Tennessee Department of Transportation
Chapter 1680-07-01: OW/OD Movements
Responses to Comments
Page 2 of 6
Rulemaking Hearing Rules
of the
Tennessee Department of Transportation
Chapter 1680-07-01
Overweight and Overdimensional
Movements on Tennessee Highways
Responses to Comments
I. INTRODUCTION
On June 21, 2017, the Tennessee Department of Transportation (TDOT) filed a notice of rulemaking hearing with the Secretary of State inviting public comment on the proposed revisions to Chapter 1680-07-01, Overweight and Overdimensional Movements on Tennessee Highways (the “Rules”). These Rules are promulgated in accordance with the Commissioner of Transportation’s authority under T.C.A. § 55-7-205(e), as follows:
The commissioner of transportation shall prescribe by orders of general application, rules and regulations for the issuance and/or renewal of these special permits for stated periods not exceeding one (1) year, for the transportation of such oversize, overweight, or overlength articles or commodities as cannot be reasonably dismantled or conveniently transported otherwise, and for the operation of such superheavy or overweight vehicles, motor trucks, semitrailers and trailers, whose gross weight, including load, height, width, or length, may exceed the limits prescribed herein or which in other respects fail to comply with the requirements of this code, as may be reasonably necessary for the transportation of these oversize, overweight, or overlength articles or commodities as cannot be reasonably dismantled or conveniently transported otherwise.
In accordance with T.C.A. § 4-5-203(a)(1), TDOT also transmitted a copy of the notice of rulemaking directly to interested parties, including the Tennessee Trucking Association, the Specialized Carriers & Riggers Association, the Tennessee Farm Bureau, the Tennessee Road Builders Association, