed at the owner's expense should its location either now or at any future date violate any provisions of Act 640 of the General Assembly of Arkansas for the year 1967, or rules and regulations promulgated pursuant thereto. Nothing in this regulation is intended to require the removal of signs at the owner's expense for which Act 640 of 1967 provides that just compensation be paid.

Class B Permits are issued for the maintenance of existing nonconforming devices until they are required to be removed under the provisions of Article 1, Section 7, or Act 640 of 1967. Issuance of a permit for an existing nonconforming device shall not be considered to be a determination of the eligibility and entitlement, or non-eligibility of the device for compensation if the device is later required by law to be removed.

Devices for which a permit has been issued are subject to customary maintenance or repair as defined herein, but re-erection of a device rendered unfunctional is specifically prohibited on any nonconforming device erected after the effective date of Act 640. New permits will be issued to re-erect conforming devices rendered unfunctional and to re-erect those nonconforming devices rendered unfunctional which were erected prior to the effective date of the Act, or those in existence along secondary highways added to the primary system.

SECTION 4.

Permit applications may be obtained from the Environmental Division's Beautification Section, Arkansas State Highway and Transportation Department, P.O. Box 2261, Little Rock, Arkansas, 72203.

Completed applications for signs in legal zones should be submitted to the Environmental Division, Beautification Section, P.O. Box 2261, Little Rock, Arkansas, 72203. Applications must include a $40 fee for each sign (check or money order, no cash.) Separate checks shall be sent for each application.

Upon application for a permit, the sign owner must arrange with the State Inspector to show the exact location for the proposed device. This must be accomplished by either an on-site visit by the sign owner's representative or by an easily visible stake or marker.

Information will be reviewed and a permit will be issued for signs that comply with all regulations.

If signs do not comply, fees will be returned with a brief explanation concerning the reason for permit refusal.

At the time of application for a permit for a device to be erected, the erector shall arrange with the State Inspector for an inspection of the actual site of the device in accordance with the provisions of the Manual. If the inspector determines that the location and the device proposed to be erected are conforming, a Class A permit will be issued for the erection of the device. After issuance of the permit and notification by the erector, the Inspector will reinspect the erected device and if it complies with all regulations as set out in the Manual a permit marker will be affixed to the device.

If the application for a permit is for an existing device, the Inspector will in like manner inspect the device and site and if the location is determined to be conforming and if the device complies with all regulations as set out in the Manual, a Class A permit will be issued and a permit marker will be affixed to the device.

If the location of the existing device is determined to be nonconforming or if it does not comply with all regulations set out in the Manual, a Class B permit will be issued and a permit marker will be affixed to the device permitting its existence until it is required by law to be removed.

After 120 days from issuance of permit, the State's Inspector will review the device and if it complies with all regulations, affix a permit decal to the structure. If a device has not been erected within 120 days from the issuance of the permit, the permit will no longer be valid.

Signs without a permit decal are not valid. Permit markers for Class A permits and Class B permits will be of different colors.

Class A permits will expire on December 31 of odd number years (2007, 2009, 2011, etc.). Class B permits will expire on December 31 of even numbered years (2006, 2008, 2010, etc.). Renewal applications must be received by the Arkansas State Highway and Transportation Department, Beautification Section, by December 31 of such years. The renewal fee for a Class A outdoor advertising permit shall be $20.00. The renewal fee for a Class B permit shall be $30.00.

By December 1 of such year, a notice of renewal will be sent to the permit-owner.

Commencing December 2006, and each year thereafter, if the renewal application and fee are not received from the permit-owner by December 31, a second renewal notice will be sent to the permit-owner granting until January 31 to renew the permit.

If the renewal application and fee are not received from the permit-owner by January 31, a third renewal notice will be sent by certified mail stating that the permit has expired and a renewal application and fee must be received by the Arkansas State Highway and Transportation Department by the thirtieth day after January 31. Weekends and holidays shall be included when calculating the 30-day period.

If the renewal application and fee are not received from the permit-owner by the thirtieth day after January 31, then the sign must be removed.

It shall be the responsibility of the permit-owner, and not the Arkansas State Highway and Transportation Department, to provide the appropriate mailing address for renewal notification.

SECTION 5.

The following actions and conditions shall be cause for revocation of a permit:

A. Violation of the laws of the State of Arkansas or these regulations in the erection or maintenance of a device, in the event the sign cannot be maintained in conformity with the law.

B. Failure to maintain the device in a state of good repair after reasonable notice to the owner that the device is in a state of disrepair.

C. Fraud or misrepresentation in the application for a permit. The owner of the device will be notified of the pending revocation and given a reasonable time to correct the deficiency. If said deficiency is not then corrected, the device will be removed as an illegal sign.

SECTION 6.

Permits shall not be required for the following signs and devices which are erected in conformance with the regulations hereinafter set out:

A. Signs or devices in areas with comprehensive zoning.

B. On premise devices

(1) Devices advertising the sale or lease of property on which they are located.

(2) Devices advertising activities conducted on the property on which they are located.

a. Property on which advertising activities are conducted means the land occupied by the regularly used building, parking lot, and storage or processing area of a commercial, business, or industrial activity.

C. Directional and other official signs.

(1) Signs erected by or for public officials in the discharge of their duties, such as zoning changes, historical markers, public utility signs, etc.

(2) Service Club Signs providing information about meetings of Rotary, Kiwanis or other service clubs, and church signs. These signs must not exceed 8 sq. ft in size.

(3) Public service signs on school bus shelters shall not exceed 32 sq. ft. in area and the message shall conform to National Standards for message content.

(4) Directional signs.

(a) Signs containing directional information about public places owned or operated by Federal, State or local governments or their agencies; public or privately owned natural phenomena, historic, cultural, scientific, educational and religious sites; and areas of natural scenic beauty or naturally suited for outdoor recreation, deemed to be in the interest of the traveling public.

(b) National Standard Categories for Directional Signs.

(1) General. The following are prohibited: signs advertising illegal activities; signs which are traffic hazards; signs erected on trees or painted on rocks or other natural features; obsolete signs or signs in disrepair; and signs which move.

(2) Size. Shall not exceed 150 sq. ft. in area, 20 feet maximum length, including border and trim but excluding supports.

(3) Lighting. Signs with flashing or moving lights; overly bright or intense lights and lights which would interfere with safe traffic movement are prohibited.

(4) Spacing. Signs shall not be placed within 2000 feet of an interchange, rest area, park lane, or scenic area, or within 1 mile of another directional sign facing the same travel direction; only 3 signs pertaining to the same activity may be erected facing the same direction of travel on a single route approaching the activity; and signs must be within 75 air miles of the activity if the sign is adjacent to an Interstate highway, or 50 air miles if on a primary highway.

(5) Message Content. Must be limited to identification of activity without descriptive words or phrases or pictorial representations.

(6) Selection Criteria. Privately owned attractions or activities must be nationally or regionally known and listed with the Arkansas Historical Society or the Parks and Recreation Commission shall be accepted as evidence of such recognition, but the fact that an attraction or activity is not listed will be conclusive evidence that it is not nationally or regionally known.

History

• 8/4/2006

001.00.07 Ark. Code R. 001 Regulations for the Control of Outdoor Advertising - Electronic Message Device (EMD)

Section 7 Electronic Message Devices (EMD)

A. Definitions:

"Electronic Message Device (EMD)" means a sign with the capability of displaying words, symbols, figures or images controlled by electronic communications.

"Blinking" means any form of flashing where a pattern of sudden illumination changes occurs, excluding the transition of electronic messages.

"Dissolve" means a mode of message transition on an Electronic Message Device accomplished by varying the light intensity or pattern, where the first message gradually appears to dissipate and lose legibility simultaneously with the gradual appearance and legibility of the subsequent message.

"Fade" means a mode of message transition on an Electronic Message Device accomplished by varying the light intensity or pattern, where the first message gradually reduces the intensity to the point of not being legible and the subsequent message gradually increases intensity to the point of legibility.

"Flashing" means any pattern of changing light illumination where the sign illumination alternates suddenly between fully illuminated and fully non-illuminated, excluding the transition of electronic messages.

"Intermittent" means any pattern of changing light intensity, other than that achieved with fade, dissolve or instantaneous transitions or the temporary suspension of illumination.

"Malfunction" means any interruption in the normal display on the Electronic Message Device that results in blinking, flashing, intermittent or moving light display of lighting, and any other abnormal function of the sign that would cause distraction to motorists.

"Moving light" means the physical change in position of any visible illumination source while lighted or the simulation of movement achieved with a pattern of sequentially illuminating visible illumination sources within close proximity of each other.

B. All structures that display electronic messages shall be subject to the provisions found in these Regulations, and must be approved by permit prior to installation.

1. For permitted structures containing an EMD, only one EMD shall be allowed per facing, and the EMD shall be the only sign allowed on that facing.

Electronic message changes must be accomplished within an interval of two (2) seconds or less.

3. The message or image on an EMD must remain static for a minimum of eight (8) seconds or more.

4. EMDs shall contain a default design that will freeze the sign in one position if a malfunction occurs. The Department shall be provided with an on-call contact person and telephone number for every permitted EMD. In the event of malfunction, the contact person must have the ability and authority to make modifications to the displays and lighting levels should the need arise. If modifications cannot be made to correct the malfunction within a timely manner, then the EMD should be disabled until the modifications are made. It shall be the responsibility of the permittee to maintain accurate and current contact information.

5. Signs that contain, include, or are illuminated by any flashing, intermittent, or moving light or lights, including animated parts or scrolling messages or images, are prohibited, with the exception of those giving public service information such as time, date, temperature, and weather and/or similar information as approved by the Department.

6. There shall be no appearance of a visual dissolve or fading in which any part of one electronic message/display appears simultaneously with any part of a following electronic message/display.

7. Should the Department, in its discretion, find the EMD sign, or any display or effect thereon, to cause glare or to impair the vision of the driver of any motor vehicle or which otherwise interferes with the operation of a motor vehicle, the owner of the sign shall, within twenty-four (24) hours after notification by the Department, reduce the intensity of the sign to an acceptable level. Failure to reduce lighting intensity on request may be cause for revocation of the permit.

8. A sign owner may modify existing, legal, conforming structures to an EMD only after filing an application and receiving approval by the Department.

9. Signs containing EMDs shall not be located closer than 1,500 linear feet along Interstate highways and 1,000 linear feet along non-Interstate state highways of another EMD when viewed from the same direction of the traveled way.

EMDs shall comply with all other requirements of Federal and State Outdoor Advertising Regulations.

Failure to adhere to any of these provisions may result in the revocation of the EMD portion of the permit [following due process including notice to comply].

History

• 6/11/2007

001.00.12 Ark. Code R. 001 Rule M - Maintenance of Railroad Crossings; Rule X - Obstruction of Public Highways, Roads, Street, or Other Railroad Crossings or Public Property

RAILROAD SAFETY AND REGULATORY RULES

PROMULGATED UNDER ACT 726 OF 1993

AS AMENDED BY ACT 668 OF 1995

MAINTENANCE OF RAILROAD CROSSINGS

Rule M-1.1

Each railroad company operating within the State of Arkansas shall be responsible for the maintenance of that portion of the crossing lying between the rails of the tracks and to the ends of crossties on each side. To the extent practicable, the railroad company shall maintain this area in a good state of repair, equal to or better than the adjoining portions of the roadway.

The surface of each grade crossing shall conform to the plane of the tops of the rails and be constructed and maintained in a reasonably smooth condition. The public authority with jurisdiction over the roadway at the crossing shall be responsible for maintaining the remaining portion of the roadway at the crossing beyond the ends of crossties. Maintenance of grade crossings shall be the responsibility of the parties as found above unless otherwise ordered by the Arkansas State Highway Commission or agreed to by the parties involved.

Rule M-1.2

No crossing at grade shall be required to be maintained by the railroad company at a standard that is higher than the condition of the approach to that crossing as maintained by the public authority with jurisdiction over that roadway.

Rule M-1.3

(a) Each railroad company shall notify in writing by certified mail the public authority with jurisdiction over the roadway in question at least two (2) weeks in advance of the date that it intends to raise or lower the elevation of one or more tracks at any . crossing.

(b)

(1) No scheduled or programmed maintenance or construction shall begin on a railroad crossing which will cause the crossing to be blocked for a period in excess of the time allowed in these rules until the railroad company has notified in writing by certified mail and received approval from the public authority with jurisdiction over the roadway in question. Said notice shall be provided to the public authority with jurisdiction over the roadway not less than thirty (30) days in advance of the date work is scheduled to begin.

(2) In the event that the public authority with jurisdiction over the roadway fails to act on the request within one (1) week of the date work is scheduled to begin, the railroad company may begin the scheduled maintenance or construction after filing with the Commission a copy of the certified mail and return receipt requesting approval of the blocking of the crossing for a period in excess of the time allowed in these rules.

(3) In the event the public authority with jurisdiction over the roadway disapproves the request to block the crossing, the railroad company may petition the Commission for a hearing requesting approval of the obstruction. Notice of the hearing shall be served on the public authority having jurisdiction over the roadway. All parties shall have the right to appear and present evidence regarding the necessity for the blocking and/or the reasons for not approving the blocking. At the conclusion of the hearing, the Commission or its hearing officer shall make findings of fact and enter an order in conformance with those findings. All decisions by the Commission under this rule shall be appealable to the circuit courts of the county in which the crossing is situated.

(c) In no event shall the provisions of this rule apply to situations where a crossing is blocked for emergency maintenance or construction by the railroad company required to make the crossing accessible to the traveling public.

(d) When any maintenance or construction, whether scheduled or emergency in nature, shall require the obstruction or closing of the crossing in excess of thirty (30) minutes, the railroad company shall be responsible for the placement of signs showing the designated alternative or detour route. Such alternative route shall conform to the requirements of Rule X-1.2(b)(2) and (c) in all respects.

Rule M-1.4

The Arkansas State Highway and Transportation Department will establish a Railroad Crossing Investigation Team. The team will initiate an investigation when a complaint concerning the maintenance of a railroad crossing has been filed with the Commission. The team will be responsible for compiling a report to be presented to the Commission or its hearing officer. When the written report has been completed, it will be made available to the public authority and the railroad company, upon request, in advance of the date set for any hearing on the complaint.

The investigation will include an on-site inspection of the crossing in question. If the Railroad Crossing Investigation Team deems it appropriate and useful to their investigation, representatives of the railroad company and the public authority having jurisdiction over the roadway may be invited to join the team at its on-site inspection of the crossing in question. In no event shall the team invite representatives from one party without extending the invitation to the other party.

Rule M-1.5

When any state, municipal, or county official files a complaint with the railroad company, the official in question shall notify the railroad company in writing of the exact location of the crossing and the nature of the problem giving rise to the complaint. The letter shall include at a minimum the AAR-DOT number of the crossing, as well as the public highway number, road number, or street name on which the crossing is located, and the fact that the complaint is being brought pursuant to Act 726 of 1993 and Act 668 of 1995, as found in Ark. Code Ann. § 23-12-1001 et seq. Said complaint shall be filed with the railroad company by certified mail.

Within forty-five (45) days after the receipt of the certified mail by the railroad company, the railroad company shall respond to the claim or complaint in writing by certified mail. The response by the railroad company shall state with specificity what action it has taken or plans or intends to take to correct the situation including the timeframe for its completion, why it believes no action should be taken, or any defense to which the railroad company believes it is entitled.

Every claim or complaint filed by any state, municipal, or county official shall also be served on the Commission. The response by the railroad company shall also be served on the Commission. The copies filed with the Commission shall be for information only at this stage of the proceedings.

Rule M-1.6

Each railroad company shall designate an agent for service of complaints pursuant to these rules. The name and address of the designated agent shall be supplied to the Commission, and shall be updated by the railroad company upon any change being made.

Rule M-2.1

When any state, municipal, or county official has requested action by a railroad company and the railroad company has failed to comply with these regulations pursuant to the provisions of Ark. Code Ann. § 23-12-1001 et seq., or the complaint has not been resolved to the satisfaction of the state, municipal, or county official, said complaining official shall notify the Commission in writing. Said notification shall be by certified mail.

No complaint may be officially filed with the Commission until the state, municipal, or county official has filed a complaint in writing by certified mail to the designated agent of the railroad company in question and the time allowed for responding to the complaint has expired. If the railroad company has not responded to the claim or complaint in writing within the time allowed, stating the specific measures taken or to be taken to improve the crossing or why no action is deemed necessary, or in the event that the issue is not resolved to the satisfaction of the complaining official, the official may then file a complaint with the Commission in accordance with the procedures contained within these rules.

The complaining official shall enclose with the complaint filed with the Commission a certified copy of all correspondence between the municipality, county, or state agency involved and the railroad company. Copies of receipts for certified mail showing delivery of the complaint shall also be provided by the complaining official.

Rule M-2.2

Within sixty (60) days after the receipt of the complaint, the department will have completed an investigation of the complaint. The investigation will include a study of the railroad crossing by the Railroad Crossing Investigation Team. It will include, at a minimum, an on-site inspection as well as the collection and presentation of data relating to the maintenance of the crossing. The investigation will follow written procedures established and published by the department. A written report will be presented to the Commission or its hearing officer.

Rule M-2.3

Upon receipt of the complaint from the official, the Commission will schedule a hearing on the complaint. Notice of the hearing will be given to the railroad company's designated agent and the complaining party at least twenty (20) days in advance of the hearing. The hearing will be held within sixty (60) days from the date the complaint is received by the Commission.

The Commission may designate that the hearing be held before its hearing officer, who will be vested with the authority to determine whether the crossing has been maintained in accordance with the requirements of the Railroad Safety and Regulatory Act of 1993 and these rules. The hearing shall be on the record. A transcript of the proceedings will be prepared at the conclusion of the hearing and filed with the Commission. Any order or decision of the hearing officer adopted or ratified by the Commission shall be a final order of the Commission.

Based on information presented at the hearing, if the Commission or its hearing officer makes a finding of inadequate action or unreasonable refusal on the part of the railroad in violation of the provisions of Ark. Code Ann. § 23-12-1001 et seq. and these rules, the Commission will levy a penalty in accordance with the Railroad Regulatory and Safety Act of 1993.

Rule M-2.4

All orders of the Commission or its hearing officer shall be in writing and issued within ten (10) days after such hearing; they shall be served on all parties to the complaint and proceedings thereunder. Upon its own motion or upon the motion of any party filed within ten (10) days of entry of any order or decision rendered by the hearing officer, said order or decision may be reviewed by the Commission; the Commission may adopt the hearing officer's decision in whole or in part, may modify the decision, or reverse the decision as a result of its review.

Appeals of decisions of the Commission shall be lodged with the circuit clerk of the county in which the crossing is located within thirty (30) days after the written decision has been rendered. The decision of the Cornrnission shall be final unless appealed. Notice of appeal shall be filed with the Commission. When notice of appeal is filed the department will begin preparation of the record in the matter. The record will include the transcript of the proceedings before the Commission or its hearing officer and all documents pertaining to the complaint, investigation, and hearing. The party lodging the appeal shall bear the cost of the preparation of the record in this matter.

Rule M-2.5

Any other proceeding authorized by Act 726 of 1993 as found in Ark. Code Ann. § 23-12-1001 et seq, shall be initiated by the filing of a petition by the moving party, with service by certified mail on all other parties to the proceeding. Responses to petitions must be filed within ten (10) days after service on the Commission by all other parties wishing to respond.

Petitions for rehearing must be filed within ten (10) days after service of any order issued by the Commission or its hearing officer. Petitions for rehearing must allege an error of fact or law, and be verified by the party requesting the rehearing. The filing of a petition for rehearing does not stay the time for filing an appeal with the circuit court.

OBSTRUCTION OF PUBLIC HIGHWAYS, ROADS, STREETS OR OTHER RAILROAD CROSSINGS OR PUBLIC PROPERTY

Rule X-1.1

No railroad company operating in the State of Arkansas shall cause a public grade crossing to be blocked from the hours of 6:00 a.m. to 10:00 p.m. in excess of ten (10) continuous minutes from the time the first roadway user is blocked at the crossing. From the hours of 10:00 p.m. to 6:00 a.m., no public grade crossing shall be blocked in excess of fifteen (15) continuous minutes from the time the first roadway user is blocked at the crossing. Each period of crossing blockage shall be followed by a interval of time sufficient to allow the passage of all waiting traffic.

In the event the operations of any railroad company shall require a public grade crossing to be blocked in excess of the time allowed by these rules, said railroad shall cause the train to be cut and allow all traffic to move over the crossing until such time as the railroad is able to move the train from the crossing site in question.

Rule X-1.2

(a) Public grade crossings may be blocked for a period in excess of the time allowed in Rule X-1.1 provided there is an alternative unobstructed crossing available to the roadway users. In no event shall the crossing be blocked for a period in excess of thirty (30) minutes.

(b)

(1) An alternative crossing shall be defined as a crossing that requires no more than one-half (1/2) additional mile of travel when the crossing is within city limits or one (1) additional mile of travel when the crossing is outside city limits as a detour for motorists altering their route as a result of a blocked crossing. The detour route to the alternative crossing must be a viable way of travel, comparable in condition and maintenance to the road being blocked. The detour must be visible or apparent to the motorist from the site of the blocked crossing.

(2) In the event an alternative crossing is not available that complies with the provisions of this rule, the railroad company may petition the Commission for an exception to this rule. Such petition shall be filed with the Commission and shall state the reasons for the exception; a copy shall be served on the public authority having jurisdiction over the roadway in question. After notice to and a hearing involving all interested parties, the Commission may enter an order containing findings of facts granting or denying said exemption. Any party to the proceeding may appeal said order to the circuit court of the county in which the crossing is located.

(c) Any grant of an exemption by the Commission or its hearing officer shall be for the crossing in question and shall not apply to any other crossing. Said exemption may be reviewed at a later date, upon written petition by any of the parties, alleging that the facts and circumstances surrounding the exemption have changed. Upon filing of the petition, the notice and hearing procedures outlined above shall be followed. The Commission or its hearing officer will enter a written order as a result of the hearing. Upon its own motion or upon the motion of any party filed within ten (10) days of entry of any order or decision rendered by the hearing officer, said order or decision may be reviewed by the Commission; the Commission may adopt the hearing officer's decision in whole or in part, may modify the decision, or reverse the decision as a result of its review. Any party to this proceeding may appeal said order to the circuit court of the county in which the crossing is located.

Rule X 1.3

(a) The permissible standing time for trains shall not include a moving train that is blocking a crossing. A moving train is defined as a train that is moving continuously in the same direction. A standing train for purposes of these rules shall include all switching operations that block a public grade crossing as well as standing trains, which are stopped on the track thereby causing a public grade crossing to be blocked.

(b) In the event that the railroad company must block a crossing in excess of the time allowed on a regular basis in order to serve its customers, perform switching operations, or other related reasons, the railroad company may petition the Commission for an exception to this rule. Said petition shall be in writing, and shall set forth the facts and circumstances justifying such exception. A copy of the petition shall be served on the public authority having jurisdiction over the roadway in question.

After notice to all parties and a hearing on the matter, the Commission or its hearing officer will enter an order granting or denying the petition. The order will contain findings of fact and will be served on all parties to the proceeding. Upon its own motion or upon the motion of any party filed within ten (10) days of entry of any order or decision rendered by the hearing officer, said order or decision may be reviewed by the Commission; the Commission may adopt the hearing officer's decision in whole or in part, may modify the decision, or reverse the decision as a result of its review. Any party to the proceeding may appeal the decision of the Commission to the circuit court of the county in which the crossing is located.

(c) Any grant of an exemption by the Commission shall be for the crossing in question and shall not apply to any other crossing. Said exemption may be reviewed at a later date, upon written petition by any of the parties, alleging that the facts and circumstances surrounding the exemption have changed. Upon filing of the petition, the notice and hearing procedures outlined above shall be followed. The Commission or its hearing officer will enter a written order as a result of the hearing. Upon its own motion or upon the motion of any party filed within ten (10) days of entry of any order or decision rendered by the hearing officer, said order or decision may be reviewed by the Commission; the Commission may adopt the hearing officer's decision in whole or in part, may modify the decision, or reverse the decision as a result of its review. Any party to this proceeding may appeal said order to the circuit court of the county in which the crossing is located.

Rule X-1.4

When any state, municipal, or county official files a complaint in writing with the railroad company, the official in question shall notify the railroad company of the exact location of the crossing and the nature of the problem giving rise to the complaint, including but not limited to the dates, duration, beginning and ending times, and frequency of the blocking of the crossing. The complaint shall include at a minimum the AAR-DOT number of the crossing, as well as the public highway number, road number or street name on which the crossing is located, and the fact that the complaint is brought pursuant to Act 726 of 1993 and Act 668 of 1995, as found in Ark. Code Ann. § 23-12-1001 et seq. Said complaint shall be served on the railroad company by certified mail.

Within forty-five (45) days after receipt of the certified mail by the railroad company, the railroad company shall respond to the claim or complaint in writing by certified mail. The response by the railroad company shall state what action it has taken or will be taken to correct the situation, why it believes no action should be taken, or any defense to the claim or complaint to which the railroad company believes it is lawfully entitled.

Every claim or complaint filed by any state, municipal, or county official shall also be served on the Commission. The response by the railroad company shall also be served on the Commission. The copies filed with the Commission shall be for information only at this stage of the proceedings.

Rule X-1.5

These rules shall not apply to any train continuously moving in the same direction during the entire time that it occupies the crossing, any instance where no vehicular or pedestrian traffic is waiting to cross the track at the crossing, or blockage caused by wrecks, derailments, acts of nature or other emergency conditions not under control of the railroad or during emergency operational procedures required by Federal law.

Rule X-1.6

Each railroad company shall designate an agent for service of complaints pursuant to these rules. The name and address of the designated agent shall be furnished to the Comrnission, and shall be updated by the railroad company upon any change being made.

Rule X-2.1

Complaints filed with the Commission regarding the obstruction of public highways, roads, streets or other crossings or public property by railroad equipment may be made by any state, municipal, or county official. The complaining party shall state in the complaint the exact location of the crossing and the nature of the problem giving rise to the complaint, including but not limited to the dates, duration, beginning and ending times, and frequency of the blocking of the crossing. The crossing shall be identified by its AAR-DOT number as well as the public highway number, road number or street name upon which the crossing is located. The complaint shall further identify the fact that the complaint is brought pursuant to Act 726 of 1993, as found in Ark. Code Ann. § 23-12-1001 et seq. Such complaint shall be served on the Commission by certified mail by the state, municipal, or county official making the complaint.

Rule X-2.2

No complaint shall be officially filed with the Commission until the state, municipal or county official has filed a complaint in writing by certified mail to the designated agent of the railroad company in question and the forty-five (45) days allowed for responding to the complaint has expired. If the railroad company has not responded to the claim or complaint in writing within the time allowed, stating the specific reasons for obstructing the crossing for a period in excess of the allowable time or alleging a defense to the complaint, or in the event that the issue is not resolved to the satisfaction of the complaining official, the official may then file a complaint with the Commission according to the procedures contained within these rules. The complaining official shall enclose with the complaint filed with the Commission a copy of all correspondence between the official and the railroad company, including copies of receipts for certified mail showing delivery of the complaint.

Rule X-2.3

Upon receipt of a complaint filed alleging non-compliance with these rules, the department will make an investigation of the crossing. The investigation will include but not be limited to the reasonable availability of an alternative crossing, as defined in these rules, for vehicular or pedestrian traffic. The District Engineer or his designee will investigate the availability of an alternative crossing, the travel distance required, and the suitability of the alternative crossing for vehicular or pedestrian traffic. A written report containing this information will be forwarded to the Railroad Crossing Coordinator by the District Engineer. Information including but not limited to the average daily traffic count compiled by the department for the crossing in question will be added to the report prepared by the Railroad Crossing Coordinator, The Railroad Crossing Coordinator will present the report to the Commission or its hearing officer.

Written information shall be supplied by the state, municipal, or county official making the complaint. Such information shall include all documentation contained in the original complaint, as well as information pertaining to the restriction of emergency and law enforcement vehicles using the crossing, the hours of frequent use of the crossing, and any other information relevant to an investigation of the obstruction of the public highway, road, street or other public property by a standing train.

Rule X-2.4

Upon receipt of the complaint from the complaining official, the Commission will schedule a hearing on the complaint. Notice of the hearing will be given to the railroad company and the complaining party at least twenty (20) days in advance of the hearing. The hearing will be held within sixty (60) days of receipt of the complaint by the Commission.

The Commission may designate that the hearing be held before its hearing officer, who is vested with the authority to determine whether the obstruction was for an unlawful period of time under the circumstances. The hearing shall be on the record. A transcript of the proceedings of the hearing shall be prepared and filed with the Commission.

Based on the information presented at the hearing, if the Commission or its hearing officer makes a rinding of unlawful delay, the Commission will levy a penalty in accordance with the terms of the Railroad Regulatory and Safety Act of 1993.

Rule X-2.5

All orders of the Commission or its hearing officer will be in writing and issued within ten (10) days of said hearing; they shall be served on all parties to the complaint and proceedings thereunder. Appeals of decisions of the Commission or its hearing officer shall be lodged with the circuit clerk of the county in which the crossing is located within thirty (30) days after the written decision has been rendered. Any decision of the Commission or its hearing officer made pursuant to these rules shall be final unless appealed. Upon its own motion or upon the motion of any party, any decision rendered by the hearing officer may be reviewed by the Commission; the Commission may adopt the hearing officer's decision in whole or in part, may modify the decision, or reverse the decision as a result of its review.

Notice of appeal shall be filed with the Commission. When notice of appeal is filed the department will begin preparation of the record in the matter. The record shall include the transcript of the proceedings before the Commission or its hearing officer and all documents pertaining to the complaint, investigation, and hearing, as well as any evidence or exhibits introduced into the record by any party; The party lodging the appeal shall bear the cost of the preparation of the record in this matter. The record shall not be lodged until the appellant has paid for the cost of the preparation of the record.

Rule X-2.6

Any other proceeding authorized by Act 726 of 1993 as found in Ark. Code Ann. § 23-12-1001 et seq. shall be initiated by the filing of a petition by the moving party, with service by certified mail on all other parties to the proceeding. Responses to petitions must be filed within ten (10) days after service on the Commission by all other parties wishing to respond.

Petitions for rehearing must be filed within ten (10) days after service of any order issued by the Commission or its hearing officer. Petitions for rehearing must allege an error of fact or law, and be verified by the party requesting the rehearing. The filing of a petition for rehearing does not stay the time for filing an appeal with the circuit court.

History

• 9/26/2012

001.00.13 Ark. Code R. 001 Restore Sign Visibility Policy of the Arkansas State Highway and Transportation Department

1.0. PURPOSE

The purpose of this policy is to establish procedures whereby sign owners may obtain permits from the Arkansas State Highway and Transportation Department (AHTD) to restore the visibility to their signs from adjacent State Highways controlled pursuant to the Regulations for the Control of Outdoor Advertising.

2.0. DEFINITIONS

2.1. Conforming Sign is a lawfully erected sign that complies with all current local and State laws and regulations pertaining to the erection and maintenance of signs, regardless of whether the sign has a Class A or Class B permit. A conforming sign normally has a Class A permit.

2.2. Legal Nonconforming Sign is a lawfully erected sign that no longer complies with all current local or State laws and regulations pertaining to the erection and maintenance of signs, regardless of whether the sign has a Class A or Class B permit. A legal nonconforming sign normally has a Class B permit.

2.3. Class A Permit is a permit for a sign that met all applicable laws and regulations at the time of issuance.

2.4. Class B Permit is a permit for a sign that met all applicable laws and regulations at the time of construction, but no longer complies with all applicable laws and regulations, or a sign that existed prior to the adoption of the Regulations for Control of Outdoor Advertising. These signs were "grandfathered" in.

2.4. Illegal Sign is a sign that was erected, or is being maintained, in violation of local or State law or regulations pertaining to the erection and maintenance of signs, and which does not qualify as a legal nonconforming sign.

2.5. On-premise Sign is a sign advertising those products or services available at the sign site, including "for sale or lease" signs located at the property they advertise.

2.6. Off-premise Sign is a sign advertising those products or services not available at the sign site.

2.7. Vegetation Control is the mowing, "bush hogging", cutting, trimming, pruning, and/or selective removal of vegetation on State Highway rights of way.

3.0. POLICY

It is the policy of the AHTD to allow, by Restore Sign Visibility Policy (RSVP) permits, the mowing, "bush hogging", cutting, trimming, pruning, and/or selective removal of vegetation on State Highway rights of way to restore the visibility of signs from State Highways where such visibility has been diminished from the original erection of the signs. This policy applies to the visibility of legal, off-premise signs, both conforming and nonconforming, and not to illegal signs. RSVP permits will not be issued in relation to illegal signs, for signs erected with limited visibility, or to sign owners with other illegal or abandoned signs.

3.1. RSVP permits authorize vegetation control only on that portion of State Highway right of way that abuts the tract of land on which the Permittee's sign is located and/or abuts tracts where owners agree to such control.

3.2. RSVP permits shall only be considered for legal, currently permitted signs that have had a valid permit for the last five (5) consecutive years.

3.3. RSVP permits authorize vegetation control in compliance with any relevant regulations or ordinances pertaining to vegetation clearance enacted by a city or county with jurisdiction over the sign. Permittees shall be responsible for determining compliance.

3.4. RSVP permits must be obtained for each sign location at which vegetation control will occur and the RSVP permit will be tied to the relevant sign permit, and must be renewed in a two-year cycle in July of even numbered years.

3.5. The vegetation control area shall not exceed more than 500 feet as measured from the viewable face(s) of the advertising device. Permits will be issued based on 100 foot increments. The distance will be measured along the nearest edge of the pavement between the sign and the specified distance. Signs with back to back messages may be issued a permit for vegetation control for a total of 1000 feet (500 feet in each direction), but under no circumstances will the designated area exceed 500 feet in one direction.

3.6. RSVP permits authorize vegetation control only in accordance with accepted landscaping and horticultural principles. All work will be performed in a professional manner, and cuttings and other debris are to be removed at the time the work is performed. Trees that cannot be mowed or "bush hogged" may be trimmed or pruned provided the work will not permanently damage or destroy the trees, or weaken the condition of the trees so that they are susceptible to disease or insect infestation. In these cases, mitigating landscaping may be required to compensate for the tree removal. In no case will historic trees, landmark trees, or trees of significant landscaping or aesthetic value be removed, including trees that were planted as a part of a public or private highway beautification or transportation enhancement project. RSVP permits may authorize the removal of dead or diseased trees.

3.7. If a sign owner desires to restore visibility to a sign in front of an adjacent land owner not associated with the sign, written approval from the adjacent landowner must be obtained before an RSVP permit will be issued.

3.8. Access to sites adjacent to Interstate and other controlled access highways must be gained without using the main travelway of the highway. If access to the site is restricted by a fence, then a gate may be requested to provide access for right of way mowing only. Gates will only be permitted after the AHTD notifies the Federal Highway Administration and receives concurrence. Cutting fences and leaving openings is not allowed, nor is the destruction of Department fences. Any gate installed shall remain locked when the vegetation control activity is not underway. The gate shall not be used for routine billboard maintenance such as changing sign messages. Using gates for sign maintenance or roadway access, leaving the gate unlocked or unattended, or the destruction of AHTD fencing will result in RSVP permit revocation.

3.9. Vegetation control at legal, permitted signs will be allowed only at locations where the advertising sign installation preceded the obscuring growth. Vegetation control shall not be used to provide visibility where none existed at the time the sign was erected or where no visibility exists at a proposed sign location. Only minimum vegetation control necessary to retain visibility will be allowed.

3.10. Vegetation control will not be allowed at any legal signs that are within 500 feet of: National Parks; State Parks; County Parks or City Parks; Wildlife Management Areas; or cemeteries.

3.11. The AHTD will grant an RSVP permit for a legal, nonconforming sign located within the city limits of a municipality when the sign meets all State requirements but has become nonconforming only because of city or county zoning or sign code changes since the erection of the sign.

3.12. The AHTD will only grant an RSVP permit for a legal, nonconforming sign when the sign owner has designated a legal, nonconforming sign of at least 200 square feet, and surrendered its State Billboard Permit to the AHTD for cancellation. AHTD personnel will inspect the designated sign prior to its removal and, if accepted, the sign owner will be required to remove the designated sign at the sign owner's expense before vegetation control activities may begin at the sign for which the RSVP permit is being granted. If a sign owner only has one legal, nonconforming sign, an RSVP permit will be considered on a case by case basis.

3.13. At locations which have no State-erected barrier between the State Highway right of way and the adjacent property and where mowing has previously been allowed by business owners or sign owners without an RSVP permit, mowing will be allowed to continue without an RSVP permit.

3.14. No vegetation control will be allowed within median areas of divided highways.

3.15. Trees having an outside bark diameter of more than six (6) inches, measured one foot above ground level, shall not be removed, nor shall any limbs with an outside bark diameter of more than six (6) inches be removed. Dead or diseased trees, as noted in Paragraph 3.6, may be removed if specified in the RSVP permit.

3.16. Vegetation control should not leave large, open spaces in the general outline of the tree. The general outline of the tree should not be changed if trimmed in accordance with this policy.

3.17. No topping of trees will be allowed.

3.18. RSVP permits granted for vegetation removal may require mitigation in the form of replacement plantings. The initial cost and maintenance of these plantings shall be the responsibility of the Permittee. Mitigation will mandate the Permittee to plant three (3) trees for each tree removed. These must have a diameter of at least two (2) inches at ground level and planted in an area approved by the AHTD.

3.19. Stumps shall be cut or ground flush with the ground and treated with an EPA-approved herbicide immediately after the stump is cut. Only the stumps are to be treated. The use of herbicides or chemicals on the grass or ground cover is not allowed.

3.20. The permitted vegetation control shall result in a height of the remaining vegetation that is relatively consistent with that of adjacent areas along the highway right of way. All mowing or cutting must be accomplished with hand tools, wheeled machinery, or rubber tracked machines not exceeding three (3) tons. No steel track equipped machines are allowed. Grass and weeds may be mowed, but surface growth of at least four (4) inches must be left for erosion control. Digging, scraping, bulldozing, clear cutting, or 'scalping" the ground is not allowed.

3.21. The Permittee shall be required to carry liability insurance with a limit of at least $1 million per occurrence.

3.22. A performance bond of at least $1000 per site shall be required to ensure the restoration of highway right of way. In lieu of an individual performance bond for each site, sign owners may choose to post a standing performance bond in an amount of at least $1000 per site up to a maximum of $50,000.

3.23. The Permittee fully agrees to hold harmless the Arkansas State Highway Commission and the AHTD, and their officers, agents, and employees from any and all damages of any nature to any person or property due to any performance or nonperformance of any work authorized by the permit.

3.24. The AHTD may, with good cause, deny, revoke, or amend any RSVP permit. If a permit is revoked, the Permittee has a right to request an Administrative Hearing.

3.25. All RSVP permits must be renewed in two-year cycles beginning in July 2014 (see paragraph 3.4). All RSVP permits must be renewed at the same time regardless of the original date of issue. The permits will allow cutting twice per year, with a maximum of four times in a two-year period. The renewal fee is $80.00 for a two-year renewal. The Permittee must notify the AHTD's Beautification Section a minimum of three (3) working days before beginning work. The AHTD, at its option, may arrange to have an inspector on site while work is being performed.

4.0. VIOLATION OF PERMIT

4.1. If RSVP permit provisions are violated, the first offense shall be a fine of up to a maximum of $10,000 and/or the surrendering of the State Billboard permit for that sign, subject to the right to an Administrative Hearing. A second violation from the same sign owner shall result in the State Billboard permit for that sign being revoked, subject to the right to an Administrative Hearing, and the denial of any future requests for RSVP permits from that sign owner.

4.2. The sign owner must also provide a statement, signed and dated, agreeing to abide by the terms of the RSVP permit. The sign owner must also agree to remove the sign at no cost to the AHTD if the terms of the RSVP permit are violated by either the sign owner, land owner, or third parties contracted to carry out vegetation control activities.

5.0. PROCEDURES

5.1. RSVP permits are issued by the AHTD's Environmental Division in coordination with the District Engineer for the highway district in which the sign site is located.

5.2. Individual RSVP permits must be requested for each sign site and include:

a. An application fee (non-refundable) made payable to the Arkansas State Highway and Transportation Department in the amount of $80 per sign designated for vegetation control.

b. A performance bond in the amount of at least $1000 per site issued or counter-signed by a resident Arkansas agent, or in the form of cash or cashier's check. In lieu of a performance bond for each site, a standing performance bond in the amount equal to at least $1000 per site up to a maximum of $50,000 may be posted.

c. Proof of liability insurance with a limit of at least $1 million.

d. State Highway number

e. A specific written proposal of the vegetation control work to be performed on the right of way to restore the visibility of the sign, including the name, address, telephone number, and signature of the sign owner, and the location of the sign and State Billboard Permit number.

f. Type of vegetation control to be performed.

g. 8" x 10" photograph(s) of the State Highway right of way vegetation interfering with the view of the sign and which is the subject of the RSVP permit request.

h. A drawing of the right of way area where the work is to be performed indicating the vegetation to be mowed, "bush hogged", cut, trimmed, pruned, and/or removed on the right of way. The drawing shall also show the length of frontage along the right of way boundary of the tract of land on which the sign is located.

i. A signed statement(s) by the landowner(s) of record of the land at the sign site or the landowners(s) of record of an abutting tract(s) of land where the vegetation cutting will occur, indicating concurrence with the proposed work on that portion of the right of way abutting the landowner's tract(s).

j. A signed and dated statement, from the billboard sign owner or agent, agreeing to abide by the terms of the RSVP permit. The sign owner will also agree to remove the sign at no cost to the AHTD if the terms of the RSVP permit are violated by the sign owner, land owner, or third parties contracted to carry out vegetation control activities.

5.3. For requests that meet the terms of this policy, the AHTD's Environmental Division will notify the appropriate AHTD District Engineer to issue an RSVP permit. For requests that do not meet the terms of this policy, the Environmental Division will respond accordingly. A permit application must be issued or denied within 60 days.

5.4. The RSVP Permittee must advise the AHTD's Beautification Section of planned vegetation control activities at least three (3) working days prior to beginning work. The AHTD, at its option, may arrange to have an inspector at the site while work is being performed (see paragraph 3.25).

History

• 6/17/2013

001.00.14 Ark. Code R. 001 Permit Regulations for the Movement of Oversize and/or Overweight Vehicles on the Arkansas State Highway System

RULE 1 - GENERAL DEFINITIONS

A. C. A. means Arkansas Code Annotated.

CHIEF means the Chief of the Arkansas Highway Police Division of the Arkansas Highway and Transportation Department.

COMMANDER means the Arkansas Highway Police officer in charge of the Arkansas Highway Police Permit Section.

COMMISSION means the Arkansas State Highway Commission (ASHC).

COMMISSIONER means a member of the Arkansas State Highway Commission.

DEPARTMENT means the Arkansas Highway and Transportation Department (AHTD).

DIRECTOR means the Director of the Arkansas Highway and Transportation Department.

DIVISION means the Arkansas Highway Police Division of Arkansas Highway and Transportation Department.

MANUFACTURED HOME UNIT means a structure constructed for use as a dwelling, office, or classroom which is more than eight feet (8') in width or sixty feet (60') in length and is capable of being moved upon the highways when combined with a pulling vehicle.

MANUFACTURED HOME UNIT WIDTH means the largest overall width of a manufactured home in the traveling mode, including bay windows, roof projections, overhangs, or eaves under which there is no interior space.

MASTER AGREEMENT means a document executed by a person wishing to transport a non-divisible overweight load on a weight restricted highway.

MULTI-STATE ENVELOPE PERMIT means a single trip permit issued to a vehicle with a non-reducible load to travel through two or more states within the Southeastern Association of State Highway and Transportation Officials region.

OPERATOR means a person who drives or is in actual physical control of a motor vehicle upon a highway.

OVERWIDTH MANUFACTURED HOME UNIT means a manufactured home unit in excess of eight feet (8') in width.

PERMIT means a document issued by the Permit Section, which gives the bearer permission to move an oversize vehicle laden or unladen along specific routes during a specified period of time with certain restrictions. The term "permit" shall include electronic media displayed on a mobile device provided that device shall have a screen size of at least seven inches (7").

PERMIT SECTION means the Permit Section of the Arkansas Highway Police Division of the Arkansas Highway and Transportation Department.

PERMITTEE means the person to whom the Permit Section has issued a permit.

PERSON means a natural person, firm, partnership, corporation, association, or any political subdivision of the State of Arkansas.

POLICY means an established procedure pertaining to a specific activity of the Section, Division, Department or Commission.

STRUCTURE means a building, either portable or permanent, other than a manufactured home unit, which cannot be disassembled or reduced in size without substantial damage to the structure, and

a) where any person lives or carries on a business or other calling

b) where people assemble for purposes of business, government, education, religion, entertainment, or public transportation, or

c) which is customarily used for overnight accommodation of persons, whether or not a person is actually present. Each unit of a structure divided into separately occupied units is itself a structure.

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

VEHICLES OF SPECIAL DESIGN means any pneumatic or rubber tired mobile construction vehicle or equipment carrying no load other than its own weight that has been reduced in size and weight until further reduction is impractical.

FOR PURPOSES OF THIS PUBLICATION, THE FOLLOWING TERMS ARE CONSIDERED SYNONYMOUS:

(1) LOAD;

(2) VEHICLE WITH LOAD;

(3) LADEN

(4) VEHICLE OR CARGO;

(5) VEHICLE AND CARGOES

RULE 2 - GENERAL INFORMATION

A. INTRODUCTION

1. Pursuant to Arkansas Code Annotated § 27-35-210, "The State Highway Commission, with respect to highways under their jurisdiction, and local authorities, with respect to highways under their jurisdiction, may, in their discretion and as provided in this section, upon receipt of application made in person, in writing, by telephone, or by any acceptable means of electronic communication, and upon good cause being shown therefore, issue a special permit in writing to applicants desiring to transport cargoes of such nature that the cargo cannot readily be taken apart, separated, dismembered, or otherwise reduced in size or weight.

The permit shall authorize the applicant to operate or move a vehicle, or combination of vehicles, of a size or weight of vehicle or load exceeding the maximum specified in this subchapter, or otherwise not in conformity with the provision of this subchapter, upon any highway under the jurisdiction of the agency granting such permit and for the maintenance of which the agency is responsible.

No vehicle or combination of vehicles, with a multi-unit or otherwise reducible overload may be issued a special permit as provided in this section..."

2. The Arkansas State Highway Commission authorizes the Director to provide for the issuance of Multi-State Envelope Permits under the Multi-State Permit Agreement for Oversize and Overweight Vehicles.

3. The rules and regulations as described herein are designed to permit, under special conditions, and to ensure the safe movement of vehicles and equipment which exceed any one or more of the following legal limits for dimension or weight:

Table of Legal Dimensions and Weight Limits:

| WIDTH: | 8 feet, 6 inches (8 feet for manufactured homes) | | --- | --- | | HEIGHT: | 13 feet, 6 inches | | LENGTH: | Determined by trailer length as required by law. | | WEIGHT: | 80,000 pounds gross weight of vehicle(s) and cargo on 5 or more axles. Must meet the Federal bridge formula for 80,000 pounds | | AXLE WEIGHT: | Single Load-Carrying Axle: 20,000 pounds | | Tandem Axle Group: 34,000 pounds | | | Tri-Axle Group: 50,000 pounds | | | STEER AXLE: | Single Steer/Front Axle: 12,000 to 20,000 pounds, axle must be rated by the manufacturer for weight. | | Tandem Steer/Front Axle: 24,000 pounds | |

B. APPLICATION INFORMATION

1. Applications for permits to move vehicles exceeding the statutory maximum weights or dimensions over the State Highway System shall be submitted to the Permit Section in writing, in person, by telephone, telefax, or by the online Arkansas Routing and Permitting System (ARPARS). For information and access to the online permitting system, contact the Permit Section at 501-569-2546. The Permit Section is staffed from 6:00 a.m. until 4:30 p.m., Monday through Friday. The Permit Section is closed Saturdays, Sundays, and on major Holidays. Certain types of permits for envelope vehicles may be obtained utilizing the online permitting and routing system (ARPARS) 24 hours a day, 365 days a year.

2. Unless otherwise specified, all permits are issued for a single (one way) non-diverted movement. Adequate time will be allowed for each one-way movement. However, an extension of time may be granted where the request is received by the issuing agency prior to expiration of the permit, and if inclement weather, vehicle breakdown, or other such circumstances beyond the control of the applicant that can be documented has prevented the trip during period stated on the permit. No other provisions are made for revisions.

3. Applications for permits to move extraordinary loads of any weight or size shall be submitted with a detailed sketch of vehicles including all tire sizes, axle spacings, axle weights, and overall dimensions of the vehicle.

4. The Permit Section will route vehicles by considering the traffic volume, the dimensions of highways, types and conditions of road surfaces, type of transporting vehicle, the federal bridge formula, and the structural integrity of bridges and other structures between the point of origination and destination. The routes selected will also be based on public safety, regardless of increased distance, route, or times of movement. Any variance from the permitted route is a violation of the permit and may result in the permit being voided.

5. At the discretion of the Director, exceptions to rules and regulations may be made if extenuating circumstances justify consideration.

6. The name of the person to whom a permit is issued shall be indicated on the permit and that person and only that person shall be authorized to engage in the movement of the vehicle and load. The permit and authority to move is not transferable to any other person.

7. Should the permitee, their officers, agents, or employees encounter a condition on the route prescribed not contemplated by the permit, or signs or markings indicating an emergency condition creating a reasonable doubt as to the continuance of the trip, the operator of the vehicle shall call the Arkansas Highway Police Permit Section at 501-569-2381 for instructions. Failure to comply with this rule or failure to comply with the instructions given renders the permit void.

8. The Department reserves the right to cancel, void, or otherwise invalidate a permit at any time.

C. MONTHLY PERMIT CHARGE ACCOUNT

1. A person may set up a monthly charge account with the Department for the issuing of permits by posting a Surety Bond in a minimum amount of one thousand dollars ($1,000.00).

2. The bonding insurance agency shall execute the required Surety Bond on bond forms furnished by the Department. The insurance agency shall forward one completed copy of the bond form, a power of attorney, and a certificate of insurance coverage to the Permit Section.

3. Should the person fail to pay any sum owing to the Department within 30 days after full payment due, the Department may execute upon the bond.

4. If any account becomes delinquent or if the amount due exceeds the limits of the Surety Bond, no further permits will be issued until the total balance owed to the Department is liquidated.

5. Account holders are invoiced each month and they shall liquidate the full amount of each invoice upon receipt.

6. The account holder shall be responsible for the security of their issued account number. While an account holder may issue his or her account number to his or her employees or agents to enable them to order a permit, all permits charged to the account holder's number shall be paid by the account holder. The account holder's obligation and responsibility to pay for permits charged to the account holder's number cannot be transferred to any other person or entity.

7. The account holder shall only charge permits to his or her account for movements by the account holder's vehicles or leased vehicles. No permits shall be charged to a person's account for a permit to be issued to another nonaffiliated person, unless the account holder is a commercial permitting service approved by the AHP Permit Section.

8. The Department reserves the right to cancel a charge account with or without cause at any time and to withhold issuance of an account at its discretion.

9. Payment by cash or approved checks may be made only at the AHP Permit Section Central Headquarters Office in Little Rock, Arkansas.

10. The Department may adopt policies to establish other means of payment for permits, including the use of approved credit cards.

Pursuant to Arkansas Code Annotated § 27-35-210, no fee shall be charged for any permit issued to any governmental agency when the vehicle and load involved is governmental property and the proposed movement entails official business.

D. MOVEMENT REQUIREMENTS

1. Any vehicle or piece of equipment which exceeds the dimensions or weight prescribed by state law may not be moved over the highways of the State of Arkansas without first obtaining a permit for such movement from the Department.

Permits will not be issued for the movement of any vehicle or piece of equipment which, in the opinion of the Department, can reasonably be reduced or dismantled in size or weight or both to come within the legal limits as set forth herein.

3. Each such permit shall be carried in the vehicle to which it refers and shall be open to inspection by any law enforcement officer or authorized agent of the Department.

4. Permits will not be issued for any unlicensed vehicle to tow another vehicle or any equipment which exceeds the legal size or legal weight limitations as prescribed by law.

5. Permits may be issued for the movement of a vehicle or load that is eligible for an overweight permit on selected highways in Arkansas for continuous movement, including during holidays and at nighttime, if the vehicle and load do not exceed the legal maximum limitations for width, height, or length as provided in Arkansas Code Annotated §§ 27-35-206, 27-35-207, and 27-35-208.

6. Issuance of a permit shall not be an assurance that bridges and structures are capable of carrying the vehicle and load for which the permit is issued or that the clearance will accommodate the height for which the permit is written.

7. The Department shall not be held liable for any damage to public roads or bridges or to persons or private property caused by a permitted load or vehicle or its escort vehicle. The permitee shall be responsible for any and all damages to roads, bridges, persons, and private property resulting from the movement,_and shall recompense the Department or a political subdivision for any expenditures made by the Department or political subdivision to repair damage caused by the permitted vehicle or load to a public road or facility of the State Highway System.

8. The permitee shall be responsible for checking the designated route of the permit prior to starting travel to ensure the permitted vehicle/load can safely negotiate the designated route.

9. If a vehicle is traveling under authority of a self-issue permit, the original permit must be in the cab or the truck or in possession of the driver. The term "permit" shall include electronic media displayed on a mobile device provided that device shall have a screen size of at least seven inches (7"). A photocopy (copy), electronic facsimile (fax), or other reproduction of a self-issue permit is not valid for movement.

10. An applicant whose route requires travel off the state highway system shall be responsible for coordination with the political subdivision having jurisdiction of such other roads and complying with local rules, regulations, ordinances, and orders. The Department may require the permit applicant to supply written documentation from the political subdivision having jurisdiction to confirm contact and coordination regarding the movement of the load/vehicle for which the permit application is being submitted.

E. MOVEMENT RESTRICTIONS

1. No oversized movement through the Greater Little Rock area from 7:00 a.m. to 9:00 a.m. or 4:00 p.m. to 6:00 p.m. on Interstate 30 (mile marker 138-143); Interstate 40 (mile marker 151-155) and all of Interstate 630.

2. Permits will be issued for movement during daylight hours only as established by the National Oceanic and Atmospheric Administration's Weather Service.

3. A permit is not valid for movement when visibility is less than five hundred feet (500') or during inclement weather, including but not limited to periods of extremely hard driving rain, freezing rain, sleet, snow, or other hazardous conditions.

4. Movement of vehicles under permit may be restricted during strong winds or wind gusts exceeding 20 knots (23 mph).

5. The Permit Office will be closed on the days that the following holidays are officially observed by the state of Arkansas:

New Year's Day

Martin Luther King's/Robert E. Lee's Birthday

George Washington's Birthday/Presidents Day

Memorial Day

Independence Day

Labor Day

Veterans' Day

Thanksgiving Day

Christmas Eve

Christmas Day

Or as directed by the Director, Chief, or Commander

6. No permits will be issued for movement on the days that the following holidays are observed:

New Year's Day

Memorial Day

Independence Day

Labor Day

Thanksgiving Day

Christmas Day

7. If a holiday listed in Rule 2.E.6. is observed on Monday or Friday, movement on a weekend following a Friday observance or preceding a Monday observance shall not be allowed.

8. A permit may be issued for movement on the days that the following holidays are observed when the permit is obtained in advance:

Martin Luther King's/Robert E. Lee's Birthday

George Washington's Birthday/Presidents Day

Veterans' Day

Christmas Eve

Or as directed by the Director, Chief, or Commander

F. SIX DAY COUNTY PERMITS

1. A permit may be issued for two or more consecutive movements or operations by one vehicle, all of which shall be executed or performed within six consecutive days and which must be limited to two contiguous counties within the state, which counties must be specified at the time of application.

2. A permit issued under Rule 2.F. shall be issued to a specific power unit and, if appropriate, a specific towed unit, and is not transferable.

3. The applicant shall provide the serial number or vehicle identification number of the power unit to the Permit Section and the serial number or vehicle identification number of the unit shall be indicated on the permit.

4. This type of permit is only valid for one specific unit of equipment or cargo, and the equipment or cargo must have a means of identification such as an identification or serial number engraved or permanently attached to the equipment or cargo. No other equipment or cargo shall be substituted and transported on the same permit.

5. A permit issued under Rule 2.F. shall specifically designate the inclusive dates during which the unit, equipment, or cargo may be moved.

6. No extension of time shall be granted for this type of permit.

7. No movement during the holidays indicated in Rule 2.E.6. shall be allowed on a permit issued under Rule 2.F.

8. A permit issued under Rule 2.F. shall designate which county or which two contiguous counties movement is authorized.

9. A permit issued under Rule 2.F. shall not authorize continuous movement unless the width and height of the unit, equipment, or cargo do not exceed the dimensions as provided in Arkansas Code Annotated §§ 27-35-206 and 27-35-207 and the overall length does not exceed ninety feet (90').

10. A permit issued under Rule 2.F. shall not be considered an emergency movement permit pursuant to Rule 2.J. unless the equipment is being used in an area for which there is a justified need to provide extended services in life-threatening situations or within a disaster area or under special conditions as authorized by the Director or his designee.

G. TRAFFIC CONTROL

Pursuant to Arkansas Code Annotated § 27-35-213, "a person issued an overweight or oversize permit under this subchapter shall be authorized to temporarily stop or halt traffic and safely direct, control, and regulate traffic around the overweight or oversize payload while maneuvering their overweight or oversize payloads on or off the public streets or highways. Provided, however, that no overweight or oversize permitted payload shall ever halt or stop traffic on a public street or highway while maneuvering on or off the street or highway for more than three minutes in time or stop or halt traffic within five hundred feet (500') from the crest of a hill."

NOTE: Specific requirements for stopping and directing traffic for manufactured home units and houses are found in Arkansas Code Annotated § 27-35-310 and Rules 7 and 8 of these Permit Rules.

H. MINIMUM AND MAXIMUM SPEED LIMITS ON INTERSTATE HIGHWAYS

1. An application shall not be submitted and a permit shall not be issued for any vehicle, vehicle combination, load or any other type of conveyance, whether towed, trailered, self-propelled, or otherwise transported or moved, unless it is capable of maintaining a speed of 40 miles per hour on any street, road or highway on which it is permitted to move. The Permit Section may grant exceptions for houses or for highly specialized equipment used to move extraordinary loads a relatively short distance with special requirements mandated by a Department engineer.

2. Towing of Manufactured Home Units and Mobile Homes:

a. No person shall drive a vehicle that is towing a manufactured home or mobile home at a speed greater than 55 miles per hour.

b. On roads upon which the posted speed limit is less than 55 miles per hour, the operator of the permitted vehicle shall observe the posted speed limit.

c. The Department may set minimum and maximum speed limits different from those posted or may set a speed limit less than the maximum provided in Rules 2.H.2. and 2.H.3. for a vehicle towing a manufactured home or mobile home by noting any speed restriction on the oversize load permit issued to that vehicle by the Department.

3. The maximum speed limit for all vehicles/loads traveling under authority of an oversize or overweight permit shall be the posted speed limit, unless a different speed restriction is noted on the oversize or overweight permit issued to that vehicle/load by the Department.

I. MOVEMENT OF SUPER LOADS OF EXTRAORDINARY WEIGHT OR DIMENSION

1. The Department shall have the discretion to issue a permit for the movement of super loads of extraordinary weight (gross weight of 180,000 or more pounds) or extraordinary dimension (width of more than 16 feet 6 inches (16'6"), overall length of 100 feet (100') or more, or height of 15 feet 6 inches (15'6") or more) that are essential to public health, welfare, safety or defense.

2. The Department shall have the discretion to require engineering examinations and an application shall be submitted far enough in advance to allow for such examinations.

J. EMERGENCY PERMITS

1. The Permit Section may issue emergency permits on a case-by-case basis at the sole discretion of the Permit Section. Justifications for issuance of an emergency permit may include:

a. Natural or human-made disasters,

b. National Security or National Defense emergencies or issues,

c. Disruption of vital services,

d. Situations involving the probability of death or life-threatening injuries,

e. The seriousness of the stated emergency,

f The danger to the traveling public from the standpoint of safety,

g. The condition and state of repair of the highway(s) involved, or

h. The ability of the highway(s) to safely accommodate the weight and dimensions of the vehicle.

2. Persons who deal with the movement of emergency equipment shall pre-apply with the Permit Section, establish a bonded account, qualify for self-issue permits, and furnish the following information:

a. Make, model, and vehicle identification or serial number of each vehicle or equipment that would be used for emergency moves;

b. Information on axles, axle spacings, weights and dimensions;

c. The type of emergencies to which the entify responds; and

d. Other information as deemed necessary by the Commander.

3. A permit issued for emergency movement will be a single trip permit. A separate permit for return of the vehicle or equipment shall be obtained. Continuous movement will not be authorized for a non-emergency return trip.

RULE 3 - OVER DIMENSIONAL MOVEMENT

A. INTRODUCTION

Arkansas Code Annotated §§ 27-35-206, Width of Vehicles; 27-35-207, Height of Vehicles; and 27-35-208, Length of Vehicles prescribe the legal dimensions for vehicles, unladen or with load, when operating on the highways in this State.

B. APPLICATION INFORMATION

Refer to Rule 2. B. (GENERAL INFORMATION)

C. BOND/FEE INFORMATION

1. No bond is required.

2. Unless otherwise specified in these Rules, the fee for a permit to move an over dimensional vehicle or load is seventeen dollars ($17).

D. MOVEMENT REQUIREMENTS

1. No over dimensional vehicle or load shall follow another over dimensional vehicle or load closer than one thousand feet (1,000').

2. The Permit Section shall specify the route, time of travel, type, and number of escort vehicles, upon the issuance of each permit for the movement of the over dimensional load. (Refer to Rule 6 for escort requirements).

Vehicles exceeding the maximum width, height, or length, as provided under Arkansas Code Annotated §§ 27-35-206, 27-35-207, and 27-35-208, shall have a plainly legible sign reading "OVERSIZE LOAD" displayed across the front and back of the loaded vehicle and eighteen inch (18") red or fluorescent orange flags on all four comers of the load.

4. The signs required by these Rules shall be constructed of a durable material with a yellow background and black letters of a two-inch (2") stroke and a minimum height of ten inches (10").

5. All permitted vehicles shall be equipped with tail lamps and signal lamps that conform to applicable state and federal standards.

6. Permits for over dimensional vehicles or loads shall be obtained in advance of any movement.

7. Permits may be issued for movement of over dimensional loads on Arkansas Highways on Saturday and Sunday unless they fall on a holiday restricted under Rule 2.E.6.

8. Prior to starting any move, movers of over dimensional vehicles or loads shall notify and obtain the consent of the owners of all sign(s), mailbox(es) and posts along the route of travel to remove such signs, mailboxes, and posts as necessary. Movers shall replace all signs, mailboxes, and posts that they remove as soon as possible.

E. OVERWIDTH MOVEMENTS

1. For all highways, except Interstate highways, the maximum overall width of a vehicle authorized to be moved upon highways by permit shall be twenty feet (20') or less based on public safety, the condition of the highway, distance traveled, and the volume or type of traffic.

2. Under emergency conditions and at the discretion of the Permit Section, a maximum overall width of twenty-four feet (24') may be authorized by permit for short moves based on the nature of such emergency, and the adequacy of traffic control and safety provisions.

3. Except for manufactured homes, the maximum overall width of a vehicle authorized to be moved upon Interstate highways by permit is eighteen feet (18'), inclusive of overhangs, clearance lights, or any other appurtenances.

4. Except for manufactured home units, on any controlled access, divided highway with four or more lanes, a permitted vehicle or load in excess of fourteen feet (14') in width, inclusive of overhangs, clearance lights, eaves, or any other appurtenance, shall be accompanied by one escort vehicle. The escort vehicle shall travel behind the permitted vehicle or load a distance of two hundred feet (200') while in continuous travel.

5. Except for manufactured home units, on all highways that are not controlled access or divided highways with four or more lanes, the movement of a permitted vehicle over twelve feet (12') in width but not more than fourteen feet (14') in width, inclusive of overhangs, clearance lights, eaves, or any other appurtenance, shall be accompanied by one escort vehicle that shall travel in front of the permitted vehicle.

6. Except for manufactured home units, on all highways that are not controlled access or divided highways with four or more lanes, the movement of any vehicle, which exceeds fourteen feet (14') in width, shall be accompanied by two escort vehicles. One escort vehicle shall precede the permitted vehicle and one escort shall follow it.

7. An officer of command rank of the Arkansas Highway Police Division may require additional escorts as deemed necessary for the safety of the traveling public. The permittee must obtain or furnish the escort vehicle(s) as prescribed in these rules.

8. All escort vehicles shall conform to the requirements in Rule 6.

9. Cutter blades and other equipment of a hazardous nature in excess of fourteen feet (14') will be cradled to such an angle as is necessary to reduce the maximum overall width to fourteen feet (14') or less.

10. Pursuant to Arkansas Code Annotated § 27-35-210, an application may include a request for, and a permit may be issued at a fee of one thousand dollars ($1,000) per year for consecutive movements or operations of a vehicle with a cargo not exceeding ten feet, eight inches (10'8") in width along one designated route, all of which movement or operations have origins from an adjacent state and which movements or operations shall be executed or performed within the period of valid vehicle registration, and which permit shall be limited to one county within the state and which one-way mileage into that county and within the state is no greater than 15 miles.

F. OVER HEIGHT MOVEMENT

1. Pursuant to Arkansas Code Annotated § 27-35-207, no vehicles operated upon the State Highway System laden or unladen, shall exceed a height of thirteen feet and six inches (13'6") except by permit issued by the Permit Section.

2. Any vehicle or load that exceeds fifteen feet (15') in height is required to have one escort vehicle equipped with a clearance bar that extends six inches (6") above the permitted height preceding the load, unless otherwise specified on the permit.

3. If the overall height of the vehicle or load exceeds seventeen feet (17'), the mover shall obtain written agreements signed by the owners of overhead facilities (utilities, traffic signals, etc.) along the route and the move shall be accompanied by representatives of the owners. If the owners of the utilities do not wish to accompany the move, the mover shall obtain letters from the owners indicating they are aware of the height of the over height load and do not desire to have a representative accompany the move.

G. OVER LENGTH MOVEMENT

1. If a semitrailer or trailer, laden or unladen, does not exceed 53 feet and six inches (53'6"), there is no overall length restriction, and the vehicle is considered to be in compliance with the length law.

2. If a semitrailer or trailer, laden or unladen, exceeds 53 feet and six inches (53'6"), but the overall length of the vehicle and semitrailer or trailer does not exceed sixty feet (60'), the vehicle is considered to be in compliance with the maximum length limit pursuant to Arkansas Code Annotated § 27-35-208.

3. If a semitrailer or trailer, laden or unladen, exceeds 53 feet and six inches (53'6") or the overall length of the combination vehicle, trailer, and load exceeds sixty feet (60') and neither the truck, trailer, nor load can be reduced in length, the following provisions apply:

a. A permit shall be obtained before the vehicle can make a movement unless the exceptions provided in Arkansas Code Annotated § 27-35-208(d)(l)(A) and (B) are applicable.

b. If the overall length of the truck, trailer, and load combination does not exceed ninety feet (90') and neither the vehicle, trailer, nor load exceeds the maximum width or height as provided in Arkansas Code Annotated §§ 27-35-206 and 27-35-207, the vehicle may travel at any time on a twenty-four hour, seven day a week basis by obtaining a permit.

c. If the overall length exceeds ninety feet (90'), the vehicle shall travel only during daylight hours and on days not listed as holidays in Rule 2.E.6.

d. Trailer measurement shall include any load projecting from the rear. Loads projecting from the front of the trailer between the tractor cab and trailer will not be included in the measurement of the trailer length.

e. A permit shall be obtained in advance of any movement of a vehicle, if the length of the load upon the vehicle when operated alone or the load upon the front vehicle of a combination of vehicles extends more than three feet (3') beyond the front wheels of the vehicle or beyond the front bumper of the vehicle if it is equipped with a bumper.

f. No permit will be issued for any vehicle with a front overhang in excess of twenty feet (20').

g. Vehicle combinations in which the length of the trailer(s)/semitrailer(s) are in compliance with the maximum length limitations as provided in Arkansas Code Annotated § 27-35-208 and no other over dimensional permit is required are not required to have an escort.

4. Pursuant to Arkansas Code Annotated § 27-35-210, a semitrailer or trailer unit, unladen or with load, operating in combination with a truck tractor unit, which exceeds the length as provided in Arkansas Code Annotated § 27-35-208, but does not exceed fifiy-seven feet (57') may be issued a permit valid for a single trip or for a one year period for a fee of five hundred dollars ($500).

No over length permit shall be issued for an over length truck tractor-semitrailer-trailer combination.

Pursuant to Arkansas Code Annotated § 27-35-208:

a. The maximum legal length for a semitrailer or trailer, used in a truck tractor-semitrailer-trailer combination, manufactured prior to December 2, 1992, is twenty-eight feet 6 inches (28'6").

b. The maximum legal length for a semitrailer or trailer, used in this combination, manufactured after December 1, 1982, is twenty-eight feet (28').

c. If either trailer or semitrailer used in a truck tractor-semitrailer-trailer combination exceeds the applicable maximum legal length but the overall length does not exceed sixty-five feet (65') an over length permit is not required.

H. LOG TRUCK EXEMPTION

1. A truck-tractor/pole trailer combination with a total number of five axles, no more and no less, transporting logs from their first point of severance to the location where they first undergo preparation for processing or processing is not required to have a permit under the following conditions:

a. Logs being transported may extend past the rear of the pole trailer no more than twenty-five feet (25'), measured from the center point between the two axles of the rear tandem axle group to the end of the logs extending furthermost from the rear of the pole trailer,

b. The logs shall maintain a minimum clearance of two feet (2') above the surface of the roadway whether stationary or when traveling,

c. During daytime movement, one eighteen inch (18") red or fluorescent orange flag must be on each rear comer of the load, and

d. During nighttime movement, one steady burning red lamp must be mounted on each rear comer of the load.

2. The exemption under Rule 3.H. shall not apply to those vehicle combinations utilizing flat-bed trailers equipped with bunks, bolsters, or stakes, which are transporting logs in multiple stacks or logs that are not stacked in a single vertically aligned stack, or if the load may be reducible in length by means other than reducing the length of individual logs by removal of part of the main body (trunk) of the log.

This exemption shall not apply to a vehicle traveling upon any highway designated as a part of the national system of Interstate and Defense highways or any fully controlled access highway facility.

RULE 4 - OVERWEIGHT MOVEMENT

A. INTRODUCTION

Pursuant to Arkansas Code Annotated § 27-35-210, the State Highway Commission, with respect to highways under their jurisdiction, and local authorities, with respect to highways under their jurisdiction, may in their discretion and as provided in this section, issue a permit to transport vehicles that cannot readily be reduced in weight.

B. APPLICATION INFORMATION

Refer to Rule 2.B. (GENERAL INFORMATION)

C. BOND/FEE INFORMATION

1. No bond is required.

2. Fees: Refer to Rule 4.1. for the permit fee for vehicles transporting cross ties and Appendix 3 for other overweight vehicles.

D. DEFINITIONS

Front or Steering Axle means a front or steering axle attached to the front of the vehicle and which is used to steer the vehicle on a given path or direction.

Single axle configuration means two consecutive front or steering axles whose centers may be included between parallel transverse planes and which are spaced forty inches (40") or less apart.

Single load carrying axle means a load carrying axle other than a front or steering axle, which is permanently attached to a vehicle or dolly, and is designed to carry a portion of the gross weight of a vehicle or combination of vehicles. A group of two or more axles in which the outer two axles measure less than forty inches (40") from the centers of the axles, shall be considered a single load carrying axle for all purposes. A load carrying axle shall have a minimum capacity rating of 18,000 pounds. Measurements shall be made from the center of axle to center of axle to the nearest inch. (Illustration: see Appendix 5)

Tandem front or steering axle configuration means two or more consecutive front or steering axles whose centers may be included between parallel transverse vertical planes spaced more that forty inches (40") apart and not more than ninety-six inches (96") apart and extending across the full width of the vehicle. (Illustration: see Appendix 5)

Tridem axle means a group of three consecutive load carrying axles which are permanently attached to a vehicle or dolly and any two of which are in tandem, in which the outer axles are no less than ninety-seven inches (97") and no farther apart than two hundred and four inches (204"), when measured from the center of axle to the center of axle to the nearest inch. (Illustration: see Appendix 5)

Quadrum axle means any four consecutive axles whose extreme centers are not more than one hundred and ninety two inches (192") apart and are individually attached to or articulated from, or both, a common attachment to the vehicle including a connecting mechanism designed to equalize the load between axles. (Illustration: see Appendix 5)

Lift axle means any load carrying axle permanently attached to a vehicle or dolly so as to make possible the raising or lowering of the axle and which can affect the amount of weight carried by that axle or other axles.

Dolly means a device, other than a trailer or semi-trailer, attached to one or more axles which, when connected to a vehicle or combination of vehicles, carries a portion of the gross weight of the vehicle or combination of vehicles.

Trunnion wheel combination means independent wheel assemblies designed with hydraulic suspension cylinders and located transversely across from each other to form an axle combination.

Trunnion dolly assembly means any dolly unit consisting of trunnion wheel combinations that may be connected by steel beams or be used to support loads at extreme ends.

Gross weight means the combined weight of a vehicle or vehicle combination without load and the weight of any load thereon.

Federal Bridge Formula means the maximum weight in pounds that can be carried on a group of two or more axles using the following mathematical formula:

W = 500 x [LN / (N-1) + 12N + 36]

W = the maximum weight in pounds that can be carried on a group of two or more axles to the nearest 500 pounds.

L = the distance in feet, measured from center of axle to center of axle to the nearest foot, between the extremes/outer axles of any group of two or more consecutive axles.

N = the total number of axles in the group under consideration.

The numbers in the above formula (500; -1; 12; and 36) shall be constant numbers.

E. MAXIMUM WEIGHT ON FRONT/STEERING AXLE

1. Pursuant to Arkansas Code Annotated § 27-35-203(c)(I), the maximum weight imposed on the highway by the front 'single" steering axle of a vehicle, other than a "Vehicle of Special Design" as noted in Rule 5, traveling under authority of an overload permit shall not exceed 20,000 pounds.

2. Pursuant Arkansas Code Annotated § 27-35-203(c)(2), the maximum weight imposed on the highway by a front "Tandem" steering axle of a vehicle, other than a "Vehicle of Special Design" as noted in Rule 5, traveling under authority of an overload permit shall not exceed 24,000 pounds.

F. SINGLE/TANDEM/TRIDEM/QUADRUM AXLE LOAD LIMITS

1. Single Axle Load Permitted: No permit shall be issued for the movement of a vehicle, other than a "Vehicle of Special Design" as noted in Rule 5, if the gross weight imposed upon the highway by the wheels of any one single axle exceeds 20,000 pounds.

2. Tandem Axle Load Permitted: Other than a front or steering tandem axle and other than those on a "Vehicle of Special Design" as noted in Rule 5, the total gross weight imposed upon the highways by a tandem axle configuration shall not exceed 46,000 pounds, and no one axle of any such group shall exceed 23,000 pounds.

3. Tridem Axle Load Permitted: The total gross weight imposed upon the highway in a tridem configuration on any vehicle, other than a "Vehicle of Special Design" as noted in Rule 5, shall not exceed 60,000 pounds, and no one axle of any such group shall exceed twenty thousand 20,000 pounds.

4. Quadrum Axle Load Permitted: The total gross weight imposed upon the highways by a quadrum axle configuration on any vehicle, other than a "Vehicle of Special Design" as noted in Rule 5, shall not exceed 68,000 pounds, and the weight on any one axle of any such group shall not exceed 17,000 pounds.

5. The total gross weight imposed upon the highway by the wheels of any one single trunnion axle, other than a "Vehicle of Special Design" as described in Rule 5, traveling under authority of an overload permit shall not exceed 20,000 pounds.

G. MOVEMENT OF OVERWEIGHT VEHICLES

Permits may be issued for the movement of overweight vehicles that do not exceed the width, height, or length limitations as provided in Arkansas Code Annotated §§ 27-35-206, 27-35-207, and 27-35-208 on Arkansas highways on Saturday, Sunday, holidays, and nighttime. These overweight permits must be obtained in advance of any movement.

H. MOVEMENT REQUIREMENTS

1. Signs: No oversize load signs are required on a vehicle or load traveling under an overweight permit if dimensions of the vehicle or load do not exceed the width, height, or length limitations as provided in Arkansas Code Annotated §§ 27-35-206, 27-35-207, and 27-35-208.

2. No escorts are required for a vehicle traveling under an overweight permit if the dimensions of the vehicle or load do not exceed the width, height, or length limitations as provided in Arkansas Code Annotated §§ 27-35-206, 27-35-207, and 27-35-208 unless deemed necessary by the Permit Section for the safety of the motoring public.

I. VEHICLES TRANSPORTING CROSS-TIES

Pursuant to Arkansas Code Annotated § 27-35-210, special overweight permits may be issued to certain five-axle vehicles transporting cross-ties from their first point of processing to the point at which they undergo creosote processing under the following conditions:

1. The five-axle vehicle must be licensed with an Arkansas "K" (Class 7) license.

2. The permitted vehicle may not have a loaded weight exceeding 36,500 pounds on either of the two tandem axle configurations.

3. The one-way mileage of the loaded trip shall not exceed 100 miles.

4. No more than five of these special permits may be issued to the same person during the same calendar year.

5. No portion of the loaded trip may be on any part of the Federal Interstate Highway System.

6. The fee for each one year permit shall be $ 100.

RULE 5 - VEHICLES OF SPECIAL DESIGN

A. INTRODUCTION

Vehicles of Special Design means any non-articulated pneumatic or rubber tired mobile construction vehicle or equipment carrying no load other than its own weight which has been reduced in size and weight until further reduction is impractical.

B. APPLICATION INFORMATION

Refer to Rule 2.B.

C. BOND/FEE INFORMATION

1. No bond is required.

2. Pursuant to Arkansas Code Annotated § 27-35-210,

a. Upon application and the payment of an annual fee of $100, the Director of State Highways and Transportation shall issue a permit for the movement of a crane exceeding the length as provided in Arkansas Code Annotated § 27-35-208, and which is moved on pneumatic tires within a radius of 35 miles of a point of origin of such movement, for a period of one year from the date of the issuance of such permit.

b. The Director may issue a special permit for a maximum load overhang beyond the front of a vehicle, which load exceeds the maximum load overhang provided in Arkansas Code Annotated § 27-35-106, but not exceeding five feet (5'), for a vehicle equipped with pneumatic tires and utilized exclusively for the movements of cranes for a period of not more than one year, upon application containing satisfactory proof that the vehicle is utilized solely for such movements.

D. FRONT/STEERING AXLES

Refer to Rule 4.E.

E. MOVEMENT REQUIREMENTS

1. Permits for the movement of a Vehicle of Special Design will be issued on the basis of the manufacturers' tire width in inches multiplied by 650 pounds per inch, multiplied by the total number of tires. The total weight on all tires in contact with the road surface will determine the maximum gross weight. The maximum gross weight may be limited as necessary to protect the bridges and roadway surfaces of the highways involved. In the event the manufacturers' tire width is not visibly marked on the outer or inner sidewall of a tire, the actual width in inches of the tire tread in contact with the roadway surface will be used to determine the maximum gross weight.

2. The load upon any vehicle operated alone, or the load upon the front vehicle of a combination of vehicles, shall not extend more than three feet (3') beyond the front wheels of such vehicle or the front bumper of such vehicle if it is equipped with such a bumper, except by permit. No permit will be issued for any vehicle with a front overhang in excess of twenty feet (20').

3. A permit for vehicles of special design will not be issued until the vehicle or equipment has been reduced in dimension and weight to come within the weight, width, height, and length limitations as provided in A.C.A. §§ 27-35-203, 27-35-206, 27-35-207, and 27-35-208 or permit movement criteria as set forth in these rules.

4. On any controlled access, divided highway with four or more lanes, any vehicle in excess of fourteen feet (14') in width, inclusive of overhangs, clearance lights, or any other appurtenance, shall be accompanied by one escort vehicle. The escort vehicle shall travel behind the vehicle. (See Rule 6.D. for the distance)

5. On all other highways, the movement of vehicles in excess of twelve feet (12') in width through fourteen feet (14') in width, inclusive of overhangs, clearance lights, or any other appurtenance, shall be accompanied by one escort vehicle. The escort vehicle shall travel in front of the vehicle. The movement of any vehicle which exceeds fourteen feet (14') in width shall be accompanied by two escort vehicles. One escort vehicle shall precede the permitted load, and one escort shall follow it. (See Rule 6.D. for the distance requirements)

6. An officer of command rank of the Arkansas Highway Police Division may require escorts as deemed necessary for the safety of the traveling public. Permittee must obtain or furnish the escort vehicle as prescribed herein.

7. All permitted vehicles shall be equipped with tail lamps and signal lamps which shall conform to applicable state and federal standards.

RULE 6 - ESCORTS

A. INTRODUCTION

1. Pursuant to Arkansas State Highway Commission Minute Order No. 72-252 dated May 24, 1972, no permit is required for an escort vehicle. However, all persons, firms, partnership or corporations providing escort service shall carry in the vehicle for production upon demand by a law enforcement officer proof of liability insurance in the amount required under Rule 6.D. issued by a company licensed to do business in the State of Arkansas.

2. Permittee must furnish the escort vehicles pursuant to these Rules.

B. APPLICATION INFORMATION

No escort vehicle permit is required.

C. BOND/FEE INFORMATION

1. No escort vehicle bond is required.

2. No fee is required for escort vehicles,

D. ESCORT REQUIREMENTS

Insurance: The amounts of bodily injury coverage shall be in amounts of not less than one hundred thousand dollars ($100,000) for each bodily injury or death and three hundred thousand dollars ($300,000) for each accident and property damage coverage of not less than twenty-five thousand dollars ($25,000) for each accident. ($325,000 dollars minimum combined single limit coverage)

Vehicle: An escort vehicle must be either a truck of not less than one-quarter (1/4) ton rated load capacity or an automobile of not less than 2,000 pounds gross weight and must be properly licensed under the laws of the State of Arkansas or reciprocal agreements.

Identification: The escort vehicle shall have the name and address of the company/owner on each door, plainly legible and visible to the motoring public at a minimum distance of fifty feet (50'). Well known company logos are acceptable. Logos/names shall reflect what is shown on the documentation used for proof of insurance that shall be carried in the vehicle.

Signs:

a. An escort vehicle accompanying an over-dimensional load, except one accompanying a manufactured home unit, shall display signs which state "oversize LOAD".

b. An escort vehicle accompanying a manufactured home unit shall display signs on the front and back with the message, "OVERSIZE (width in feet rounded up to the nearest whole foot) LOAD". An example of the sign is "OVERSIZE 14 LOAD".

c. Signs shall be constructed of a durable material with a yellow background and black letters of a two-inch (2") stroke and a minimum height often inches (10").

Safety Equipment: All escort vehicles must be equipped with a ten pound class BC dry or equivalent chemical type fire extinguisher; four 15-minute burning flares, light sticks or triangles; and any other device required by the Permit Section.

Lighting: All escort vehicles must have operating either a rotating amber light or a strobe-type amber light. The specific requirements for each type of light are as follows:

a. Rotating Light

i. Incandescent or halogen bulb lamps capable of emitting a minimum of 35,000 total candlepower factory certified,

ii. Steady beam of light emitted,

iii. Minimum lens height of six inches (6"), and

iv. Horizontally visible from all directions (360 degrees).

b. Strobe Light

i. Strobe type light source capable of emitting a minimum of 500,000 total candlepower, factory certified,

ii. Flashing light capable of a minimum of 80 flashes per minute,

iii. Minimum lens height of three and one-half inches (3 1/2"), and

iv. Horizontally visible from all directions (360 degrees).

c. Placement: The rotating or strobe light shall be mounted on top of the escort vehicle. In order to ensure 360 degree visibility, the light shall in no way be obstructed from view by any signs or appurtenances on the vehicle.

Flags: There shall be two solid red flags, eighteen inches (18") square, mounted other than vertical or horizontal atop the escort vehicle, preferably at a 40 degree to 70 degree angle. These flags shall not extend more than six inches (6") on either side of the vehicle and be no more than eight feet (8') in width between flags. Flags shall be mounted in line with the warning lights.

Clearance Bar: For over height loads, the escort vehicle shall have a clearance bar of some design attached to the escort vehicles to warn of any clearance problems of the load being escorted.

Communications: All escort and towing vehicles shall be equipped for two-way radio communication between vehicles.

Distance: The escort and towing vehicle shall have a distance of two hundred feet (200') between them at all times.

Escort Vehicle Placement:

a. Any vehicle that exceeds fifteen feet (15') in height is required to have one escort vehicle equipped with a clearance bar that extends six inches (6") above the permitted height preceding the load, unless otherwise specified on the permit.

b. If a permitted vehicle requires two escort vehicles, one escort vehicle shall travel in the front and one escort vehicle shall travel behind the vehicle/cargo, unless otherwise specified on the permit.

c. Escort placement is specified in Rule 3, Rule 5, Rule 7, and Rule 8 of this manual.

E. ASSIGNMENT OF ESCORTS FOR TRAVEL

Over Length

a. One escort shall follow a vehicle with a load of one hundred feet (100') or more in length on Interstates, controlled access, and divided highways with four or more lanes, and lead a vehicle with a load of one hundred feet (100') or more in length on all other highways.

b. Two escorts (one leading and one following) are required on all highways with fewer than four lanes for a load that exceeds one hundred fifteen feet (115').

Over Width Vehicles/Loads - Other Than Manufactured Homes

a. Except for manufactured home units, on any controlled access, divided highway with four or more lanes, a permitted vehicle or load in excess of fourteen feet (14') in width, inclusive of overhangs, clearance lights, eaves, or any other appurtenance, shall be accompanied by one escort vehicle. The escort vehicle shall travel behind the permitted vehicle or load a distance of two hundred feet (200') while in continuous travel.

b. Except for manufactured home units, on all highways that are not controlled access, divided highways with four or more lanes, the movement of any vehicle, which exceeds fourteen feet (14') in width, shall be accompanied by two escort vehicles. One escort vehicle shall precede the permitted vehicle, and one escort shall follow it.

c. Except for manufactured home units, on all highways, that are not controlled access, divided highways with four or more lanes, the movement of a permitted vehicle over twelve feet (12') in width but not more than fourteen feet (14') in width, inclusive of overhangs, clearance lights, eaves, or any other appurtenance, shall be accompanied by one escort vehicle that shall travel in front of the permitted vehicle.

Over Width Vehicles/Loads - Manufactured Homes

Pursuant to Arkansas Code Annotated § 27-35-306:

a. On any controlled access, divided highway with four or more lanes, any manufactured home in excess of fourteen feet six inches (14'6") in width shall be accompanied by one escort vehicle. The escort vehicle shall travel behind the manufactured home.

b. On all other highways, the movement of manufactured homes in excess of twelve feet (12') in width through fourteen feet six inches (14'6") in width shall be accompanied by one escort vehicle. The escort vehicle shall travel in front of the manufactured home.

c. The movement of any manufactured home which exceeds fourteen feet six inches (14'6") in width shall be accompanied by two escort vehicles. One escort vehicle shall travel in front of the manufactured home and one escort vehicle shall travel behind the manufactured home.

Over Height Loads

a. Any vehicle or load that exceeds fifteen feet (15') in height is required to have one escort vehicle equipped with a clearance bar that extends six inches (6") above the permitted height preceding the load, unless otherwise specified on the permit

b. If the overall height of the vehicle or load exceeds seventeen feet (17'), the mover shall obtain written agreements signed by the owners of overhead facilities (utilities, traffic signals, etc.) along the route and the move shall be accompanied by representatives of the owners or the mover shall obtain letters from the owners indicating they are aware of the height of the over height load and do not desire to have a representative accompany the move.

Houses

One escort vehicle is required to be positioned in front and one escort vehicle is required to be positioned behind the house during the trip.

Additional Escorts

The Permit Section may require additional escorts in the interest of safety of the motoring public and those persons involved in the movement of the permitted vehicle/load. Additionally, the Permit Section may require one or more vehicles from an appropriate law enforcement agency to accompany the movement.

RULE 7 - MANUFACTURED HOME UNITS

A. INTRODUCTION/DEFINITIONS

1. Pursuant to Arkansas Code Annotated § 27-35-301,

a. Manufactured home unit means a structure constructed for use as a dwelling, office, or classroom which is more than eight feet (8') in width or sixty feet (60') in length and is capable of being moved upon the highways when combined with a pulling vehicle.

b. Overwidth means any manufactured home unit in excess of eight feet (8') in width.

c. Width means the largest overall width of a manufactured home in the traveling mode, including bay windows, roof projections, overhangs, or eaves under which there is no interior space.

Structure means a building, either portable or permanent, other than a manufactured home unit, which cannot be disassembled or reduced in size without substantial damage to the structure, and

a. where any person lives or carries on a business or other calling

b. where people assemble for purposes of business, government, education, religion, entertainment, or public transportation, or

c. which is customarily used for overnight accommodation of persons, whether or not a person is actually present. Each unit of a structure divided into separately occupied units is itself a structure.

d. Traveled way means the portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes.

B. APPLICATION INFORMATION

1. Pursuant to Arkansas Code Annotated § 27-35-302, "Manufactured home units" eight feet (8') or less in width and sixty feet (60') or less in length may be moved on the highways of this state without the procurement of the special permit under this subchapter.

2. Pursuant to Arkansas Code Annotated § 27-35-304:

a. Manufactured home units may be lawfully moved interstate and intrastate on the highways, roads, and streets of this state by procuring a special permit issued by the department. The rules and regulations of the commission, with respect to the movement of manufactured homes upon the highways of this state shall be equally applicable to the movement of manufactured homes upon city streets and county roads in this state. No municipality or county shall require local permits, bonds, fees, or licenses for the interstate or intrastate movement of manufactured homes permitted by the department.

b. A permit shall be required for each single continuous movement of each manufactured home unit.

c. Manufactured home units in excess of sixteen feet six inches (16'6") in width may be moved upon the public highways of this state by obtaining an emergency permit approved by the department. Factors to be considered in approval of such emergency permit shall include, but not be limited to:

(1) Maximum overall width;

(2) Distance to travel;

(3) Condition of the highway; and

(4) The volume and type of traffic.

d. No special permit shall be issued for any manufactured home unit exceeding eighteen feet (18') in width.

e. A permit required for the movement of a manufactured home unit may be obtained from the Permit Section.

3. Pursuant to Arkansas Code Annotated 27-35-305;

a. A special permit shall be issued to any licensed carrier, dealer or manufacturer who files with the Department evidence of acceptable insurance coverage.

b. Persons moving their personal manufactured home units not over twelve feet (12') wide, exclusive of clearance lights, registered to such persons, and not for the purpose of sale, with a truck of not less than one-ton factory rated capacity, equipped with such devices and safety equipment and in compliance with safety regulations as required by the Interstate Commerce Commission* as the pulling vehicle, when the driver of a pulling vehicle is experienced in such driving, shall be entitled to a special permit upon a showing of evidence that they have insurance acceptable to the Department for, and title to, the manufactured home unit.

*NOTE: The Interstate Commerce Commission was abolished in 1995 and replaced by the Surface Transportation Board that is housed within the U. S. Department of Transportation.

C. BOND/FEE INFORMATION

1. Pursuant to Arkansas Code Annotated § 27-35-307 payment of fees may be made on a monthly basis.

2. Pursuant to Arkansas Code Annotated § 27-35-308, persons posting a surety bond with the Department in the amount of one thousand dollars ($1,000) payable on default to the State of Arkansas, shall be allowed to pay fees accruing for permits on a monthly basis. Should the person fail to pay any sum owing to the Department within 30 days after due, the Department may execute on the bond.

Pursuant to Arkansas Code Annotated § 27-35-304, fees for the movement of a manufactured home are:

a) For a manufactured home exceeding eight feet (8') in width, but not exceeding sixteen feet six inches (16'6") in width, including projections and overhangs, the fee is seventeen dollars ($17.00).

b) For a manufactured home exceeding sixteen feet six inches (16'6") in width, including projections and overhangs, the fee is one hundred fifty dollars ($150.00).

D. MOVEMENT REQUIREMENTS

Insurance:

a. The minimum liability insurance requirements for manufactured home manufacturers, dealers and carriers are one hundred thousand ($100,000) dollars for the first bodily injury or death; three hundred thousand ($300,000) dollars for bodily injury or death for each accident; and one hundred thousand ($100,000) dollars for property damage resulting from the accident.

b. Persons transporting their own manufactured home shall have liability coverage in the amounts of twenty-five thousand ($25,000) for the first bodily injury or death; one hundred thousand ($100,000) for bodily injury or death for each accident; and fifteen thousand ($15,000) for property damage resulting from the accident; or one hundred fifteen thousand ($115,000) combined single limit coverage. Proof of required insurance must be available for verification at all times during movement in Arkansas.

Signs/Flags:

a. The vehicle pulling the manufactured home unit shall display clearly an "OVERSIZE LOAD" sign on the front of the towing unit and rear of the manufactured home unit and shall be constructed of a durable material with a yellow background and black letters of a two inch (2") stroke and a minimum height often inches (10").

b. Eighteen inch (18") red or fluorescent orange flags shall be displayed on all four comers of the unit.

Brakes: All manufactured home units shall be equipped with axles and brakes that conform to applicable state and federal standards.

Lighting: All manufactured home units shall be equipped with tail lamps and signal lamps that conform to applicable state and federal standards.

E. MOVEMENT RESTRICTIONS

1. No movement of manufactured homes in excess of twelve feet (12') wide on two-lane highways will be allowed from 7:00 a.m. to 9:00 a.m. and from 3:00 p.m. to 5:00 p.m. This restriction does not apply to Saturday movement or between the dates of June 15th through August 15th.

2. Pursuant to Arkansas Code Annotated § 27-35-306, manufactured home units may not be transported on Sunday, holidays listed in Rule 2.E.6., or at night.

Manufactured home units greater than sixteen feet six inches (16'6") in width may only be transported between the hours of 9:00 a.m. and 3:00 p.m.

4. Pursuant to Arkansas Code Annotated § 27-35-306 manufactured home units may be moved on Saturdays. Saturday movement may be restricted when traffic volumes are anticipated to be greater than normal due to a special event including, but not limited to college or university athletic events, or Regional or State Fairs scheduled for the particular Saturday, or such legal holidays as shall be specified by the Department.

F. ESCORT REQUIREMENTS

1. General escort requirements are described in Rule 6.

2. Pursuant to Arkansas Code Annotated § 27-35-306;

a. On any controlled access, divided highway with four or more lanes, any manufactured home in excess of fourteen feet six inches (14'6") in width shall be accompanied by one escort vehicle. The escort vehicle shall travel behind the manufactured home.

b. On all other highways, the movement of manufactured homes in excess of twelve feet (12') in width through fourteen feet six inches (14'6") in width shall be accompanied by one escort vehicle. The escort vehicle shall travel in front of the manufactured home.

c. The movement of any manufactured home which exceeds fourteen feet six inches (14'6") in width shall be accompanied by two escort vehicles. One escort vehicle shall precede the manufactured home; one escort vehicle shall follow it. (See Rule 6.D.10 for distance requirements.)

3. The Permit Section may assign additional escorts as noted in Rule 6.E.

G. TRAFFIC CONTROL

1. The pulling unit and escort for manufactured home movements shall take reasonable measures to prevent excessive build up of accumulated traffic behind them, including pulling over and stopping at safe locations and reduction of speed in safe places to allow vehicles behind them to pass.

2 Pursuant to Arkansas Code Annotated § 27-35-310:

a. In addition to the requirements on persons and payloads issued permits to move manufactured home and houses on Arkansas highways under Arkansas Code Annotated §§ 27-35-304 and 27-35-309, a person issued a permit to move manufactured homes or houses under this subchapter shall be authorized to temporarily stop or halt traffic and safely direct, control, and regulate traffic around the manufactured home or house while maneuvering his payloads on or off the public streets, highways or bridges.

b. No person moving a permitted manufactured home shall ever halt or stop traffic on a public street or highway while maneuvering a manufactured home on or off the street or highway for more than three minutes or stop or halt traffic within five hundred feet (500') from the crest of a hill.

RULE 8 - HOUSES

A. INTRODUCTION

Pursuant to Arkansas Code Annotated § 27-35-309:

1. "The laws of this state and regulations of qualified house movers in this state who have met the financial responsibility requirements of the State Highway and Transportation Department shall be authorized to move, upon the public highways of this state, houses up to and including twenty-eight feet, six inches (28'6") in width, exclusive of roof overhang, upon obtaining a permit as required by law."

2. "Municipalities and counties, respectively, may make and enforce other rules and regulations regarding the movement of houses on the city streets and on county roads within their jurisdiction as they shall deem appropriate."

B. APPLICATION INFORMATION

1. The District Engineer shall approve the movement of a house within or through his or her district including the route over which the house will move.

The Permit Section shall have a written route approval from the District Engineer prior to issuing a permit for the movement of a house.

3. An approval form must be completed by the District Engineer and received by the Permit Section, via mail or telefax, before the permit can be issued.

In reviewing the route over which the move is to take place, the District Engineer shall take into consideration the physical features of the roadway, the traffic volumes, the peak hours of traffic and the congestion and inconvenience the movement of a house would have on the traveling public.

5. Applications shall be submitted at least three days prior to the initial inspection by the District Engineer.

6. The maximum overall width allowable for the movement of a house upon State Highways is twenty-eight feet and six inches (28'6") based on the route requested, the conditions of the highways, the distance involved in the movement and the volume and type of traffic.

7. The Permit Section may issue a permit for a house that exceeds the maximum width when an emergency or special circumstance exists and is concurred in by the District Engineer(s) for the District(s) in which the move is to be made.

8. Any manufactured home unit shall comply with the rules and regulations as described in Rule 7.

C. BOND/FEE INFORMATION

1. A Surety Bond in the amount of five thousand dollars ($5,000) to cover potential damages shall be filed with the Permit Section before a permit will be issued for the movement of a house in excess of twenty feet (20') in width, unless otherwise specified by the Permit Section.

2. The fee for a permit to move a house shall be seventeen dollars ($17).

3. No permit fees will be refunded after issuance.

D. MOVEMENT REQUIREMENTS

Insurance and Liability:

a. The applicant shall assume absolute liability and shall pay for any and all damages to highways, highway facilities, persons, or private property resulting from the movement of an oversize house.

b. Pursuant to A.C.A. § 27-35-301(2), the minimum liability insurance requirements are one hundred thousand ($100,000) for the first injury, three hundred thousand ($300,000) for each accident, and one hundred thousand ($100,000) for property damage. Liability insurance shall be issued by an insurance company licensed to do business in the State of Arkansas.

c. Documentation of liability insurance as required by Arkansas law shall be carried in the vehicle for inspection upon request by any law enforcement officer.

d. These provisions shall be supplemental to any other existing local, state and federal laws and regulations regarding insurance requirements for either interstate or intrastate operations while in the State of Arkansas.

Route Inspections:

a. Prior to the issuance of a permit, the mover shall make arrangements with the District Engineer(s) for an inspection of the house and the route over which the move will be made.

b. The mover shall make arrangements for the initial inspection with the District Engineer at least three days prior to the inspection.

c. The mover shall furnish outside house dimensions at the time of the route inspection, which are subject to confirmation by independent measurements made by Department personnel prior to issuance of a permit.

Agreements with Utility Companies:

If the overall height of the house exceeds seventeen feet (17'), the mover shall obtain written agreements signed by the owners of overhead facilities (utilities, traffic signals, etc.) along the route and the move shall be accompanied by representatives of the owners. If the owners of the utilities do not wish to accompany the move, the mover shall obtain letters from the owners indicating they are aware of the height of the over height load and do not desire to have a representative accompany the move.

Traffic Control:

a. Arrangements shall be made to allow immediate passing of all emergency vehicles during the move. Pursuant to Arkansas Code Annotated § 27-35-310, a person issued a permit to move a house shall be authorized to temporarily stop or halt traffic and safely direct, control, and regulate traffic around the house while maneuvering his or her payloads on or off the public streets, highways or bridges.

b. Pursuant to Arkansas Code Annotated § 27-35-310, no person moving a permitted house shall ever halt or stop traffic on a public street or highway while maneuvering a house on or off the street or highway for more than three minutes or stop or halt traffic within five hundred feet (500') from the crest of a hill.

Flagmen: Any person who directs, stops, or otherwise controls traffic around a house that is being moved is the sole responsibility of the mover.

Escorts:

a. One escort vehicle shall travel in front of the house and one escort vehicle shall travel behind the house during the trip.

b. Two-way radio communication is required between all escorts and towing units. (See Rule 6.D.9)

E. MOVEMENT RESTRICTIONS

Holidays: No permit will be issued for the movement of houses on holidays listed in Rule 2.E.6.

Inclement Weather:

a. A permit is not valid for movement when visibility is less than five hundred feet (500') or during inclement weather, including but not limited to periods of extremely hard driving rain, freezing rain, sleet, snow, or other hazardous conditions.

b. Movement of vehicles under permit may be restricted during strong winds or wind gusts exceeding twenty (20) knots (23 mph).

Days/Hours: Movement of all houses in excess of fourteen feet (14') in width will be allowed only during the following hours:

Monday through Thursday: 9:00 a.m. to 3:00 p.m. Fridays: 9:00 a.m. to 12:00 noon Sundays: Daylight to 9:00 a.m.

Limitations/Cancellation:

a. Permits for moving houses will be limited to two days. Permits will not be canceled but may be extended providing the Department is notified prior to expiration of the original permit.

b. No permit will be issued for movement of houses on the Interstate highways or any fully controlled access highway.

RULE 9 - OTHER STRUCTURES

A. Introduction

1. The Commander may approve a permit to move a structure, not constructed with the primary purpose of being utilized as a residence, without routing and approval from a District Engineer, if:

a. The maximum width of the structure does not exceed sixteen feet six inches (16'6"), in width, including bay windows, roof projections, overhangs, or eaves under which there is no interior space,

b. The maximum overall height, when loaded or transported, does not exceed sixteen feet six inches (16'6") in height, or

c. The maximum length of the structure does not exceed fifty three feet six inches (53'6").

2. At the discretion of the Commander, any structure may be referred to the District Engineer for routing and approval on the same application and under the same requirements as for the movement of a house under Rule 8.

3. The Permit Section may require any structure having a width that exceeds eighteen feet (18') to comply with the same regulations that apply to moving a house. (See Rule 8)

B. Bond/Fee Information

1. No bond is required.

2. The base fee for a permit to move a structure under Rule 9 shall be seventeen dollars ($17).

3. No permit fees will be refunded after issuance.

RULE 10 - SEALED CONTAINERIZED CARGO

A. INTRODUCTION

Pursuant to Arkansas Code Annotated § 27-35-210:

The Commission is authorized to issue special permits in conformance with the provisions of this section for the movement of sealed containerized cargo units upon highways under the commission's jurisdiction subject to the restrictions and conditions deemed appropriate by the commission as contained within this section and the following additional restrictions:

1. Containerized cargo units must be part of international trade and be moved on the highways due to importation from or exportation to another country;

2. A copy of the international bill of lading signed by a customs official or an international bill of lading with equipment interchange and inspection report must be submitted to the commission before a permit may be issued;

3. Operators of such units shall at all times have in their possession a copy of the documents as described in Rule 10.A.2.;

4. All vehicles operating under this permit shall have a minimum of five full-time load-bearing axles and shall not exceed 20,000 pounds per axle or total gross vehicle weight of 90,000 pounds;

5. All vehicles operating under a sealed containerized cargo unit permit must not exceed the legal width, length or height restrictions as set out in Arkansas Code Annotated §§ 27-35-206, 27-35-207, and 27-35-208;

6. Payment of the charges for each permit is collected, calculated and transmitted under the existing regulations and policies.

7. Permits may be issued only for a single continuous movement or operation to be executed or performed within six consecutive dates of the issuance of the permit by one vehicle within one county of this state or across one county line within the state of Arkansas.

B. APPLICATION INFORMATION

Refer to Rule 2 B.

C. BOND/FEE INFORMATION

1. No bond is required.

2. The base fee for a permit to move a structure under Rule 10 shall be seventeen dollars ($17).

RULE 11 - WRECKER OR TOWING VEHICLES USED AS EMERGENCY VEHICLES

A. INTRODUCTION

Pursuant to A.C.A. 27-35-210:

1. The State Highway Commission is authorized to issue special permits to towing businesses for the operation of wreckers or towing vehicles used as emergency vehicles under A.C.A. § 27-36-305(b) when the operation and movement of the vehicle or combination of vehicles exceed the maximum size and weight limitations pursuant to Arkansas Code Annotated §§ 27-35-203, 27-35-206, 27-35-207, and 27-35-208.

2. Upon application and payment of a permit fee per wrecker or tow vehicle not to exceed five hundred dollars ($500), the commission, through the Director of State Highways and Transportation, may issue a special permit valid for one single trip or for a period of one year that authorizes a towing business licensed under A.C.A. § 27-50-1203 to use a wrecker or tow vehicle permitted under this subdivision (m)(2) to move at any time of day or night a vehicle that is disabled or wrecked when that movement:

a. Results in an oversized, overweight, or both oversized and overweight combination of vehicles; and

b. Is the initial movement of disabled or wrecked vehicles or combination of vehicles from highways, roads, streets, or highway right-of-way to:

i. The nearest point of storage or repair used by the towing or wrecker company;

ii. The nearest point of storage or repair used by the owner or operator of the vehicle; or

iii. The nearest authorized repair center for the vehicle.

B. APPLICATION INFORMATION

1. Each applicant must provide the AHP Permit Section a copy of its current Arkansas Towing and Recovery Board license.

2. Upon verifying the validity of the towing and recovery license, AHP permit technicians may issue the permit according to procedures in place at the time the permit is issued.

3. The one year permit will be valid until the expiration of the applicant's current towing and recovery license, but shall not exceed one year.

4. The permit must be carried in the wrecker or tow vehicle and be readily available to present to any law enforcement officer upon request.

5. Any towing business towing a disabled vehicle that is operating pursuant to an oversize or overweight permit issued by the AHP Permit Section, must contact the AHP Permit Section to obtain travel route approval. In the event a disabled, permitted oversize or overweight vehicle is blocking the roadway and creating an imminent safety hazard, the required travel route approval may be obtained once the vehicle has been removed to a safe location a short distance from the roadway.

6. No additional fee will be charged for travel route approval.

7. Escort vehicles or pole cars may be required for some oversize vehicles.

C. BOND/FEE INFORMATION

1. No bond is required.

2. The fee for a special one year permit is five hundred dollars ($500) per wrecker or towing vehicle and will be pro-rated for terms less than one year.

RULE 12 - SPECIALIZED WATER DRILLING AND AGRICULTURE AVIATION VEHICLES

A. INTRODUCTION

Pursuant to A.C.A. § 27-35-210, upon application and the payment of an annual fee, a special permit shall be issued for the movement of a vehicle of special design utilized exclusively for the drilling of water wells, or for the movement of auger equipment utilized exclusively for loading agricultural aircraft, which exceeds the length as provided in Arkansas Code Annotated § 27-35-208 or Arkansas Code Annotated § 27-35-106, and which is moved on pneumatic tires, for a period of one year from the date of issuance of the permit.

B. BOND/FEE INFORMATION

1. No bond is required.

2. For annual movements within a radius of 35 miles of a point of origin of the movements, the annual fee shall be one hundred dollars ($100).

3. For annual movements exceeding the 35 mile radius, the annual fee shall be three hundred dollars ($300).

C. MOVEMENT REQUIREMENTS/RESTRICTIONS

1. The permits authorized under this Rule may contain limitations on the speed of operation and the routes of operation as the Director may deem necessary for safety to the traveling public.

All escorts must meet all of the requirements in Rule 6.

RULE 13 - EARTHMOVING EQUIPMENT (TRACTOR WITH DIRT PAN IN TOW)

A. Introduction

Pursuant to Arkansas Code Annotated § 27-35-210, permits may be issued for the movement of earthmoving equipment that is a tractor with dirt pan in tow used primarily for fanning operations to travel upon the state highways in excess of a fifty (50) mile radius of the point of origin or for the movement of earthmoving equipment that is a tractor with dirt pan in tow used primarily for commercial earthmoving operations for travel upon state highways of any distance subject to the following requirements:

1. The permit shall be issued only to owners of the vehicles who are primarily engaged in farming or commercial earthmoving operations;

2. The permit issued shall be limited to daylight operation for a specified 72 hour period and shall specify the route of travel;

3. No part of the movement may be upon any Interstate highway or fully controlled access facility;

4. Proof of liability insurance for the tow vehicle shall be submitted to the Arkansas State Highway and Transportation Department;

5. Vehicles shall be accompanied by a front escort vehicle with flashing amber lights, radio contact with the vehicle operator, and "wide load" signs;

Vehicles may be moved in convoys under the following conditions:

a. Convoys shall consist of no more than three vehicles with escorts at the front and rear of the convoy.

b. Convoys shall pull off the highway at sufficient intervals to allow traffic to pass.

7. A permit may be issued for no more than two dirt pans to be towed by one tractor.

B. Bond/Fee Information

1. No bond is required.

2. The single trip permit fee for movement of this type of vehicle is seventeen dollars ($17).

C. Movement Requirements/Restrictions

1. Proof of liability insurance for the tow vehicle shall be submitted to the AHP Permit Section:

a. The minimum liability insurance requirements shall be twenty five thousand dollars ($25,000) for the first bodily injury or death; one hundred thousand dollars ($100,000) for bodily injury or death for each accident; and fifteen thousand dollars ($15,000) for property damage resulting from the accident.

b. Proof of liability insurance must be forwarded to the AHP Permit Section in the Central Headquarters Office of the Arkansas Highway Police, P.O. Box 2779, Little Rock, AR 72203.

2. Vehicles, tractor and dirt pan(s), shall be accompanied by a front escort vehicle with flashing amber lights, radio contact with the vehicle operators, and "wide load" signs.

3. Vehicles may be moved in convoys under the following conditions:

a. Convoys may consist of no more than three vehicles,

b. Escorts must travel at the front and rear of the convoy.

Escorts must meet all of the requirements in Rule 6.

5. No part of the movement may be upon any Interstate highway or fully controlled-access facility.

RULE 14 - COMPACTED SEED COTTON MODULE VEHICLES

A. Introduction

Vehicles utilized to transport compacted seed cotton that exceed nine feet (9') in width, fifty-five feet (55') in length, or thirteen feet six inches (13'6") in height shall have a valid oversize permit issued by the AHP Permit Section in order to travel the highways of the State.

B. Bond/Fee Information

1. No bond is required.

2. The single trip permit fee is seventeen dollars ($17).

C. Movement Requirements/Restrictions

1. Cotton module vehicles that have a valid oversize permit issued by the AHP Permit Section and do not exceed nine feet ten inches (9'10") in width, fifty five feet (55') in length, or fourteen feet six inches (14'6") in height are authorized continuous 24 hour-a-day movement.

2. Cotton module vehicles may operate on all highways of this state, except federal Interstate highways.

3. Cotton modules may not be double-stacked.

Owners/drivers are responsible for any damage to structures, signs, utility lines, etc. that results from the movement of their cotton module vehicles.

RULE 15 - ANIMAL FEED VEHICLES

A. INTRODUCTION

Pursuant to A.C.A. § 27-35-210, upon application and the payment of a fee not to exceed five hundred dollars ($500), a special permit may be issued for one single trip or for a one-year period that authorizes the movement on state highways of a truck tractor and single semitrailer combination with five axles hauling animal feed to livestock or poultry, which exceeds the maximum gross weight as provided in A.C.A. § 27-35-203, with a tandem axle limit of 36,500 pounds and a single axle limit of 20,000 pounds and a total gross weight of 85,000 pounds.

B. BOND/FEE INFORMATION

1. No bond is required.

2. The fee for a single trip permit is seventeen dollars ($17) or a one-year permit is five hundred dollars ($500).

RULE 16 - EXEMPTIONS

A. INTRODUCTION

Arkansas Code Annotated § 27-35-209 provides that forestry machinery shall be exempted from width and height permits.

Arkansas Code Annotated § 27-35-210 provides exemptions for vehicles described as farm equipment or special cargoes.

B. APPLICATION INFORMATION

No permit application is required for forestry machinery or farm equipment/special cargoes.

C. BOND/FEE INFORMATION

1. No bond is required.

2. No permit fee is required.

D. EXEMPTIONS

1. Forestry Machinery

a. Pursuant to Arkansas Code Annotated § 27-35-209, "Forestry machinery shall be exempt from width and height limitations imposed by this subchapter, and all other statutes limiting the width and height of vehicles operating upon the state's highways. This section shall have no application to forest machinery traveling on federal Interstate highways."

b. Forestry machinery shall be defined as machinery which is an integral part of planting, harvesting or crop maintenance for a forestry operation, when traveling directly from or directly to a forestry plot.

2. Log Truck Exemption

a. A truck-tractor/pole trailer combination with a total number of five axles, no more and no less, transporting logs from their first point of severance to the location where they first undergo preparation for processing or processing is not required to have a permit under the following conditions:

b. Logs being transported may extend past the rear of the pole trailer no more than twenty-five feet (25'), measured from the center point between the two axles of the rear tandem axle group to the end of the logs extending furthermost from the rear of the pole trailer,

ii. The logs shall maintain a minimum clearance of two feet (2') above the surface of the roadway whether stationary or when traveling,

iii. During daytime movement, one eighteen inch (18") red or fluorescent orange flag must be on each rear comer of the load, and

iv. During nighttime movement, one steady burning red lamp must be mounted on each rear comer of the load.

b. The exemption under Rule 16.D.2. shall not apply to those vehicle combinations utilizing flat-bed trailers equipped with bunks, bolsters, or stakes, which are transporting logs in multiple stacks or logs that are not stacked in a single vertically aligned stack, or if the load may be reducible in length by means other than reducing the length of individual logs by removal of part of the main body (trunk) of the log.

Farm Equipment/Special Cargoes

Pursuant to Arkansas Code Annotated § 27-35-210, it shall not be necessary to obtain a permit nor shall it be unlawful to move any vehicle or machinery in excess of the maximum width prescribed in Arkansas Code Annotated § 27-35-206 used for normal farm purposes only, such as, but not limited to, hay harvesting equipment, plows, tractors, bulldozers, combines, etc., where:

a. It is hauled on a vehicle licensed as a natural resource vehicle; or

b. The vehicle or machinery is being transported by a farm machinery equipment dealer or repairman in making a delivery of new or used equipment of machinery to the farm of the purchaser; or

c. The vehicle or machinery is being used in making a pickup and delivery of such farm machinery or equipment from the farm to a shop or a farm equipment dealer or repairman for repairs and return to the farm, and

d. The movement is performed during daylight hours within a radius of 50 miles of the point of origin thereof and no part of the movement is upon any highway designed and known as a part of the National System of Interstate and Defense Highways or any fully controlled access highway facility.

Round Bales of Hay

a. It shall not be unlawful nor shall it be necessary to obtain a permit to transport round bales of hay upon any public highway or road that is not a fully controlled highway or road if the load does not exceed twelve feet (12') in width.

b. Permits may be issued authorizing the transport of round bales of hay on controlled highways provided the load does not exceed ten (10') feet in width. The permit shall be issued without fee or other charge and shall expire three days after the date of issuance.

Compacted Seed Cotton Vehicles

Pursuant to Arkansas Code Annotated §§ 27-35-206 and 27-35-208, vehicles utilized to transport compacted seed cotton from the farm to the first point at which such seed cotton shall first undergo any processing, preparation for processing, or transformation from its compacted state may operate upon all highways of this state, with the exception of Federal Interstate Highways, with widths not exceeding one hundred eight inches (108") and lengths not exceeding fifty-five feet (55') without a permit. However, such vehicles must be equipped and operated in compliance with the traffic laws of this state as well as all safety rules and regulations of the United States Department of Transportation and the Arkansas State Highway Commission.

Poles, Pipes, Machinery, or Objects of a Structural Nature

a. Length limitations shall not apply to vehicles operated in the daytime when transporting poles, pipes, machinery, or other objects of a structural nature which cannot readily be dismembered, nor to vehicles transporting objects operated at nighttime by a public utility, or its agent, or electric/telephone cooperatives, or their agents, when required for emergency repair of public facilities or properties or when operated under permit as provided by law.

b. Specific examples are as follows:

i. If the load is flush or longer than the trailer (regardless of the length of trailer) the load is exempted fi-om permit during daylight hours.

ii. If the load is shorter than the trailer and if the trailer is over 53'6" an oversize permit is required for the trailer.

iii. If the load is exempted from a permit, it is exempted from all requirements of an escort, etc.

iv. Poles, pipes, things of structural nature or machinery transported at night are treated as any other combination of permit load.

RULE 17 - REVOCATION OF PERMITS AND PERMIT PRIVILEGES

A. The Department reserves the authority and right to cancel, void, or otherwise invalidate a permit at any time.

B. Circumstances that may be considered in the determination to cancel, void, or otherwise invalidate a permit include, but are not limited to:

1. The permit was issued in error by the Department;

2. The permit was obtained or possessed under false pretense or by any fraudulent means;

3. Failure to comply with any of the provisions of a permit, permit rules, or Arkansas law; and

4. Conditions existing at the time of issuance of the permit have changed in such a way as to adversely affect the safety of the motoring public or integrity of roadways or bridges.

C. Any violation of the permit provisions, rules, or Arkansas Law may result in the arrest of the operator. If the violation involves an overweight vehicle or load, state law provides that any owner, principal, employer, lessor, lessee, agent, or officer of any firm or corporation who permits an operator to operate a vehicle exceeding the weight authorized by the permit may also be criminally liable.

D. The Department may deny the issuance of a permit for repeated permit violations under the following provisions:

1. Two permit violations within a 12 month period may result in a suspension of permit privileges for up to 30 days.

2. Three permit violations within a 12 month period may result in the suspension of permit privileges for up to 90 days. In addition, if the violator or entity has a bonded account with the Department, those privileges may be suspended for up to six months following the period of suspension.

3. Four permit violations within a 12 month period may result in the suspension of permit privileges for up to 180 days. In addition, if the violator or entity has a bonded account with the Department, those privileges may be suspended for up to one year following the period of suspension.

4. Five permit violations within a 12 month period may result in the suspension of permit privileges for up to one year. In addition, the violator or entity may not be eligible to have a bonded account with the Department for up to 24 months following the period of suspension.

E. A person may appeal any period of suspension by making a written request to the Commander. All decisions of the Commander are final.

RULE 18 - ROADWAY MAINTENANCE ASSESSMENTS ON NON-DIVISIBLE OVERWEIGHT LOADS ON WEIGHT RESTRICTED HIGHWAYS

A. A person who desires to transport a non-divisible overweight load on a weight restricted highway shall request, in writing to the AHP, that an agreement be executed to allow the Operator to transport such non-divisible overweight load on a weight restricted highway.

B. As part of the request, the Operator must provide the following information:

1. The location of the weight restricted highway on which the operator desires to transport non-divisible overweight loads, including county, highway number, location of entry to and exit from the weight restricted highway, and length of travel necessary on the weight restricted highway,

2. The estimated number of loads to be transported on the weight restricted highway and the estimated weight of those loads. The number of loads and the weight of those loads shall include all loads, including those loads that may travel on the weight restricted highway within the posted weight limit, and

3. The beginning and ending date of the Operator's travel on the weight restricted highway.

C. The Department will collect data on the subject weight restricted highway to determine the impact of the proposed operations on the condition of the route. The evaluation may consist of the following:

1. Collection of core samples along the subject weight restricted highway to determine the pavement and sub grade structure,

2. Falling Weight Deflectometer (FWD) tests to determine the stiffness characteristics of the existing pavement structure, and

Existing traffic data for the subject weight restricted highway.

D. The data collected under Rule 18.C. will be used to calculate the remaining life of the subject weight restricted highway.

E. The data collected under Rule 18.C. along with the proposed additional traffic loading data provided by the Operator under Rule 18.B. will be used to calculate the additional damage that can be attributed to the Operator's heavy truck travel along the weight restricted highway.

F. Using the most recent cost information available, the Department will calculate the cost of additional maintenance that may be needed as a result of the Operator's heavy truck travel along the weight restricted highway (hereafter the "Roadway Maintenance Assessment"). Because of the cost involved in the Department's collection and analysis of data to determine the Roadway Maintenance Assessment, a minimum charge may apply.

G. Should all of the heavy truck travel follow the same path along the weight restricted highway, then the Roadway Maintenance Assessment will be calculated as a cost per mile.

H. Should all of the heavy truck travel not follow the same path along the weight restricted highway, then an average length of travel along the weight restricted highway to or from the site of the Operator's activity will be used to calculate the Roadway Maintenance Assessment, which will be presented as a cost per site of the Operator's activity.

I. Should multiple activities be proposed along the weight restricted route, then the impact of the total traffic loadings associated with the combined activities will be used to calculate the Roadway Maintenance Assessment, which will be presented as an average cost per site of the individual activities.

J. The AHP will forward to the Operator a Master Agreement and a Request for Access to Restricted Roads (hereafter the "Request for Access"), which will include the Roadway Maintenance Assessment.

K. Upon receipt of a completed Master Agreement, Request for Access to Restricted Roads (hereafter the "Request for Access") and the accompanying Roadway Maintenance Assessment from the Operator, the AHP shall process a permit in accordance with the Department's Permit Regulations for the Movement of Oversize and/or Overweight Vehicles on the Arkansas State Highway System (hereafter the "Permit").

L. Repeated violations of the terms of the Request for Access or the Permit shall result in the voidance of the Request for Access and the Permit and may affect the Operator's ability to obtain any Request for Access or Permit in the future.

M. The Master Agreement shall expire on December 31 of the year in which it was obtained, but may be extended at the Department's discretion.

APPENDICES

APPENDIX 1

Types of Permits Available

• Single Trip

• Six Day County

• Annual Animal Feed (85,000 pounds gross weight)

• Annual 57' Trailer

• Annual Permit for Unprocessed Cross-ties/Limited to Five Per Person

• Annual Water Drilling and Agriculture Aviation Vehicles

• Annual Emergency Vehicles (Wrecker and/or Towing & Recovery Vehicles)

• Annual Width up to ten feet, eight inches (10'8) with origins from an adjacent state with one-way mileage limited to 15 miles in one county.

APPENDIX 2

INFORMATION REQUIRED TO OBTAIN A PERMIT

Applications for permits to move vehicles exceeding the statutory maximum weights or dimensions over the State Highway System shall be submitted to the Permit Section in writing, in person, by telephone, telefax, or by the online Arkansas Routing and Permitting System (ARPARS). The Permit Section's telephone number is ( 501-569-2381). For information and access to ARPARS, contact the Permit Section at 501-569-2546. The Permit Section is the only source for overweight/oversize permits.

The application shall include the following information:

1. NAME OF APPLICANT

2. ADDRESS

3. DESCRIPTION OF LOAD

4. SERIAL NUMBER ON LOAD

5. LICENSE NUMBER OF VEHICLE AND TRAILER

6. YEAR, MAKE, MODEL AND FULL VIN ON VEHICLE AND TRAILER

STATE IN WHICH VEHICLE IS REGISTERED

8. TOTAL NUMBER OF AXLES AND SPACINGS BETWEEN AXLES

9. GROSS WEIGHT

10. STEERING AXLE WEIGHT AND RATING AND EACH AXLE WEIGHT

11. MAXIMUM WIDTH

12. MAXIMUM LENGTH

13. MAXIMUM HEIGHT

14. FRONT OVERHANG

15. ORIGIN (within Arkansas)

16. DESTINATION (within Arkansas)

17. HIGHWAY NUMBERS OVER WHICH MOVEMENT IS REQUIRED

18. DATES MOVEMENT REQUESTED

19. NUMBER OF ESCORTS

20. OTHER INFORMATION AS MAY BE REQUIRED

APPENDIX 3

OVERWEIGHT FEE CHART

Pursuant to Arkansas Code Annotated § 27-35-210, a charge of seventeen dollars ($17) shall be made for each permit. In addition, for each ton or major fraction thereof to be hauled in excess of the lawful weight and load for that vehicle, or combination of vehicles, charges shall be made for such as follows:

| Mileage to be traveled: | Charge on Each Ton, Per Ton, or Fraction Thereof | | --- | --- | | 100 Miles or Less....................... | .................. $8.00 | | 101 to 150, inclusive....................... | .................. $10.00 | | 151 to 200, inclusive....................... | .................. $12.00 | | 201 to 250, inclusive....................... | .................. $14.00 | | 251 miles or more....................... | .................. $16.00 |

OVERWEIGHT FEE CHART / MOBILE CONSTRUCTION VEHICLES AND EQUIPMENT

Pursuant to Arkansas Code Annotated § 27-35-210, a charge of seventeen dollars ($17) shall be made for each permit. In addition, for each ton or major fraction thereof to be hauled in excess of the lawful weight and load for mobile construction vehicles and equipment, charges shall be made for such as follows:

| Mileage to be traveled: | Charge on First 5 Tons, Per Ton, or Fraction Thereof | Charge on Next 5 Tons, Per Ton, or Fraction Thereof | Charge on Additional Tonnage, Per Ton, or Fraction Thereof | | --- | --- | --- | --- | | 100 Miles or Less......... | ...........$1.25............ | ............$2.50........... | .............$3.75 | | 101 to 150, inclusive..... | ..........$2.00............. | ...........$3.50............ | ............$5.00 | | 151 to 200, inclusive..... | ..........$2.50............. | ...........$4.50............ | ............$6.25 | | 201 to 250, inclusive..... | ..........$3.25............. | ...........$5.50............ | ............$7.50 | | 251 miles or more........ | ...........$3.75............. | ............$6.25............ | .............$8.75 |

APPENDIX 4

ARKANSAS HIGHWAY POLICE WEIGH STATIONS

Station, Physical Location,

Mailing Address, Telephone

| Alma Interstate 40 West, (9 mm) PO Box 392, Van Buren, AR 72956 | Eastbound (479) 474-6074 or (479) 474-5355 Westbound (479) 471-8117 or (479) 471-8930 Eastbound Fax (479) 474-7897 | | --- | --- | | Ashdown Highway 71 PO Box 126, Ogden, AR 71853 | (870) 898-3932 or (870) 898-3942 Fax (870) 898-2172 | | Bridgeport Interstate 55 North, (1 mm) PO Box 341, Marion, AR 72364 | (870) 732-2714 or (870) 732-2724 Fax (870) 733-9670 | | Fayetteville Interstate 49, (71 mm) PO Box 6633, Springdale, AR 72766 | Southbound (479) 756-5831 Northbound (479) 756-5832 Southbound Fax (479) 756-5394 | | Hope Interstate 30 West, (26 mm) PO Box 474, Hope, AR 71802 | Eastbound (870) 777-4540 or (870) 777-2163 Westbound (870) 777-1946 or (870) 777-2430 Eastbound Fax (870) 777-1686 | | Lehi Interstate 40 East, (274 mm) PO Box 2126, West Memphis, AR 72303 | Eastbound (870) 735-1162 or (870) 735-1295 Fax (870) 732-4420 | | Marion Interstate 55 South, (9 mm) PO Box 341, Marion, AR 72364 | (870) 735-2266 or (870) 735-2398 Fax (870) 735-5024 | | Riverside Interstate 40 West, (283 mm) PO Box 2126, West Memphis, AR 72303 | (870) 735-3936 or (870) 735-4448 Fax (870) 735-6025 |

APPENDIX 5

Examples of Axle Configurations

Click here to view image

APPENDIX 6

Federal Bridge Formula

The Federal Bridge Formula is used to determine the maximum gross vehicle weights, and maximum weights of axle groups allowed on Arkansas Highways.

Click here to view image

Bridge Formula: W = 500 x [LN / (N-1) = 12N + 36

W = maximum allowed weight obtained from computation of above formula.

L = the length, measured from the centers of the axles, between any axle grouping.

N = the number of axles in the group being measured.

W = the length multiplied by the number of axles; then divide that answer by the number which equals the number of axles in the group being measured minus one (1); then add the number resulting from multipling the number of axles being meausred by 12; then add 36 to that answer; then multiply that times 500.

To comply with the "bridge formula," a truck must meet the weights listed in table above on ALL axle measurements. This means that it must meet the weights listed for these measurements (by axle number);

| #1 axle to #2 axle | #2 axle to #3 axle | #3 axle to #4 axle | #4 axle to #5 axle | | --- | --- | --- | --- | | #1 axle to #3 axle | #2 axle to #4 axle | #3 axle to #5 axle | | | #1 axle to #4 axle | #2 axle to #5 axle | | | | #1 axle to #5 axle | | | |

To be considered a tandem grouping, the two axles must be spaced 40 or more inches apart and no more than 96 inches apart.

APPENDIX 7

Federal Bridge Formula Table

Click here to view image

APPENDIX 8

ARKANSAS HIGHWAY & TRANSPORTATION DEPARTMENT DISTRICT DIRECTORY

| DISTRICT #1 | WYNNE ............................................................................................... 2701 Hwy 64 West; P.O. Box 278; Wynne 72396 | . (870) 238-8144 | | --- | --- | --- | | DISTRICT #2 | PINE BLUFF ...................................................................................... 4900 U.S. 65 South; P.O. Box 6836; Pine Bluff 71611 | (870) 534-1612 | | DISTRICT #3 | HOPE ................................................................................................... 2911 Hwy 29 North; P.O. Box 490; Hope 71801 | (870) 777-3457 | | DISTRICT #4 | FORT SMITH ..................................................................................... 4019 Towson Ave; P.O. Box 1424; Fort Smith 72902 | (479) 646-5501 | | DISTRICT #5 | BATESVILLE ..................................................................................... Hwy 167 South; P.O. Box 2376; Batesville 72501 | , (870) 251-2374 | | DISTRICT #6 | LITTLE ROCK ................................................................................... 8900 Mabelvale Pike; P.O. Box 190296; Little Rock 72219 | , (501) 569-2266 | | DISTRICT #7 | CAMDEN ............................................................................................. 2245 California Avenue; P.O. Box 897; Camden 71701 | (870) 836-6401 | | DISTRICT #8 | RUSSELLVILLE ................................................................................ 372 Aspen Lane; P. O. Box 70; Russellville 72811 | (479) 968-2286 | | DISTRICT #9 | HARRISON ......................................................................................... 4590 Hwy 65 South; P.O. Box 610; Harrison 72602 | (870) 743-2100 | | DISTRICT #10 | PARAGOULD ..................................................................................... 2510 Hwy 412 West; P.O. Box 98; Paragould 72451 | (870)239-9511 |

History

• 11/13/2014

001.00.16 Ark. Code R. 001 Proposed Rules for Design-Build Contracts

SECTION 1

Regulatory Authority

1.1 The Arkansas State Highway Commission's authority for promulgating these rules is pursuant to Ark. Code Ann. § 27-65-107 and § 27-67-206.

1.2 These rules shall be known as the Arkansas State Highway and Transportation Department Rules for Design-Build Contracts.

SECTION 2

Purpose

2.1 These rules describe the Arkansas State Highway Commission's procedures and regulations for the procurement of:

2.1.1 Qualification-based, design-build services and for administering design-build project contracts;

2.1.2 Qualification-based, design-build-finance services and for administering a design-build finance project contract; and

2.1.3 An agreement for concession.

SECTION 3

Definitions

3.1 Authorized entity - means a company, firm, partnership, corporation, association, joint venture, or other legal entity, including a combination of any of these entities, that has submitted a Statement of Qualifications (SOQ) and has been selected to provide a response to the Request for Proposal (RFP).

3.2 Best Value (BV) - is defined as the best Adjusted Price represented by the submitted Design-Build Proposals, as determined by the Department, at the completion of the proposal evaluation period,

3.3 Commission - means the Arkansas State Highway Commission,

3.4 Concession - means a lease, franchise, easement, permit, or other binding agreement transferring rights for the use or control of a transportation facility by the Commission to a private partner under this subsection.

3.5 Department - refers to the Arkansas State Highway and Transportation Department.

3.6 Design-Build - is a qualification-based project delivery method in which design, construction, and other related services are contracted to a single entity known as the Design-Builder through a Design-Build Contract. Design-build-finance has been recognized in Ark. Code Ann. § 27-67-206 as a type of Design-Build that includes a financial services component and encompasses design-build-maintain, design-build-operate and other contracts that include financial services in addition to design and construction, including project financing, at-risk equity investment, operations, and/or maintenance of the project.

3.7 Design-Build Contract - means an agreement that provides for design and construction of improvements by a contractor or developer. The term refers to the entirety of the agreement between the Department and the Design-Builder to deliver the project, including the signed and executed agreement, all exhibits, appendices, completed forms, and general and technical provisions, along with the Design-Build Proposal provided by the Design-Builder prior to selection which cumulatively represent the complete agreement between the parties. Concession agreements are included in the term if it provides for a concessionaire to develop the project which is the subject of the agreement.

3.8 Design-Builder - refers to the Short-List Proposer selected at the completion of the RFP phase of the Procurement Process which will be offered the opportunity to enter into the Design-Build Contract with the Department for the project. The Design-Builder may be comprised of any company, firm, partnership, corporation, association, joint-venture, or other legal entity as appropriate, pursuant to the laws of the State of Arkansas.

3.9 Design-Build Proposal - means the document submitted by the Proposer to the Department in response to the RFP.

3.10 Proposer - refers to an organization that completes all the requirements of the Request for Qualifications (RFQ) and submits a Statement of Qualifications (SOQ) to the Department in response to the Request for Qualifications. The Proposer may consist of a single firm but normally consists of a collection of firms which have organized together to pursue the project.

3.11 Request for Proposals (RFP) - means the document issued by the owner in Phase I of the two-phased qualifications-based selection process. It forms the basis for the Design-Build Proposal and may potentially become an element in the contract.

3.12 Request for Qualification (RFQ) - means the document issued by the owner in Phase I of the two-phased qualifications-based selection process. It typically describes the project in enough detail to let potential offerors determine if they wish to compete and forms the basis for requesting qualifications submissions from which the most highly qualified offerors can be identified.

3.13 Short-List Proposer - refers to a proposer who has been selected at the end of the Statement of Qualifications evaluation process as among the most highly qualified respondents to the RFQ. A Short-List Proposer will subsequently be invited to submit a Design-Build Proposal in response to the RFP released by the Department.

3.14 Solicitation - means a public notification of an owner's need for information, qualifications, or proposals related to identified services.

3.15 State highway revenues - means highway revenues as defined under § 27-70-202.

3.16 Statement of Qualifications - (SOQ) -refers to the document(s) prepared by the Proposer and submitted to the Department in response to the Request for Qualifications. It provides the Proposer qualifications and experience relative to performing the Project Work as presented in the Request for Qualifications.

SECTION 4

Federal Aid

4.1 All Federal-aid Design-Build projects within the highway right- of-way or linked to a Federal-aid highway project (i.e., the project would not exist without another Federal-aid highway project) are also subject to Title 23 of the Code of Federal Regulations, section 636, regulations which are incorporated herein by reference.

4.2 If the project is not connected in any way to a Federal-aid highway project or is not receiving federal-aid funds, these provisions may not apply.

SECTION 5

Optional Use of Design-Build

5.1 The use of the Design-Build method is solely at the discretion of the Commission and the final determination of whether a project is selected by the Department for utilization of Design-Build methodology is the responsibility of the Commission.

5.2 Potential Design-Build projects may be proposed by Department staff for consideration by the Director.

SECTION 6

Guidelines and Procedures

6.1 The Commission authorizes the Department to develop Design-Build guidelines and procedures which outline the technical details and requirements of the Design-Build procurement process.

SECTION 7

Design-Build Project Procurement Process

7.1 The Department is authorized to utilize a two-step process during the procurement phase of a Design-Build Project. The Department is not required to follow a two-step process. If the two-step process is utilized the Department shall:

7.1.1 Solicit potential proposers by releasing a RFQ leading to submission of a SOQ by the Proposer and the selection of Short-List Proposers.

7.1.2 Release a detailed RFP to allow Short-List Proposers to respond with a Design-Build Proposal in accordance with the RFP.

7.1.3 Make a final selection of the Design-Builder which offers the Best Value solution for the Project based upon the criteria for each individual project.

7.2 Confidentiality

7.2.1 The Procurement process, requisite evaluations and selection is a very competitive process.

7.2.2 The Department has the obligation to keep certain Proposer information confidential through the procurement and selection process.

7.2.3 The information of unsuccessful Proposers should remain confidential unless otherwise required for release pursuant to statute, court order or some other requirement.

7.2.4 Some portions of the selected Design-Builder's information may be proprietary and not subject to release under the Arkansas Freedom of Information Act.

7.3 Request for Qualifications

7.3.1 Requests for Qualifications (RFQ) shall be project specific and shall be developed by the Department.

7.3.2 The RFQ should describe the project and scope of work and may include other requirements and/or criteria to allow a Proposer to determine their interest in the Design-Build Project. At a minimum, the RFQ shall include:

7.3.2.1 Well-defined requirements that will ensure an equitable and fair comparison.

7.3.2.2 Clearly defined requirements for technical expertise and/or values that are important for the Project.

7.3.2.3 The Evaluation Scoring Criteria for the SOQ including well defined requirements for obtaining the maximum score.

7.3.3 Additional requirements for the RFQ may be included in the Design-Build Guidelines and Procedures.

7.4 Statement of Quahfications

7.4.1 The requirements for the SOQ are project specific and will be developed by the Department on an individual project basis.

7.4.2 The SOQ is the document submitted by a Proposer that will provide the qualifications and experience of the Proposer relative to the Project Scope as presented in the RFQ.

7.4.3 Additional requirements for the SOQ may be included in the Design-Build Guidelines and Procedures.

7.5 Request for Proposals

7.5.1 Requests for Proposals (RFP) shall be project specific and shall be developed by the Department.

7.5.2 The RFP will be comprised of a compilation of documents which define the project components including Project Design Criteria (PDC).

7.5.3 The RFP describes the Project, the requirements for submitting a proposal, the selection process, the evaluation criteria, the technical requirements for designing and constructing the Project, and the various documents required to establish the Proposer's plans and abilities to perform and manage the Project. At a minimum the RFP shall include:

7.5.3.1 Instructions to Proposers containing well- defined requirements of the Proposal.

7.5.3.2 Technical Provisions clearly defining the project's scope, technical requirements, and specifications.

7.5.3.3 Reference material that may be necessary to prepare a complete response to the RFP.

7.5.3.4 The Evaluation Criteria for the Proposal including well defined requirements for obtaining the maximum score.

7.5.4 Additional requirements for the RFP may be included in the Design-Build Guidelines and Procedures.

7.6 Selection

7.6.1 The goal of the procurement process is to select the proposal that represents the best value for the project.

7.6.1.1 The Best Value approach to contract award selects the proposal in which the combination of technical, quality, operating and pricing factors most closely meet or exceed the Department's requirements.

7.6.1.2 The criteria for determining the Best Value for a project will be detailed in the project specific RFP as criteria will vary from project to project.

7.7 Design-Build Project Administration

7.7.1 After selection of a Design-Builder and execution of the Design-Build Contract, the Department takes on the responsibilities as set out and described in the Design-Build Contract.

7.7.2 The administration process of a Design-Build Contract may be pursuant to the guidelines developed by the Department or as directed on a project by project basis.

SECTION 8

Exclusive Jurisdiction

8.0 The Commission has exclusive authority to determine those projects that will use the Design-Build method.

History

• 9/23/2016

001.00.16 Ark. Code R. 002 Rules for Access Driveways to State Highways

SECTION 1

INSTRUCTIONS FOR SECURING AN ACCESS DRIVEWAY PERMIT

1. A request for a permit to construct any driveway or to reconstruct any existing driveway shall be made to the District Engineer. See page 11 for addresses of the District Offices.

2. A brief description of the proposed work shall be included in the request along with the location of the work. The name, address and telephone number of the Applicant shall also be included.

3. Upon receipt of this request, the District Engineer will arrange for a meeting of the Applicant with a representative from the District Office, at which time details of the proposed work will be discussed and the official access driveway permit forms will be prepared for processing.

The access driveway permit form along with any necessary drawings and Deposit or Bond, if required, shall be submitted to the District Engineer for approval.

5. Following approval of the permit, copies will be forwarded to the Applicant and the Area Maintenance Supervisor.

NO WORK SHALL BE UNDERTAKEN ON STATE HIGHWAY RIGHT-OF-WAY UNTIL THE PERMIT HAS BEEN ISSUED BY THE ENGINEER.

7. All access driveway permits will be issued using the Statewide Permit System.

8. Prior to issuing an access driveway permit, the District Engineer must check the Statewide Permit System for additional rules as required under the Access Management Agreement.

(a) If an Access Management Agreement is in place between the Department and the jurisdiction covering the location of the proposed work, the request for a permit shall include, in addition to the requirements set out in this Section, a copy of an approval or permit issued by the appropriate jurisdictional authority. Failure to provide a copy of the required approval or permit shall be grounds for denial.

(b) If an approval or permit issued by the appropriate jurisdictional authority is submitted with the request for permit under 9(a), the request and approval or permit will be reviewed to confirm that the request complies with the terms of the existing Access Management Agreement.

(a) A request for an Access Management Agreement shall be submitted to the Department's Division Head for Transportation Planning and Policy. To be considered the request must be accompanied by documentation establishing a formal adoption of the proposed Agreement by the governing body of all jurisdictions affected by the proposed Agreement.

(b) The proposal will be reviewed and either submitted to the Arkansas Highway Commission for adoption and authorization to enter into the Agreement, or returned for modification. If returned for modification, any subsequent request must be accompanied by documentation establishing a formal adoption of the revised Agreement by the governing body of all jurisdictions affected by the proposed Agreement. No Agreement will be considered effective until adopted by the Commission and signed by the Department.

SECTION 2

APPEAL PROCESS

2.0 GENERAL PROCEDURES

If an Applicant is denied a permit, he or she may file a written appeal with the District Engineer within sixty (60) days from the notice of denial requesting an administrative hearing in accordance with Ark. Code Ann. § 25-15-201 et seq . of the Arkansas Administrative Procedure Act ("APA"). All hearings shall be presided over by the Director or Director's designated Administrative Hearing Officer at the Department's Central Offices, located in Little Rock, and shall be conducted in an orderly manner.

The appellant shall have the right to appear in person at the hearing, to be represented by counsel, to have an interpreter, to present such documentary, oral or other evidence as he or she may have in support of his or her position, to cross-examine witnesses, and to present argument on all issues involved. The appellant shall also have the right to inspect and copy all records, except for those specifically exempt from disclosure under the Arkansas Freedom of Information Act, relevant to his or her appeal. The Department may impose costs of actual reproduction, copies, and reasonable conditions on the appellant's right to inspect, consistent with applicable laws.

2.1 Notice Requirements

The appellant shall be given written notice of a hearing within ten (10) business days from the date of appeal and such notice will include the following:

2.1.1 A statement of the time, place, and nature of the hearing;

2.1.2 A statement of the legal authority and jurisdiction under which the hearing is to be held; and

2.1.3 A short and plain statement of the matters of fact and law asserted.

2.2 Conduct of Hearing

2.2.1 The Hearing Officer is responsible for conducting the hearing in accordance with the APA and all other applicable laws, including but not limited to, the Arkansas Rules of Civil Procedure regarding any discovery. The duties of the Hearing Officer include maintaining the decorum of the hearing and may refuse to admit, or may expel, anyone whose conduct is disorderly. He or she is also charged with administering oaths or affirmations of witnesses, ruling on motions and objections, and admitting or denying evidence into the record.

2.2.2 The hearing is a proceeding open to the public subject to state and federal confidentiality laws and rules. An appellant may waive his or her right to confidentiality, but may not waive another's right to confidentiality.

2.2.3 The hearing shall be recorded by a Commission appointed court reporter. If the decision of the Hearing Officer is appealed, the Department will prepare a transcript or cause a transcript to be prepared for filing in the circuit court as provided in Ark. Code Ann. § 25-15-212.

2.3 Rendering of Decisions

2.3.1 In rendering a decision to affirm or reverse the District Engineer's decision, the Hearing Officer shall review the evidence, testimony, documents, and any other matters presented at the hearing and thereafter render a decision.

2.3.2 The decision of the Hearing Officer shall be reduced to a final Order containing findings of fact and conclusions of law, separately stated, in accordance with Ark. Code Ann. § 25-15-210(b)(2). Findings of fact shall be based exclusively on the evidence and on matters officially noticed.

2.3.3 The Parties shall be served either personally or by mail with a copy of the Order.

2.3.4 Any Order of the Hearing Officer shall constitute the final agency determination for purposes of judicial review under Ark. Code Ann. § 25-15-212.

2.4 Judicial Review

2.4.1 In accordance with the APA, the appellant shall be advised in writing of his or her rights to seek judicial review of an adverse decision by filing a petition in circuit court within thirty (30) days after service of the Order.

2.4.2 Upon proper service of a petition for appeal, the Department shall have thirty (30) days to prepare and transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under review.

2.4.3 In accordance with the APA, the cost of the preparation of the record shall be borne by the Department. However, the Department shall be entitled to recover from the appellant the actual cost of reproducing each copy of the transcript if it is the prevailing party.

SECTION 3

ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT

DISTRICT OFFICES

| DISTRICT ONE WYNNE | District Engineer 2701 U S 64 West P. 0. Box 278 Wynne, Arkansas 72396-0278 | 870-238-8144 | | --- | --- | --- | | DISTRICT TWO PINE BLUFF | District Engineer 4900 Highway 65 South P. 0. Box 6836 Pine Bluff, Arkansas 71611-6836 | 870-534-1612 | | DISTRICT THREE HOPE | District Engineer 2911 Highway 29 North P. 0. Box 490 Hope, Arkansas 71802-0490 | 870-777-3457 | | DISTRICT FOUR FORT SMITH | District Engineer 808 Frontier Road P.O. Box 11170 Fort Smith, Arkansas 72917-1170 | 479-646-5501 | | DISTRICT FIVE BATESVILLE | District Engineer 1673 Batesville Blvd. P. 0. Box 2376 Batesville, Arkansas 72503-2376 | 870-251-2374 | | DISTRICT SIX LITTLE ROCK | District Engineer 8900 Mabelvale Pike P. 0. Box 190296 Little Rock, Arkansas 72219-0296 | 501-569-2266 | | DISTRICT SEVEN CAMDEN | District Engineer 2245 California Ave. P. 0. Box 897 Camden, Arkansas 71711-0897 | 870-836-6401 | | DISTRICT EIGHT RUSSELLVILLE | District Engineer 372 Aspen Lane P. 0. Box 70 Russellville, Arkansas 72811-0070 | 479-968-2286 | | DISTRICT NINE HARRISON | District Engineer 4590 Highway 65 P. 0. Box 610 Harrison, Arkansas 72602-0610 | 870-743-2100 | | DISTRICT TEN PARAGOULD | District Engineer 2510 Highway 412 West P. 0. Box 98 Paragould, Arkansas 72451-0098 | 870-239-9511 |

SECTION 4

DISTRICT MAP

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SECTION 5

DEFINITIONS

When the following terms are used, including abbreviations or pronouns, the intent and meaning shall be interpreted as follows:

5.1 Administrative Procedure Act (APA) : The governing authority, as codified in Ark. Code Ann. § 25-15-201 et seq., for the adjudication of an administrative proceeding.

5.2 Appeal Process - A formal process provided for an Appellant to request, in writing, an administrative hearing pursuant to the APA.

5.3 Appellant : The Applicant seeking an appeal of the District Engineer's decision denying a request for a permit under these rules.

5.4 Applicant: The owner or duly authorized representative of the owner, i.e. contractor, consulting engineer or lessee. The person who has the legal right to possession and control of the property abutting the right-of-way and is in the process of securing an Access Driveway Permit from the Department.

5.5 Deposit or Bond: Security Deposit or right-of-way bond. An approved form of security guaranteeing the completion of the permit provisions and compliance with the Rules for Access Driveways to State Highways.

5.6 Commission: The Arkansas State Highway Commission.

5.7 Department: The Arkansas State Highway and Transportation Department.

5.8 Director : The Director of Highways and Transportation.

5.9 Engineer: The District Engineer, a professional engineer who is responsible for engineering supervision of the District and who is acting as the duly authorized representative of the Deputy Director and Chief Engineer.

5.10 Frontage: Frontage is that portion of the Permittee's property lying between the two most distant possible lines drawn perpendicular from the centerline of the highway to the Permittee's abutting property.

5.11 Hearing Officer - A Department employee who is appointed by the Director as the designee to preside over the appeal hearing.

5.12 MUTCD: The Manual on Uniform Traffic Control Devices for Streets and Highways.

5.13 Order - A final agency determination that may be appealed to a circuit court under the APA.

5.14 Permittee: The owner, lessee or duly authorized agent. The person who is responsible for compliance with the permit provisions.

5.15 Permit: Access Driveway Permit. A duly executed agreement granting permission to construct, make dimensional changes or relocate an access driveway pursuant to the Rules for Access Driveways to State Highways.

5.16 Safety Zone: All parts of the highway right-of-way between the curb or shoulder line and the right-of-way line along the Permittee's property frontage, except the areas contained in the access driveway, shall be a Safety Zone.

5.17 Special Permit: A Special Permit is issued for work on Arkansas State Highway & Transportation Department right-of-way that is not an access driveway. Special Permits will be issued through the Statewide Permit System.

SECTION 6

REQUIREMENTS FOR COMMERCIAL DRIVEWAYS

6.1 GENERAL

6.1.1 A Commercial Driveway is defined as access to and from any commercial business, housing subdivision or public establishment adjoining a State Highway.

6.1.2 A permit shall be obtained from the Department for all access driveways on State Highways. Within incorporated cities or counties, it will be necessary for the Applicant to satisfy the requirements of the city and/or county to obtain a permit from the Department. The city's or county's requirements must meet or exceed the requirements of this manual.

NO WORK SHALL BE UNDERTAKEN ON STATE HIGHWAY RIGHT-OF-WAY UNTIL THE PERMIT HAS BEEN ISSUED BY THE ENGINEER.

6.1.3 The Permittee shall fully protect the traffic on the highway during construction covered hereunder by proper traffic control devices in accordance with the Manual on Uniform Traffic Control Devices, and hold harmless the Commission, the Department, and its duly appointed agents, officers and employees, from all damages, expenses, claims or liability arising out of any alleged damages of any nature to any person or property due to the construction, performance or non-performance of work or existence of a driveway.

6.1.4 The Permittee shall not erect any sign, flag, or other identifying marker, for the purpose of attracting attention to the site, either fixed or moveable, on or extending over any portion of the highway right-of-way. Anyone erecting such sign, flag or identifying marker is in violation of Ark. Code Ann. § 27-67-304.

6.1.5 The Permittee shall maintain all existing highway, street, and county road regulatory, warning, guide and informational signs in an effective location at all times for the duration of the work and shall install them at the correct location upon completion of the work. Any signs damaged by the Permittee shall be replaced at no cost to the Department.

6.1.6 Applications for permits shall be made by the owner or duly authorized representative of the owner, i.e. contractor, consulting engineer or lessee, who shall represent all parties' interests. Such permits shall be only for the bona fide purpose of constructing or modifying access to the property and not for the purpose of parking, servicing, or loading and unloading vehicles on the State Highway right-of-way.

6.1.7 Permits for initial construction or for modification of commercial driveways shall have a Deposit or Bond in the amount of a minimum of $1,000.00 per driveway. Deposits or Bonds may be waived on permits for governmental entities. The Deposit or Bond will be refunded upon satisfactory completion of the work covered by the permit.

6.1.8 Commercial driveway permits will have an expiration date of one year from date of issue. If no work has begun at the expiration date, the permit may be revoked and the deposit returned.

6.1.9 At the expiration date, if the work has not been completed in accordance with the permit, the Permittee will be notified by certified mail, with an explanation of non-compliance. If the driveway does not comply in 30 days, the permit will be revoked, the Deposit or Bond forfeited.

6.1.10 The Permittee may elect to apply for a new permit. If a new permit is issued, the original permit will be revoked and a new permit issued with a minimum of twice the original Deposit or Bond.

6.1.11 The Engineer may grant written extensions up to 6 months to those in non-compliance for a reasonable period as he or she deems necessary, based on the showing of good cause by the Permittee, but for no longer than 6 months.

6.2 DESIGN

6.2 GENERAL

6.2.1 All parts of access driveways on highway right-of-way shall be confined within the Permittee's property frontage.

6.2.2 No changes to partial or fully controlled access facilities will be considered except by written authorization of the Department's Deputy Director and Chief Engineer.

6.2.3 All parts of any access driveway, including the radii, shall be a minimum of 10 feet inside the adjoining property frontage in rural locations and shall be a minimum of 5 feet in urban locations, except as provided in Section 6.9.

6.2.4 On all paved highways, commercial drives shall be surfaced from the normal edge of pavement to a minimum distance of 20 feet or to the right-of way line, whichever is less, with concrete or asphalt surfacing.

6.3 LOCATION

6.3.1 Access driveways shall be located to provide adequate sight distances and safety for highway users. If adequate sight distance cannot be provided, some movements at the driveway may be prohibited or access denied.

6.3.2 Frontages of 50 feet or less shall be limited to one driveway. Normally, no more than two driveways shall be allowed for any single property tract or business establishment. An exception may be made when the frontage approaches 600 feet, if approved by the Engineer.

6.4 INTERSECTIONS

6.4.1 At any intersection of a State Highway with another highway, road, or street, access driveways shall be prohibited for a sufficient distance from the intersection to preserve the normal and safe movement of traffic through it, and the distance shall be not less than the intersecting street return radius.

6.5 GEOMETRICS

6.5.1 Radii for all commercial access driveways in urban areas shall be not less than 5 feet and in rural areas the radii shall be not less than 10 feet, except as provided in Section 6.9.

6.5.2 The width of access driveways shall not exceed 40 feet measured at right angles to the centerline of the driveway, except as increased by permissible radii or as provided in Section 6.9. The minimum width shall be 15 feet on a one-way drive and shall be 24 feet on a two-way drive.

6.5.3 The angle of access driveways from the pavement shall generally be 60 degrees to 90 degrees.

6.5.4 The distance from the right-of-way line to the near edge of service pumps, vendor stands, tanks, or water hydrants shall be a minimum of 15 feet. To permit free movement of large vehicles and, in certain instances, to insure that they be entirely off highway right-of-way while being serviced, a greater distance is recommended.

6.6 DRAINAGE

6.6.1 Drainage in highway side ditches shall not be altered or impeded. When drainage structures are required, the size of the opening, the length and the other design features shall be approved by the Engineer, and in all cases the structure shall be no smaller than an 18 inches diameter or equivalent pipe culvert. Pipe culverts shall be corrugated metal, reinforced concrete pipe or other Department approved pipe, a minimum of 24 feet in length and shall have no hazardous headwalls or other hazards constructed upon it. Pipe installation in excess of 100 feet will require drop inlet or other cleanout provisions. The owner may be required to provide a drainage study. No driveways shall be constructed with swale type ditches for drainage unless there is no other alternative and an exception is approved by the Engineer.

6.7 PROFILE GRADE

6.7.1 The grade of the driveway shall be so constructed as to conform to the slope of the roadway shoulder from the edge of the traveled lane to the edge of the shoulder. Preferably, the profile grade of the driveway shall be constructed so the water will not drain onto the traveled surface.

6.8 SAFETY ZONES

6.8.1 All parts of the highway right-of-way between the curb or shoulder line and the right-of-way line along the Permittee's property frontage, except the areas contained in the access driveway, shall be a Safety Zone. Generally, the Safety Zone between driveways should be a minimum of one-third the length of the property frontage but not less than 25 feet in length except as provided in Section 6.9. Curbs and/or islands shall be installed by the Permittee as may be necessary to prohibit vehicle parking and access in Safety Zones. Curbs shall be asphalt or concrete not less than 6 inches and no more than 12 inches in height. The curb nearest the traveled lanes shall be aligned with existing curbs or shoulder lines but not less than 4 feet from the travel lane. The Engineer may require a greater distance when it is necessary to preserve the safety and utility of the highway or to conform to proposed improvements.

6.8.2 The Safety Zone may be filled, provided the drainage structure underneath the fill is adequate to carry the design flow of water in the highway side ditches, and in no case less than the size of the structure required for the driveway.

6.9 EXCEPTIONS

6.9.1 The Engineer may authorize or require changes in the design when necessary to preserve the normal and safe movement of traffic or to permit reasonable access. In consideration of type, speed, and volume of highway traffic and access driveway traffic, larger radii than the minimum may be required. When physical factors make it impractical to obtain reasonable access within these requirements, appropriate variations may be authorized, provided that in all cases radii are confined to the Permittee's property frontage and are not less than 2-1/2 feet, the island between driveways is not less than 10 feet long, and the driveway widths do not exceed 48 feet.

6.10 CONSTRUCTION

6.10.1 The Permittee shall furnish and install all materials, including fill material, surfacing and drainage structures. All materials used must comply with the requirements contained in this manual and/or specified by the Engineer. The Permittee shall perform all work in connection with the construction of access driveways and their appurtenances on the right-of-way. However, the Department may assist by establishing flow line grades for drainage structures and finish grades for driveway surfaces or such other comparable assistance, which the Engineer may agree to perform.

6.11 MAINTENANCE

6.11.1 The Department will provide routine maintenance shoulder width, or a minimum of 4 feet adjacent to the edge of the travel lane, across commercial drives. The Permittee shall make provisions for the removal of any debris such as mud, tree limbs, bark, etc. resulting from operations from the roadway surface. Any time a hazard is created, the correction of the hazardous condition must be made immediately.

6.11.2 Any maintenance or improvement to the surfacing or drainage structure of a commercial driveway will be the responsibility of the Permittee, ANY DIMENSIONAL CHANGE OR RELOCATION OF THE DRIVEWAY WILL REQUIRE AN APPROVED PERMIT FROM THE DEPARTMENT. This includes any driveway approach or other improvement constructed on the right-of-way.

6.11.3 The Department reserves the right to inspect driveways at all times and to require such maintenance and repairs as may, at any time, be considered necessary. If the driveway is not properly maintained by the Permittee and becomes a hazard, it will be removed.

SECTION 7

REQUIREMENTS FOR NON-COMMERCIAL DRIVEWAYS

7.1 GENERAL

7.1.1 Non-commercial driveways are defined as driveways adjoining a State Highway to provide entrance to and/or exit from private property for the exclusive use and benefit of the owner or lessee, and driveways for farms or ranches, churches, schools, non-commercial cemeteries and other noncommercial public access.

7.1.2 A permit shall be obtained from the Department for all non-commercial access driveways on State Highways. Within incorporated cities it will be necessary for the Applicant to satisfy the requirements of the city and to obtain a permit from the Department. The city's requirements must meet or exceed the requirements of this manual.

NO WORK SHALL BE UNDERTAKEN ON STATE HIGHWAY RIGHT-OF-WAY UNTIL THE PERMIT HAS BEEN ISSUED BY THE ENGINEER.

7.1.3 The Permittee shall fully protect the traffic on the highway during construction covered hereunder by proper traffic control devices in accordance with the Manual on Uniform Traffic Control Devices, and to hold harmless the Commission, the Department, and its duly appointed agents, officers and employees, from all damages, expenses, claims or liability arising out of any alleged damages of any nature to any person or property due to the construction, performance or non-performance of work or existence of a driveway.

7.1.4 The Permittee shall not erect any sign, flag or other identifying marker, for the purpose of attracting attention to the site, either fixed or moveable, on or extending over any portion of the highway right-of-way. Anyone erecting such sign, flag or identifying marker is in violation of Ark. Code Ann. § 27-67-304.

7.1.5 The Permittee shall maintain all existing highway, street, and county road regulatory, warning, guide and informational signs in an effective location at all times for the duration of the work and shall install them at the correct location upon completion of the work. Any signs damaged by the Permittee shall be replaced at no cost to the Department.

7.1.6 Applications for permits shall be made by the owner or duly authorized representative of the owner, i.e. contractor, consulting engineer or lessee, who shall have the authority to represent all parties' interests. Such permits shall be only for the bona fide purpose of constructing or modifying access to the property and not for the purpose of parking, servicing or loading and unloading vehicles on the State Highway right-of-way.

7.1.7 Permits for non-commercial driveways will not require a bond. When requests are made for more than one non-commercial driveway, a bond may be required.

7.1.8 Non-commercial driveway permits will have an expiration date of one year from date of issue. If no work has begun at the expiration date, the permit may be revoked and any bond returned.

7.1.9 At the expiration date, if the work has not been completed in accordance with the permit, the Permittee will be notified by certified mail, with an explanation of non-compliance. If the driveway does not comply in 30 days, the permit will be revoked.

7.1.10 The Permittee may elect to apply for a new permit. If a new permit is issued, the original permit will be revoked and a new permit issued.

7.1.11 The Engineer may grant written extensions up to 6 months to those in non-compliance for a reasonable period as he deems necessary, based on the showing of good cause by the Permittee, but for no longer than 6 months.

7.2 DESIGN

7.2 GENERAL

7.2.1 All parts of access driveways on highway right-of-way shall be confined within the Permittee's property frontage.

7.2.2 No changes to partial or fully controlled access facilities will be considered except by written authorization of the Department's Deputy Director and Chief Engineer.

7.2.3 All parts of any access driveway, including the radii, shall be a minimum of 10 feet inside the adjoining property frontage in rural locations and shall be a minimum of 5 feet in urban locations, except as provided in Section 7.9.

7.2.4 Access driveways located on curbed highways must be constructed in accordance with Standard Drawing DR-1 as shown on page 42.

7.3 LOCATION

7.3.1 Access driveways shall be located to provide adequate sight distances and safety for highway users. If adequate sight distance cannot be provided, some movements at the driveway may be prohibited or access denied.

7.3.2 Frontages of 50 feet or less shall be limited to one driveway. Normally, no more than two driveways shall be allowed for any property. An exception may be made when the frontage approaches 600 feet, if approved by the Engineer.

7.4 INTERSECTIONS

7.4.1 At any intersection of a State Highway with another highway, road or street, access driveways shall be prohibited for a sufficient distance from the intersection to preserve the normal and safe movement of traffic through it, and the distance shall be not less than the intersecting street return radius.

7.5 GEOMETRICS

7.5.1 Radii for all access driveways in urban areas shall be not less than 5 feet and in rural areas the radii shall be not less than 10 feet, except as provided in Section 7.9.

7.5.2 The width of access driveways shall not exceed 40 feet measured at right angles to the centerline of the driveway, except as increased by permissible radii or as provided in Section 7.9. The minimum width shall be 12 feet.

7.5.3 The angle of access driveways from the pavement shall generally be 60 degrees to 90 degrees.

7.6 DRAINAGE

7.6.1 Drainage in highway side ditches shall not be altered or impeded. When drainage structures are required, the size of the opening, the length and the other design features shall be approved by the Engineer, and in all cases the structure shall be no smaller than an 18 inches diameter or equivalent pipe culvert. Pipe culvert shall be corrugated metal, reinforced concrete pipe, or other Department approved pipe, a minimum of 20 feet in length and shall have no hazardous headwalls or other hazards constructed upon . No driveway shall be constructed with swale type ditches for drainage unless there is no other alternative and an exception is approved by the Engineer.

7.7 PROFILE GRADE

7.7.1 The grade on the driveway shall be constructed to conform to the slope of the roadway shoulder from the edge of the traveled lane to the edge of the shoulder. Preferably, the profile grade of the driveway shall be constructed so the water will not drain onto the traveled surface.

7.8 SAFETY ZONES

7.8.1 All parts of the highway right-of-way between the curb or shoulder line and the right-of-way line along the Permittee's property frontage, except the areas contained in the access driveway, shall be a Safety Zone. Generally, the Safety Zone between driveways should be a minimum of one-third the length of the property frontage, but not less than 25 feet in length except as provided in Section 7.9.

7.9 EXCEPTIONS

7.9.1 The Engineer may authorize or require changes in the design when necessary to preserve the normal and safe movement of traffic and to permit reasonable access. In consideration of type, speed, volume of highway traffic and driveway traffic, larger radii and/or widths than the minimum may be required. When physical factors make it impractical to obtain reasonable access within these requirements, appropriate variations may be authorized, provided that in all cases radii are confined to the Permittee's property frontage and are not less than 21/2 feet. The District Engineer must approve exceptions to these rules.

7.10 CONSTRUCTION

7.10.1 The Permittee shall furnish and install all materials, including fill material, surfacing and drainage structures. All materials used must comply with the requirements contained in this manual and/or specified by the Engineer. The Permittee shall perform all work in connection with the construction of access driveways and their appurtenances on the right-of-way. However, the Department may assist by establishing flow line grades for drainage structures and finish grades for driveway surfaces or such other comparable assistance, which the Engineer may agree to perform.

7.11 MAINTENANCE

7.11.1 Non-commercial driveways will be maintained to the right-of-way line by the Department, ANY DIMENSIONAL CHANGE OR RELOCATION OF THE DRIVEWAY WILL REQUIRE AN APPROVED PERMIT FROM THE DEPARTMENT. This includes any driveway approach or other improvement constructed on the right-of-way.

SECTION 8

REQUIREMENTS FOR TEMPORARY DRIVEWAYS

8.1 GENERAL

8.1.1 A temporary driveway is defined as a driveway adjoining a State Highway to provide access for a duration of 120 days or less.

8.1.2 A permit shall be obtained from the Department for all temporary access driveways on State Highways. Within incorporated cities it will be necessary for the Applicant to satisfy the requirements of the city and to obtain a permit from the Department. The city's requirements must meet or exceed the requirements of this manual.

NO WORK SHALL BE UNDERTAKEN ON STATE HIGHWAY RIGHT-OF-WAY UNTIL THE PERMIT HAS BEEN ISSUED BY THE ENGINEER.

8.1.3 The Permittee shall fully protect the traffic on the highway during construction covered hereunder by proper traffic control devices in accordance with the Manual on Uniform Traffic Control Devices, and to hold harmless the Commission, the Department, and its duly appointed agents, officers and employees, from all damages, expenses, claims or liability arising out of any alleged damages of any nature to any person or property due to the construction, performance or non-performance of work or existence of a driveway.

8.1.4 The Permittee shall not erect any sign, flag or other identifying marker, for the purpose of attracting attention to the site, either fixed or moveable, on or extending over any portion of the highway right-of-way. Anyone erecting such sign, flag or identifying marker is in violation of Ark. Code Ann. § 27-67-304.

8.1.5 The Permittee shall maintain all existing highway, street, and county road regulatory, warning, guide and informational signs in an effective location at all times for the duration of the work and shall install them at the correct location upon completion of the work. Any signs damaged by the Permittee shall be replaced at no cost to the Department.

8.1.6 Applications for permits shall be made by the owner or duly authorized representative of the owner, i.e. contractor, consulting engineer or lessee, who shall represent all parties' interests. Such permits shall be only for the bona fide purpose of constructing or modifying access to the property and not for the purpose of parking, servicing or loading and unloading vehicles on the State Highway right-of-way.

8.1.7 Permits for temporary driveways shall have a Deposit or Bond in the amount of $1,000.00 per driveway. The Deposit or Bond will be refunded upon satisfactory completion of the work and restoration of the right-of-way to its original condition.

8.1.8 Temporary driveway permits will have an expiration date of a maximum of 120 days from the date of issue. When necessary, the Engineer may extend this at 60 day intervals, but not to exceed a total of 240 days.

8.2 DESIGN

8.2 GENERAL

8.2.1 All parts of temporary access driveways on highway right-of-way shall be confined within the Permittee's property frontage. Frontage is that portion of the Permittee's property lying between the two most distant possible lines drawn perpendicular from the centerline of the highway to the Permittee's abutting property.

8.2.2 No changes to partial or fully controlled access facilities will be considered except by written authorization of the Department's Deputy Director and Chief Engineer.

8.2.3 All parts of any temporary access driveway, including the radii, shall be a minimum of 10 feet inside the adjoining property frontage in rural locations and shall be a minimum of 5 feet in urban locations, except as provided in Section 8.9.

8.3 LOCATION

8.3.1 Temporary access driveways shall be located to provide adequate sight distances and safety for highway users. If adequate sight distance cannot be provided, some movements at the driveway may be prohibited or access denied.

8.3.2 Frontages of 50 feet or less shall be limited to one driveway. Normally, no more than two driveways shall be allowed for any single property tract or business establishment. An exception may be made when the frontage approaches 600 feet, if approved by the Engineer.

8.4 INTERSECTIONS

8.4.1 At any intersection of a State Highway with another highway, road or street, access driveways shall be prohibited for a sufficient distance from the intersection to preserve the normal and safe movement of traffic through it, and the distance shall be not less than the intersecting street return radius.

8.5 GEOMETRICS

8.5.1 Radii for all commercial access driveways in urban areas shall be not less than 5 feet and in rural areas the radii shall be not less than 10 feet, except as provided in Section 8.9.

8.5.2 The width of access driveways shall not exceed 40 feet measured at right angles to the centerline of the driveway, except as increased by permissible radii or as provided in Section 8.9. The minimum width shall be 15 feet on a one-way drive and shall be 24 feet on a two-way drive.

8.5.3 The angle of access driveways from the pavement shall generally be 60 degrees to 90 degrees.

8.6 DRAINAGE

8.6.1 Drainage in highway side ditches shall not be altered or impeded. During dry summer months when drainage is not a problem, temporary roadway ditch crossings may be made by using boards or poles for the original 120 day permit only. When board or pole crossings cause scour or create a hazard, they shall be immediately removed or reconstructed as required by the Engineer.

8.7 PROFILE GRADE

8.7.1 The profile grade on the driveway should be maintained so that water will not drain onto the traveled surface or cause damage to the right-of-way.

8.8 SAFETY ZONES

8.8.1 All parts of the highway right-of-way between the curb or shoulder line and the right-of-way line along the Permittee's property frontage, except the areas contained in the temporary access driveway, shall be a Safety Zone. Vehicle parking or access will not be permitted in a Safety Zone.

8.9 EXCEPTIONS

8.9.1 The Engineer may authorize or require changes in the design when necessary to preserve the normal and safe movement of traffic and to permit reasonable access. The Engineer must approve exceptions to these rules.

8.10 CONSTRUCTION

8.10.1 The Permittee shall furnish and install all materials, including fill material and drainage structure, if required. All materials used must comply with the requirements contained in this manual and/or specified by the Engineer. The Permittee shall perform all work in connection with the construction of access driveways and their appurtenances on the right-of-way and all work required to remove the driveway and restore the right-of-way to its original condition. However, the Department may assist by establishing flow line grades for drainage structures and finish grades for driveway surfaces or such other comparable assistance, which the Engineer may agree to perform.

8.11 MAINTENANCE

8.11.1 Any maintenance of the driveway will be the responsibility of the Permittee. The Permittee shall make provisions for removal from the highway any debris caused by the Permittee's operations. Provisions shall be made to remove such debris as mud, tree limbs, bark, etc. At any time a hazardous condition is created, correction of a hazardous condition must be made immediately.

SECTION 9

TYPICAL LAYOUTS

9.0 Drawing Numbers AD-1 through AD-5 illustrate the typical treatment which may be used on driveways.

9.1 The sketches contained in this manual illustrate the freedom of design permitted by these regulations which permit adequate access along with reasonable protection to the traveling public and patrons of roadside establishments. The Department does not design layouts for private property. However, these sketches are presented to illustrate the attractive and inviting appearance of such establishments when proper provisions are made for access.

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SECTION 10

FULLY CONTROLLED ACCESS HIGHWAYS

10.1 Drawing Numbers AD-6 and AD-7 illustrate the limits of development with respect to fully controlled access highway right-of-way.

10.2 Commercial areas may be developed along the cross roads adjacent to or near an interchange but beyond the limits of access control.

10.3 When frontage roads are constructed along a fully controlled access highway, access from adjacent property may be permitted as specified on heretofore.

10.4 When frontage roads are not constructed, access to a fully controlled access highway will NOT be permitted under any circumstances.

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SECTION 11

SAMPLE PERMIT

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SECTION 12

TRAFFIC CONTROL

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SECTION 13

STANDARD DRAWING DR-1

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History

• 11/2/2017

001.00.17 Ark. Code R. 001 Repeal of Restore Sign Visibility Policy (May 13, 2013)

History

• 6/15/2017

001.00.17 Ark. Code R. 002 Restore Sign Visibility Policy (RSVP)

VEGETATION MANAGEMENT AT OUTDOOR ADVERTISING SIGNS

1.0. PURPOSE

The purpose of this policy is to establish procedures whereby sign owners may obtain permits from the Arkansas State Highway and Transportation Department (AHTD) to restore the visibility to their signs from adjacent State Highways controlled pursuant to the Regulations for the Control of Outdoor Advertising.

2.0. DEFINITIONS

2.1. Certified Arborist is a specialist in the care and maintenance of trees who possesses an active Arborist Certificate from the International Society of Arboriculture.

2.2. Class A Permit is a permit for a sign that met all applicable laws and regulations at the time of issuance.

2.3. Class B Permit is a permit for a sign that met all applicable laws and regulations at the time of construction, but no longer complies with applicable laws and regulations, or a sign that existed prior to the adoption of the Regulations for Control of Outdoor Advertising. These signs were "grandfathered" in.

2.4. Conforming Sign is a lawfully erected sign that complies with all current local and State laws and regulations pertaining to the erection and maintenance of signs, regardless of whether the sign has a Class A or Class B permit. A conforming sign normally has a Class A permit.

2.5. Illegal Sign is a sign that was erected, or is being maintained, in violation of local or State law or regulations pertaining to the erection and maintenance of signs, and which does not qualify as a legal nonconforming sign.

2.6. Landscaping Mitigation is the planting of new vegetation to offset damage resulting from removal of existing vegetation, as it relates to erosion control or aesthetics. For example, removal of brush, honeysuckle, or thickets may result in slopes that will erode. AHTD may require the planting of grass or other ground cover to minimize damage.

2.7. Legal Nonconforming Sign is a lawfully erected sign that no longer complies with all current State laws and regulations pertaining to the erection and maintenance of signs, regardless of whether the sign has a Class A or Class B permit. A legal nonconforming sign normally has a Class B permit.

2.8. Off-premise Sign is a sign advertising those products or services not available at the sign site.

2.9. On-premise Sign is a sign advertising those products or services available at the sign site, including "for sale" or "for lease" signs located at the property they advertise.

2.10. Vegetation Control is the mowing, bush hogging, cutting, trimming, pruning, and/or selective removal of vegetation on State Highway rights of way.

3.0. POLICY

It is the policy of the AHTD to allow, by Restore Sign Visibility Policy (RSVP) permits, the mowing, bush hogging, cutting, trimming, pruning, and/or selective removal of vegetation on State Highway rights of way to restore the visibility of signs from State Highways where such visibility has been diminished from the original erection of the signs. This policy applies to the visibility of legal, off-premise signs, both conforming and nonconforming, and not to illegal signs. RSVP permits will not be issued in relation to illegal signs, for signs erected with limited visibility, or to sign owners with other illegal or abandoned signs.

3.1. RSVP permits authorize vegetation control only on that portion of State Highway right of way that abuts the tract of land on which the Permittee's sign is located and/or abuts tracts where owners agree to such control.

3.2. RSVP permits shall only be considered for legal, currently permitted signs that have had a valid permit for the last two (2) consecutive years.

3.3. RSVP permits must be obtained for each sign location at which vegetation control will occur and the RSVP permit will be tied to the relevant sign permit, and must be renewed in a four-year cycle in July of even numbered years.

3.4. The vegetation control area shall not exceed more than 500 feet as measured from the viewable face(s) of the advertising device. Permits will be issued based on 100 foot increments. The distance will be measured along the nearest edge of the pavement between the sign and the specified distance. Signs with back to back messages may be issued a permit for vegetation control for a total of 1,000 feet (500 feet in each direction), but under no circumstances will the designated area exceed 500 feet in one direction.

3.5. RSVP permits authorize vegetation control only in accordance with accepted landscaping and horticultural principles. All work will be performed in a professional manner, and cuttings and other debris are to be removed at the time the work is performed. Trees that cannot be mowed or bush hogged may be trimmed or pruned provided the work will not permanently damage or destroy the trees, or weaken the condition of the trees so that they are susceptible to disease or insect infestation. In these cases, mitigating landscaping may be required to compensate for the tree removal. In no case will historic trees, landmark trees, or trees of significant landscaping or aesthetic value be removed, including trees that were planted as a part of a public or private highway beautification or transportation enhancement project. RSVP permits may authorize the removal of dead, diseased, or any other trees designated by AHTD.

3.6. If a sign owner desires to restore visibility to a sign in front of an adjacent land owner not associated with the sign, written approval from the adjacent landowner must be obtained before an RSVP permit will be issued.

3.7. Access to sites adjacent to Interstate and other controlled access highways must be gained without using the main travelway of the highway. If access to the site is restricted by a fence, then a gate may be requested to provide access for right of way mowing only. Gates will only be permitted after the AHTD notifies the Federal Highway Administration and receives concurrence. Cutting fences and leaving openings is not allowed, nor is the destruction of AHTD fences. Any gate installed shall remain locked when the vegetation control activity is not underway. The gate shall not be used for routine billboard maintenance such as changing sign messages. When using gates for sign maintenance or roadway access, leaving the gate unlocked and unattended, or if AHTD fencing is damaged, will result in a $200 fine each time a gate is found unlocked and unattended or the fencing is found damaged and the company does not correct it within 24 hours of being notified by AHTD.

3.8. Vegetation control at legal, permitted signs will be allowed only at locations where the advertising sign installation preceded the obscuring growth. Vegetation control shall not be used to provide visibility where none existed at the time the sign was erected or where no visibility exists at a proposed sign location. Only minimum vegetation control necessary to retain visibility will be allowed.

3.9. Vegetation control will not be allowed at any legal signs that are within 500 feet of National Parks; State Parks; County Parks or City Parks; Wildlife Management Areas; or cemeteries.

3.10. The AHTD will grant an RSVP permit for a legal, nonconforming sign located within the city limits of a municipality when the sign meets all State requirements but has become nonconforming only because of city or county zoning or sign code changes since the erection of the sign.

3.11. At locations which have no State-erected barrier between the State Highway right of way and the adjacent property and where mowing has previously been allowed by business owners or sign owners without an RSVP permit, mowing will be allowed to continue without an RSVP permit.

3.12. No vegetation control will be allowed within median areas of divided highways.

3.13. Trees having an outside bark diameter of more than ten (10) inches, measured one foot above ground level, shall not be removed, nor shall any limbs with an outside bark diameter of more than ten (10) inches be removed. Dead, diseased, or any other trees designated by AHTD, as noted in Paragraph 3.5, may be removed if specified in the RSVP permit.

3.14. Vegetation control should not leave large, open spaces in the general outline of the tree. Shaping of trees over ten (10) inches to the extent practical may be allowed to control and direct the growth in a manner consistent with the remaining vegetation of the adjacent areas along the highway right of way. Shaping of trees shall only be allowed if performed under the direction of, or as prescribed in a plan design by a certified arborist. The general outline of the tree should not be changed if trimmed in accordance with this policy.

3.15. No topping of trees will be allowed,

3.16. RSVP permits granted for vegetation removal may require landscaping mitigation in the form of replacement plantings. If an applicant removes vegetation and the result is that a nonconforming junkyard or unsightly area also becomes visible, AHTD may also require planting of smaller trees or vegetation of a sufficient height to screen the area. Landscaping mitigation requirements are to be determined by AHTD. The initial cost and maintenance of these plantings shall be the responsibility of the Permittee.

3.17. Stumps shall be cut or ground flush with the ground and may be treated with an EPA-approved herbicide after the stump is cut. Only the stumps are to be treated. The use of herbicides or chemicals on the grass or ground cover is not allowed.

3.18. All mowing or cutting must be accomplished with hand tools, wheeled machinery, or rubber tracked machines not exceeding three (3) tons. No steel track equipped machines are allowed. Grass and weeds may be mowed, but surface growth of at least four (4) inches must be left for erosion control. Digging, scraping, bulldozing, clear cutting, or 'scalping" the ground is not allowed.

3.19. The Permittee shall be required to carry liability insurance with a limit of at least $1 million per occurrence.

3.20. A performance bond of at least $1,000 per site shall be required to ensure the restoration of highway right of way. In lieu of an individual performance bond for each site, sign owners may choose to post a standing performance bond in an amount of at least $1,000 per site up to a maximum of $50,000.

3.21. The Permittee fully agrees to hold harmless the Arkansas State Highway Commission and the AHTD, and their officers, agents, and employees from any and all damages of any nature to any person or property due to any performance or non-performance of any work authorized by the permit.

3.22. The AHTD may, with good cause, deny, revoke, or amend any RSVP permit. If a permit is revoked the Permittee has a right to request an Administrative Hearing.

3.23. All RSVP permits must be renewed in four-year cycles beginning in July 2018 (See paragraph 3.3). All RSVP permits must be renewed at the same time regardless of the original date of issue. The permits will allow cutting up to four (4) times per year. The renewal fee is $160.00 for a four-year renewal. The Permittee must notify the AHTD's Beautification Section a minimum of three (3) working days before beginning work. The AHTD, at its option, may arrange to have an inspector on site while work is being performed.

4.0. VIOLATION OF PERMIT

4.1. If RSVP permit provisions are violated, the first offense shall be a $500 fine for each individual offense and/or the surrendering of the State Billboard permit for that sign, subject to the right to an Administrative Hearing. A second violation from the same sign owner shall result in the State Billboard permit for that sign being revoked, subject to the right to an Administrative Hearing, and the denial of any future requests for RSVP permits from that sign owner for two (2) years.

4.2. The sign owner must also provide a statement, signed and dated, agreeing to abide by the terms of the RSVP permit. The sign owner must also agree to remove the sign at no cost to the AHTD if the terms of the RSVP permit are violated by either the sign owner, or as a result of his direction to the land owner or third parties contracted to carry out vegetation control activities.

5.0. PROCEDURES

5.1. RSVP permits are issued by the AHTD's Right of Way Division in coordination with the AHTD District Engineer for the highway district in which the sign site is located.

5.2. Individual RSVP permits must be requested for each sign site and include:

a. An application fee (non-refundable) made payable to the Arkansas State Highway and Transportation Department in the amount of $160 per sign designated for vegetation control.

b. A performance bond in the amount of at least $1,000 per site issued or countersigned by a resident Arkansas agent, or in the form of cash or cashier's check. In lieu of a performance bond for each site, a standing performance bond in the amount equal to at least $1,000 per site up to a maximum of $50,000 may be posted.

c. Proof of liability insurance with a limit of at least $1 million.

d. State Highway number

e. A specific written proposal of the vegetation control work to be performed on the highway right of way to restore the visibility of the sign, including the name, address, telephone number, and signature of the sign owner, and the location of the sign site and State Billboard Permit number.

f. Type of vegetation control to be performed.

g. 8" X 10" photograph(s) of the State Highway right of way vegetation interfering with the view of the sign and which is the subject of the RSVP permit request.

h. A drawing of the highway right of way area where the work is to be performed indicating the vegetation to be mowed, bush hogged, cut, trimmed, pruned, and/or removed on the right of way. The drawing shall also show the length of frontage along the highway right of way boundary of the tract of land on which the sign is located.

i. A signed statement(s) by the landowner(s) of record of the land at the sign site or the landowners(s) of record of an abutting tract(s) of land where the vegetation cutting will occur, indicating concurrence with the proposed work on that portion of the highway right of way abutting the landowner's tract(s).

j. A signed and dated statement, from the billboard sign owner or agent, agreeing to abide by the terms of the RSVP permit. The sign owner will also agree to remove the sign at no cost to the AHTD if the terms of the RSVP permit are violated by the sign owner, or as a result of his direction to the land owner or third parties contracted to carry out vegetation control activities.

5.3. For requests that meet the terms of this policy, the AHTD's Right of Way Division will coordinate with the appropriate AHTD District Engineer and request concurrence prior to issuing an RSVP permit. For requests that do not meet the terms of this policy, the Right of Way Division will respond accordingly. A permit must be issued or denied within sixty (60) days.

5.4. The RSVP Permittee will advise the AHTD's Beautification Section of planned vegetation control activities at least three (3) working days prior to beginning work. The AHTD, at its option, may arrange to have an inspector at the site while work is being performed (See paragraph 3.23).

History

• 6/15/2017

001.00.18 Ark. Code R. 001 Transportation-Related Research Grant Program

SECTION 1

Regulatory Authority

1.1 Authority for promulgating these rules is conferred upon the Arkansas Highway Commission and the Arkansas Department of Transportation (ArDOT) pursuant...to Ark. Code Ann. § 27-65-145.

1.2 These rules shall be known as the Arkansas Department of Transportation Rules for Transportation-Related Research Grants.

1.3 Pursuant to Ark. Code Ann. § 19-5-1258 the ArDOT is responsible for the award and administration of grants under the Transportation-Related Research Grant Program (TRRGP).

SECTION 2

Purpose

2.1 These rules describe the Arkansas State Highway Commission and the ArDOT procedures for awarding grants from the Future Transportation Research Fund for the TRRGP.

2.2 The purpose of the TRRGP is to support the study of materials and sources in order to establish facts and reach new conclusions to provide resilient and sustainable logistics, processes, materials, and methods to ensure cost-effectiveness and the furtherance of education and economic development concerning all forms of transportation.

SECTION 3

Procedures

3.1 Potential applicants will be notified when an application period begins by email, letter, advertisement in applicable publications, and/or a notice on ArDOT's website.

3.2 The minimum amount requested for each application is $20,000. There is no limit to the maximum amount that can be requested. However, it should be noted that only $500,000 is available each year.

SECTION 4

Selection Committee

4.1 Applications will be reviewed and scored by the TRRGP Committee. It will be the duty of the TRRGP Committee to rate the quality of each application in order to recommend which applications will receive funding.

4.2 The TRRGP Committee will be comprised of the following members:

• ArDOT Assistant Chief Engineer - Planning, TRRGP Chairman

• ArDOT Materials Division Head

• ArDOT Transportation Planning and Policy Division Head

• ArDOT System Information and Research Division Head

• ArDOT Staff Research Engineer

SECTION 5

Scoring Criteria

5.1 The scoring criteria will be in accordance with Act 705, which defined "transportation-related research" as the systematic investigation into and study of materials and sources in order to establish facts and reach new conclusions to provide resilient and sustainable logistics, processes, materials and methods to ensure cost effectiveness and the furtherance of education and economic development concerning all forms of transportation, including without limitation rail, public transportation, aviation, and waterborne transportation.

SECTION 6

Award Process

6.1 The TRRGP Committee will submit their recommendation(s) for award of TRRGP funding to the ArDOT Director. Upon the Director's approval, a Minute Order will be submitted to the Arkansas Highway Commission for their approval. Upon approval, a letter will be sent to each applicant informing them of the award amount granted for their application.

6.2 An Agreement of Understanding will be prepared by ArDOT for each grant recipient. The recipient and the ArDOT Director must both sign the Agreement of Understanding before funds will be distributed.

SECTION 7

Reporting Requirements

7.1 At the end of each State Fiscal Year, the recipient must provide ArDOT with certification that expenditures were an appropriate use of the TRRGP funds accompanied with a summarized expenditure report.

7.2 Additionally, upon expenditure of all TRRGP funds or completion of the project, whichever occurs first, the recipient must submit a final report detailing what has been accomplished by the project and certifying that all expenditures were made in accordance with the TRRGP.

History

• 6/15/2018

001.00.18 Ark. Code R. 002 Permits for Overweight Vehicles Carrying Agronomic or Horticlutral Products

Permit Rules for the Movement of Oversize and Overweight Vehicles On the State Highway System

Rule 19 - PERMITS FOR OVERWEIGHT VEHICLES CARRYING AGRONOMIC OR HORTICULTURAL PRODUCTS

A. INTRODUCTION

Pursuant to Arkansas Code Annotated § 27-35-210(q), the Commission may issue a permit valid for one (1) year authorizing the movement of a truck tractor and semi-trailer combination with a minimum of five (5) axles hauling agronomic or horticultural crops in their natural state that exceed the maximum gross weight as provided in § 27-35-203 but do not exceed a total gross weight of one hundred thousand pounds (100,000 lbs.). A truck tractor and semi-trailer combination issued such a permit shall not exceed the height, length, or width restrictions set out in Chapter 35 of Title 27 of the Arkansas Code, or as set out in these rules.

B. APPLICATION INFORMATION

1. All permits issued pursuant to this Rule shall be considered Annual Route Permits. Each permit may apply for up to five (5) different routes.

2. Any application for an Annual Route Permit pursuant to this Rule shall be accompanied by a specific point of origin and destination for each route.

3. In addition to the Application Information Required in Rule 2 B, each request for an annual permit shall be accompanied by proof of a North American Standard Level I Inspection with no critical violations noted for the specific power unit and all towed units to be permitted.

C. BOND/FEE INFORMATION

1. No bond is required.

2. The fee for a permit to move overweight agronomic and horticultural products under Rule 19 shall be one thousand dollars ($1000.00).

D. ADDITIONAL PERMIT INFORMATION

1. During operation of the permitted vehicle on state highways pursuant to this Rule, each vehicle/trailer combination is required to carry proof of a North American Standard Level I Inspection;

During operation of the permitted vehicle on state highways pursuant to this Rule, each driver is required to be 21 years of age, and to maintain within the permitted vehicle their current DOT Medical Certification;

3. Upon application for an Annual Route Permit under this Rule as set out in 19(B), a permit technician will review the origin and destination information provided, and attempt to identify the shortest route from the origin to the destination within the following parameters:

a. ABSOLUTELY NO TRAVEL ON THE DWIGHT D. EISENHOWER SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS;

b. No travel on weight restricted bridges;

c. No travel on weight restricted highways except as provided in subsection (d);

d. Permitted vehicles that have an origin or final destination on a weight restricted highway may travel on those weight restricted highways on their origin or final destination for loads within the permit limits.

4. A permit may be issued for a combined tractor/trailer, or a tractor with up to five (5) identified trailers, provided the number of axles and axle spacings remain the same when towing the various trailers.

E. DEFINITIONS

1. "Agronomic crops" means the species in each of the following plant groupings belonging to the domain of agronomy: cereal or grain crops; grain legumes or pulses and oil seed crops for food, feed or industrial use; pasture and forage crops; fiber crops; sugar crops; and starchy root and tuber crops.

"Horticultural crops" means vegetable crops, fruit crops and edible nuts, other ornamental crops, and nursery crops. In addition, the aromatic crops and the medicinal crops are included.

"Natural state" means unfinished or unprocessed agronomic or horticultural crops originating in Arkansas from the first point of severance to a point in the state at which they first undergo any finishing, processing, preparation for processing, conversion, or transformation.

4. Agricultural and horticultural crops do not include timber or forestry products in any form.

History

• 10/22/2018

Division 01 Arkansas State Highway Commission

001.01.20 Ark. Code R. 001 Autonomous Vehicle Pilot Program Rules

I. Introduction

Pursuant to Arkansas Code Annotated (A.C.A.) § 27-51-2002, the Arkansas State Highway Commission (Commission) may approve a proposed autonomous vehicle pilot program submitted by a person. These rules are issued in accord with the statutory authority set out in subsection (d).

II. Definitions

(a) As used in these rules:

(1) "Automated driving system" means the hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether the automated driving system is limited to a specific Operational Design Domain.

(A) An Operational Design Domain (ODD) is the description of the specific operating domain(s) in which an automated function or system is designed to properly operate, including but not limited to roadway types, speed range, environmental conditions (weather, daytime/nighttime, etc.), and other domain constraints.

(2) "Autonomous vehicle" means a vehicle equipped with an automated driving system that can drive the vehicle for any duration of time without the active physical control or monitoring of a human operator.

(3) "Dynamic driving task" means the real-time operational and tactical functions required to operate a vehicle in on-road traffic, including without limitation the operational functions of:

(A) Lateral vehicle motion control via steering;

(B) Longitudinal motion control via acceleration and deceleration;

(C) Monitoring of the driving environment using object and event detection, recognition, classification, and response preparation;

(D) Object and event response execution;

(E) Maneuver planning; and

(F) Lighting and signaling operation designed to enhance conspicuity of the vehicle.

(4) "Dynamic driving task" does not include the strategic functions of:

(A) Trip scheduling; or

(B) Selection of destinations and waypoints.

(5) "Fully autonomous vehicle" means a vehicle equipped with an automated driving system designed to function as a level four- "high automation" or level five- "full automation" system under Society of Automobile Engineers "Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles and may be designed to function solely by use of the automated driving system, or when the automated driving system is not engaged, to permit operation by a human operator.

(6) "Person" means every natural person, firm, co-partnership, association, corporation, or any political subdivision of the State of Arkansas, individually or collectively, including all counties, municipal corporations, public transit authorities, school districts, and special improvement districts.

(7) "Minimal risk condition" means a low-risk operating mode in which a fully autonomous vehicle operating without a human operator is brought to a complete stop upon experiencing a failure of the vehicle's automated driving system that renders the vehicle unable to perform the entire dynamic driving task.

(8) "Disengagement of the autonomous mode" means a deactivation of the autonomous mode when a failure of the autonomous technology is detected or when the safe operation of the vehicle requires that a human operator that is physically in the vehicle or that is remotely located takes control of the vehicle.

III. Application

(a) Any person seeking approval for an autonomous vehicle pilot program shall submit to the Commission an application providing the following information:

(1) A statement of the commercial purpose of the autonomous vehicle pilot program;

(2) The identification of any additional requirements for proof of insurance under the Motor Vehicle Safety Responsibility Act, A.C.A. §§ 27-19-101 et seq., and 27-22-101 et seq.;

(3) A statement acknowledging that:

(A) The autonomous vehicle or fully autonomous vehicle is capable of complying with all applicable traffic and motor vehicle safety laws of this state and rules adopted by the Office of Motor Vehicle, including without limitation the laws and rules concerning the capability to safely negotiate railroad crossings unless an exemption for the operation of autonomous vehicles or fully autonomous vehicles at railroad crossings has been obtained from the owner of the railroad by the person submitting the application;

(B) The fully autonomous vehicle is capable of achieving a reasonably safe state or "minimal risk condition" if a failure of the automated driving system occurs that renders the automated driving system unable to perform the entire dynamic driving task; and

(C) A fully autonomous vehicle involved in a motor vehicle accident is capable of meeting the requirements of A.C.A. §§ 27-53-101, 27-53-102, and 27-53-105.

(4) A description of how a fully autonomous vehicle is capable of meeting the requirement of the statement required in A.C.A. § 27-51-2002(b)(3)(C).

IV. Application Review, Approval, Denial, or Withdrawal of Approval

(a) Upon receipt of an application, the Commission will refer it for consideration to the Director of the Arkansas Department of Transportation.

(b) An autonomous vehicle pilot program is automatically approved sixty days after the date of submission of the application to Commission unless the Director approves or denies the application prior to the end of the sixty days.

(c) The Director will:

(1) Review the application, and approve or deny the application based upon its compliance with these rules; and

(2) Notify the applicant of the decision in writing.

(d) The Director can withdraw approval of an autonomous vehicle pilot program at any time for any reason. If approval of an autonomous vehicle pilot program is withdrawn, the Director will notify the applicant of the decision in writing.

(e) The applicable administrative adjudication provisions of the Arkansas Administrative Procedure Act found in A.C.A. §§ 25-15-208 to -210, and §§ 25-15-212 to -214, shall apply to a decision of the Director to deny an application or withdraw approval of an application.

V. Operational Allowances and Limitations

(a) Upon approval of an autonomous vehicle pilot program, a person may operate a maximum of three autonomous vehicles or fully autonomous vehicles simultaneously on the streets and highways of this State;

(b) During the first six months of an approved autonomous vehicle pilot program, a human operator will be required to be physically present in the vehicle while it is operating on the streets and highways of this State;

(c) After completion of the first six months of the autonomous vehicle pilot program, an application may be submitted to the Commission to remove the requirement of a human operator to be physically present in the vehicle while it is operating on the streets and highways of this State providing the following information:

(1) A copy of the approved application for the autonomous vehicle pilot program;

(2) Total number of trips accomplished;

(3) Total number of miles traveled;

(4) Total number of times a disengagement of the autonomous mode occurred;

(5) A copy of all law enforcement accident reports that have involved an autonomous vehicle operating under the autonomous vehicle pilot program or a statement that no accidents have occurred that involved an autonomous vehicle operating under the autonomous vehicle pilot program; and

(d) The review, approval, denial, or withdrawal of approval of the application to remove the requirement of a human operator to be physically present in the vehicle will be handled as noted in Section IV of these rules.

(e) Upon approval of an autonomous vehicle pilot program that does not require a human operator to be physically present in the vehicle, a person may operate autonomous vehicles or fully autonomous vehicles that are not equipped with the following:

(1) Seat belts;

(2) A steering wheel; and

(3) A rearview mirror.

(f) If a vehicle operating under an autonomous vehicle pilot program is involved in a serious injury or fatal accident, the following actions will be taken:

(1) The person responsible for the autonomous vehicle pilot program will notify the Director immediately;

(2) All vehicles operating under the autonomous vehicle pilot program will cease operations until a review of the accident can be completed;

(3) The person responsible for the autonomous vehicle pilot program will submit the following to the Director:

(A) A copy of the accident report;

(B) A report of actions taken by the human operator that was physically located within the vehicle or actions taken by the human operator that was remotely located or a statement that no actions were taken by a human operator;

(C) A description of actions taken to prevent subsequent accidents;

(D) A request to restart operations of the autonomous vehicle pilot program, if the person responsible for the autonomous vehicle pilot program desires to do so;

(4) The review, approval, or denial of the application to restart the autonomous vehicle pilot program will be handled as noted in Section IV of these rules.

VI. Reporting

(a) A report will be submitted to the Director by January 31^st for the previous calendar year's operations providing the following information:

(1) A copy of the approved application for the autonomous vehicle pilot program;

(2) Total number of trips accomplished;

(3) Total number of miles traveled;

(4) Total number of times a disengagement of the autonomous mode occurred; and

(5) A copy of all law enforcement accident reports that have involved an autonomous vehicle operating under the autonomous vehicle pilot program or a statement that no accidents have occurred that involved an autonomous vehicle operating under the autonomous vehicle pilot program.

History

• Adopted by Arkansas Register Volume MMXX Number 18, Effective 11/30/2020

001.01.21 Ark. Code R. 001 Rules for Permits for Overweight Vehicles Carrying Agronomic or Horticultural Products

Permit Rules for the Movement of Oversize and Overweight Vehicles On the State Highway System

Rule 19 -PERMITS FOR OVERWEIGHT VEHICLES CARRYING AGRONOMIC OR HORTICULTURAL PRODUCTS

A. INTRODUCTION

Pursuant to Arkansas Code Annotated § 27-35-210(q), the Commission may issue a permit valid for one (1) year authorizing the movement of a truck tractor and semi-trailer combination with a minimum of five (5) axles hauling agronomic or horticultural crops in their natural state that exceed the maximum gross weight as provided in § 27-35-203 but do not exceed a total gross weight of one hundred thousand pounds (100,000 lbs.). A truck tractor and semi-trailer combination issued such a permit shall not exceed the height, length, or width restrictions set out in Chapter 35 of Title 27 of the Arkansas Code, or as set out in these rules.

B. APPLICATION INFORMATION

1. All permits issued pursuant to this Rule shall be considered Annual Route Permits. Each permit may apply for up to five (5) different routes.

2. Any application for an Annual Route Permit pursuant to this Rule shall be accompanied by a specific point of origin and destination for each route.

3. In addition to the Application Information Required in Rule 2 B, each request for an annual permit shall be accompanied by proof of a North American Standard Level I Inspection with no critical violations noted for the specific power unit and all towed units to be permitted.

C. BOND/FEE INFORMATION

1. No bond is required.

2. The fee for a permit to move overweight agronomic and horticultural products under Rule 19 shall be eight hundred dollars ($ 800.00).

D. ADDITIONAL PERMIT INFORMATION

During operation of the permitted vehicle on state highways pursuant to this Rule, each vehicle/trailer combination is required to carry proof of a North American Standard Level I Inspection;

2. During operation of the permitted vehicle on state highways pursuant to this Rule, each driver is required to be 21 years of age, and to maintain within the permitted vehicle their current DOT Medical Certification;

3. Upon application for an Annual Route Permit under this Rule as set out in 19(B), a permit technician will review the origin and destination information provided, and attempt to identify the shortest route from the origin to the destination within the following parameters:

a. ABSOLUTELY NO TRAVEL ON THE DWIGHT D. EISENHOWER SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS;

b. No travel on weight restricted bridges;

c. No travel on weight restricted highways except as provided in subsection (d);

d. Permitted vehicles that have an origin or final destination on a weight restricted highway may travel on those weight restricted highways on their origin or final destination for loads within the permit limits.

4. A permit may be issued for a combined tractor/trailer, or a tractor with up to five (5) identified trailers, provided the number of axles and axle spacings remain the same when towing the various trailers.

E. DEFINITIONS

1. "Agronomic crops" means the species in each of the following plant groupings belonging to the domain of agronomy: cereal or grain crops; grain legumes or pulses and oilseed crops for food, feed or industrial use; pasture and forage crops; fiber crops; sugar crops; and starchy root and tuber crops.

"Horticultural crops" means vegetable crops, fruit crops and edible nuts, other ornamental crops, and nursery crops. In addition, the aromatic crops and the medicinal crops are included.

"Natural state" means unfinished or unprocessed agronomic or horticultural crops originating in Arkansas from the first point of severance to a point in the state at which they first undergo any finishing, processing, preparation for processing, conversion, or transformation.

4. Agricultural and horticultural crops do not include timber or forestry products in any form.

History

• Adopted by Arkansas Register Volume MMXXI Number 12, Effective 12/10/2021

001.01.21 Ark. Code R. 002 Transportation-Related Research Grant Program

Arkansas Department of Transportation

RULES FOR TRANSPORTATION-RELATED RESEARCH & WORKFORCE DEVELOPMENT GRANT PROGRAM

SECTION 1 Regulatory Authority

1.1 Authority for promulgating these rules is conferred upon the Arkansas Highway Commission and the Arkansas Department of Transportation (ArDOT) pursuant to Ark. Code Ann. § 27-65-145.

1.2 These rules shall be known as the Arkansas Department of Transportation Rules for Transportation-Related Research & Workforce Development Grants.

1.3 Pursuant to Act 705 of 2017, and Act 884 of 2021, codified at Ark. Code Ann. § 19-5-1258, ArDOT is responsible for the award and administration of grants under the Transportation-Related Research & Workforce Development Grant Program (TRRWDGP).

SECTION 2 Purpose

2.1 These rules describe the Arkansas State Highway Commission and the ARDOT procedures for awarding grants from the Future Transportation Research and Workforce Development Fund for the TRRWDGP.

2.2 The purpose of the TRRWDGP is to support:

• the study of materials and sources in order to establish facts and reach new conclusions to provide resilient and sustainable logistics, processes, materials, and methods to ensure cost-effectiveness and the furtherance of education and economic development concerning all forms of transportation; and

• industry training, apprenticeship and educational programs to foster skills required for transportation related personnel development.

SECTION 3 Procedures

3.1 Potential applicants will be notified when an application period begins by email, letter, advertisement in applicable publications, and/or a notice on ArDOT's website.

3.2 The minimum amount requested for each application is $20,000. There is no limit to the maximum amount that can be requested. However, it should be noted that only $500,000 is available each year.

SECTION 4 Selection Committee

4.1 Applications will be reviewed and scored by the TRRWDGP Committee. It will be the duty of the TRRWDGP Committee to rate the quality of each application in order to recommend which applications will receive funding.

4.2 The TRRWDGP Committee will be comprised of the following members:

• ARDOT Assistant Chief Engineer - Planning, TRRWDGP Chairman

• ARDOT Materials Division Head

• ARDOT Transportation Planning and Policy Division Head

• ARDOT System Information and Research Division Head

• ARDOT Human Resources Division Head

• ARDOT Workforce Development Section Head

• ARDOT Staff Research Engineer

SECTION 5 Eligible Applicants

5.1 Any publicly funded institution of higher education may submit an application to receive a grant for transportation-related research or workforce development to the Arkansas Department of Transportation.

SECTION 6 Scoring Criteria

6.1 Pursuant to Ark. Code Ann. § 27-65-145, "transportation-related research" is defined as the systematic investigation into and study of materials and sources in order to establish facts and reach new conclusions to provide resilient and sustainable logistics, processes, materials and methods to ensure cost effectiveness and the furtherance of education and economic development concerning all forms of transportation, including without limitation rail, public transportation, aviation, and waterborne transportation.

6.2 Pursuant to Ark. Code Ann. § 27-65-145, "workforce development" is defined as industry training, apprenticeship, and educational programs that foster skills required for transportation related personnel development.

SECTION 7 Award Process

7.1 The TRRWDGP Committee will submit their recommendation(s) for award of TRRWDGP funding to the ArDOT Director. Upon the Director's approval, a Minute Order will be submitted to the Arkansas Highway Commission for their approval. Upon approval, a letter will be sent to each applicant informing them of the award amount granted for their application.

7.2 An Agreement of Understanding will be prepared by ArDOT for each grant recipient. The recipient and the ArDOT Director must both sign the Agreement of Understanding before funds will be distributed.

SECTION 8 Reporting Requirements

8.1 At the end of each State Fiscal Year, the recipient must provide ArDOT with certification that expenditures were an appropriate use of the TRRWDGP funds accompanied with a summarized expenditure report.

8.2 Additionally, upon expenditure of all TRRWDGP funds or completion of the project, whichever occurs first, the recipient must submit a final report detailing what has been accomplished by the project and certifying that all expenditures were made in accordance with the TRRWDGP.

History

• Adopted by Arkansas Register Volume MMXXI Number 12, Effective 12/10/2021

001.01.21 Ark. Code R. 003 Autonomous Vehicle Program Rules

I. Introduction

Pursuant to Arkansas Code Annotated (A.C.A.) § 27-51-2002, the Arkansas State Highway Commission (Commission) may approve a proposed autonomous vehicle program submitted by a person. These rules are issued in accord with the statutory authority set out in subsection (d).

II. Definitions

(a) As used in these rules:

(1) "Automated driving system" means the hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether the automated driving system is limited to a specific Operational Design Domain.

(A) An Operational Design Domain (ODD) is the description of the specific operating domain(s) in which an automated function or system is designed to properly operate, including but not limited to roadway types, speed range, environmental conditions (weather, daytime/nighttime, etc.), and other domain constraints.

(2) "Autonomous vehicle" means a vehicle equipped with an automated driving system that can drive the vehicle for any duration of time without the active physical control or monitoring of a human operator.

(3) "Dynamic driving task" means the real-time operational and tactical functions required to operate a vehicle in on-road traffic, including without limitation the operational functions of:

(A) Lateral vehicle motion control via steering;

(B) Longitudinal motion control via acceleration and deceleration;

(C) Monitoring of the driving environment using object and event detection, recognition, classification, and response preparation;

(D) Object and event response execution;

(E) Maneuver planning; and

(F) Lighting and signaling operation designed to enhance conspicuity of the vehicle.

(4) "Dynamic driving task" does not include the strategic functions of:

(A) Trip scheduling; or

(B) Selection of destinations and waypoints.

(5) "Fully autonomous vehicle" means a vehicle equipped with an automated driving system designed to function as a level four-"high automation" or level five-"full automation" system under Society of Automobile Engineers "Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles and may be designed to function solely by use of the automated driving system, or when the automated driving system is not engaged, to permit operation by a human operator.

(6) "Person" means every natural person, firm, co-partnership, association, corporation, or any political subdivision of the State of Arkansas, individually or collectively, including all counties, municipal corporations, public transit authorities, school districts, and special improvement districts.

(7) "Minimal risk condition" means a low-risk operating mode in which a fully autonomous vehicle operating without a human operator is brought to a complete stop upon experiencing a failure of the vehicle's automated driving system that renders the vehicle unable to perform the entire dynamic driving task.

(8) "Disengagement of the autonomous mode" means a deactivation of the autonomous mode when a failure of the autonomous technology is detected or when the safe operation of the vehicle requires that a human operator that is physically in the vehicle or that is remotely located takes control of the vehicle.

(9) "Human operator" means an individual who operates a vehicle by manually controlling the:

(A) Brake;

(B) Accelerator pedal;

(C) Steering wheel; or

(D) Transmission gear selection;

(10) "On-demand driverless capable vehicle network" means a transportation service network that uses a software application or other digital means to dispatch autonomous vehicles or fully autonomous vehicles for purposes of transporting persons or goods, including without limitation vehicles used for:

(A) For-hire transportation;

(B) The transportation of multiple passengers who agree to share the ride in whole or in part; or

(C) Public transportation; and

(11) "Remote operator" means an individual who is:

(A) Able to provide remote assistance to a fully autonomous vehicle in driverless operation; or

(B) Not seated in a position to manually control a vehicle's:

(i) Brake;

(ii) Accelerator pedal;

(iii) Steering wheel; or

(iv) Transmission gear selection.

III. Application

(a) Any person seeking approval for an autonomous vehicle program shall submit to the Commission an application providing the following information:

(1) A filled application form (downloadable from https://www.ardot.gov/autonomous)

(2) A statement of the commercial purpose of the autonomous vehicle program;

(3) Proof that the autonomous vehicle program complies with the minimum liability insurance coverage requirements for a motor carrier of property under 49 C.F.R. § 387.9 as it existed on January 1, 2021;

(4) A statement acknowledging that:

(A) The autonomous vehicle or fully autonomous vehicle is capable of complying with all applicable traffic and motor vehicle safety laws of this state and rules adopted by the Office of Motor Vehicle, including without limitation the laws and rules concerning the capability to safely negotiate railroad crossings, if applicable;

(B) The fully autonomous vehicle is capable of achieving "a minimal risk condition" if a failure of the automated driving system occurs that renders the automated driving system unable to perform the entire dynamic driving task;

(C) The autonomous vehicle or fully autonomous vehicle meets Federal Motor Vehicle Safety Standards and Regulations, 49. C.F.R. Part 571 as it existed on January 1, 2021, for the vehicle's model year, except to the extent an exemption has been granted under applicable federal law, and all other applicable safety standards and performance requirements stated in state and federal law and rules adopted by the commission; and

(D) A The remote operator of a fully autonomous vehicle involved in a motor vehicle accident is capable of meeting the requirements of A.C.A. §§ 27-53-101, 27-53-102, and 27-53-105.

(5) A description of how a fully autonomous vehicle is capable of meeting the requirement of the statement required in A.C.A. § 27-51-2002(b)(3)(C).

(6) An autonomous vehicle or fully autonomous vehicle shall be registered and titled as required under the Motor Vehicle Administration, Certificate of Title, and Antitheft Act, § 27-14-101 et seq.

IV. Application Review, Approval, Denial, or Withdrawal of Approval

(a) Upon receipt of an application, the Commission will refer it for consideration to the Director of the Arkansas Department of Transportation.

(b) The Director will:

(1) Review the application, and approve or deny the application based upon its compliance with these rules; and

(2) Notify the applicant of the decision in writing.

(c) The Director can withdraw approval of an autonomous vehicle program at any time for any reason. If approval of an autonomous vehicle program is withdrawn, the Director will notify the applicant of the decision in writing.

(d) The applicable administrative adjudication provisions of the Arkansas Administrative Procedure Act found in A.C.A. §§ 25-15-208 to -210, and §§ 25-15-212 to -214, shall apply to a decision of the Director to deny an application or withdraw approval of an application.

V. Operational Allowances and Limitations

(a) Operation of on-demand driverless capable vehicle network.

(1) A person may operate an on-demand driverless capable vehicle network in the state.

(2) An on-demand driverless capable vehicle network may connect a passenger or goods to a fully autonomous vehicle either exclusively or as part of a digital network that also connects passengers or goods to human drivers who provide transportation services in vehicles that are not fully autonomous vehicles.

(b) During the first six months of an approved autonomous vehicle program, a human operator will be required to be physically present in the vehicle while it is operating on the streets and highways of this State;

(c) After completion of the first six months of the autonomous vehicle program, an application may be submitted to the Commission to remove the requirement of a human operator to be physically present in the vehicle while it is operating on the streets and highways of this State providing the following information:

(1) A copy of the approved application for the autonomous vehicle program;

(2) Total number of trips accomplished;

(3) Total number of miles traveled;

(4) Total number of times a disengagement of the autonomous mode occurred;

(5) A copy of all law enforcement accident reports that have involved an autonomous vehicle operating under the autonomous vehicle program or a statement that no accidents have occurred that involved an autonomous vehicle operating under the autonomous vehicle program; and

(a) The review, approval, denial, or withdrawal of approval of the application to remove the requirement of a human operator to be physically present in the vehicle will be handled as noted in Section IV of these rules.

(b) Upon approval of an autonomous vehicle program that does not require a human operator to be physically present in the vehicle, a person may operate autonomous vehicles or fully autonomous vehicles that are not equipped with the following:

(1) Seat belts, unless transporting persons as required by § 27-37-701 et seq.;

(2) A steering wheel; and

(3) A rearview mirror.

(c) If a vehicle operating under an autonomous vehicle program is involved in a serious injury or fatal accident, the following actions will be taken:

(1) The person responsible for the autonomous vehicle program will notify the Director immediately;

(2) All vehicles operating under the autonomous vehicle program will cease operations until a review of the accident can be completed;

(3) The person responsible for the autonomous vehicle program will submit the following to the Director:

(A) A copy of the accident report;

(B) A report of actions taken by the human operator that was physically located within the vehicle or actions taken by the human operator that was remotely located or a statement that no actions were taken by a human operator;

(C) A description of actions taken to prevent subsequent accidents;

(D) A request to restart operations of the autonomous vehicle program, if the person responsible for the autonomous vehicle program desires to do so;

(4) The review, approval, or denial of the application to restart the autonomous vehicle program will be handled as noted in Section IV of these rules.

VI. Reporting

(a) A report will be submitted to the Director by January 31^st for the previous calendar year's operations providing the following information:

(1) A copy of the approved application for the autonomous vehicle program;

(2) Total number of trips accomplished;

(3) Total number of miles traveled;

(4) Total number of times a disengagement of the autonomous mode occurred; and

(5) A copy of all law enforcement accident reports that have involved an autonomous vehicle operating under the autonomous vehicle program or a statement that no accidents have occurred that involved an autonomous vehicle operating under the autonomous vehicle program.

History

• Adopted by Arkansas Register Volume MMXXII Number 01, Effective 1/15/2022

001.01.89 Ark. Code R. 001 Arkansas State Highway Commission Utility Accommodation Policy

DEFINITIONS

AHTD/Department - Shall mean the Arkansas State Highway and Transportation Department.

ADT - Average Daily Traffic - The average 24-hour volume, being the total volume during a stated period divided by the number of days in that period. Unless otherwise stated, the period is a year. The term is commonly abbreviated as ADT.

1. Low Volume Roadway - Under 2,000 ADT

High Volume Roadway - Over 2,000 ADT

Backfill - Replacement of suitable Material compacted as specified around and over a pipe, conduit, casing or gallery.

Backslope - The slope leading away from flowline of ditch.

Bedding - Organization of soil or other suitable material to support a pipe, conduit, casing or gallery.

Bury - Depth of top of pipe or facility below grade of roadway or ditch,

Cap - Rigid structural element surmounting a pipe, conduit, casing or gallery.

Carrier - Pipe directly enclosing a transmitted fluid (liquid or gas).

Casing - A larger pipe enclosing a carrier.

Clear Roadside Policy - The policy employed by a highway authority to increase safety, improve traffic operation and enhance the appearance of highways by designing, constructing, and maintaining highway roadsides as wide, flat, and rounded as practical and as free as practical from physical obstructions above the ground such as trees, drainage structures, massive sign supports, utility poles, and other ground-mounted obstructions. (also referred to as: clear recovery area and clear zone).

Coating - Material applied to or wrapped around a pipe.

Conduit or Duct - An enclosed tubular runway for protecting wires or cables.

Control of Access - The condition where the right of owners or occupants of abutting land or other persons to access, light, air, or view in connection with a highway is fully or partially controlled by public authority.

Full Control of Access - The authority to control access is exercised to give preference to through traffic by providing access connections with selected public roads only by prohibiting crossings at grade or direct private driveway connections.

Partial Control of Access - The authority to control access is exercised to give preference to through traffic to a degree that, in addition to access connections with selected public roads, there may be some crossings at grade and some private driveway connections.

Cover - Depth of top of pipe, conduit, casing or gallery below grade of roadway or ditch.

Cradle - Rigid structural element below and supporting a pipe.

Direct Burial - Installing a utility underground without encasement, by plowing.

Drain - Appurtenance to discharge liquid contaminants from casings.

Drainage Structure - Any structure providing drainage for the highway other than a bridge.

Dry Bore - Augered or drilled, the use of water may be used as a lubricant providing water pressure does not exceed 10 PSIG.

Emergency - An unforeseen occurrence or condition, that may cause harm to persons or property, calling for immediate action.

Encasement - Structural element surrounding a pipe.

Encroachment - Unauthorized use of highway right-of-way or easements as for signs, fences, buildings, utilities, parking, storage, etc.

Expressway - A divided arterial highway for through traffic with full or partial control of access and generally with grade separations at major intersections.

FHWA - Shall mean the Federal Highway Administration.

Flexible Pipe - A plastic, fiberglass, or metallic pipe having large ratio of diameter to wall thickness which can be deformed without undue stress.

Flowline of Ditch - The low point of a ditch that runoff water will follow.

Foreslope - The slope leading away from the pavement or shoulder of a highway.

Freeway - An expressway with full control of access.

Frontage Road - A local street or road auxiliary to and located on the side of an arterial highway for service to abutting property and adjacent areas and for control of access.

Gallery - An underpass for two or more utility lines.

Grade Separation - A crossing of two highways, or a highway and a railroad, at different levels.

Grounded - Connected to earth or to some extended conducting body which serves instead of the earth whether the connection is intentional or accidental.

Grout - A cement mortar or a slurry of fine sand or clay.

High Volume Roadway - Over 2,000 ADT

Highway, Street or Road - A general term denoting a public way for purposes of vehicular travel, including the entire area within the right of way.

Jacket - Encasement by concrete poured around a pipe.

Low Volume Roadway - Under 2,000 ADT

Manhole - An opening in an underground system which workmen or others may enter for the purpose of making installations, inspections, repairs, connections, and tests.

Median - The portion of a divided highway separating the traveled ways for traffic in opposite directions.

Normal - Crossing at a right angle.

Oblique - Crossing at an acute angle.

OSHA - Occupational Safety & Health Administration

Overfill - Backfill above a pipe.

Pavement Structure -The combination of subbase, base course, and surface course placed on a subgrade to support the traffic load and distribute it to the roadbed.

Pipe - A tubular product made as a production item for sale as such. Cylinders formed from plate in the course of the fabrication of auxiliary equipment are not pipe as defined here.

Plowing - Direct burial of utility lines by means of a "plow" type mechanism which breaks the ground, places the utility line and closes the break in the ground in a single operation,

Pressure - Relative internal pressure in psig (pounds per square inch gauge).

Right-of-Way - A general term denoting land, property, or interest therein, usually in a strip, acquired for or devoted to transportation purposes.

Rigid Pipe - Pipe designed for diametric deflection of less than 1%.

Roadside - A general term denoting the area adjoining the outer edge of the roadway. Extensive areas between the roadways of a divided highway may also be considered roadside.

Roadway - The portion of a highway, including shoulders, for vehicular use. A divided highway has two or more roadways.

Roadway Cross Section - That area of a highway facility contained between the outside edges of backslopes/foreslopes (Divided facilities, the term applies to each set of roadways).

Safety Rest Area - A roadside area with parking facilities separated from the roadway provided for motorists to stop and rest for short periods. It may include drinking water, toilets, tables and benches, telephones, information, and other facilities for travelers.

Scenic Overlook - A roadside area provided for motorists to stop their vehicles beyond the shoulder, primarily for viewing the scenery in safety.

Semi-Rigid Pipe - Pipe designed to tolerate from 1% to 3% diametric deflection,

Shoulder - The portion of the roadway contiguous with the traveled way for accommodation of stopped vehicles, for emergency use, and for lateral support of base and surface courses.

Sidefill - Backfill alongside a pipe.

Slab, Floating - Slab between but not contacting pipe or pavement.

Sleeve - Short casing through pier or abutment of highway structure.

SubBase - The layer or layers of specified or selected material of designated thickness placed on a subgrade to support a base course.

Subgrade - The top surface of a roadbed upon which the pavement structure and shoulders are constructed.

Toe-of-Slope - The bottom of a slope of a fill or cut area usually the lowest point of the slope.

Traffic Control Device - Any sign, signal, marking, or installation placed or erected under public authority for the purpose of regulating, warning, or guiding traffic.

Traveled Way - The portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes.

Trenched - Installed in a narrow open excavation.

Untrenched - Installed without breaking ground or pavement surface, such as by jacking or boring.

Use and Occupancy agreement or Utility Permit - The document by which the highway authority regulates and/or gives approval of the use and occupancy of highway right-of-way by utility facilities or private lines.

Vent - Appurtenance to discharge gaseous contaminants from casing.

Walled - Partially encased by concrete poured alongside the pipe.

Wet Bore - A hole is sluiced through the roadway subgrade by jetting with water under high pressure.

PART I ACCOMMODATION OF UTILITIES ON HIGHWAY RIGHT OF WAY

SECTION I

INTRODOCTION

PURPOSE

To prescribe the policies and procedures for the accommodation of utility facilities, both public and private on the rights-of-way of all roadways and property within the Arkansas State Highway and Transportation Department System.

AUTHORITY

Under Arkansas Statutes, 27-67-218 and 27-67-304 public utilities may use highway right-of-way for the purpose of installing utility facilities, provided such use will not interfere with the use of the right-of-way for highway purposes. Utility owners must secure a permit and post a bond prior to performing any work. I nstallation of utility facilities on highway right-of-way must be done in accordance with the rules and regulations prescribed by the Arkansas State Highway Commission.

103. SCOPE

To authorize the Utilities Section, Right of Way Division, Arkansas State Highway and Transportation Department to, issue permits and enter into agreements to provide for the installation, adjustments, relocation, maintenance, or removal of utilities on highway right-of-way and property. Issue permits for mechanical trimming and for use of chemicals for vegetation control on highway rights-of-way and property. Cover existing and provide for future joint use and occupancy of highway and utility rights-of-way and/or properties by highway and utility facilities on, over, under or across the same lands and under coincidental property rights or interests in accordance with State Law and Federal rules and regulations.

APPLICATION

This policy shall apply to the owners and operators of utility facilities including but not limited to electric power, water, sewer, gas, communications (telephone, telegraph, cable TV, and fiber optic or light guide cables), chemical, oil, petroleum products, steam, storm water not connected with highway drainage, irrigation and similar facilities.

This policy shall apply to all new installations, and to the servicing, repair, restoration, relocation, rehabilitation, or removal of any existing utility facilities where the roadway, roadside, right-of-way, or traffic will be affected by the work operations or by the new facilities occupancy.

PRIOR POLICY

The provisions of this Statement of Policy shall supersede and void all prior Commission or Administrative Orders and/or Statements of Highway Department Policy relating to the accommodation and/or adjustment of utilities on highway rights-of-way, included in Commission Minute Order No. 70-300 dated August 26, 1970 and Commission Order No, 77-80 dated February 23, 1977.

EXCEPTIONS

Exceptions to any provisions of this policy may be authorized under certain situations where it is shown that extreme hardship and/or unusual conditions provide justification, and where alternate measures can be prescribed in keeping with the intent of this policy.

Consideration of requests for exceptions on controlled access highways will be in accordance with American Association of State Highway and Transportation Official's (AASHTO) "A Policy On The Accommodation of Utilities Within Freeway Right-of-Way" (current issue),

Any request for exceptions to this policy shall be submitted to the Utilities Section for Departmental review and.approval.

SECTION 2

GENERAL CONSIDERATIONS

The location and design of all utility installations within the highway rights-of-way shall conform as a minimum to the following:

LOCATION - CONTROLLED ACCESS HIGHWAYS

(Fully and Partially Controlled)

1. Longitudinal utility facilities are not permitted inside the limits of access control of a fully controlled access highway.

2. Longitudinal utility installations within the limits of access control on partially controlled access highways may be considered under exceptions (Part I -Page 2 - Section 106).

3. On highways with frontage roads, longitudinal utility installations may be located between the frontage roads and the right-of-way line. Utility lines shall not be placed or remain in the center median, or beneath through-traffic roadways, ramps or connecting roadways (including shoulders).

Location shall permit maintenance of the utility by access from frontage roads where provided, nearby or adjacent roads and streets, or trails along or near the highway right-of-way line, to the extent practicable, without access from the through traffic roadways or ramps.

5. Longitudinal installations shall be located on uniform alignment as near as practicable to the right-of-way line to provide space for future highway construction and for possible future utility installations.

6. Utility lines crossing the highway should be located at approximate right angles to the highway to the extent feasible and practicable. Reasonable latitude may be exercised with respect to the crossing angle of existing lines which are otherwise qualified to remain in place.

7. Single customer utility service line connections crossing controlled access highways shall not be permitted in areas where distribution or feeder line. crossings are available within a reasonable distance to serve consumers on either side of the highway; however, they may be permitted where utility service facilities are not available within a reasonable distance along the side of the highway where the service is needed.

8. The horizontal and vertical location of utility lines should conform with the clear roadside policy of the Department, consistent with the clearances applicable to all roadside obstacles. (AASHTO Roadside Design Guide - current issue).

9. In urban areas, when no other alternatives are available, consideration will be given for permitting longitudinal utility installations within the control of access when other conditions herein can be met, but in no case will a utility facility be permitted in the center median.

LOCATION - NON-CONTROLLED ACCESS HIGHWAYS

1. The integrity of the roadway cross section must be maintained; therefore no excavation or longitudinal installations will be permitted within this area. (See Figure 1)

2. Utility facilities shall be located to avoid or minimize the need for adjustment for future highway improvements and to permit access to the utility lines or maintenance with minimum interference to highway traffic.

3. Longitudinal installations shall be located on uniform alignment as near as practicable to the right-of-way line to provide a safe environment for traffic operation and preserve space for future highway improvements or other utility installations.

4. To the extent feasible and practicable, utility crossings of the highway should be installed on a line generally normal to the highway alignment.

5. The horizontal and vertical location of utilities lines should conform with the clear roadside policy of the Department, consistent with the clearances applicable to all roadside obstacles. When these conditions cannot be met and it is determined by the Highway Department to be in the best interest of the public, a utility facility may be permitted, using the "AASHTO Roadside Design Guide" (current issue). Full consideration shall be given to all measures reflecting sound engineering principles and economic factors necessary to preserve and protect the integrity of the highway and to avoid interference with the use of the right-of-way for highway purposes; even if the result is that the utility cannot be accommodated on the highway right-of-way.

DESIGN

1. The design and integrity of any utility installation will be the responsibility of the utility owner. This includes the measures to be taken to preserve the safe and free flow of traffic, the structural integrity of the roadway or highway structures, ease of highway maintenance, and the appearance of the highway. The location and manner of installation within the highway right-of-way must be reviewed and approved by the Arkansas State Highway and Transportation Department.

2. Such approvals shall be in accordance with AASHTO publications "A Guide for Accommodating Utilities within Highway Right of Way" and " A Policy on the Accommodation of Utilities Within Freeway Right of Way" (current issues) adopted by reference herein with the same force and effect as if recited at length.

Design of utility installations on, over, or under highway right-of-way or attached to highway structures should as .a minimum meet the following requirements:

(a) Electric power and communication facilities should conform with the currently applicable National Electrical Safety Code.

(b) Water lines should conform with the currently applicable specifications of the American Water Works Association,

(c) Pressure pipelines should conform with the currently applicable sections of the Standard Code of Pressure Piping of the American National Standards Institute, Title 49 CFR Parts 192, 193, 195 and applicable industry codes.

(d) Liquid petroleum pipelines should conform with applicable recommended practice of the American Petroleum Institute for pipeline crossings under railroads and highways.

(e) Any pipeline carrying hazardous materials shall conform to the rules and regulations of the United States Department of Transportation governing the transportation of such materials,

4. Above ground utility facilities should be of a design compatible with the visual quality of the specific highway section being traversed,

5. All utility installations within highway right-of-way or attached to highway structures should be of durable materials designed for long service life expectancy and relatively free from routine servicing and maintenance.

6. On new installations or adjustments of existing utility lines, provisions should be made for known or planned expansion of the utility facilities, particularly those located underground or attached to bridges. They should be planned so as to minimize hazards and interference with highway traffic when additional overhead or underground lines are installed at some future date.

7. Manholes shall be limited to those necessary for installation and maintenance of underground lines. In no case shall they be placed or permitted to remain in the pavement or shoulders of high volume roadways, Exceptions may be allowed at those locations on non-controlled access highways in urban areas where necessary for existing lines which may be permitted to remain in place under existing or proposed roadways. Manholes may remain in place or be installed under traffic lanes of low volume roadways in municipalities provided measures are taken to minimize such installations and to avoid their locations at intersections as much as possible.

8. Manholes vary as to size and shape depending on the type of utility they serve. To conserve space their dimensions, should be the minimum acceptable by good engineering and safety standards. Where soil conditions require, outside forms shall be used. In general the only equipment to be installed in manholes located on highway right-of-way is that which is essential to the normal operation of the utility, such as cable splices, relays, etc. Other equipment, pumps, etc. should be located outside the limits of the highway right-of-way. All manhole covers shall be flush with the ground and/or pavement surface, whichever is applicable. All manholes shall be designed with sufficient structural capacity for vehicular loading in accordance with AHTD current standard specifications,

9. Acquiring all necessary permits, including the accommodation of utilities on highway right-of-way and environmental controls, shall be the responsibility of the utility owner.

SCENIC ENHANCEMENT

1. The type and size of utility facilities, and the manner and extent to which they are permitted along or within highway right of way can materially alter the scenic quality, appearance, and view of highway roadsides and adjacent areas. For these reasons, additional controls are applicable in certain areas that have been acquired or set aside for their scenic quality. Such areas include scenic strips, overlooks, rest areas, recreational areas, the rights-of-way of highways adjacent to such areas, and the rights-of-way of sections of highways which pass through forests, parks and historic sites. Aerial installations will not be approved at such locations when there is a feasible and prudent alternative.

2. To protect trees and shrubbery on the highway right-of-way the Department shall specify the extent and methods of tree removal and trimming in making underground or overhead utility installations. Where justified by conditions, the Department may permit removal of trees or shrubbery of value to the highway, provided the Utility Owner replaces such removals as specified by the Department's District Engineer.

SAFETY

1. The. utility owner shall assume full liability of hazard to traffic created by their operation and shall maintain use of appropriate safety devices such as barricades, lights, signs and flagging operations needed to protect traffic and shall comply with the "Manual on Uniform Traffic Control Devices" (MUTCD -current issue),

2. The utility owner shall be responsible for maintaining all existing highway, street and county road regulatory warning, guide and informational signs in an effective location at all times for the duration of any work while on highway rights-of-way and shall reinstall them at the correct location upon the completion of the work. Any sign damaged during the work shall be replaced at the utility owner's expense.

3. The utility owner shall indemnify and save harmless the State of Arkansas, the Arkansas State Highway Commission, the Arkansas State Highway and Transportation Department, its officials and employees, in all respects from any and all losses, damages or injury to persons or property resulting in any manner from any negligent act or omission in connection with work operations, occupancy, or use of State Highway Rights-of-Way or Property.

CONSTRUCTION & MAINTENANCE OPERATIONS

1. The utility owner must notify the Department's District Engineer three days prior to beginning work on highway right-of-way.

2. The utility owner shall take all means necessary to protect the traveling public and to avoid any hazard or interference to the safe and free movement of traffic on the highway. In some circumstances it may be necessary that the hours of work operation be established by the Department's District Engineer. (See Figures 16 and 17)

3. The utility owner shall provide adequate protection on or over any pavement, roadway surfacing, shoulders or highway structure before moving or operating any heavy or steel tracked or cleated equipment thereon. The method of protection must first be approved by the Department's District Engineer.

4. The utility owner shall not use or cause to be used, heavy equipment on soft shoulders or unsurfaced right-of-way areas during wet or bad weather in the initial construction or during normal servicing when such use would cause excessive damage to the shoulders or unprotected right-of-way areas.

5. The utility owner will not track mud onto the roadway surface under any circumstances. The utility owner shall take steps to eliminate dust along State Highways during the construction period. If, in the opinion of the Department's District Engineer or his representative, dust is excessive, the utility owner shall immediately take necessary action to resolve the problem.

6. Care shall be taken in utility installations to avoid disturbing existing highway drainage facilities.

7. Trenches for utility installations shall be backfilled with pervious material, and outlets shall be provided for entrapped water so as to avoid even temporary ponding or excess subbase saturation. Underdrains should be provided where necessary. No jetting or puddling shall be permitted under the roadway. (See Figures 8 and

8. The highway right-of-way shall not be used as a material storage area or for maintenance of vehicles or parking of equipment and/or vehicles.

9. Blasting will not be permitted on highway right-of-way except with specific approval of the Department's District Engineer.

10. All non-metallic buried facilities placed on highway right-of-way either parallel to or crossing the roadway, shall have an approved identification wrap of detectable tape or wire in order that the facility can be located by metal locators or other suitable devices.

11. All highway rights-of-way in the State Highway System are being monumented with permanent orange triangular metal markers. Should any markers be damaged during a utility's work operation, the responsible party must notify the Department's District Engineer who will re-establish the monument and bill the Utility Owner for the cost. (See Figure 14)

When the removal of a section of the right-of-way or control of access fence has been approved by the Department, the fence must be reinstalled as soon as possible and to the satisfaction of the Department's District Engineer.

13. When new and/or relocated utility facilities are located or constructed along, on, or across a freeway the location and future servicing of such facilities shall comply with the AASHTO policy set forth in "A Policy on the Accommodation of Utilities Within Freeway Rights of Way" (current issue). This policy shall also be used as a guide for access routes and restrictions for servicing as appropriate on all highways with partial control of access.

14. Servicing of utilities which are installed solely for operating freeway facilities shall not be performed directly from through traffic lanes or ramps, and the utility shall exercise extreme caution in using the freeway as a route of access to the proximity of the utility service area to avoid any hazard or interference to the safe and free movement of traffic on the freeway during such utility access and operations.

15. The area disturbed by utility construction, or maintenance, shall be kept to a minimum. The utility owner shall restore all highway right-of-way to as good or better condition than before. Restoration methods shall conform to Highway Department standard specifications and/or special provisions in permits and use and occupancy agreements. Restoration work must be approved by the Department.s District Engineer.

16. Work on any buried utility line crossing under highway bridges shall not be started until all material and equipment are available for immediate use. When the work is started, it must be completed as soon as possible. Trenches under highway bridges shall not be left open when work is not being performed. Where work under a bridge involves disturbing existing rip rap, (specific approval required) the rip rap must be restored to equal or better condition and is subject to the approval of the Department's District and/or Bridge Engineer.

SECTION 3

UNDERGROUND UTILITY INSTALLATIONS

CROSSINGS

Crossings may be ENCASED or UNCASED as determined by specific conditions of the Utility, the Department, or type of highway facility.

1. ENCASED:

(a) Casing shall be designed to support the load of the highway and superimposed loads thereon and, as a minimum, shall equal the structural requirements for highway drainage facilities. Casings should be composed of materials of satisfactory durability under conditions to which they may be subjected.

(b) Casings shall have a minimum of three feet (36") cover to the top of the pipe below the parallel ditch lines or 3 1/2 feet (42") below the top of the highway subgrade, whichever gives the greater cover. Casing should extend the full width of the right-of-way but as a minimum must extend three feet beyond the flowline of parallel ditches, toe of the foreslope, or back of curbs as applicable for the highway section. (See Figure 9)

2. UNCASED

(a) Uncased carrier pipe shall provide sufficient strength to withstand the internal design pressure and the dead and live loads of the pavement structure and traffic. Additional protective measures should include:

(1) Greater depth of cover (minimum of four (4) feet).

(2) Increased wall thickness/higher strength steel.

(3) Adequate coating and wrapping.

(4) Radiograph testing of welds.

(5) Hydrostatic testing.

(6) Cathodic protection.

(7) Other measures as required by Title 49 CFR, Part 192, or Part 195.

(b) Length of additional -protection should extend the full width of the right-of-way but as a minimum must extend three (3) feet beyond the flowline of parallel ditches, toe of foreslope or back of the curb as applicable for the highway section. (See Figure 10)

3. ALLIED MECHANICAL PROTECTION

When existing underground utility facilities are permitted to remain in place, suitable bridging, concrete slabs, or other appropriate measures may be used for protection, when by reason of shallow bury the facility may be vulnerable to damage from highway construction or maintenance operations. (See Figures 12 & 13)

4. CROSSING METHODS

(a) The angle of crossing should be as near to normal to the highway alignment as practical.

(b) Crossings may be made by boring, jacking, tunneling, or open cut.

(c) Boring shall be by the Dry Bore method. Wet boring is not permitted.

(1) Dry bores should be augered progressively ahead of the leading edge of the advancing pipe as spoil is augered or mucked back through the pipe. Annular void and over-breaks should be minimized by having cut-terhead sized closely to pipe diameter and the pipe advanced with cutterhead in close proximity. Overbore should not exceed 5 percent of the pipe diameter. Water used to lubricate or cool bits must be done using a pressure gauge. Water pressure at the bore or auger head shall not exceed 10 psig in this operation.

(2) Wet Boring as defined for the purpose of this policy is the use of water under high pressure and pressure exceeding 10 psig is considered to be a wet bore.

(d) Bore pits should be placed outside the highway right-of-way when practical, but in no case shall be placed less than 30 feet from the outer edge of the shoulder. Bore pits shall be located and constructed in such a manner as to not interfere with footings of highway structures, safe roadside clearance or traffic operations. If necessary, shoring will be utilized,

(e) Crossings of the highway through drainage structures (box or pipe culverts) are not permitted.

5. OPEN CUT

(a) Cutting of paved highways is not permitted except under certain circumstances. Conditions where open cuts of the pavement may be permitted are:

(1) Utility adjustments made for a highway reconstruction project,

(2) Urban highways where longitudinal lines are located under the pavement.

(3) When it is determined that boring is not possible.

(b) Cutting of gravel highways may be permitted.

6. BEDDING AND BACKFILL (under existing or proposed roadway).

(a) Bedding shall be placed to a depth of 6" or half the diameter of the pipe whichever is the least.

(b) Backfill shall be placed in 4" layers, loose measurement, each compacted by mechanical tamping with controlled moisture. (See Figure 8)

(c) Bedding and backfill shall consist of fine granular material free of lumps, clods, stones or other debris.

(d) Consolidation of backfill by saturation or ponding with water shall not be permitted.

(e) Backfill for bore pits shall be placed in 8" layers, loose measurement, thoroughly compacted to match grade and density equal to or exceeding the surrounding undisturbed soil,

LONGITUDINAL TRENCHING AND BACKFILL

1. Utility locations parallel to the pavement should be placed at/or adjacent to the right-of-way line to minimize interference with highway operations. As a maximum lateral location shall be no more than five (5) feet from right-of-way line unless otherwise approved by the Utilities Section. The locations of all longitudinal installations shall be reviewed by the Highway Department to ensure that the proposed utility facilities will not interfere with existing or planned highway facilities or with highway maintenance and operation. (See Figure 2)

2. Trenches normally should have vertical sides where soil and depth conditions permit, and should have a maximum width of outside diameter of pipe plus two (2) feet. Adequate measures must be taken to prevent cave-ins in accordance with OSHA regulations.

3. Backfill of longitudinal trenching shall be placed in 8" layers, loose measurement, and compacted to densities equal to that of the surrounding soil. (See Figure 11)

4. Grade on all highway drainage ditches must be maintained and erosion control provided where necessary as specified by the Department's District Engineer. Aggregate, sod or surfacing shall be replaced or restored to its original or equivalent condition to the satisfaction of the District Engineer.

GAS AND LIQUID PETROLEUM PIPELINES

1. DEPTH OF COVER

Only distribution lines providing natural gas service will be permitted longitudinally within the highway right-of-way and shall have a minimum depth of cover of 30 inches. Longitudinal installations of transmission type facilities will not be permitted.

2. CROSSINGS

(a) Encased pipeline crossings shall have a minimum depth of cover of 3 6 inches below the ditches or 4 2 inches below the top of highway subgrade whichever gives the greater cover. (See Figure 9)

(b) Uncased pipeline crossings shall have a minimum depth of cover of 48 inches below the ditches or the top of highway subgrade whichever gives the greater cover, (See Figure 10)

3. VENTS

One or more vents shall be provided for each casing or series of casings. For casings longer than 150 feet vents should be provided at both ends. On shorter casings a vent should be located at the higher end with a marker placed at the lower end. Vents shall be placed at the right-of-way line immediately above the pipeline, situated to not interfere with highway maintenance or be concealed by vegetation. Ownership of the lines shall be clearly shown on a sign attached to the vent pipe,

4. MARKERS

The utility company shall place a readily identifiable and suitable marker at each right-of-way line where it is crossed by any gas or liquid petroleum line except where marked by a vent. Ownership of lines shall be clearly shown on a sign attached to the marker. Markers are not required for service line crossings.

APPURTENANCES

Above ground appurtenances such as meters, regulators, etc. should be located outside the highway right-of-way.

6. VALVE BOXES

Valve box covers must be flush with the ground and/or pavement surface as applicable.

WATER LINES

1. DEPTH OF COVER

Longitudinal water line installations on highway right-of-way shall have a minimum depth of cover of 3 0 inches.

2. CROSSINGS

Encasement is required on all water lines crossing the highway and shall have a minimum depth of cover of 3 6 inches below the ditches or 42 inches below the top of highway subgrade, whichever gives the greater cover. (See Figure 9)

3. MARKERS

A marker bearing the name of the utility owner shall be placed at each right-of-way line where it is crossed by a water line two inches or larger in diameter. Markers are not required for searvice line crossings. Markers for longitudinal lines must be located at the right-of-way line,

4. METERS

Customer meter settings should be located outside the highway right-of-way.

5. VAULTS

It is preferable that any appurtenances requiring a vault such as master meters, pressure reducers, etc. be located outside the highway right-of-way.

6. FIRE HYDRANTS

In rural areas fire hydrants and/or blow-off valves shall be placed at the right-of-way line, but in no case shall be placed in the Roadway Cross Section (See Figure 1) . In urban areas fire hydrants should be placed at the right-of-way line but shall not be placed closer than five (5) feet to the curb. (See Figure 7)

VALVE BOXES

Valve box covers must be flush with the ground and/or pavement surface as applicable.

SANITARY SEWER LINES

1. DEPTH OF COVER

(a) Longitudinal sewer lines (gravity flow and force mains) installed on highway right-of-way shall have a minimum depth of cover of 30 inches.

(b) Gravity flow and force main sewer line crossings shall have a minimum depth of cover of 36 inches below the ditches or 42, inches below the top of highway subgrade, whichever gives the greater cover.

2. CROSSINGS

(a) Lines to be operated under pressure (force mains) and those composed of materials not conforming to material or depth of cover requirements herein shall be encased. (See Figure 9)

(b) Gravity flow lines that can be installed by open trench across proposed highway construction areas, or lines to be bored across existing highways will not require encasement if other conditions herein are met. (See Figure 10)

3. MANHOLES

(a) Manholes on sewer line crossings preferably .should be placed outside the highway right-of-way. If this is not feasible, manholes may be permitted on highway right-of-way provided they are located at or near the right-of-way line and clear of the drainage ditch. (See Figures 4 & 5)

(b) In no case shall manholes be placed or permitted to remain in the pavement or shoulders of high volume roadways. Exceptions may be allowed at those locations on noncontrolled access highways in urban areas where necessary for existing lines which may be permitted to remain in place under existing or proposed roadways. Manholes may remain in place or be installed under traffic lanes of low volume roadways in municipalities provided measures are taken to minimize such installations and to avoid their locations at intersections as much as possible.

(c) All manhole covers shall be installed flush with the ground and/or pavement surface, whichever is applicable. Manholes shall have sufficient structural capacity to withstand vehicular loading. (AHTD Current Standards)

(d) Lift stations shall not be permitted on highway right-of-way.

UNDERGROUND ELECTRIC LINES

1. DEPTH OF COVER

(a) Longitudinal electric lines on highway right-of-way shall have a minimum cover of 30 inches.

(b) Electric lines crossing the highway shall have a minimum cover of 36 inches below the ditches or 42 inches below the top of highway subgrade, whichever gives the greater cover.

2. CROSSINGS

(a) Encasement shall be provided under center medians and from top of backslope to top of back-slope for cut sections or three (3) feet beyond the toe of slope for fill sections, or back of curb of all roadways including side streets. When crossing beneath the embankment of an overpass structure the encasement shall extend five (5) feet beyond the toe of slope or the top of backslope whichever is applicable. Encasement may be omitted under center medians where the width is appreciably greater than normal rural standards.

(b) Existing lines under roadways in urban areas and low-volume highways may be permitted to remain in place without encasement or extension of encasement if they are adequately protected either by extra depth or other means. (See Figures 12 & 13)

3. MARKERS

(a) A marker bearing the name of the utility owner shall be placed at each right-of-way line where it is crossed by an underground electric line.

(b) Markers for longitudinal lines must be located at the right-of-way line.

4. VAULTS

(a) It is preferable that electric vaults be located outside the highway right-of-way. When conditions warrant, electric vaults may be permitted within highway right-of-way.

(b) Straight line vaults are. the only type normally permitted within the right-of-way. Overall dimensions should be no larger than necessary to hold the equipment involved and for safety standards to be assured for maintenance personnel.

(c) The top of the vault shall have a minimum cover of four (4) feet below the ground surface. All manhole covers shall be installed flush with the ground and/or pavement surface, whichever is applicable. Manholes shall have sufficient structural capacity to withstand vehicular loading. (AHTD Current Standards) (See Figure 3)

5. LONGITUDINAL

Distance from the right-of-way line shall be no more than five (5) feet unless otherwise approved by the Utilities Section, On highways with frontage roads, such installation will be located between the frontage roads and the right-of-way line.

6. APPURTENANCES

(a) Above ground appurtenances installed as part of an underground electric line shall be located at or near the right-of-way line.

(b) Electric pad mounted transformers shall not be placed on highway right-of-way.

UNDERGROUND COMMUNICATIONS LINES

1. DEPTH OF COVER

(a) Longitudinal communications lines shall have a minimum depth of cover of 3 0 inches.

(b) Communication lines crossing the highway shall have a minimum depth of cover of 36 inches below the ditches or 42 inches below the top of highway subgrade, whichever gives the greater cover.

2. CROSSINGS

(a) Lines crossing highways do not require encasement except where in the judgment of the Department such encasement is necessary for the protection of the highway facility. Consideration should be given to encasement or other suitable protection for any communication facilities (a) with less than minimum bury, (b) near footings of bridges or other highway structures, or (c) near other locations where there may be hazards.

(b) When the installation of the line is to be accomplished by boring a hole the same or about the same diameter as the line and pulling it through, encasement is not necessary. Where such conditions cannot be met, encasement should be provided. The annular void between the drilled hole and the line or casing should be filled with a satisfactory material to prevent settlement of any part of the highway facility over the line or casing.

(c) Encasement shall be provided under center medians and from top of backslope to top of backslope for cut sections, or three (3) feet beyond the toe of slope for fill sections, or back of curb of all roadways including side streets. When crossing beneath the embankment of an overpass structure the encasement shall extend five (5) feet beyond the toe of slope or the top of backslope, whichever is applicable. Encasement may be omitted under center medians where the width is appreciably greater than normal rural standards.

(d) Existing lines under roadways in urban areas and low-volume highways may be permitted to remain in place without encasement or extension of encasement if they are adequately protected either by extra depth or other means, (See Figures 12 & 13)

3. MARKERS

(a) A marker bearing the name of the utility owner shall be placed at each right-of-way line where it is crossed by an underground communication line.

(b) Markers for longitudinal lines must be located at the right-of-way line.

4. LONGITUDINAL

(a) Lines may be placed by plowing or open trench method and shall be located on uniform alignment as near as practical to the right-of-way line.

(b) Distance from the right-of-way line shall be no more than five (5) feet unless otherwise approved by the Utilities Section. On highways with frontage roads, such installation will be located between the frontage roads and the right-of-way line.

5. APPURTENANCES

Above ground pedestals or other appurtenances installed as part of an underground communication line shall be located at or near the right-of-way line.

MANHOLES

(a) Manholes shall be limited to those necessary for maintenance. In no case shall manholes be placed or permitted to remain in the pavement or shoulders of high volume roadways. Exceptions may be allowed at those locations on noncon-trolled access highways in urban areas where necessary for existing lines which may be permitted to remain in place under an existing or proposed roadway. Manholes may remain in place or be installed under traffic lanes of low volume roadways in municipalities, provided measures are taken to minimize such installations and to avoid their locations at intersections as much as possible. Manholes shall have sufficient structural capacity to withstand vehicular loading (AHTD Current Standards).

(b) To conserve space within the right-of-way for highway and other utility services manhole dimensions should be the minimum acceptable for good engineering and safety standards. Manhole covers shall be installed flush with the ground and/or pavement surface whichever is applicable. The top of the roof of the manhole should be four (4) feet below ground level. If this depth cannot be achieved, sufficient data must be submitted to the Utilities Section for review and special consideration. (See Figure 3)

SECTION 4

OVERHEAD UTILITY INSTALLATIONS

POWER AND COMMUNICATIONS LINES

1. TYPE OF CONSTRUCTION

(a) Longitudinal lines on the right-of-way shall be limited to single pole construction. Joint use single pole construction is suggested and is required where practical.

(b) When an existing or proposed utility crossing is supported by "H" frames, towers, etc, the same type structures may be utilized for the crossing provided all other requirements herein are met.

2. VERTICAL CLEARANCE

The minimum vertical clearance for overhead communication and power line's above the highway shall not be less than 18 feet. Greater height may be required by the National Electric Safety Code or any other regulatory agencies having jurisdiction.

3. LOCATION

(a) In rural areas and at uncurbed sections in urban areas, poles supporting longitudinal lines shall be located at/or near the right-of-way line. (See Figure 2) At the option of the Department this distance may be varied at short breaks in the right-of-way. At curbed sections in urban areas, poles shall be located a minimum of five (5) feet behind the roadway curbs and preferably adjacent to the right-of-way line, (See Figure 6)

(b) Guy wires placed within the right-of-way shall be held to a minimum and should normally be in alignment with the pole line. Push braces and guy wires shall not be installed from the pole toward the roadway. When special conditions warrant, exceptions may be made by the Department when it is determined that such guying installations do not compromise either the safety of the traveling public or maintenance of the highway right-of-way,

(c) At crossings, no poles will be permitted in the center median of any highway. Poles may be placed more than one (1) foot inside the right-of-way when necessary to maintain maximum span distances provided the proposed locations would not violate the intent of this policy.

(d) As a general rule, overhead power and communication line crossings at bridges or grade separation structures should be avoided. If rerouting the line completely around the structure and approaches is not feasible, a minimum horizontal distance and/or minimum vertical clearance should be provided to insure adequate safety for construction and maintenance operations of the structure,

SECTION 5

INSTALLATIONS ON HIGHWAY STRUCTURES

HIGHWAY STRUCTURES

1. The attachment of utility lines to bridges and overpass structures is discouraged, as they could materially affect structural characteristics, the safe operation of traffic, the efficiency of maintenance, and the appearance of the structure. Therefore, when it is feasible and reasonable to locate elsewhere, attachment to structures will not be allowed.

2. When other arrangements for utility lines to span an obstruction are not feasible, the Department may consider an attachment. Each attachment will be considered on an individual basis and permission to attach will not be considered as establishing a precedent for granting of subsequent requests. The following guides are established for attachment of utilities to structures:

(a) When a pipeline is encased, the casing shall be effectively opened or vented at each end to prevent possible build up of pressure and to detect leakage of gases or fluids,

(b) Shut-off valves, preferably automatic, shall be installed in lines at or near the ends of structures unless segments of the lines can be isolated by other sectionalizing devices within a reasonable distance.

(c) When a casing is not provided for a pipeline, additional protective measures shall be taken, such as employing a higher factor of safety in the design, construction and testing of the pipeline than would normally be required for cased construction.

(d) Communication and electric power lines shall be suitably insulated, grounded and preferably carried in protective conduit or pipe from the point of exit from the ground to re-entry. The cable should preferably be carried to a manhole located beyond the backwall of the structure,

(e) Carrier and casing pipe for other utilities should be Suitably insulated from electric power line attachments.

(f) All attachments will be made in such manner as not to interfere with the stream flow, highway traffic or routine maintenance.

(g) Electrical transmission lines (35 KV or higher) will not be permitted on any bridge or highway structure.

(h) The utility owner shall provide for the lineal expansion and contraction of its facility due to temperature differentials between the utility facility and the structure.

(i) The utility owner shall be required to provide for restoration; (i.e. insurance) or repair any portion of a bridge, structure, or other highway facility disturbed or damaged by utility installation, maintenance or use.

(j) Utility mountings shall be of a type, design, and material which will effectively muffle vibration noise.

(k) Any maintenance, servicing or repair of utility lines shall be the responsibility of the utility owner,

3. When a utility tunnel within a bridge structure is utilized, mutually hazardous transmittants, such as fuels and electric energy, must be isolated by compartments or separate encasements,

4. When a utility owner requests permission to attach a pipeline to a proposed bridge and the added load is sufficient to require an increase in the strength of the structure, or use of more costly materials or type of construction, the utility owner is required to pay for the increase in cost.

5. When a utility owner requests permission to attach a pipeline to an existing bridge, sufficient information must be furnished to allow a stress analysis to determine the effect of the added load on the structure. Other details of the proposed attachment as they affect safety and maintenance should also be presented. If the bridge structure is not of adequate strength to carry the increased weight or forces with safety, permission will not be granted,

The Department assumes no responsibility to or for the utility owner in any respect in connection with a bridge attachment. The Department may. cancel any permit for bridge or highway structure attachment for cause, allowing the utility owner a reasonable time to make arrangements to continue utility service. The utility owner shall assume all costs associated with such relocation and/or removal.

7. The utility owner may discontinue the use. of the highway structure at any time.

8. Any utility line so abandoned must be removed by the utility owner. If the owner fails to remove the abandoned utility facilities the Department may do so at the expense of the utility owner.

9. The Department must be notified prior to the abandonment and removal of the utility line.

SECTION 6

IRRIGATION AND DRAINAGE FACILITIES

GENERAL

1. Irrigation and drainage facilities installed across any highway right-of-way shall be designed and constructed in accordance with Departmental standards for highway culverts or bridges. All such crossings shall extend the full width of the right-of-way and have a minimum of 36" of cover below the flowline of the highway drainage, ditches.

2. Longitudinal ditches and canals which would closely parallel the highway shall not be permitted nor will any appurtenances be permitted within the clear recovery area which would constitute a hazard to traffic.

Extreme care shall be exercised in the location of levee roads or ditch rider roads where they intersect the highway to avoid establishing any hazards at points of critical sight distance.

SECTION 7

PERMIT PROCEDURES

APPLICATION FOR PERMITS

1. Under Arkansas Statutes utility owners are required to secure a permit for any construction, maintenance or related work on State Highway rights-of-way or property,

2. Utility permit applications must be submitted to the appropriate Highway District Engineer. The written application must include the following:

(a) Four sets of plans with crossing profile, when applicable.

(b) Type and description of the facility,

(c) Location with reference to highway stationing, or well known permanent landmarks (i.e. road or street intersection, bridge, etc.)

(d) The measured distance from the right-of-way line, the centerline and the edge of pavement of the highway,

(e) A traffic control plan.

3. All permits shall constitute a binding contract; therefore proxy applications, verbal or unsigned requests will not be valid.

DEPOSIT OR BOND

A deposit or bond to guarantee restoration of highway rights-of-way or property is required prior to the issuance of a permit.

ACCEPTANCE OF PERMIT

Work performed under a permit shall constitute full acceptance of all applicable requirements, laws, rules, regulations and the specific terms and provisions as set forth in or attached to the permit.

TRANSFER OF OWNERSHIP

If a change in ownership takes place, the new owners shall give written notice of such change to the Utilities Section as soon as possible.

RIGHT TO REVOKE

The Director of Highways is hereby authorized to revoke or annul a permit or agreement, subject to giving the utility owner reasonable notice, for the following:

(a) Failure to comply with the provisions of this policy.

(b) Failure to comply with the terms and conditions of the permit or agreement.

(c) If the utility occupancy becomes an interference to the use of the highway right-of-way for highway purposes.

EMERGENCY CONDITIONS

In the event of conditions where immediate action by the utility owner is necessary for the protection of persons or property, or to minimize damage to or loss of utility or highway property, the utility, at its own responsibility and risk, may make necessary repairs and shall notify the Highway District Engineer or Utilities Section of such work as soon as practicable.

UTILITY OWNERS RESPONSIBILITY

To notify the District Engineer three (3) days prior to beginning work.

2. To maintain a copy of the Utility Permit on the job site throughout the work period. Violation of this requirement may cause work stoppage.

3. To make sure that work is done in accordance with the approved permit and, unless prior approval is given by the Utilities Section, any installation which deviates from the approved permit is subject to removal from the highway right-of-way.

4. To notify the Department's District Engineer upon completion of the installation for a final inspection and release of the bond.

DEPARTMENTAL RESPONSIBILITY

It is the responsibility of the Utilities Section, Right of Way Division to make all arrangements, written or verbal, for the accommodation of utility facilities on state highway rights-of-way.

2. Verbal approvals will be made only for emergency or extreme hardship situations.

3. It is the responsibility of the Department's District Engineer to:

(a) Recommend permits for approval.

(b) Set bond amounts.

(c) Provide inspections as needed to assure that utility installations are done in accordance with approved permits.

(d) Make final inspection of the work area restoration and recommend release of the bond.

SECTION 8 MISCELLANEOUS

PRIVATE UTILITY FACILITIES

Permits will be issued to private owners for highway crossings only. Longitudinal installations within the highway right-of-way are not permitted. Any such request will be referred to the Department's Chief Counsel for a legal opinion as to whether the proposed private use of highway right-of-way is in violation of State Law. Any approved use of highway right-of-way by private owners must meet all applicable provisions of this policy.

HIGHWAY LIGHTING

Requests for permits to install or renovate highway lighting systems by electric utilities or municipalities shall be treated as special cases. Each request shall be referred to the Department's Traffic Services Division for review and recommendations as to acceptability of the design, adequacy of lighting, and safety factors. In addition the permit must meet the other applicable provisions of this policy.

CORRECTION OF HAZARDOUS INSTALLATIONS

When it becomes evident that an existing utility facility has become a hazard to the safe operation of a highway facility, the Department shall require the utility owner to correct the condition.

GENERAL

Various types of utilities not specifically covered herein shall be considered within the provisions of this policy in accordance with the nature of the utility. It shall be a general practice to consider all lines carrying caustic, flammable, or explosive materials under the provisions for high pressure gas and liquid fuel lines.

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ROADWAY CROSS SECTION

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TYPICAL SECTION

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TYPICAL RURAL SECTION

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TYPICAL URBAN SECTION

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TYPICAL SECTION OF REPAIR FOR UTILITY CUT ON PAVED HIGHWAYS

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NOTE:

(1) CASING SHALL EXTEND A MINIMUM OF THREE FEET (3') BEYOND THE FLOW LINE OF PARALLEL DITCHES, TOE OF THE FORESLOPE, OR FACE OF CURB AS APPLICABLE FOR THE HIGHWAY SECTION.

(2) . ENCASEMENT MAY BE OF METALLIC OR NONMETALLIC MATERIAL.

(3) . THE STRENGTH OF THE ENCASEMENT MATERIAL SHALL EQUAL OR EXCEED STRUCTURAL REQUIREMENTS FOR HIGHWAY DRAINAGE CULVERTS.

(4) . MARKER: A MARKER BEARING THE UTILITY OWNERS NAME SHALL BE PLACED AT EACH RIGHT OF WAY LINE WHERE CROSSED. (Not required for service lines).

(5) . OWNERSHIP OF THE LINES SHALL BE SHOWN ON VENTS.

(6) . CASING PIPE SHALL BE SEALED AT THE ENDS WITH A FLEXIBLE MATERIAL.

TYPICAL CROSSING (ENCASED)

NOTE:

GENERAL BACKFILL: CONSISTING OF GENERAL SPOILAGE FROM TRENCH EXCAVATION FREE OF LARGE ROCKS, CLUMPS, TRASH AND DEBRIS.

2. COMPACTION OF BACKFILL BY SATURATION OR PONDING WITH WATER SHALL NOT BE PERMITTED.

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TYPICAL SECTION OF LONGITUDINAL TRENCH

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EXAMPLES OF PROTECTION OF EXISTING PIPELINES

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EXAMPLES OF ENCASEMENT AND ALLIED MECHANICAL PROTECTION

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STANDARD RIGHT-OF-WAY MARKER

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PRUNING SUGGESTIONS

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PART II REIMBURSEMENTS FOR UTILITY RELOCATIONS AND ADJUSTMENTS

PURPOSE

To prescribe the policies and procedures for reimbursement of eligible utility costs associated with the relocation and adjustment of utility facilities on state highway construction projects. To authorize the Utilities Section of the Right of Way Division of Arkansas State Highway and Transportation Department to make all contractual arrangements with Utility Owners.

AUTHORITY

Federal Highway Program Manual Vol. 6, Chapter 6, Section 3, Sub-Section 1 (FHPM 6-6-3 -1), as amended and supplemented, adopted by reference herein with the same force and affect as if recited at length. Determination of reimbursement eligibility pursuant to applicable State Law, Statutory, and Case is generally interpreted by the Highway Department's Legal Counsel.

APPLICABILITY

This applies to all utility owners with facilities affected by a highway construction project.

DEFINITIONS

1. UTILITY (Public)

A privately, publicly, or cooperatively owned facility which directly or indirectly serves the general public. The term utility shall also mean the utility company inclusive of any wholly owned or controlled subsidiary.

2. UTILITY (Private)

A privately owned facility devoted solely to private use and not directly or indirectly serving the general public.

3. RELOCATION

The adjustment of utility facilities required by a highway project. It shall also mean the construction of a functionally equivalent replacement facility necessary for continuing operation of the utility service, the project economy, or sequence of highway construction.

ELIGIBILITY

A utility owner having the right of occupancy in the existing location because of holding the fee, an easement, or other real property interest the damaging or taking of which is compensable in eminent domain, is considered eligible for reimbursement. The general criteria for determining eligibility for reimbursement for relocation costs shall be applied on the basis of the factual location of the existing utility facility in relation to existing highway right-of-way.

REIMBURSABLE

Existing utility facilities located on private property, street right-of-way of any incorporated Town or City, or County Road, dedicated urban development road, and/or private road rights-of-way which were not a part of or on the State Highway System at the time the facilities were installed, shall be considered eligible for reimbursement.

2. NON-REIMBURSABLE

Utility facilities presently located on existing state highway right-of-way by permit or unwritten consent of the Highway Department shall be considered as not eligible for reimbursement.

PRELIMINARY ENGINEERING

Initial authorization on highway projects is for preliminary engineering by the utility owner's personnel (force account), the cost of which will be included in the subsequent relocation agreement.

When the utility is not adequately staffed with technical personnel or the present work load would be prohibitive to perform the necessary preliminary engineering, a consulting engineer may be employed by the utility owner. If any part or all of the consultant's fee is eligible for reimbursement, the Utility Owner must submit a written request to the Utilities Section requesting approval for the use of a Consultant.

Preliminary engineering costs are reimbursable to the utility owner only to the extent that the existing utility facilities required to be adjusted are eligible for reimbursement.

See Appendix I - "UTILITY ENGINEERING BY CONSULTANT".

RIGHT OF WAY

A utility facility located on private right-of-way or easement (outside the existing highway right-of-way) is considered to be eligible for reimbursement of the cost of replacement right-of-way. Copies of an. easement or affidavit verifying the utility owner's right of occupancy must be submitted with the request for reimbursement. There will be no charge to the Highway Department for that portion of the utility owner's existing right-of-way being transferred to the Department for highway purposes.

AGREEMENTS AND AUTHORIZATIONS

After notification by the Utilities Section of an impending highway project, the Utility Owner is obligated to make the necessary arrangements for planning and accomplishing the relocation work required by the highway construction. The Utility Owner is responsible for the design and integrity of the utility facilities to be installed within highway right-of-way, in accordance with PART 1 "Utility Accommodation Policy".

The Utility Owner's responsibilities include but are not limited to the following functions:

Determination of any and all conflicts the existing utility facilities have with the proposed highway construction.

2. Preparation of detailed cost estimates and plans providing for the adjustment or relocation work required to clear the highway construction. This information shall include sufficient detail to provide the Utilities Section a reasonable basis for analysis.

3. Determination of whether the work will be accomplished by force account or let to contract to the lowest qualified bidder.

a. FORCE ACCOUNT WORK

All work would be done by the Utility's own personnel.

b. CONTRACT WORK

A contract would be awarded to the lowest qualified bidder based on an appropriate solicitation.

In some instances a combination of force account and contract labor may be required. Work normally done for a Utility Owner by a contractor under an existing continuing contract may be acceptable, provided the established rates are reasonable.

See Appendix II - "PREPARATION OF COST ESTIMATES AND ADJUSTMENT PLANS".

After the Utilities Section has reviewed and approved the cost and plan information, work authorization will be given either by Permit or Relocation Agreement.

PERMITS

Issued for nonreimbursable adjustments.

2. AGREEMENT (Lump Sum)

May be used when the estimated reimbursable cost is $25,000.00 or less and is mutually acceptable to the Utility and the Department, except that utility work let to contract cannot be a lump sum agreement. Confirmation by audit of actual costs is not required on Lump Sum Agreements.

3. AGREEMENT (Actual Cost)

Estimated reimbursable costs exceeding $25,000.00 must be done on an actual cost basis, except that Lump Sum Agreements in excess of $25,000,00 may be approved when it is determined that this method of developing costs would be in the best interest of the public. Actual Cost Agreements are subject to audit by the Department and the Federal Highway Administration.

CONSTRUCTION

After issuance of work authorization by the Utilities Section, the utility owner is expected to begin the adjustment work within a reasonable time and to exercise due diligence to complete the work without delay or interference to the highway contractor's operation.

All utility work shall be done in accordance with the approved agreement, plans and specifications. Any deviation in the scope of the work must have written authorization from the Utilities Section prior to the implementation of the change in order for the cost to be eligible for reimbursement.

In cases where undue delays to the highway project might be caused, verbal authorization for such changes may be given by the Utilities Section subject to submission and approval of revised plans and estimate as needed to prepare a written authorization.

Utility Owners shall notify the designated District Engineer in writing not less than three (3) days prior to starting work in order that observation and inspection of the work may be provided and shall periodically inform him of the progress of the work. The Utility Owner shall notify the Department's Engineer on the date the work is completed so that a final inspection may be scheduled.

INSPECTION

The inspection process is the responsibility of the Resident Engineer assigned to a project under the jurisdiction of the District Engineer.

It is essential that there be field verification of the reimbursable utility work done in order to certify the utility billing for payment.

1. ACTUAL COST AGREEMENT

In order to substantiate the final actual cost of the work performed, the Engineer is required to keep daily inspection records verifying materials, labor and major items of equipment used. The Engineer must also certify that the work is complete, acceptable and in accordance with the agreement.

2. LUMP SUM AGREEMENT

Daily inspection records are not required to verify the final actual cost on lump sum agreements; however, it is necessary that the Engineer certify the work is complete, acceptable and in accordance with the approved agreement.

3. PERMITS

It is necessary that the Engineer inspect any utility work being performed to verify its compliance with the approved permit.

BILLING

Upon completion of the adjustments the Utility Owner shall provide, in accordance with the terms of the agreement, one final and complete billing of the actual costs incurred, or the agreed-to lump sum amount, at the earliest practicable date, but not later than six (6) months after the work is completed.

1. ACTUAL COST AGREEMENT

a. Written certification by the Utility Owner that the work has been done in accordance with the provisions of the approved agreement.

b. Three (3) copies of the final billing invoice complete with supporting detail.

c. One (1) set of the as-built plans.

If requested by the Utility Owner, intermediate progress payments of 90% of eligible billed costs may be made, provided the billed amount is $5,000.00 or more. Such payments shall be made at no more than monthly intervals and shall cover only work completed to date, but may include payments for materials on hand.

2. LUMP SUM AGREEMENT

a. Written certification by the Utility Owner that the work has been done in accordance with the provisions of the approved agreement.

b. Three (3) copies of the final billing invoice in the exact amount of the agreed lump sum.

c. One (1) set of as-built plans.

See Appendix III - "ACCOUNTING INSTRUCTIONS AND RECORD REQUIREMENTS."

UTILITY ENGINEERING BY CONSULTANT

Under certain circumstances when a utility is unable to perform the Engineering work because it is not adequately staffed with technical personnel or the present work load would be prohibitive to perform the Engineering services with its own forces, a Consulting Engineer may be employed by the utility.

If any part or all of the consultant's fee is eligible for reimbursement, the Utility Owner must submit a written request to the Utilities Section requesting approval for the use of a Consultant.

Consultant Engineering costs are reimbursable only to the extent that the existing facilities are determined to be eligible.

Consultant Engineering fees must be based on actual cost, with a fixed amount for profit, and having a fixed upper limit for the total fee.

Preliminary Phase Engineering fees may be handled by lump sum reimbursement when the work is clearly defined and the fee relatively small. However, a breakdown of the fee is required.

Construction Phase Engineering fees must be handled on the actual cost basis.

It is recommended that consultant fees for reimbursement be based on the hourly base rate for each job classification with current percentages for payroll expense and general overhead expense being applied to the total direct labor cost.

PRELIMINARY ENGINEERING PHASE PROCEDURES

1. The utility owner will be authorized to have the consultant proceed with preparing a sketch, preliminary engineering fee estimate, and contract with the utility owner. The Engineer's fee shall not be based on a percentage of the cost of relocation.

2. These documents plus the consulting engineer's certification will need to be submitted in six (6) copies for approval by the Utilities Section,

3. The Utilities Section will then prepare a Preliminary Engineering Agreement with the utility owner. The consultant will be required to begin and complete the Preliminary Engineering contractual obligations within a specified time.

4. Following proper execution of the Highway Department/ Utility Owner Preliminary Engineering Agreement, the Utilities Section will issue a Preliminary Engineering Work Order to the utility owner authorizing the Consultant to begin the Preliminary Engineering phase of the work encompassing the following.

a. Field surveys and investigations; including any and all work to secure the proper information to prepare plans, specifications, cost estimates and necessary easements.

b. Preparation of complete and detailed plans of the existing and proposed facilities with an itemized cost estimate for the relocation work.

c. Preparation of contract documents and specifications incident to the Advertisement of bids. One (1) copy of the specifications for form approval only are required in the initial submittal.

d. Submission of all necessary documents through the UtilitY Owner to the Utilities Section and to other agencies having jurisdiction when required; e.g. (Arkansas State Health Department).

After approval of the cost estimate and plans, a Highway/Utility Relocation Agreement will be prepared and submitted to the Utility Owner for execution.

After receiving the fully executed agreement, the Utilities Section will authorize the Utility Owner to proceed with advertising for bids and acquisition of necessary right-of-way.

After the bids have been opened, the Utility Owner will submit one copy of each bid received and the bid tabulation sheet to the Utilities Section with a request for the Department's concurrence in award of the contract to the lowest qualified bidder.

After concurrence, the Utility Owner shall submit five (5) copies of the executed contract and five (5) sets of the completed specifications to the Utilities Section.

After these documents have been received, the Utilities Section will issue a Contract Work Order to the Utility Owner.

This completes the Preliminary Engineering Phase.

NOTE: If the utility construction work is to be performed by the Utility Owner's personnel, the construction work order will be issued to the Utility Owner following execution of the Highway/Utility Relocation Agreement and the contract letting process dispensed with.

CONSTRUCTION ENGINEERING PHASE PROCEDURES

Supervision and inspection by the Consultant during the construction work will be considered as a part of the Highway/Utility Relocation Agreement and reimbursed separately from the Preliminary Engineering Agreement; and will consist of but not be limited to the following:

1. Field staking for locations and grades of the relocated work.

2. Supervision and inspection of the construction work.

3. Preparation and calculation of periodic estimates (if requested).

Preparation and submission of change orders (if required).

5. Coordination with Department and Utility Owner representatives.

Preparation and submission of final billing and one (1) complete set of as-built plans.

PREPARATION OF COST ESTIMATES AND ADJUSTMENT PLANS TO SUPPORT HIGHWAY/UTILITY AGREEMENTS

When all or part of the cost of required adjustments of a Utility Owner's facilities is determined to be reimbursable, the Utilities Section shall be furnished the following:

1. Six (6) copies of a detailed cost estimate.

2. Six (6) sets of detailed adjustment plans.

3. A letter transmitting the cost estimate and plans which includes statements to indicate:

a. How many days, after being authorized, it will take to begin the work.

b. The number of working days required to complete the adjustment work.

c. That "no arbitrary percentages or amounts have been added to cover assumed costs."

MINIMUM REQUIREMENTS FOR A COST ESTIMATE

The estimate of cost should be detailed in accordance with Utility Work Order Procedures and Policies of the applicable Federal, State, or Local regulatory body setting up the accounting system or the utility's own accounting procedure approved in advance by the Highway Department.

The elements or components of a cost estimate should comprise:

a. Preliminary Engineering costs

b. Utility Right-of-Way Cost

c. Cost of Replacement Facility, with Betterments

d. Cost of Removal of replaced facility

e. Cost of restoring removed material to usable condition (if applicable).

f. Credit for material returned to stores or salvageable material.

g. Credit for Plant Betterments (improvements in the utility facility not necessitated by the highway construction).

In the respective components, all items of labor, material, and equipment should be itemized to show quantity, type, unit cost, and extended cost, and be summarized by the various categories and recapitulated to produce the net estimated cost of the adjustment.

Preliminary Engineering costs, utility right-of-way costs (including clearing), and construction supervision and inspection costs are to be shown as separate items.

If overhead cost amounts are determined by using percentage factors, labor loadings, or some other similar method, an analysis of the basis for overhead cost computations setting forth the elements of overhead costs accumulated in the computations must be furnished.

Generally, the adjustment in the facilities of a utility will be accomplished by company forces (force account). When certain items of the adjustment are to be performed by contract forces, costs covering these items shall be shown separately in their respective categories.

The reimbursement eligibility ratio, if adjustment costs are less than 100% eligible for reimbursement, should be developed, explained, and then applied in the estimate to show the proportionate costs of the adjustment to be borne by the utility and the Highway Department.

MINIMUM INFORMATION NEEDED ON ADJUSTMENT PLANS

1. Be drawn to scale: (In this connection most utility owners trace or reproduce the applicable portions of the plans and profile prints furnished by the Highway Department and add the necessary detail and notations to portray accurately the proposed adjustment in the facilities as directly oriented with the highway construction plans).

2. Show the existing and proposed highway right-of-way and distances from the centerline of survey.

3. Show highway centerline stations at 100 foot intervals and station number designations at 500 foot intervals.

4. Show the existing and proposed facilities clearly referenced to the highway survey centerline stations.

5. Show quantity, size, class, and dimensions of all major items of material.

6. Show, in appropriate symbol and plan location, all major facilities existing, relocated and retired, and indicate reimbursement eligibility status of each existing facility.

7. Have legend indicating the symbol used for the various types of facilities, work to be done, and reimbursable status.

8. Show proposed Plant Betterments to be made for the convenience of the utility either by word or symbol at the appropriate locations.

9. Show control of access lines as well as right-of-way lines on fully controlled access facility projects.

10. Show a "North Arrow" to indicate true cardinal directions, and show in a title block the utility's name, the highway project designation by Job No., FAP No., and Job Name as indicated on the Title Sheet of the Highway Project Plans.

11. Show, where facilities are jointly used such as power and telephone poles, the ownership of the structures as well as the "joint user."

12. Show, where an adjustment is to be made in a pipeline crossing, a profile of the crossing and, in the case of power or telephone line crossings, the minimum clearance after adjustment above the road surface.

13. Show by narrative description the work to be done; i.e. Replace 35'/5 with 45'/4 pole, or remove 35'/S pole; install 45'/5 pole; remove 75 feet 4W No. 2 BCU Sec. (Remove 75 feet of 4 Wire No, 2 Bare Copper Secondary) Install 1 span (270') 3W No, 6 BHDCU Sec. (Install 1 span 270 feet of 3 wire No. 6 Bare Harddrawn Copper Secondary;) Lower 200 feet of 24" O.D. carrier pipe and install 160 feet of 30" O.D. split steel casing, etc.

14. Traffic control plan as appropriate.

When the cost of a required adjustment is to be solely at the Utility Owner's expense (non-reimbursable), the Utility Owner shall submit five (5) sets of the detailed adjustment plans. Also advise the time required to begin and complete the adjustment work.

BILLING PROCEDURES ACCOUNTING INSTRUCTIONS AND RECORD REQUIREMENTS FOR UTILITY ADJUSTMENT REIMBURSEMENT

A Utility must use an accounting system prescribed by the Federal or State Regulatory Body under which it operates, or in cases where a Utility does not use a prescribed accounting system, it must use its established system of accumulating specific work order costs or establish a system of accounts which will provide for accumulating direct and related costs of the utility adjustment. In any case, the system of accounts used must be in form and detail that will identify each claimed item of cost with the particular project. Any request for full or partial reimbursement of costs must be completely documented and clearly identified with the specific highway project.

To facilitate the formulation of rules and regulations for agreement and payment of the costs incurred for adjusting the facilities of all privately, publicly, or co-operatively owned utilities, the provisions of the Federal Agency directives must be observed. These directives require that the preliminary estimate of cost and the actual final bill be prepared in conformity with the same accounting procedure and in each instance use comparable unit quantities and prices by cost categories such as labor, equipment, overheads, materials used and recovered, etc.

The following is a substantial but not all inclusive outline of the basic bookkeeping and related records required for utility relocations cost accounting.

The primary purpose of the records will be to support and document the Utility's Invoice and to assure that it is in accord with the executed and approved Highway - Utility Agreement between the State and the Utility; and that the bill includes only those costs actually incurred as direct or related costs in the relocation and/or removal of the Utility's facilities because of a specific highway construction project.

It will be necessary for the Utility and the Highway Department's auditor to be completely familiar with the terms, conditions, and limitations contained herein and with the contents of the specific agreement. This is necessary in order for the auditor to properly verify that all charges or reimbursement claimed are eligible for State and/or Federal reimbursement; and in order that the Utility be properly informed of State and Federal requirements.

CONTROLLING-DATES (of Authorization to Incur Reimbursable Costs)

1. Date of the State's written request to the Utility to begin preparation of its preliminary plans and estimate of cost.

2. Date of written notice from the State to the Utility to begin the adjustment work.

Preliminary engineering costs incurred prior to the date established by Step 1 above will not be reimbursed. Construction costs incurred prior to the date established in Step 2 above will not be reimbursed.

All cost records of the Utility (such as those listed below) must be identified in the Utility's records with the specific utility relocation job.

Vendor's Invoices

Material Issue Tickets

Material Returned to Stores Tickets

Mileage Reports

Equipment Usage Records

Expense Accounts, signed by employee and approving superior

Payroll Records, including time books, rate cards, etc.

Any other written records of the Utility which identify the

costs incurred with the specific Highway construction project

e.g.; Freight tickets, rental equipment invoices, etc.

Utilities shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred and make such materials available at their respective offices at all reasonable times during the contract period and for three (3) years from the date of final payment under the contract for inspection by the State, Federal Agency or any authorized representatives of the Federal Government and copies thereof shall be furnished if requested.

SALARIES AND WAGES

Direct Labor Charges

When supported by adequate records. salaries and wages billed at actual rates or at average rates for productive labor hours; . retroactive pay adjustments; and expenses paid by a Utility to individuals during the period of time they are directly or incidentally engaged in the utility relocations are reimbursable. Rates charged must be those paid employees at the Utility in its normal operations.

Indirect Labor Charges

Costs to the Utility for vacation holidays, sick leave, company-sponsored benefits and similar costs incident to labor employment will be reimbursed when supported by adequate records.

Such indirect labor costs should be distributed as a percentage of the direct labor charged to the project. The proper percentage to be applied to direct labor charges for indirect labor costs can be established by dividing the actual expense to the Utility for ordinary labor fringe benefits during the twelve (12) month period in which the relocation work is performed by the total productive payroll expense of the utility during the period.

Indirect labor charges normally include items of expense or costs which vary in direct ratio to the amount of the labor charges, Based on experience of the Utility Company, the following items are usually included in the calculation of a variable percentage figure which is applied to the total labor cost of the project in order to arrive at a cost item to be charged to capitalized or reimbursable projects, or as an expense item currently charged to operations.

Payroll Taxes

Vacation Pay

Retirement Reserve

Sick Leave Reserve

Hospitalization Insurance

Workmen's compensation Insurance

Other expense normally attributable to payrolls

Direct charges to the job for non-productive time such as vacation, sick leave, etc., will not be reimbursed. Example: A utility charges vacation time to the highway project on the basis that the employee would have engaged in this work had he been on the job. Although this may be the regular policy of the Utility, this method is not acceptable and such charges will not be reimbursed.

Consultant and Contract Technical or Professional Services

Where a Utility is not adequately staffed to perform the relocation, the amounts paid to engineers, architects, and others for required technical services by the Utilities Section will be reimbursed. Approval will not be given to fees for such technical services which are determined on the basis of a percentage of the total actual or estimated cost of the relocation.

Equipment

Where a Utility does not have the necessary equipment available to perform the required work, reimbursement will be limited to the amount of rental paid to the lowest bidder following appropriate solicitations for quotations. In the event of an emergency, such as breakdown of Utility's own equipment, reimbursement will be allowed for rental of equipment at the lowest rates available. Existing continuing contracts for rental of transportation and heavy equipment, which the Utility determines to be the most advantageous in its normal operations, shall be considered to comply with these requirements. Arbitrary or otherwise unsupported use charges, whether or not the equipment is owned by the Utility, will not be reimbursed.

Where a utility uses its own equipment on a reimbursable relocations project a rental rate must be developed for each specific class of equipment (auto, pickup, trucks, backhoes, dozers, etc.) Costs used in developing the rental rate may be depreciation, fuel, oil, repairs and tires, insurance, licenses and taxes. The rental rate for each class of equipment can be established by dividing the total operating costs for each class of equipment during the twelve (12) month period in which the relocation work was performed by the actual miles or hours used during the same twelve (12) month period. The utility may also develop the rate on a semi-annual, quarterly or monthly basis,

When the Utility does not have adequate records to support the cost distribution rates charged for its equipment, a rate must be negotiated for each type of equipment used for which payment will be requested.. Such rates must be negotiated and approved by the Highway Department prior to the work being done in order to be reimbursable.

In lieu of a negotiated rate for its equipment (when the Utility does not have adequate records to support a cost distribution rate), the fuel, lubricants, minor repairs, and other direct costs of operation incurred while the equipment is used on the job may be reimbursed; however, the Utility must maintain a record of the expenditures identifying them with the piece of equipment and identifying its use with the highway project. An acceptable basis for distribution of any operating expenses that are allocatable to the cost of the relocation must be determined and approved by the Department prior to using the item of equipment. Thus, an approved basis would be required to claim reimbursement for depreciation, tires, batteries, license, insurance, painting, and like expenses that are applicable to more than one job or operating function, or to a period of use longer than the duration of the highway utility relocation project.

Materials Installed

Materials installed and supplies used shall be billed at inventory prices when furnished from the Utility's stocks, and at actual cost to the Utility when the materials and supplies are not available from the Utility stocks and must be purchased for the relocation. Major material used in construction but not shown in the initial estimate, or supplemental change authorization, or by letter approval of the Utilities Section will not be reimbursed.

Materials Removed

Materials recovered from temporary use in connection with a highway project, and which are in suitable condition for reuse by the Utility, shall be credited to the cost of the project at stock-prices charged to the job, less ten per cent (10%) for loss in service life, if claimed by the Utility. The State shall have the right to inspect all recovered materials not classified reusable by the Utility. (See last paragraph in this section)

Materials recovered in suitable condition for reuse by the Utility in connection with construction or retirement of existing facilities shall be credited to the cost of the project at current stock prices. When the Utility returns recovered material to its Materials and Supply Account at original cost, or at a percentage of current price new, as a consistent practice in its normal operations, the work order shall receive credit accordingly. The foregoing shall not preclude any additional credits when such credits are required by law or regulations.

Items of materials recovered, both from the existing facility and from temporary use, in condition or lengths unsuited for acceptance for reuse by the Utility, and which are determined to have a sale value, shall be disposed of as follows:

1. Sold following an appropriate solicitation for bids to the highest bidder.

2. When the Utility regularly practices a system of disposal by sale (which it has determined to be the most advantageous in its normal operations), credit shall be given at the going prices for such used scrap materials as are supported by the records of the Utility.

The State's pre-designated engineer on the project, or other authorized State Highway employee, shall have the right to inspect recovered materials classified non-reusable prior to disposal by sale or junked as scrap without sale or use value. This requirements will be satisfied by the Utility giving written notice to the State of the time and place the materials will be available for inspection. This notice is the responsibility of the Utility, and it will be held accountable for the full value of materials disposed of without such notice.

Stores Handling

The costs of supervision, labor and expenses incurred in the operation and maintenance of storerooms and material yards, including storage, handling and distribution of materials and supplies are reimbursable. A rate or other equitable method of distribution of these costs is acceptable as long as it is representative of actual cost to the utility. In no event will a combination of a billing of actual and direct costs and a rate representative of actual and direct costs on a highway project be reimbursed. Expenses which may be used in developing a rate for stores expense are storeroom labor, freight and express, storeroom office expense, salaries of storeroom office and stock clerks, purchasing department salaries and expenses, storeroom maintenance expense, storeroom material handling equipment expense and other expenses connected with material handling. The rate can be established by dividing the total stores expense for a twelve (12) month period in which the relocation work was performed by the total amount of stores issued in the same twelve (12) month period.

Construction Overhead

Construction overhead costs are those overhead costs which would not have been incurred if construction had not been undertaken.

In order that each job or unit shall bear its equitable proportion of Overhead Construction costs, all such costs not chargeable directly to construction accounts, (such as general engineering and supervision, general office salaries and expenses, construction engineering and supervision by others than the accounting Utility, legal expenses, insurance, pensions, taxes, and the like) shall be allocated on the basis of the amount of such overheads reasonably applicable thereto. These instructions shall not be interpreted as permitting the addition to Utility accounts of arbitrary percentages or amounts to cover assumed overhead costs. but require the assignment to particular jobs of actual and reasonable overhead costs.

The following is an example of some of the overhead expenses which would have occurred whether or not the relocation work was accomplished and will not be allowed as expenses for relocation cost reimbursement.

Advertising

Bad Debts

Contingency Reserves

Contributions

Salaries and Fees of Board of Directors

Entertainment.

Federal and State Income Taxes

Fines and Penalties

Home Office Operations (except direct relationship to relocation costs)

Interest during Construction

Insurance not related Directly to Project

Life Insurance Premiums with Company as Beneficiary

(NOT employee fringe benefit)

Specific Legal and Accounting unless it is for the Project

Losses on Sale of Capital Assets

Losses from Other Projects

Resource Planning

Research Programs

Sales Promotion

Special Bonuses not Part of General Conditions of Employment

Stock and Stockholders Expense

Special Management Studies

Taxes and Expenses in Connection with Financing

Records kept supporting the entries for overhead costs shall show the total amount, rate, allocations basis of each additive, and shall be subject to audit by representatives of the State or the Federal Agency.

Insurance

Premiums paid to an insurance company for Workmen's Compensation, Public Liability and Property Damage Insurance will be reimbursed where, and to the extent it is determined that the amounts of the premiums are the products of the proper rates applied to the amounts of paid salaries and wages, exclusive of vacation pay or allowances, and are acceptable to the State and Federal Agency.

Contract

Contracts may be entered into by the Utility for facility relocation when a clear showing is made that it is to the best interest of the State, or that the Utility is not adequately staffed or equipped to perform the work with its own forces. Such contracts must have the prior approval of the Utilities Section of the Highway Department before they are executed.

If reimbursement is to be requested, any contract to perform- work in connection with the Utility relocation should be awarded to the lowest qualified bidder who submitted a proposal in conformity with the requirements and specifications as set forth in an appropriate solicitation for bids. (For the permissible exception, see, last paragraph under Contracts).

Subject to prior approval by the State Highway Department, existing written continuing contracts may be used for relocation work where it is demonstrated that such work is regularly performed for the Utility under such contracts at reasonable costs. This may include existing continuing contracts with another Utility. Where such other Utility has an ownership interest in the facility to be relocated, the inter company profit will not be reimbursed.

When work is to be done by both company forces 'and by contract, the attachments to the Utility Agreement should specifically describe the portion of the work to be done by each. For example: Where right of way clearing is to be performed by contract forces, the name of the contractor and the items of work covered by the contract should be clearly set forth in the Utility Agreement or attachments thereto.

Where the Utility proposes to contract outside the foregoing requirements for work of relatively minor cost or nature, the Utility will be reimbursed provided it is demonstrated that such requirements are impractical and the Utility's action did not result in an expenditure in excess of that justified by the prevailing conditions.

Rights of Way (Replacement)

When existing utility facilities are located outside existing publicly owned lands or highway right-of-way the Utility Owner may be reimbursed the cost of acquistion of replacement right-of-way subsequent to authorization by the Highway Department.

To properly document its records as to justification for the amounts paid for rights-of-way, the Utility shall determine and record its valuations of the rights-of-way to be acquired prior to negotiations therefor. The valuation may consist of appraisals made by utility personnel or by independent appraisers.

Except when the cost of right-of-way is $500.00 or less, adequate and formal appraisals should be made and records kept as justification for rights-of-way payment. The format for such appraisal reports is not prescribed, but should include:

1. A complete job caption

2. The property owner's name

3. The location of the property

4. The area or linear measurement to be acquired

5. The purpose of the appraisal

6. A complete narrative description of the whole property

7. A statement as to the valuation approach and the calculations used in developing the value of the taking

8. A statement of conclusion and justification therefor

9. The appraiser's certification to the effect that:

a. He inspected the property

b. He has no personal interest in the property

c. He has given consideration to the value of the land, damages, and benefits, if any, to the remaining lands

d. Non-compensable allowances are not included in the valuation

e. State his opinion of the value of the real property interest taken and damages, if any, to the remainder

10. Sign and date the report.

IMPROVEMENTS

Plant Betterments (Specific Items)

Any increase in the functional capacity of, or service improvements in, the replacement facility over the existing facility, either through the use of materials, techniques, or methods, will require a betterment credit, except that no betterment credit is required for additions or improvements which are:

a. Required by the highway project,

b. Replacement devices or materials that are of equivalent standards although not identical,

c. Replacement of devices or materials no longer regularly manufactured with next highest grade or size,

d. Required by law under governmental and appropriate regulatory commission code, or

e. Required by current design practices regularly followed by the company in its own work, and there is a direct benefit to the highway project.

utility Change Order (Agreement Modification)

When a 'substantial" change from the work authorized in the approved Agreement is required, reimbursement shall be limited to the costs incurred for work described in a Utility Change Order that has written authorization from the Utilities Section. When there is any doubt as to the necessity for obtaining formal and prior approval of the proposed change, the Utilities Section of the Department should be contacted for clarification before such work is performed.

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NOTE:

(1). UNCASED PIPELINE CROSSINGS SHALL HAVE A MINIMUM DEPTH OF COVER OF 48" BELOW THE DITCHES OR THE PAVEMENT SURFACE, WHICHEVER GIVES THE GREATER COVER.

(2). UNCASED PIPELINE W/ADDITIONAL PROTECTION SHALL EXTEND A MINIMUM OF THREE FEET (3') BEYOND THE FLOWLINE OF PARALLEL DITCHES, TOE OF FORESLOPE, OR FACE OF CURBS AS APPLICABLE FOR THE HIGHWAY SECTION.

(3). MARKER: A MARKER BEARING THE UTILITY OWNERS NAME SHALL BE PLACED AT EACH RIGHT OF WAY LINE WHERE CROSSED (Not required for service lines).

TYPICAL CROSSING (UNCASED)

History

• 4/18/1989

001.01.90 Ark. Code R. 001 Non-Controversial Rule Changes

Rule 1.5 (a)

How addressed. All communications should be addressed to the Commission, as follows: "Arkansas State Highway Commission, P. O. Box 2261, Little Rock, AR 72201."

Rule 2.1 Typographical Specifications.

Except as otherwise provided, all pleadings, documents, and papers to be filed under these rules shall be printed or typewritten, with a clear margin at the top and bottom. If typewritten, they shall be on paper 8 1/2 x 11 inches in size. Where exhibits may require a larger sheet, those exhibits should be subject to reduction so that they may be clearly placed upon paper no larger than 8 1/2 X 11 inches.

Rule 2.2 Copies.

Except when otherwise required in specific instances, there shall be filed an original and nine copies of every pleading, document, or paper required or permitted to be filed under these rules.

Rule 3.2 Formal Complaints; Copies.

The original of each formal complaint, amended or supplemental formal complaint, or cross complaint, must be accompanied by copies in sufficient number to enable the Commission to serve one copy upon each defendant, and retain nine copies in addition to the original.

Rule 15.5 (b) Handling by Carrier. Every such carrier which receives a written claim for loss or damage to property transported by it shall pay, decline, or make a firm compromise settlement offer in writing to the claimant within 12 0 days after receipt of the claim by the carrier or its agent; provided that, if for reasons beyond the control of the carrier the claim cannot be processed and disposed of within 120 days after the receipt thereof, the carrier shall at that time and at the expiration of each succeeding 30-day period while the claim remains pending, advise the claimant in writing of the status of the claim and the reasons for the delay in making final disposition thereof, and send a copy of such letter to the Arkansas State Highway Commission, P. 0. Box 2261, Little Rock, AR 72203.

Rule 15.8 Mobile Home Carriers-Customers' Complaints to Commission. For all mobile home movers certificated by this Commission, both the Pre-move Inspection Record required by Rule 15.7 and the customer's copy of the freight bill shall contain the following language on the front side of the bill or record, in bold-face type:

NOTICE TO OWNER

CLAIMS

All claims and complaints not resolved to your satisfaction may be reported to the Arkansas State Highway Commission for investigation.

Arkansas State Highway Commission

P. O- Box 2261

Little Rock, AR 72203

Telephone: (501) 569-2355

AMENDMENT TO RULE 11-4 - APPLICATIONS FOR TRANSFER OR LEASE OF CERTIFICATE OR PERMIT

Certificates, permits, and licenses shall not be assigned, transferred, or leased without prior authorization of the Commission and on written application.

The application for transfer or lease must be accompanied by:

(a) The name and address or location of the principal office or place of business of each of the applicants;

(b) A full and complete financial statement giving detailed information concerning the financial condition of the transferee. If the transferee is a partnership, a complete financial statement giving detailed information concerning the financial condition of each of the partners; if the transferee is a corporation, a copy of a certificate of good standing from the Secretary of the State in which the corporation is domiciled, and a financial statement of the corporation;

(c) A statement completely describing the authority sought to be transferred, including commodities authorized to be transported and the routes authorized to be served;

(d) A statement describing all property to be sold, transferred or assigned, and the amount to be paid therefor;

(e) A copy of all contracts, agreements and other stipulations between the transferee and transferor;

(f) If the transferee is not a resident of this State, a written designation of a resident agent for service of process.

(g) If any party to the transfer of a certificate or permit is acting in a fiduciary capacity, proof of his authority to so act;

(h) A statement from the State Treasurer, Commissioner of Revenues or County Collector to the effect that there are no outstanding and unpaid taxes of any nature;

(i) A joint affidavit that there are no unpaid taxes, station rents, wages, or other indebtedness incident to the vendor's operation, or if such is not the case will be assumed by the vendee;

(j) Remittance of statutory filing fee.

No transfer or lease of the certificate or permit, or any part thereof, shall be granted by the Commission unless there has been filed with the Commission a statement by the Treasurer of the State of Arkansas and/or the Commissioner of Revenues, or his authorized deputy, certifying that there are no delinquent taxes outstanding against the transferor or against the certificate or permit sought to be transferred.

The transfer, lease, or assignment of the permit, certificate, or license shall not be authorized when the Commission finds that the action will be inconsistent with the public interest or will have the effect of destroying competition or creating a monopoly. The transfer, lease, or assignment will not be authorized where it appears that reasonably continuous service under the authority or that part of the authority granted by the permit, certificate, or license which is sought to be transferred has not been rendered by the current holder of the permit, certificate, or license prior to the application for transfer, assignment, or lease.

Prior to the sale of a business or the addition of partners by any individual or business holding a certificate or permit, such change in the ownership structure of the carrier shall be reported to the Commission in writing. Prior to the sale of stock in a publicly traded corporation, such sale shall be reported to the Commission if the sale will constitute fifty percent (50%) or more of the outstanding shares or stock in the corporation in one transaction or in a series of related transactions. The Commission shall review the sale of the stock or the addition of a partner, or any other change in the ownership structure of the business operating in intrastate commerce under a certificate or permit issued by this Commission. Such documentation as is necessary for a full and complete review of the change in the ownership structure may be requested from the business by the Commission.

Prior to the hypothecation of a certificate or permit, or the pledge of any assets of a business holding intrastate authority from this Commission, a notice of the hypothecation or pledge of the assets shall be filed with the Commission. The Commission will acknowledge receipt of the notice of hypothecation, and may request additional documentation as is necessary for a full and complete review of the pledge of the asset of the certificate or permit.

NEW RULE 1.16 - CRITERIA FOR REVIEW OF APPLICATIONS

In reviewing any application for a new certificate or permit, the following criteria shall be used to determine whether the present or future public convenience and necessity will be served by the granting of such application;

(1) the ability of the applicant and his sense of responsibility towards the public;

(2) the financial condition of the applicant;

(3) the current level of service being maintained by any carrier authorized to provide such service;

(4) the stability of the applicant organization and the likelihood of permanent and continuous service being provided by the applicant;

(5) the effect of the proposed service upon other forms of transportation;

(6) the lack of service for a specific need within the area or business community; and

(7) any other matters tending to show the need, or lack of need, of the proposed service.

NEW RULE 11.13 - APPLICATIONS OF COMMON CARRIERS FOR ARMORED CAR SERVICE; CONTENTS; APPROVAL

Applications of Common Carriers for Armored Car Service; Contents; Approval.

Armored car companies making application for intrastate authority may apply as common carriers, notwithstanding the fact that contracts may be or have been entered into between the applicant and shippers. Armored car companies are expressly allowed as common carriers to enter into an unlimited number of contracts with shipping financial institutions.

Contracts entered into between armored car common carriers and shippers shall be subject to review by the Commission. Review of contracts shall include but not be limited to:

(1) uniformity of rates between shippers, taking into consideration the location, frequency of service, and minimum delivery clauses;

(2) conformity with filed tariffs;

(3) duration of contracts;

(4) cancellation clauses, including any opportunity to cure service complaints;

(5) adequacy of service provided;

(6) any terms requiring exclusive use of the armored car carrier's services. Contract provisions as to schedule of stops and size of shipments will not be reviewed.

AMENDMENT TO RULE 3.15 - PROTESTS AGAINST APPLICATIONS

(a) Content. A protest against the granting of any application filed before the Commission shall set forth specifically the grounds upon which the protestant relied and shall further state concisely the interest of the protestant in the proceeding.

(b) Time of Filing. Any protest or intervention must be filed with the Commission on or before the 10th day following the date of notice of application, pursuant to Section 3.14(b).

(c) Verified Statements. Verified statements of the protestant and each known supporting witness shall be filed with the Commission at a time set out in the written policy and procedure of the Commission. The requirement of a verified statement may be waived at the discretion of the Commission upon written request by the protestant. Verified statements of the protestant shall contain but not be limited to the following:

I. Legal name and business address.

II. Identity and qualifications of testifying witness.

III. Specific pertinent conflicting authority.

IV. Pertinent terminals and communications network.

V. Pertinent Equipment.

VI. Type of service offered (e.g., LTL, bulk, interline, etc.).

VII. Traffic subject to diversion if application is granted, including specific information on attempts of the protestant to secure the business of the supporting shipper.

VIII. Any other information pertinent to the application.

IX. Verification and Certificate of Service.

(d) Witness List. A list of witnesses who will appear on behalf of the protestant shall be filed with the Commission at a time set out in the written policy and procedure of the Commission. Only those witnesses whose names appear on the list supplied by the protestant shall be allowed to testify at the hearing before the Commission; other witnesses may be allowed to testify by leave of the Commission.

A list of witnesses filed by the protestant shall be exchanged with the applicant at a time set out in the written policy and procedure of the Commission. Failure to provide the other party or parties with a list of witnesses to be called may be grounds for dismissal or postponement of the case.

(e) When Rule Disregarded. For good cause shown, an application may be set down for hearing without awaiting the filing of a protest or a reply thereto, and may also be disposed of without regard to subsection (c) of this rule unless a hearing is required by the Motor Carrier Act.

AMENDMENT TO RULE 3.14 - APPLICATIONS

(a) Contents. Forms of applications for certificates, permits, and transfers may be obtained from the Commission upon request. An application filed with the Commission shall set forth with specificity the grounds upon which the application is made, the interest of the applicant and the subject matter, and the relief sought by the applicant.

(b) Date of Filing. The official date of filing of any application with the Commission shall be the third calendar day after the date contained within the notice of filing sent to the newspaper for publication and all interested parties. This date shall be used for purposes of calculating all dates upon which other matters to be filed as part of the application process are due.

(c) Verified Statements. The verified statement of the applicant and each known supporting witness shall be filed with the Commission at a time set out in the written policy and procedure of the Commission. The requirement of a verified statement may be waived at the discretion of the Commission upon written request by the applicant.

1. Verified statement of the applicant shall contain but not be limited to the following:

I. Legal name and business address.

II. Identity and qualifications of testifying witness.

III. Authority sought.

IV.

(A) General scope of presently authorized operations (attach copies of pertinent operating rights).

(B) Duplicating authority resulting from grant of application.

(C) Dual operations resulting from grant of application.

(D) Affiliation with other carriers and persons affiliated with carriers (indicate pertinent MC numbers and docket number of finance proceedings; identify common and contract carriers as such).

V. Pertinent terminal facilities and communications network.

VI. Pertinent equipment.

VII. Safety Program.

VIII. Service now provided to supporting witnesses.

IX. Type of service offered (e.g. LTL, bulk, multiple delivery, et cetera).

X. Financial data (current balance sheet and income statement).

XI. Feasibility of operation.

XII. Any other information deemed pertinent.

XIII. Argument (if desired).

XIV. Verification.

XV. Certificate of Service and list of parties names and addresses.

2. Verified statements of supporting shippers shall contain but not be limited to the following:

I. Legal name and business address of supporting party or firm.

II. Identity and qualifications of testifying witness.

III. General description of the business of the supporting shipper and its operations.

IV. The specific commodity shipped or received by that business.

V. The volume and frequency of traffic.

VI. The amount of traffic to be tendered to the applicant, giving specific or representative origins and destinations.

VII. How the traffic now moves in intrastate commerce.

VIII. The type of service required from the applicant (e.g., bulk, LTL, multiple delivery, etc.).

IX. The existing service available and specific information on discrepancies in service from currently authorized carriers.

X. Similar applications supported, including pertinent docket numbers.

XI. Any other information deemed pertinent by the witness.

XII. Verification and Certificate of Service.

(d) Witness List. A list of witnesses to be called by the applicant in support of its application shall be filed with the Commission at a time set out in the written policy and procedure of the Commission. Only those witnesses whose names appear on the list supplied by the applicant will be allowed to testify at the hearing before the Commission; other witnesses may be allowed to testify by leave of the Commission.

A list of witnesses filed by the applicant shall be exchanged with the protestants at a time set out in the written policy and procedure of the Commission. Failure of the applicant to provide the protestants or other parties with the list of witnesses to be called may be grounds for dismissal or postponement of the case.

(e) Refiling After Denial. When an application for a permit or certificate has been denied in whole or in part, or has been granted, and an order of the Commission granting the same has been quashed or set aside, another application by the same petitioner or applicant over the same route or territory will not be considered by the Commission within ninety (90) days from the date of the order denying the same or the judgment of the court quashing or setting aside the order.

Rule 11.5 - APPROVAL OF LEASE OF CERTIFICATE OR PERMIT

Unless unusual circumstances are found by the Commission, a lease of operating rights will not be approved for longer than a period of one year. During this time the parties shall be expected to consider and determine whether or not they want to enter into a transaction of sale and purchase of the rights conferred under the certificate or permit.

At the end of the lease period, lessee shall file with the Commission a statement of intent as to the plans of the lessee as they pertain to future use of the permit. Should the lessee request an extension of operating rights beyond the one year approved herein, such extension shall be requested in the statement filed by the lessee at the end of the lease period.

Rule 10.8 - DISCONTINUATION OF SERVICE

Whenever no business is conducted under any permit, certificate, or license issued by the Commission for a period of one (1) year, such failure to render reasonably continuous service under the authority shall subject the holder of such authority to a hearing. The hearing will be for the purpose of determining whether or not the authority shall be continued or cancelled.

All holders of any permits, certificates, or licenses shall report discontinuance of service to the Commission on forms provided, if there has been no use of the pertinent authority or any part thereof for a period of one year or longer.

History

• 3/16/1990

001.01.90 Ark. Code R. 002 Rules and Regulations Governing Insurance Filing Requirements, Interstate Carriers

Whereas a public hearing was held by the predecessor Transportation Safety Agency for the purpose of promulgating rules, regulations, and amendments to existing rules, and notice was duly given to the public of said hearing on November 29, 1988 at the hour of 10:00 A.M. in the hearing room of the Arkansas Transportation Safety Agency, the Transportation Regulatory Board considered the adoption of the following amendment to Rule 12.2 of the rules promulgated under the Arkansas Motor Carrier Act of 1955, as amended:

Rule 12.2

When a carrier operates solely in interstate commerce pursuant to a Certificate or Permit issued by the Interstate Commerce Commission, the owner, lessor, or a corporate officer must certify to the Commission the name of its liability carrier, the policy, and the effective date of said insurance, and must certify its Arkansas Agent for Service of Process.

After careful consideration of all facts involved in this matter, the Commission finds that the aforementioned rule does not unduly burden interstate commerce, and is not prohibited by 49 CFR § 1023.

It is further found that this amendment is necessary to the proper functioning and administration of the duties of the Commission in regulating motor carriers registering their authority in the State of Arkansas.

IT IS THEREFORE ORDERED that said amendment to Rule 12.2 shall be and the same is hereby adopted. Said amendment shall become effective 2 0 days after filing with the Office of the Secretary of State, and shall apply to all applications received for processing received on or after such date.

History

• 4/8/1990

001.01.92 Ark. Code R. 001 Amendment to Rules: 1.12, 2.9, 3.12, 10.2, 11.4, 13.1, 16.6(b), 17.1, 17.3, HM Rule 1.4 and New Rule B-8

PROPOSED WORDING

RULE 1.12 - Dismissal of Appeal, Notice to Commission.

Any party appealing an order of the commission who shall subsequently dismiss such appeal shall promptly notify the Commission in writing of the dismissal of such appeal.

Any party appealing on order of the Commission from a circuit court decision to an appellate court of the State of Arkansas shall promptly notify the Commission in writing of such appeal being taken. Any party that has appealed an order of the Commission to the circuit court or to an appellate court shall notify this Commission within a reasonable time, not to exceed ten days, of the decision entered by the circuit or appellate court.

RULE 2.9 - Service; Pleadings and Papers to Show.

Every pleading, protest, intervention, or verified statement filed by any party and tendered to the Commission for filing shall include a certificate of the party or his attorney showing simultaneous service thereof upon all parties to the proceeding made by registered or certified mail with return receipt required. The return receipt or a photocopy thereof shall be filed with the Commission.

Applications, formal complaints, supplemental complaints, amended complaints, cross complaints, and letters to the Commission relating to oral arguments and subpoenas, when service is required, may be served by depositing same in the U. S. Postal Service with sufficient postage attached thereto to ensure delivery and a certification of such service signed by the applicant or his attorney.

RULE 3.12 - Interventions, Petitions.

(b) When Filed.

A petition for leave to intervene in any proceeding should be filed not less, than twenty (20) days after the official date of filing, except for good cause shown. Such intervention must show service of a copy on the interested parties or their attorneys by registered or certified mail with return receipt required. The return receipt or a photocopy thereof must be filed with the Commission by said intervenor.

RULE 10.2 - Shipper Certification in Support of Applications.

(a) Every application for a certificate or permit shall indicate whether the application will be supported by shippers, or others, who will present evidence in support of the application as to their need for the service proposed. Such shipper certification shall not be substituted for the witness list required by Rule 3.14(b).

(b) Certifications by each supporting shipper shall be filed at the time the application for permanent authority is filed. Such certification shall include but not be limited to the business name of the supporting shipper, its address, and the name and title of the person who will be testifying on behalf of that supporting shipper, and the commodities to be transported by the applicant.

In the event that the applicant secures additional supporting shippers prior to the time verified statements of supporting shippers are due, the applicant shall file a supplemental certification of supporting shipper for each supporting shipper.

(c) Non-compliance with the aforementioned requirements, absent a showing of good cause for failing in their observance, will result in the disallowance of testimony and evidence proffered by public witnesses upon whose behalf certifications or identifications (by name and location) have not been filed.

RULE 11.4 - Amended paragraph.

No transfer or lease of the certificate or permit, or any part thereof, shall be granted by the Commission unless there has been filed with the Commission a statement by the Treasurer of the State of Arkansas and/or the Commissioner of Revenues, or his authorized deputy, certifying that there are no delinquent taxes outstanding against the transferor or against the certificate or permit sought to be transferred. Notwithstanding the above provisions, the requirements of subsections (h) and (i) above shall not apply in any respect to either the vendor or vendee where the vendor has filed for protection under the federal bankruptcy laws and is transferring the authority as a part of a reorganization or liquidation under an order directing the sale entered under the federal bankruptcy laws.

RULE 13.1 - Schedule of Minimum Limits - Liability

On each motor vehicles in the transportation of property: $50,000.00 for bodily injuries to or death of one person.

$100,000.00 for bodily injuries to or death of all persons injured or killed in any one accident.

$30,000.00 for loss or damage in any one accident to property of others.

On each motor vehicle used in the transportation of passengers having a seating capacity of twelve passengers or less:

$50,000.00 for bodily injuries to or death of one person.

$80,000.00 for bodily injuries to or death of all persons injured or killed in any one accident.

$30,000.00 for loss or damage in any one accident to property of others.

On each motor vehicle used in the transportation of passengers having a seating capacity of thirteen to twenty passengers inclusive:

$50,000.00 for bodily injuries to or death of one person.

$120,000.00 for bodily injuries to or death of all persons injured or killed in any one accident.

$30,000.00 for loss or damage in any one accident to property of others.

On each motor vehicle used in the transportation of passengers having a seating capacity of twenty-one to thirty, inclusive:

$50,000.00 for bodily injuries to or death of one person.

$160,000.00 for bodily injuries to or death of all persons injured or killed in any one accident.

$30,000.00 for loss or damage in any one accident to property of others.

On each motor vehicle used in the transportation of passengers having a seating capacity of thirty-one passengers or over:

$50,000.00 for bodily injuries to or death of one person.

$200,000.00 for bodily injuries to or death of all persons injured or killed in any one accident.

$30,000.00 for loss or damage in any one accident to property of offers.

Schedule of Minimum Limits - Cargo All common carriers of property by motor vehicle are required to file cargo insurance with minimum liability of $5,000.00 with cargo endorsement attached.

RULE 16.6

(b) Special or Charter Operations.

Definition - The term "charter operation" as used in this rule means the providing of transportation for a group assembled by someone other than the carrier, which contracts for the exclusive use of a bus for the duration of a particular trip or tour; this irregular call-on-demand type of service may not evolve into any regularly scheduled service over fixed routes. Such charter operation shall be provided at a fixed charge for the vehicle in accordance with the carrier's tariff lawfully on file with the Commission.

The term "special operation" shall mean the type of service generally rendered to a number of passengers in which the carrier itself has assembled a travel group through its own sales to each individual passenger of a ticket covering a particular trip or tour planned or arranged by the carrier. Such special service must be the type service .la-hat could not be provided by a passenger carrier operating under regular route authority or under the definition of charter operations found above.

The term "regular route or routes" as used in this rule means the specific highway or highways over which a motor common carrier of passengers is authorized to operate between fixed termini.

RULE 17.1 - General Safety Requirements.

All rules and safety regulations now or hereafter prescribed and adopted by the U. S. Department of Transportation, Federal Highway Administration, applicable to motor vehicles under the Federal Motor Carrier Safety Regulations as found in 49 C.F.R. Parts 3 83 through 3 99, not in conflict with the laws of the State of Arkansas, are hereby adopted and prescribed as the safety rules and regulations applicable to the intrastate operations of motor vehicles under the jurisdiction of this Commission.

RULE 17.3 - Splash Guard Requirements.

All trailers, trucks, truck/tractors, and/or semi-trailers with a gross vehicle weight rating (GVWR) exceeding 10,000 pounds operated over the highways of the State of Arkansas, subject to the jurisdiction of this Commission, shall have attached thereto a splash apron of flexible material directly to the rear of the rearmost wheels, hanging perpendicularly at right angles to the body of the vehicle, and parallel with the rearmost axle; said apron shall be of such size, weight, and substance as to prevent the bulk of the spray or other substance picked up from the roadway from being thrown on the windshield of a following vehicle.

NEW RULE B-8

Each broker holding a license issued by the Arkansas State Highway Commission under the provisions of Ark. Code Ann. § 23-13-230 shall at all times have a bond or other security approved by and on file with the Commission in an amount not less than $25,000, in order to ensure financial responsibility in the supplying of authorized transportation services under such broker's license.

HM RULE 1.4 - Minimum Insurance Requirement

In addition to the minimum insurance requirements set out in Rule B-l of the General Rules of Practice and Procedure of this Commission, each motor vehicle used to transport hazardous materials must at all times comply with the following minimum insurance requirements:

(1) For-hire and private carriage in interstate, foreign, or intrastate commerce, in vehicles with a gross vehicle weight rating of 10,000 pounds or more, transporting hazardous substances, as defined in 49 CFR 171.8, transported in cargo tanks, portable tanks, or hopper-type vehicles with capacities in excess of 3,500 water gallons; or in bulk Class A or B explosives, .poison gas (Poison A), liquefied compressed gas or compressed gas; or highway route controlled quantity radioactive materials as defined in 49 CFR 173.403, five million dollars ($5,000, 000.00).

(2) For-hire and private carriage in interstate.-or foreign commerce in any quantity or in intrastate commerce in bulk only, in vehicles with a gross vehicle weight rating of 10,000 pounds or more, transporting oil listed in 49 CFR 172.101; hazardous waste, hazardous materials and hazardous substances defined in 4 9 CFR 171.8 and listed in 49 CFR 172.101, but not mentioned in (1) above or (3) below, one million dollars ($1,000,000.00).

(3) For-hire and private carriage in interstate and intrastate commerce, in vehicles with a gross vehicle weight rating of less than 10,000 pounds or more, transporting any quantity of Class A or B explosives, any quantity of poison gas (Poison A) or highway route controlled quantity radioactive materials as defined in 49 CFR 173.403, five million dollars ($5,000,000.00).

LEGAL NOTICE

The Arkansas State Highway Commission hereby,, gives notice that it intends to revise its Permit Regulations for the Movement of Oversize and/or Overweight Vehicles on the Arkansas State Highway System on June 4, 1992. All sections of the current Regulations are proposed to be revised. The proposed Regulations will consist of ten Sections and an Appendix.

Section I (General Definitions) will define certain terms previously utilized but not specifically defined. Such definitions are included for a proper understanding of the Regulations.

Major changes in Section II (General Information) will include: changing the operation of the Permit Section to the hours of 6:00 a.m. until midnight; allowing permits to be issued for movements on Veterans Day; restricting oversized permitted movement through the Greater Little Rock areas during certain times of the day to include all of Interstate 63 0; restricting the movement of vehicles under permit during strong winds or wind gusts; and requiring a minimum speed on all permitted vehicles on the interstate highways of 40 MPH if no other minimum speed is posted.

Major changes in Section III (Overdimensional Movements) will include: permitting a maximum width of a vehicle/cargo upon the interstate highways of no greater than 16 feet; requiring the use of one escort vehicle for the movement of all vehicles/cargoes 12 feet in width, or greater, while traveling any controlled access, divided highway with 4 or more lanes; requiring the use of one escort vehicle to travel in front of the permitted vehicle for the movement of all vehicles/cargoes 12 through 14 feet in width while traveling all other highways; requiring the use of two escort vehicles (one in front and one behind) for the movement' of all vehicles/cargoes exceeding 14 feet while traveling all other highways; requiring all overwidth permitted vehicles/cargoes to be equipped with tail lamps and signal lamps with a minimum lens diameter of 5 inches and positioned at the outer most edges of the vehicle/cargoes no less than 60 inches and no more than 72 inches above the ground level; requiring all over width permitted vehicles/cargoes to be equipped with a rotating or. flashing amber light positioned at a certain location and emitting a minimum of 35,000 total candlepower; requiring the use of an escort vehicle with a clearance bar which extends six inches above the permitted height to precede any permitted vehicle with an overall height exceeding 13 feet and 6 inches; requiring the use of an escort vehicle to follow any overlength trailer or semi-trailer exceeding 75 feet in length (such movement would also be restricted to daylight hours); and the regulation that no permit shall be issued for any triple saddlemount vehicle exceeding 75 feet in length.

The major changes proposed in Section IV (Overweight Movements) include: the definition of tandem axles to conform to Act 1231 of 1991; and the maximum number of pounds that may be permitted for single axle, tandem axle, tridem axle, and quadrum axle loads.

Major changes in Section V (Vehicles of Special Design) include: requiring all permitted vehicles of special design to maintain a minimum posted speed limit if routed where a minimum speed is posted including a 4 0 MPH minimum speed on interstate highways; requiring one escort vehicle to travel behind such permitted vehicle 12 feet or more in width while traveling all controlled access, divided highways with four or more lanes; requiring one escort vehicle in front of the permitted special design vehicle on all other highways if the permitted vehicle is 12 feet through 14 feet in width and two escort vehicles if the permitted vehicle exceeds 14 feet in width; requiring all such permitted vehicles of special design to be equipped with certain tail lamps and signal lamps positioned at the outermost edges of the vehicle; and requiring all such permitted vehicles of special design to be equipped with a rotating or flashing amber light at a certain required position and to emit a minimum of 35,000 total candlepower.

The major changes contained in Section VI (Escorts) include: the requirement that escort vehicles utilize a clearance bar while escorting permitted vehicles exceeding the legal height; requiring a minimum and maximum distance between such escort and the escorted vehicle; requiring an escort in front of any overheight vehicle; requiring an escort behind any overlength vehicle in those cases where only one escort is required; requiring escorts in front of and behind any escorted vehicle requiring two escorts; and incorporating by reference the provisions of Ark. Code §§ 27-35-213 and 27-35-310 regarding traffic control.

Major changes in Section VII (Manufactured Home Units) include: with certain restrictions, the permitting of the movement of manufactured home units on Saturdays; restricting the movement of manufactured homes in excess of 10 feet in width on Sundays, holidays and nights in accordance with Act 35 of 1989; requiring one escort vehicle to accompany the movement of 12 feet wide or greater manufactured homes on any controlled access, divided highway with four or more lanes; requiring one escort vehicle on all other highways if the manufactured home is 12 feet through 14 feet in width; requiring two escort vehicles on all other highways if the manufactured home exceeds 14 feet in width; requiring all such permitted units to be equipped with certain tail lamps and signal lamps positioned at the outermost edges of the vehicle; and requiring all such permitted units be equipped with a rotating or flashing light at a certain required position and to emit a minimum of 35,000 total candlepower; and incorporating the provisions of Ark. Code §§ 27-35-310 and 27-35-304 regarding traffic control.

The major changes in Section VIII (Movement of Houses) include: requiring all applications for the movement of houses be submitted to the A.H.T.D. District Engineer in the area of movement for approval prior to the issuance of a permit; and the addition of the provisions of Ark. Code §§ 27-35-310 and 27-35-309 regarding traffic control.

The major change in Section IX (Fee Charts) is the incorporation of the permit fee charts in accordance with Ark. Code § 27-35-210.

The major change in Section X (Exemptions) is the incorporation of certain vehicles utilized to transport compacted seed cotton, under certain conditions and requirements, as exempt from obtaining overwidth or overlength permits.

The Appendix will consist of Permit Forms, the Federal Bridge Formula, and Illustrations.

A public hearing will be conducted on June 4, 1992 at 10:00 a.m. for the purpose of receiving statements or comments relative to the proposed revision of such regulations. Written statements or comments regarding the proposed revisions must be submitted to the Commission, at least five days prior to their proposed adoption on June 4, 1992. Written comments should be forwarded to John R. Bailey, Chief of Arkansas Highway Police Division, P. 0. Box 2779, Little Rock, Arkansas 72203. Copies of the proposed revised regulations may be obtained upon request from John R. Bailey, P. 0. Box 2779, Little Rock, Arkansas 72203, or by calling 501-569-2421.

History

• 5/12/1992

001.01.92 Ark. Code R. 002 Regulations for Commercial Driver's License Waiver for Farm-Related Businesses

I

The Office of Driver Services of the Department of Finance & Administration for this State may issue restricted commercial driver's licenses (CDLs) to seasonal drivers for the following specific farm-related service industries:

(a) ; farm retail outlets and suppliers;

(b) agri-chemical businesses;

(c) custom harvesters; and

(d) livestock feeders. If issued, such restricted CDLs shall be issued only in accordance with those guidelines set out in the recently amended portion of 49 CFR 383, including, but not limited to, the following:

A. Waived drivers shall not be required to take or pass the CDL skills or knowledge tests but shall be required to meet all other requirements of the CDL regulations included in 49 CFR 383.

B. A waived driver shall be issued only one license. That restricted CDL shall also authorize the waived driver to drive any non-commercial vehicle for personal use!

C. A restricted CDL shall not be issued to an individual unless it is determined that such individual has a "good driving record" and at least one year of driving experience in any type of vehicle. The "good driving record" criteria set out in the recently amended portion of 49 CFR 383 shall be utilized in making this determination.

D. A restricted CDL shall allow the driving of automobiles by the holder of such a license as well as the driving of other non-commercial motor vehicles throughout the same renewal cycle as is allowed for regular CDLs by the laws and regulations of this State,

E. Validity of any restricted CDL issued for commercial motor vehicle driving shall be limited to a seasonal period or periods, as defined by rules and regulations to be made and promulgated by the Office of Driver Services, in conformity with the guidelines contained in the recently amended portion of 49 CFR 383, not to exceed a total of 180 days of commercial validity in any 12-month period.

F. The Department of Finance & Administration shall revalidate each restricted CDL for commercial use by means of a confirmation of the holder's good driving record prior to each season, as defined by rules and regulations to be made and promulgated by the Office of Driver Services in conformity with the guidelines contained in the recently amended portion of 49 CFR 383, in which the driver wishes to drive commercial motor vehicles.

G. The Office of Driver Services shall check the driver's record through the Commercial Driver's License Information System (CDLIS) prior to issuing a restricted CDL to that driver and shall enter each restricted CDL holder's record into the CDLIS.

H. No such restricted CDL shall be issued to any drivers, seasonal or otherwise, who intend to transport any products of farm equipment suppliers, utilities, or cotton ginning services.

I. Use of the restricted CDL in activities not related to employment in the designated industries enumerated in the first paragraph of Part I of these regulations shall be grounds for revocation of the restricted CDL and the Office of Driver Services shall include this provision in substantially this same form in any rules and regulations made and promulgated by that Office.

I I

Any individual issued a restricted commercial driver's license (CDL) while operating on the highways of this State, whether such restricted CDL was issued by this State or any other state, shall be susceptible to and shall abide by all of the laws and regulations of this State as well as all laws and regulations of the United States and the following regulations.

A. No such restricted CDL holder may operate a commercial motor vehicle beyond 150 miles from the employer of that CDL holder's place of business or the farm currently belong -served by that employer.

B. Such a restricted CDL holder may only operate "Group B" or "Group C" vehicles. That restricted CDL holder shall not operate "Group A" vehicles.

1. Group A vehicles are defined herein to mean and include combination vehicles with a gross combination weight rating of 26,001 pounds or more [inclusive of a towed vehicle with a gross vehicle weight rating (GVWR) of over 10,000 pounds]. Drivers of such vehicles must continue to satisfy the knowledge and skill testing requirements and obtain CDLs without the farm-related service industries waiver.

2. Group B vehicles are defined herein to mean and include any single vehicle with a GVWR of 26,001 pounds or more (or any such vehicle towing a vehicle not in excess of 10,000 pounds GVWR).

3. Group C vehicles are defined herein to mean and include any vehicle that does not meet the thresholds for Groups A or B, but that is either designed to transport 16 or more passengers, including the driver, or is placarded for hazardous materials,

C. Such a restricted CDL holder shall not transport any hazardous material requiring placarding unless such material being transported is;

1. Diesel fuel in quantities of 1,000 gallons or less; or

2. Liquid fertilizers in vehicles with total capacities of 3,000 gallons or less; or

3. Solid fertilizers that are not mixed with any organic substance.

D. All such restricted CDL holders shall be fully subject to all CDL disqualification penalties that may be imposed pursuant to the laws or regulations of this State or of the United States.

E. Use of the restricted CDL in activities not related to employment in the designated industries enumerated in the first paragraph of Part I, above, of these regulations shall be grounds for revocation of that driver's restricted CDL.

F. Any restricted CDL issued pursuant to the waiver authority set out in the recently amended portion of 49 CFR 383 by this State or by any other state shall be accorded the same reciprocity in this State as a CDL holder meeting all of the requirements of 49 CFR 383.

History

• 5/7/1992

001.01.92 Ark. Code R. 003 Permit Regulations for the Movement of Oversize and/or Overweight Vehicles on the Arkansas State Highway System

SECTION I

GENERAL DEFINITIONS

DEPARTMENT: Arkansas Highway and Transportation Department

DIVISION: Arkansas Highway Police Division of Arkansas Highway and Transportation Department

PERMIT SECTION: Permit Section of Arkansas Highway Police Division of Arkansas Highway and Transportation

COMMISSION: Arkansas Highway Commission (AHC)

COMMISSIONER: A member of the Arkansas Highway Commission

DIRECTOR: Director of the 2U: Arkansas Highway and Transportation Department

CHIEF: Chief of the Arkansas Highway Police Division

POLICY: An established procedure pertaining to a specific activity of the Section, Division, Department or Commission

PERMIT: A document issued by the Permit Section which gives the bearer permission to move an oversize and/or laden or unladen along specific routes during a specified period of time with certain restrictions; said document having been issued under the authority given to the Arkansas Highway Commission through Legislative Acts. When used in this publication the terms "permit" and 'special permit" are synonymous

FOR PURPOSES OF THIS PUBLICATION, THE FOLLOWING TERMS ARE CONSIDERED SYNONYMOUS:

(1) LOAD;

(2) VEHICLE WITH LOAD;

(3) LADEN

(4) VEHICLE AND/OR CARGO;

(5) VEHICLE AND CARGOES

SECTION II

GENERAL INFORMATION

A. INTRODUCTION

Arkansas Code 27-35-210 provides...."The State Highway Commission, with respect to highways under their jurisdiction, and local authorities, with respect to highways under their jurisdiction, may, in their discretion and as provided in this section, upon receipt of application made in person or by telephone, telegraph, or in writing and upon good cause being - shown therefor, issue a special permit in writing to applicants desiring to transport cargoes of such nature that the cargo cannot readily be taken apart, separated, dismembered, or otherwise reduced in size or weight.

The permit shall authorize the applicant to operate or move a vehicle, or combination of vehicles, of a size or weight of vehicle or load exceeding the maximum specified in this subchapter, or otherwise not in conformity with the provisions of this subchapter, upon any highway under the jurisdiction of the agency granting such permit and for the maintenance of which the agency is responsible.

No vehicle, or combination of vehicles, with a multi-unit or otherwise reducible overload may be issued a special permit as provided in this section..."

The rules and regulations as described herein are designed to permit, under special conditions, and to ensure the safe movement of vehicles and/or equipment which exceed any one or more of the following legal limits for over dimension and/or weight:

TABLE OF DIMENSIONS AND/OR WEIGHT LIMITS OVER WHICH A PERMIT IS REQUIRED;

WIDTH: 8 feet, 6 inches

HEIGHT: 13 feet, 6 inches

LENGTH: Determined by trailer length as required by law.

WEIGHT: 80,000 pounds gross weight of vehicle/s and cargo on 5 or more axles.

Minimum axle distance (FEDERAL BRIDGE FORMULA) must be met as required by law.

Secondary highways are restricted to 40 HFH, and may be posted for a lesser weight.

AXLE WEIGHT: 20,000 pounds on single axle 34,000 pounds on tandem axle 12/000 pounds on front axle, except vehicles of special design.

NOTE: EXCEPTIONS MAY BE GRANTED UNDER EXTRAORDINARY CIRCUMSTANCES.

B. APPLICATION INFORMATION

1. Applications for permits for the movement over the State Highway System for vehicles exceeding the statutory maximum weights or dimensions shall be submitted in writing, in person, or by telephone to the Permit Section of the Department. The Permit Office is open from 6:00 a.m. until 12:00 p.m. (midnight), seven (7) days a week, or as mandated by the Director.

2. Unless otherwise specified, all permits are issued for a single continuous (one way) movement. Adequate time will be allowed for each one way movement. However, an extension of time may be granted where the request is received by the issuing agency prior to expiration of the permit, if inclement weather, vehicle breakdown or other such circumstance beyond the control of the applicant has prevented the trip during the specified dates.

3. Applications for permits to move extraordinary loads of any sort will be submitted in triplicate along with a detailed sketch of vehicles including all tire sizes, distance between axles, and overall dimensions of the vehicle.

4. The Permit Section will route vehicles by considering the traffic volume, the width of the highway and the width and structural integrity of the bridges between the point of origination and destination. The routes selected will also be based on safety of the traveling public, regardless of increased distance, route, or times of movement. Any variance from the permitted route will be a violation of the permit which may result in the permit being voided.

5. At the discretion of the Director, exceptions to rules and regulations may be made.

C. BOND/FEE INFORMATION

1. An applicant may obtain and pay for a permit at the Arkansas State Highway and Transportation's Permit Office located at 10324 Interstate 30, Little Rock, Arkansas, from 6:00 a.m. until 12:00 p.m. (midnight), seven (7) days a week.

2. Arrangements may be made with the Department to set up a monthly charge account for the issuing of permits upon posting of a one thousand dollar ($1,000.00) Surety Bond.

3. To establish a permit account with the State Highway and Transportation Department, it is necessary that the bonding insurance agency execute a Surety Bond in the minimum amount of $1,000.00 on bond forms furnished by the Department. The insurance agency is to forward one completed copy of the bond form, a power of attorney, and a certificate of insurance coverages (For an Example: See Appendix 5) for the files of the Department's Permit Office.

4. Should the person fail to pay any sum owing to the Department within thirty (3 0) days after due, the Department may execute upon the bond.

5. If any account becomes delinquent or if the amount due exceeds the limits of the Surety Bond, no further permits will be issued until the delinquency is liquidated.

6. Account applicants are invoiced each month and must liquidate the full amount of each invoice upon receipt.

7. No fee shall be charged for any permit issued to any governmental agency when the vehicle involved is public property and the proposed movement is on official business.

D. MOVEMENT

1. Any vehicle or piece of equipment which exceeds the dimensions and/or weight prescribed herein may not be moved over the highways of the State of Arkansas without first obtaining a permit for such movement from the Department.

2. Permits will not be issued for the movement of any vehicle or piece of equipment which, in the opinion of the Department, can reasonably be reduced and/or dismantled in size and/or weight to come within the legal limits as set forth herein.

3. Each such permit shall be carried in the vehicle to which it refers and shall be open to inspection by any law enforcement officer or authorized agent of the issuing authority granting such permit.

4. Permits will not be issued for any unlicensed vehicle to tow another vehicle or any equipment which exceeds the legal size or legal weight limitations as prescribed by law.

5. Movement under permit will be allowed on the following holidays:

• Martin Luther King's Birthday

• Robert E. Lee's Birthday

• George Washington's Birthday

• Veterans' Day

6. Permits may be issued for the movement of overweight vehicles on Arkansas Highways on holidays and nighttime, provided that all dimensions are as provided by law. These overweight permits must be obtained in advance of any movement.

E. MOVEMENT RESTRICTIONS

1. No oversized movement through the Greater Little Rock Areas from 7:00 to 9:00 a.m. or 4:00 to 6:00 p.m., on Interstate 30 (mile marker 137-143); Interstate 40 (mile marker 151-155) and all of Interstate 630.

2. Permits will normally be issued for movement during daylight hours only as established by the U, S. Weather Bureau.

3. Permit is not valid for movement during periods of significantly reduced vision and/or inclement weather.

4. Movement of vehicles under permit may be restricted during strong winds or wind gusts exceeding twenty (20) knots (23 mph).

5. Permits for emergency movement of any nature will be issued only upon the applicant' s statement of the nature of the emergency. The permit shall be issued or withheld at the sole discretion of the issuing agent based on the seriousness of the emergency and the roadway and bridge factors which would affect the movement.

6. No permits will be issued, and no movement will be allowed on the days that the following holidays are observed:

-IF THE HOLIDAY FALLS ON MONDAY OR FRIDAY, NO WEEKEND MOVEMENT IS ALLOWED-

• New Year's Day

• Memorial Day

• Independence Day

• Labor Day

• Thanksgiving Day

• Christmas Day

F. COUNTY PERMITS

Six Day Permits:

A permit may be issued for two (2) or more consecutive movements or operations by one vehicle, all of which shall be executed or performed within six (6) consecutive days and will be limited to the State Highways within one (1) county. The application shall include the serial or identification number of the equipment being transported or moved. The permit shall specifically describe the vehicle to be moved, the origination and each destination of such vehicle load, the dates within which the operation or movement is to be executed and completed, and the number of each highway to be traveled. No extension of time shall be granted for this type of permit.

Thirty Day Permits:

The State Highway Commission or its delegate may issue permits for one (1) or more consecutive movements or operations on primary and secondary roads only by petroleum or natural gas field related equipment vehicles for a thirty (30) consecutive day period, including weekends and holidays, which movements or operations may be executed or performed in one (1) or more counties of the State upon the payment of twelve dollars ($12.00) and in addition thereto, for each ton or major fraction thereof exceeding the maximum axle weight or maximum overall weight allowed by law, multiplied by five (5).

No extension of time shall be granted for this type of permit.

G. VIOLATION OF PERMIT

1. Failure to comply with any of the provisions of a permit, and/or the regulations in this Permit Manual, and/or State Code, and/or State Regulation(s) may result in the permit being voided.

2. If false information is provided to obtain a permit, the permit may be voided.

3. If a permit is voided, the permit fee is forfeited and will not be refunded.

4. Any violation of the permit provisions and/or regulations may result in arrest of the operator.

H. TRAFFIC CONTROL

Arkansas Code 27-35-213 provides in addition to the provisions of Arkansas Code 27-35-210, "a person issued an overweight or oversize permit under this subchapter shall be authorized to temporarily stop or halt traffic and safely direct, control, and regulate traffic around the overweight or oversize payload while maneuvering their overweight or oversize pay loads on or off the public streets or highways. Provided, however, that no overweight or oversize permitted payload shall ever halt or stop traffic on a public street or highway while maneuvering on or off the street or highway for more than three (3) minutes in time or stop or halt traffic within five hundred (500) feet from the crest of a hill."

I. MINIMUM SPEED LIMIT ON INTERSTATE HIGHWAYS

All permitted vehicles routed on Interstate Highways are required to maintain the minimum posted speed limit. If no minimum speed limit is posted, the vehicle is required to maintain a minimum speed of 40 MPH.

SECTION III

OVERDIMEMSIONAL MOVEMENTS

A. INTRODUCTION

Arkansas Code 27-35-206, Width of Vehicles; 27-35-207, Height of Vehicles; 27-35-208, Length of Vehicles; provides for the conditions for movement of overdimensional vehicles in the State.

B. APPLICATION

Refer to Section II, "B", (GENERAL INFORMATION) herein.

C. BOND/FEE INFORMATION

Refer to Section II, "C", (GENERAL INFORMATION) herein.

D. OVERWIDTH MOVEMENT

1. The maximum overall width of a vehicle authorized to be moved upon highways by permit shall be twenty feet (20') or less based on the condition of the highway, distance traveled, and the volume. or type of traffic. Under emergency conditions, the maximum overall width may be exceeded to twenty-four feet (24') by permit only for short moves based on the nature of such emergency, and the adequacy of traffic control,

2. The maximum overall width of a vehicle authorized to be moved upon Interstate Highways by permit shall be sixteen feet (16').

3. No overwidth vehicle shall follow another overwidth vehicle closer than one thousand feet (1,000')

4. The Permit Section shall specify the route, time of travel, type of "Oversize Load" sign, placement of escort vehicles and number of escort vehicles upon the issuance of each permit for the movement of the overdimensional load. (Refer to Section VI which discusses escort requirements),

5. Vehicles exceeding the legal allowable width, height or length shall have a plainly legible sign reading "OVERSIZE LOAD" displayed across the front and rear of the loaded vehicle and eighteen inch (18") red flags on the rear corners of the load. The signs required by these regulations shall be constructed of a durable material with a yellow background and black letters of sufficient size to be legible to all traffic within a safe distance. (NO OVERSIZE LOAD SIGNS ARE REQUIRED ON VEHICLES TRAVELING UNDER AN OVERWEIGHT PERMIT IF ITS DIMENSIONS ARE OTHERWISE LEGAL).

6. On any controlledy access, divided highway with four (4) or more lanes, any vehicle in excess of fourteen feet (14') in width, inclusive of overhangs, and/or clearance lights, and/or eaves, and/or any other appurtenance, shall be accompanied by one (1) escort vehicle. The escort vehicle shall travel behind the vehicle. (See Section VI, D, (10) for the distance.)

7. On all other highways, the movement of vehicles in excess of twelve feet (12') in width through fourteen feet (14') in width, inclusive of overhangs, and/or clearance lights, and/or eaves, and/or any other appurtenance, shall be accompanied by one (1) escort vehicle. The escort vehicle shall travel in front of the vehicle. The movement of any vehicle which exceeds fourteen feet (14') in width shall be accompanied by two escort vehicles. One escort vehicle shall precede the permitted load, and one escort shall follow it. (See Section VI, D (10) for the distance.) An enforcement officer of the Arkansas Highway Police Division may authorize escorts as deemed necessary for the safety of the traveling public. Permittee must obtain or furnish the escort vehicle as prescribed herein.

8. All permitted vehicles shall be equipped with tail lamps and signal lamps which conform to applicable state and federal standards.

9. Cutter blades and other equipment of a hazardous nature in excess of fourteen feet (14') will be cradled to such an angle as is necessary to reduce the maximum overall width to fourteen feet (14').

10. Permits may be issued for movement of overdimensional loads on Arkansas Highways on Saturday and Sunday unless they fall on a holiday restricted under Section II, Item E, 6. These overdimensional permits must be obtained in advance of any movement.

11. Movers of overdimensional loads are required to take down and replace, as necessary, all signs, mailbox(s) and posts. Notification, and the consent of owners, shall be obtained in advance of any move.

E. OVERHEIGHT MOVEMENT

1. No vehicles operated upon the State Highway System laden or unladen, shall exceed a height of thirteen feet and six inches (13'6") except by permit issued by the Permit Section,

2. If the overall height exceeds thirteen feet and six inches (13' 6"), an escort vehicle with a clearance bar which extends six inches (6") above the permitted height is required to precede the load.

3. If the overall height exceeds seventeen feet (17') the move must be accompanied by public utilities personnel who have overhead facilities affected on the route.

F. OVERLENGTH MOVEMENT

1. If a semitrailer or trailer, laden or unladen, does not exceed 53 feet and six inches (53'6"), there is no overall length restriction, and the vehicle is considered to be in compliance with the length law.

2. If a semitrailer or trailer, laden or unladen, exceeds 53 feet and six inches (53'6"), but the overall length does not exceed sixty feet (60'), the vehicle is considered to be in compliance with the length law.

3. If a semitrailer or trailer, laden or unladen, exceeds 53 feet and six inches (53' 6") and the overall length exceeds 60 feet, and the trailer length can not be reduced, the following provisions apply:

a. A permit is necessary before the vehicle can make a movement.

b. If the overall length does not exceed ninety feet (90') the vehicle may run at any time on a twenty-four hour; seven day a week basis by obtaining a permit.

c. If the overall length exceeds ninety feet (90'), the vehicle may run only during the hours of daylight. No nighttime or holiday movement will be allowed. One escort will be required to follow the load on all state highways, except controlled access, divided highways with four (4) or more lanes. (See Section VI, D, (10) for the distance.)

4. Trailer measurement will include any projecting load from the rear. Loads projecting from the front of the trailer between the tractor cab and trailer will not be included in the measurement of the trailer length.

5. The load upon any vehicle operated alone, or the load upon the front vehicle of a combination of vehicles, shall not extend more than three feet (3') beyond the front wheels of such vehicle or the front bumper of such vehicle if it is equipped with such a bumper, except by permit. No permit will be issued for any vehicle with a front overhang in excess of twenty feet (20').

6. Those vehicle combinations in which the length of the trailer(s)/semitrailer(s) are in compliance with the length law, and no other permit is required, are not required to have an escort if the overall length does not exceed ninety feet (90'),

7. Truck Tractor-Semitrailer-Trailer combinations:

a. The maximum legal length for a semitrailer or trailer, used in this combination, manufactured prior to December 2, 1982, is twenty-eight and one-half feet (28 1/2').

b. The maximum legal length for a semitrailer or trailer, used in this combination, manufactured after December 1, 1982, is twenty-eight feet (28').

c. If either trailer or semitrailer, used in this combination, exceeds the applicable maximum legal length, and if the overall length does not exceed sixty-five feet (65') there is no restriction.

G. TRIPLE SAODLEMOUNT VEHICLES

1. A triple saddlemount vehicle combination is defined as a combination of four (4) truck -tractors where the front axle of second truck-tractor is securely mounted on the rear of the lead truck - tractor, the front axle of the third truck-tractor is securely mounted on the rear of the second truck-tractor, and the fourth truck-tractor is securely mounted on the rear of the third truck-tractor; and with the rear wheels of the second, third, and fourth truck-tractors trailing on the ground behind the operating motor unit.

2. The overall length of this combination shall not exceed ninety feet (90') and can operate twenty-four hours a day; seven days a week.

3. No permit will be issued for any combination that exceeds ninety feet (90') in length and it will not be allowed to operate,

4. The combination must conform to the applicable safety regulations in 49CFR 393.71 and existing state laws and regulations.

SECTION IV

OVERWEIGHT MOVEMENTS

A. INTRODUCTION

The State Highway Commission, with respect to highways under their jurisdiction, and local authorities, with respect to highways under their jurisdiction, may in their discretion and as provided in this section, issue a permit to transport vehicles that cannot readily be reduced in weight.

B. APPLICATION

Refer to Section II, "B" (GENERAL INFORMATION) herein.

Front End (Steering) Permits: A description of the vehicle, to include the make, license/VIN number, state in which licensed, and a clear photograph of the vehicle, shall accompany the application for permit.

C. BOND/FEE INFORMATION

Refer to Section II, "C" (GENERAL INFORMATION) herein.

Front End (STEERING) Permits: There shall be no fee imposed for subject permit.

D. DEFINITIONS

Front and/or steering Axle(s): A front or steering axle shall be defined as one attached to the front of the vehicle and which is used to steer the vehicle on a given path or direction. Two front/steering axles no less than forty inches (40") apart and no farther than ninety-six inches (96") apart shall be considered a tandem front/steering axle configuration. Any two axles which are spaced less than forty inches (40") apart or more than ninety-six inches (96") apart may not be considered a tandem front/steering axle configuration. Measurements shall be made from the center of axle to center of axle to the nearest inch.

SINGLE LOAD CARRYING AXLE(s): A load carrying axle shall be defined as an axle, other than a front/steering axle, which is permanently attached to a vehicle or dolly, and is designed to carry a portion of the gross weight of a vehicle or "combination of vehicles. A group of two (2) or more axles in which the outer two (2) axles measure less than forty inches (40") from the centers of the axles, shall be considered a single load carrying axle for all purposes. A load carrying axle shall have a minimum capacity rating of eighteen thousand (18,000) pounds. Measurements shall be made from the center of axle to center of axle to the nearest inch. (Illustration: See Appendix 6)

TANDEM AXLES: Tandem axles shall be defined as two (2) or more consecutive axles whose centers may be included between parallel transverse vertical planes spaced more than forty inches (40") and not more than ninety-six (96") apart, extending across the full width of the vehicle. (Illustration: See Appendix 6) Definition reference Act 1231, 1991.

TRIDEM AXLES: Tridem axles shall be defined as a group of three consecutive load carrying axles which are permanently attached to a vehicle or dolly, and two of which are in tandem, in which the outer axles are no less than ninety-seven inches (97") and no farther than two hundred and four inches (204") apart, when measured from the center of axle to the center of axle to the nearest inch. (Illustration: See Appendix 6)

QUADRUM AXLE: Any four consecutive axles whose extreme centers are not more than 192 inches apart and are individually attached to or articulated from, or both, a common attachment to the vehicle including a connecting mechanism designed to equalize the load between axles. (Illustration: See Appendix 6)

LIFT AXLE: Any load carrying axle permanently attached to a vehicle or dolly so as to make possible the raising or lowering of the axle and which can affect the amount of weight carried by that axle or other axles,

DOLLY: A device, other than a trailer or semitrailer, attached to one or more axles which, when connected to a vehicle or combination of vehicles, carries a portion of the gross weight of the vehicle or combination of vehicles.

TRUNNION WHEEL COMBINATIONS: Independent wheel assemblies designed with hydraulic suspension cylinders and located transversely across from each other to form an axle combination.

TRUNNION DOLLY ASSEMBLIES: Any dolly unit consisting of trunnion wheel combinations that may be connected by steel beams or be used to support loads at extreme ends.

GROSS WEIGHT: The weight of a vehicle and/or vehicle combination without load plus the weight of any load thereon.

FEDERAL BRIDGE FORMULA: The Federal Bridge Formula shall be defined as the following mathematical formula:

W = 500 X [ LN/(N - 1) + 12N -I- 36 ]

W = shall be defined as the maximum weight in pounds that can be carried on a group of two or more axles to the nearest five hundred (500) pounds,

L = shall be defined as the distance in feet, measured from center of axle to center of" axle to the nearest foot, between the extremes/outer axles of any group, of two (2) or more consecutive axles,

N = shall be defined as the total number of axles in the group under consideration.

The numbers in the above formula (500; -i; 12; and 36) shall be constant numbers.

E. MAXIMUM WEIGHT ON FRONT/STEERING AXLE

The maximum weight imposed on the highway by the front steering axle of a vehicle shall not exceed twelve thousand (12,000) pounds. Arkansas Code 25-35-203(c)(1).

The Director may issue permits for a maximum single front/steering axle weight not to exceed eighteen thousand (18,000) pounds and a maximum tandem front/steering axle weight of not to exceed thirty-two thousand (32,000) pounds for vehicles of special design, equipment, or construction, engaged in occasional or specialized heavy hauling such as, but not limited to, hauling of heavy machinery, commodities which require specialized equipment, oil or gas field equipment, or similar equipment for a period of not more than twelve (12) consecutive months, upon written application containing satisfactory proof that such vehicle(s) are used solely for the above purposes.

F. SINGLE/TANDEM/TRIDEM/QUADRUM AXLE LOAD LIMITS

Single Axle Load Permitted: No permit shall be issued for the movement of a vehicle, except off-the-road vehicle and/or equipment, if the gross weight imposed upon the highway by the wheels of any one (1) single axle exceeds twenty thousand (20,000) pounds.

Tandem Axle Load Permitted: The total gross load that shall be permitted upon the highways on a tandem configuration shall not exceed forty thousand (40,000) pounds, and no one (1) axle of any such group shall exceed twenty thousand (20,000) pounds.

Tridem Axle Load Permitted: The total gross weight permitted in a tridem configuration shall not exceed sixty thousand (60,000) pounds, and no one (1) axle of any such group shall exceed twenty thousand (20,000) pounds.

Quadrum Axle Load Permitted: The total gross weight permitted on the highways by a quadrum configuration shall not exceed sixty-eight thousand (68,000) pounds, and no one (1) axle of any such group shall exceed seventeen thousand (17,000) pounds.

G. MOVEMENT OF OVERWEIGHT VEHICLES

Permits may be issued for the movement of overweight vehicles on Arkansas Highways on Saturday, Sundays, holidays and nighttime. These overweight permits must be obtained in advance of any movement.

H. MOVEMENT REQUIREMENTS

Signs: No oversize load signs are required on vehicles traveling under an overweight permit if their dimensions are otherwise legal.

Escorts: No escorts are required on vehicles traveling under an overweight permit if their dimensions are otherwise legal, unless deemed necessary by the Permit Section.

I. FACTORS CONSIDERED IN THE ISSUANCE OF PERMITS

Factors used to determine whether a permit is issued may include traffic volume and type, dimensions of highways, type(s) and condition(s) of road surface(s); type of transporting vehicle, federal bridge formula, condition of the bridges and other structures, public safety and needs.

SECTION V

VEHICLES OF SPECIAL DESIGN

A. INTRODUCTION AND DEFINITION

Vehicles of special design are defined as any pneumatic and/or rubber tired mobile construction vehicle or equipment carrying no load other than its own weight which has been reduced in size and/or weight until further reduction is impractical.

B. APPLICATION

Refer to Section II, "B", (GENERAL INFORMATION) herein.

C. BOND/FEE INFORMATION

Refer to Section II, "C", (GENERAL INFORMATION) herein.

Upon application and the payment of an annual fee of one hundred dollars ($100), the Director of state Highways and Transportation shall issue a permit for the movement of a crane exceeding the length as provided in Act 98 of Acts of the General Assembly for the year of 1955 as amended (Ark. Code 27-35-208), moved on pneumatic tires within a radius of thirty-five (35) miles of a point of origin of such movement, for a period of one (1) year from the date of the issuance of such permit.

D. FRONT/STEERING AXLES

Refer to Section IV, "E", (OVERWEIGHT MOVEMENT) herein.

E. MOVEMENT REQUIREMENT

1. Permits for the movement of a Vehicle of Special Design will be issued on the basis of the actual width of the tires (IN INCHES) multiplied by 650 pounds per inch width, multiplied by the total number of tires. The total weight on all tires in contact with the road surface will determine the gross weight. Maximum gross weight will be limited as necessary to protect the bridges and roadway surfaces of the highways involved.

2. The load upon any vehicle operated alone, or the load upon the front vehicle of a combination of vehicles, shall not extend more than three feet (3') beyond the front wheels of such vehicle or the front bumper of such vehicle if it is equipped with such a bumper, except by permit. No permit will be issued for any vehicle with a front overhang in excess of twenty feet (20'),

3. A permit for vehicles of special design will not be issued until the vehicle or equipment has been reduced in dimension and/or weight to come within the legal limits or permit movement criteria as set forth in this manual.

4. All vehicles must maintain the minimum posted speed limits if routed where a minimum speed limit is posted. The vehicle is required to maintain a minimum speed of 40 MPH on Interstate highways,

5. On any controlled access, divided highway with four (4) or more lanes, any vehicle in excess of fourteen feet (14') in width, inclusive of overhangs, and/or clearance lights, and/or any other appurtenance, shall be accompanied by one (1) escort vehicle. The escort vehicle shall travel behind the vehicle, (See Section VI, D, (10) for the distance).

6. On all other highways, the movement of vehicles in excess of twelve feet (12') in width through fourteen feet (14') in width, inclusive of overhangs, and/or clearance lights, and /or any other appurtenance, shall be accompanied by one (1) escort vehicle. The escort vehicle shall travel in front of the vehicle. The movement of any vehicle which exceeds fourteen feet (14') in width shall be accompanied by two escort vehicles. One escort vehicle shall precede the permitted load, and one escort shall follow it, (See Section VI, D (10) for the distance requirements), An enforcement officer of the Arkansas Highway Police Division may authorize escorts as deemed necessary for the safety of the traveling public. Permittee must obtain or furnish the escort vehicle as prescribed herein.

7. All permitted vehicles shall be equipped with tail lamps and signal lamps which shall conform to applicable state and federal standards.

F. OIL FIELD EQUIPMENT

1. DESCRIPTION: The following are examples of petroleum or natural gas field related equipment/vehicles:

(1) work over rigs;

(2) substructures ;

(3) derricks;

(4) mud pumps;

(5) mud tanks;

(6) drill rigs;

(7) cranes;

(8) dozers.

2. COUNTY PERMITS: This equipment may obtain a thirty (30) consecutive day permit. (Refer to Section II, Item F (2).

SECTION VI

ESCORTS

A. INTRODUCTION

In accordance with the Arkansas State Highway and Transportation Commission Minute Order No, 72-252 dated May 24, 1972, no permit is required for an escort vehicle. However, all persons, firms, partnership or corporations providing escort service shall file with the Department's Permit Section a certificate of liability insurance in the amount required herein from a company licensed to do business in the State of Arkansas.

B. APPLICATION INFORMATION

No escort vehicle permit is required.

C. BOND INFORMATION

No escort vehicle bond is required.

D. ESCORT REQUIREMENTS

Insurance: The amounts of bodily injury coverage should be in amounts of not less than $100,000 for each bodily injury or death, $300,000 for each accident, and property damage coverage of not less than $25,000 for each accident. ($325,000 dollars minimum combined single limit coverage).

Vehicle: An escort vehicle must be either a truck of not less than one-quarter (1/4) ton rated load capacity or an automobile of not less than 2,000 pounds and must be properly licensed under the laws of the State of Arkansas and/or reciprocal agreements,

Identification: The escort vehicle must have the name -and address or telephone number and city of the company/owner of the escort vehicle on each door, plainly legible and visible to the motoring public, Well known company logos are acceptable, Logos/Names have to reflect what is shown on the insurance certificate on file in the Permit Office.

Signs: An escort vehicle accompanying an over-dimensional load shall display signs which state "OVERSIZE LOAD", except an escort vehicle accompanying a manufactured home unit shall display signs which state "OVERSIZE LOAD/OVERSIZE (width in feet) LOAD". An example of the sign is "OVERSIZE 14 LOAD" (rounded up to the nearest whole foot). These signs shall be constructed of a durable material with a yellow background and black letters of a two inch (2") stroke and a minimum height of ten inches (10").

Safety Equipment: All escort vehicles must be equipped with a ten (10) pound Class BC dry or equivalent chemical type fire extinguisher; four (4) 15-minute burning flares, light sticks or triangles; and any other device required by the Permit Section.

Lighting: All escort vehicles must have operating either a rotating amber light or a strobe-type amber light. The specific requirements for each type are a follows:

Rotating Light:

-Incandescent or halogen bulb lamps capable of emitting a minimum of 35,000 total candlepower, factory certified.

-Steady beam of light emitted.

-Minimum lens height of six inches (6").

-Horizontally visible from all directions (360 degrees)

Lighting (continued)

Strobe Light:

-Strobe type light source capable of emitting a minimum of 500,000 total candlepower, factory certified.

-Flashing light capable of a minimum of 8 0 flashes per minute.

-Minimum lens height of three and one-half inches (3 1/2").

-Horizontally visible from all directions (360 degrees).

Regardless of the type of light utilized, the mounting of the light shall be on top of the escort vehicle. In order to ensure 3 60 degree visibility, the light shall in no way be obstructed from view by any signs- or appurtenances on the vehicle.

Flags: There shall be two (2) solid red flags, 18" square, mounted other than vertical or horizontal atop the escort vehicle (40 degrees to 70 degrees angle preferred). These flags are not to extend more than 6" on either side of the vehicle and shall in no event exceed 8'0" in width at maximum spread. Flags shall be mounted in line with the warning lights.

Clearance Bar: For overheight loads, it is required that a clearance bar of some design be attached to the escort vehicles to warn of any clearance problems of the load being escorted if the load exceeds legal height.

Communications: All escort and towing vehicles shall be equipped with two-way radio communication between vehicles.

Distance: The escort and towing vehicle shall have a distance of two hundred feet (200') between them at all times.

Escort Vehicle Placement:

a. Any vehicle which is overheight is required to have one (1) escort vehicle which shall travel in front of the vehicle.

b. Any vehicle which is only overlength where one (1) escort is required, the escort vehicle shall travel behind the vehicle/cargo.

c. Any vehicle which requires two (2) escort vehicles, one (1) escort vehicle shall travel in the front and one (1) escort vehicle shall travel behind the vehicle/cargo.

d. Escort placement is specified in Section III, Section V, Section VII, and Section VIII of this manual.

e. The Permit Section may make exception to these requirements.

Traffic Control: Escort vehicles serve as warning of a possible hazard to other traffic. See provisions of Act 918 of 1991, Arkansas Code 27-35-213 and 27-35-310 for persons and payloads issued overweight or oversize permits to stop and direct traffic in Section I, VII and VIII.

SECTION VII

MANUFACTURED HOME UNTTS

A. INTRODUCTION

Arkansas Code 27-35-301 provides the following definition .,,"Manufactured home unit means a structure constructed for use as a dwelling, office, or classroom which is more than eight feet (8') in width or sixty feet (60') in length and is capable of being moved upon the highways when combined with a pulling vehicle."

B. APPLICATION INFORMATION

1. Arkansas Code 27-35-304 provides, in part, "Manufactured home units may be lawfully moved interstate and intrastate on the highways, roads, and streets of this state by procuring a special permit issued by the Department."

2. Persons moving their personal manufactured home units not over twelve feet (12') wide, exclusive of clearance lights, registered to such persons, and not for the purpose of sale, with a truck of not less than one-ton factory rated capacity, equipped with such devices and safety equipment and in compliance with safety regulations as required by the Interstate Commerce Commissions as the pulling vehicle, when the driver of a pulling vehicle is experienced in such driving, shall be entitled to a permit upon showing of evidence that they have insurance acceptable to the Department for, and title to, the manufactured home unit.

3. Arkansas Code 27-35-305 provides, in part, "A special permit shall be issued to any licensed carrier, dealer or manufacturer who files with the Department evidence of acceptable insurance coverage."

4. A permit shall be required for each single continuous movement of each manufactured home unit.

5. Arkansas Code 27-35-304(3) provides, "No permit shall be issued for any manufactured home unit exceeding sixteen feet (16') in width inclusive of clearance lights and/or eaves."

6. Permits required under this subchapter may be obtained from the Permit Section of the Department.

7. Permits will be issued to manufacturers or carriers from the point of manufacture to the nearest accommodation facility for manufactured home units up to sixteen feet (16') wide.

C. BOND/PEE INFORMATION

1. Arkansas Code 27-35-307 and 27-35-308 allows payment of fees on a monthly basis and provides for the disposition of such fees.

2. Persons posting a surety bond with the Department in the amount of $1,000.00 payable on default to the State of Arkansas, shall be allowed to pay fees accruing for permits on a monthly basis. Should the person fail to pay any sum owing to the Department within thirty (3 0) days after due, the Department may execute on the bond.

3. The Department shall charge $10.00 for the permit for manufactured homes, exclusive of wire fees.

D. MOVEMENT REQUIREMENTS

Insurance: The minimum liability insurance requirements for manufactured home manufacturers, dealers, and carriers are one hundred thousand ($100,000) dollars for the first bodily injury or death; three hundred thousand ($300,000) dollars for bodily injury or death for each accident; and one hundred thousand ($100,000) dollars for property damage resulting from the accident. ($400,000 dollars minimum combined single limit coverage), Proof of liability coverage in the amounts of $25,000/$100,000/$15,000 or $115,000 combined single limit coverage for persons transporting their own manufactured home must be available for verification at all times during movement in Arkansas.

Signs/Flags: The vehicle pulling the manufactured home unit shall display clearly an "OVERSIZE (width in feet) LOAD " sign on the front and rear of said manufactured home unit and an eighteen inch (18") red square flag on the front corners of the unit. An example of the sign is "OVERSIZE 14 LOAD". The signs shall be constructed of a durable material with a yellow background and black letters of a two inch (2") stroke and a minimum height of ten inches (10").

Brakes: All manufactured home units shall be equipped with axles and brakes which conform to applicable state and federal standards.

Lighting: All manufactured home units shall be equipped with tail lamps and signal lamps which shall conform to applicable state and federal standards.

E. MOVEMENT RESTRICTIONS

1. No movement of manufactured homes in excess of twelve feet (12') wide on two-lane highways will be allowed from 7:00 to 9:00 a.m. and 3:00 to 5:00 p.m. This restriction does not apply to Saturday movement, nor between the dates of June 15th through August 15th.

2. Manufactured homes in excess of ten feet (10') in width may not be transported on Sunday, holidays listed in Section II, Item E or at night.

3. Manufactured home units sixteen feet (16') wide will not be allowed on two-lane highways twenty feet (20') wide or less except by permit. Sixteen feet (16') wide units may be allowed on two-lane highways twenty-two feet (22') wide by permit, if in the opinion of the Department, the movement will not endanger the traveling public or unduly restrict traffic movement. Manufactured home units fourteen feet (14') wide may not be allowed on two-lane highways eighteen feet (18') wide or less except by permit. Fourteen feet (14') wide units may be allowed on two-lane highways twenty feet (20') wide by permit, if in the opinion of the Department, the movement will not endanger the traveling public or unduly restrict traffic movement,

4. Manufactured home units sixteen feet (16') wide will not be permitted on two-lane bridges twenty-two feet (22') wide or less except by permit Sixteen feet (16') wide units may be allowed on two-lane bridges twenty-four feet (24') wide, if in the opinion of the Department, the movement will not endanger the traveling public or unduly restrict traffic movement. A manufactured home unit fourteen feet (14') wide will not be permitted on two-lane bridges twenty feet (20') wide or less except by permit. Fourteen feet (14') wide units may be allowed on two-lane bridges twenty-two feet (22') wide, if in the opinion of the Department, the movement will not endanger the traveling public or unduly restrict traffic movement.

5. Act 35 of 1989 provides that manufactured home units may be moved on Saturdays, The exception to Saturday movement will be where traffic volumes are anticipated to be greater than normal, due to a special event including, but not limited to, college or university athletic events, or Regional or State Fairs scheduled for that particular Saturday and such legal holidays as shall be specified by the Department.

F. ESCORT REQUIREMENTS

1. General escort requirements are described in Section VI of this manual.

2. On any controlled access, divided highway with four (4) or more lanes, any manufactured home in excess of fourteen feet (14') in width, inclusive of overhangs, and/or clearance lights, and/or eaves, and/or any other appurtenance, shall be accompanied by one (1) escort vehicle. The escort vehicle shall travel behind the manufactured home.

3. On all other highways, the movement of manufactured homes in excess of twelve feet (12') in width through fourteen feet (14') in width, inclusive of overhangs, and/or clearance lights, and/or eaves, and/or any other appurtenance, shall be accompanied by one (1) escort vehicle. The escort vehicle shall travel in front of the manufactured home. The movement of any manufactured home which exceeds fourteen feet (14') in width shall be accompanied by two (2) escort vehicles. One escort vehicle shall precede the manufactured home; one escort vehicle shall follow it. (See Section VI, D (10) for the distance requirements), An enforcement officer of the Arkansas Highway Police Division may authorize escorts as deemed necessary for the safety of the traveling public. Permittee must obtain or furnish the escort vehicle as prescribed herein.

G. TRAFFIC CONTROL

The pulling unit and escort for manufactured home movements shall take reasonable measures to prevent excessive build up of accumulated traffic behind them, including pulling over and stopping at safe locations and reduction of speed in safe places for passing.

Arkansas Code 27-35-310, in addition to the provisions of Arkansas Code 27-35-304, provides in part..."a person issued a permit to move manufactured homes under this subchapter shall be authorized to temporarily stop or halt traffic and safely direct, control, and regulate traffic around the manufactured home while maneuvering their payloads on or off the public streets or highways. Provided, that no permitted manufactured home shall ever halt or stop traffic on a public street or highway for more than three (3) minutes in time or within five hundred (500 feet from the crest of a hill."

SECTION VIII

MOVEMENT OF HOUSES

A. INTRODUCTION

Arkansas Code 27-35-3 09 provides, in part, "The laws of this state and regulations of qualified house movers in this state who have met the financial responsibility requirements of the State Highway and Transportation Department shall be authorized to move, upon the public highways of this state, houses up to and including twenty-eight feet, six inches (28'6") in width, exclusive of roof overhang, upon obtaining a permit as required by law.

Municipalities and counties, respectively, may make and enforce other rules and regulations regarding the movement of houses on the city streets and on county roads within their jurisdiction as they shall deem appropriate..."

B. APPLICATION INFORMATION

Application for the movement of houses shall be submitted to the District Engineer for the purpose of approving the movement of a house within or through that district. The District Engineer has the authority and responsibility for approving the route over which the house will move. The Permit Section of. the Highway Police Division is not authorized to issue a permit for the movement of a house prior to receiving a written route approval for the District Engineer. An approval form must be completed by the District Engineer and received by the Permit Section, via mail or telefax, before the permit can be issued. In reviewing the route over which the move is to take place, the District Engineer shall not only take into consideration the physical features of the roadway but also the traffic volumes, the peak hours of traffic and the congestion and/or inconvenience the movement of a house would have on the traveling public.

The time of movement and the route over which the move will take place is to be selected with the motorists' interest in mind and not solely the interest of the house movers.

Applications shall be submitted as far in advance of the movement as possible and adequate time allowed for review and approval.

The maximum overall width allowable under a normal permit for the movement of a house upon State Highways is twenty-eight feet and six inches (28'6") based on the route requested, the conditions of the highway, the distance involved in the movement and the volume and type of traffic. However, this maximum width may be exceeded only when an emergency or special circumstance exists and is concurred in by the District Engineer(s) for the District(s) in which the move is to be made and approved by the Permit Section.

Any manufactured home unit shall comply with the _ rule and regulation as described in Section VII.

C. BOND INFORMATION

A Surety Bond in the amount of Five Thousand Dollars ($5,000) for damages which may result from the movement of all houses in excess of twenty (20) feet in width, shall be filed with the Permit Section before permits can be issued for movement of houses in excess of twenty (20) feet in width, unless otherwise specified by the Permit Section.

D. MOVER REQUIREMENTS

Insurance and Liability: The applicant shall assume absolute liability and shall pay for any and all damages to highways, highway facilities, persons, or private property resulting from the movement of an oversize house and shall file with the Department's Permit Section a certificate of liability insurance from a company licensed to do business in the State of Arkansas. The minimum liability insurance requirements are $100,000 for the first injury, $300,000 for each accident, and $25,000 for property damage. ($325,000 minimum combined single limit coverage),

Route Inspections: Prior to the issuance of a permit, the mover shall make arrangements with the District Engineer(s) for an inspection of the route over which the move will be made. A three (3) day notice should be given to make arrangements for this initial inspection. Outside house dimensions shall be furnished at the time of the route inspection.

Agreements With utility Companies: Written agreements shall be obtained by the movers from all utility companies involved to assure that all arrangements have been made for any adjustments. Where the overall height exceeds seventeen feet (17') the move must be accompanied by public utilities personnel who have overhead facilities affected on the route.

Traffic Control: Arrangements will be made to allow immediate passing of all emergency vehicles during the move. Arkansas Code 27-35-310 provides in addition to the requirements on persons and payloads issued permits to move houses under 27-35-309, a person issued a permit to move houses under this subchapter shall be authorized to temporarily stop or halt traffic and safely direct control, and regulate traffic around the house while maneuvering this payload on or off the public streets or highways. Provided, that no permitted house shall ever halt or stop traffic on a public street or highway while maneuvering on or off the street or highway for more than three (3) minutes or stop or halt traffic within five hundred feet (500') from the crest of a hill.

Flagmen: Flagmen shall be the sole responsibility of the movers.

Escorts: An escort vehicle is required both front and rear of movement. Two-way radio communication is required between escorts. (See Section VI herein for escort requirements).

E. RESTRICTIONS

Holidays: No permit will be issued for the movement of houses on specified holidays in Section II, Item E, 6.

Inclement Weather: No movement will be made during inclement weather.

Days/Hours: Movement of all houses in excess of fourteen feet (14') in width will be allowed only during the following hours:

Monday Through Thursday: 9:00 a.m. to 3:00 p-m.

Fridays: 9:00 a.m. to 12:00 (noon)

Sundays: Daylight to 9:00 a.m.

Limitations/Cancellation: Permits for moving houses will be limited to two (2) days. Permits will not be canceled but may be extended providing the Department is notified prior to expiration of the original permit. No permit will be issued for movement of houses on the Interstate Highways or fully controlled access freeways.

SECTION IX

FEE CHARTS OVERWEIGHT PERMTTS

OVERWEIGHT PERMIT FEE INFORMATION

In accordance with Arkansas Code 27-35-210(e), a charge of twelve dollars ($12.00) shall be made for each permit. In addition, for each ton or major fraction thereof to be hauled in excess of the lawful weight and load for that vehicle, or combination of vehicles, charges shall be made for such as follows:

| MILEAGE | CHARGE ON EACH TON, PER TON, OR FRACTION | | --- | --- | | NOT MORE THAN 100 MILES.............. | .......$ 8.00 | | 101 MILES/150 MILES, INCLUSIVE...... | .......$10.00 | | 151 MILES/200 MILES, INCLUSIVE...... | .......$12.00 | | 201 MILES/250 MILES, INCLUSIVE...... | .......$14.00 | | OVER 251 MILES................................. | .......$16.00 |

In accordance with Arkansas Code 27-35-210(i), a charge of twelve dollars ($12.00) shall be made for each permit for the movement of any overweight mobile construction vehicle or equipment upon highways under the Commission's jurisdiction, provided that such vehicle or equipment is equipped with pneumatic tires and has been reduced in size and/or weight until further reduction is impractical. In addition, for each ton or major fraction thereof to be hauled in excess of the lawful weight and load for that vehicle or equipment, charges shall be made for such as follows:

| FIRST 5 TONS, PER TON,OR FRACTION | NEXT 5 TONS, PER TON, OR FRACTION | ANY ADDITIONAL TONNAGE | | | --- | --- | --- | --- | | 100 MILES..................... | .....$1.25......... | ...$2.50...... | .....$3.75 | | 101 TO 150 MILES, INCLUSIVE......... | .....$2.00......... | ...$3.50...... | .....$5.00 | | 151 TO 200 MILES, INCLUSIVE......... | .....$2.50......... | ...$4.50...... | .....$6.25 | | 201 TO 250 MILES, INCLUSIVE......... | .....$3.25......... | ...$5.50...... | .....$7.50 | | OVER 251 MILES................. | .....$3.75......... | ...$6.25...... | .....$8.75 |

SECTION X

EXEMPTIONS

A. INTRODUCTION

Arkansas Code 27-35-2 09 provides that forestry machinery shall be exempted from width and height permits.

Arkansas Code 27-3 5-210 provides exemptions for vehicles described as farm equipment or special cargoes.

B. APPLICATION

Non applicable.

C. BOND/PEE INFORMATION Non applicable,

D. EXEMPTIONS

Forestry machinery shall be defined as machinery which is an integral part of planting, harvesting or crop maintenance of a forestry operation, when traveling directly from or directly to a forestry plot.

Forestry Machinerv (Arkansas Code 27-35-209:

"Forestry machinery shall be exempt from width and height limitations imposed by this subchapter, and all other statutes limiting the width and height of vehicles operating upon the state's highways.

This section shall have no application to forest machinery traveling on federal interstate highways."

Farm Equipment/Special Cargoes (Arkansas Code 27-35-210):

"It shall not be necessary to obtain a permit nor shall it be unlawful to move any vehicle or machinery in excess of the maximum width prescribed in Arkansas Code 27-35-206 used for normal farm purposes only, such as, but not limited to, hay harvesting equipment, plows, tractors, bulldozers, combines, etc, where:

It is hauled on a vehicle licensed as a natural resource vehicle; or

The vehicle or machinery is being transported by a farm machinery equipment dealer or repairman in making a delivery of new or used equipment or machinery to the farm of the purchaser; or

The vehicle or machinery is being used in making a pick up and delivery of such farm machinery or equipment from the farm to a shop or a farm equipment dealer or repairman for repairs and return to the farm; and

The movement is performed during daylight hours within a radius of fifty (50) miles of the point of origin thereof and no part of the movement is upon any highway designed and known as a part of the national system of interstate and defense highways or any fully controlled access highway facility.

It shall not be unlawful nor shall it be necessary to obtain a permit to transport round bales of hay upon any public highway or road that is not a fully controlled highway or road if the load does not exceed twelve feet (12') in width."

Exemptions for Vehicles Utilized to Transport compacted Seed Cotton (Arkansas Code 27-35-206) and 27-35-208

"Vehicles, as defined in subsection (2) of 27-14-207, utilized to transport compacted seed cotton from the farm to the first point at which such seed cotton shall first undergo any processing, preparation for processing, or transformation from its compacted state may operate upon all highways of this state, with the exception of Federal Interstate Highways, with widths not exceeding one hundred eight inches (108") without such special permit, however, such vehicles must be equipped and operated in compliance with the traffic laws of this state as well as all safety rules and regulations of the United States Department of Transportation and the Arkansas State Highway Commission." In addition, such vehicles must be equipped and operated with both front and rear bumpers and signs or placards as provided in Act 69 of 1992,

Exemptions from Overlength Permit:

Length limitions shall not apply to vehicles operated in the daytime when transporting poles, pipes, machinery, or other objects of a structural nature which cannot readily be dismembered, nor to vehicles transporting objects operated at nighttime by a public utility, or its agent, or electric/telephone cooperatives, or their agents, when required for emergency repair of public facilities or properties or when operated under permit as provided by law.

Specific examples are as follows-

1. If the load is flush or longer than the trailer (regardless of the length of trailer) the load is exempted from permit during daylight hours.

2. If the load is shorter than the trailer and if the trailer is over 53'6" an oversize permit is required for the trailer.

3. If the load is exempted from a permit, it is exempt from all requirements of an escort, etc.

4. Poles, pipes, things of structural nature or machinery transported at night are treated as any other combination or permit load.

Arkansas Code 27-35-208(a) provides " any single truck, unladen or with load, utilized to transport compacted seed cotton from the farm to the first point at which such seed cotton shall first undergo any processing, preparation for processing, or transformation from its compacted state may be operated on the highways of this state, with the exception of Federal Interstate Highways, with an overall length in excess of forty feet (40') but no more than fifty-five feet (55')."

APPENDIX 1

APPLICATIONS FOR PERMIT INFORMATION

INFORMATION REQUIRED TO OBTAIN A PERMIT

Application for a permit may be made in person, in writing or by telephone to the permit Section of the Arkansas State Highway and Transportation Department. This office is the only source for permits. The telephone number is ( 501-569-2381).

The application shall include the following information as shown on the example of a permit on .the following page.

NAME OF APPLICANT

ADDRESS

DESCRIPTION OF LOAD

MAKE OF V EHI CLE

LICENSE NUMBER OF VEHICLE AND TRAILER

STATE IN WHICH VEHICLE IS REGISTERED

TOTAL NUMBER OF AXLES

GROSS WEIGHT, INCLUDING STEERING AXLE

MAXIMUM WIDTH

MAXIMUM LENGTH

MAXIMUM HEIGHT

FRONT OVERHANG

ORIGIN (within Arkansas)

DESTINATION (within Arkansas)

HIGHWAY NUMBERS OVER WHICH MOVEMENT IS REQUIRED

DATES MOVEMENT REQUESTED

NUMBER OF ESCORTS

APPENDIX 1

APPLICATIONS FOR SPECIAL PERMIT

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APPENDIX 2

FEDERAL BRIDGE FORMUIA

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APPENDIX 3

FRONT END (steering) PERMIT

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APPENDIX 4

ARKANSAS HIGHWAY POLICE STATIONS

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APPENDIX 5

CERTIFICATE OF INSURANCE

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APPENDIX 6

EXAMPLES OF AXLE CONFIGURATIONS

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History

• 8/25/1992

001.01.92 Ark. Code R. 006 Rule 17.3 - Splash Guard Requirements

RULE 17.3 - Splash Guard Requirements.

All trailers, trucks, truck/tractors, and/or semi-trailers with a gross vehicle weight rating (GVWR) exceeding 10,000 pounds operated over the highways of the State of Arkansas, subject to the jurisdiction of this Commission, shall have attached thereto a splash apron of flexible material directly to the rear of the rearmost wheels, hanging perpendicularly at right angles to the body of the vehicle, and parallel with the rearmost axle; said apron shall be of such size, weight, and substance as to prevent the bulk of the spray or other substance picked up from the roadway from being thrown on the windshield of a following vehicle.

History

• 11/16/1992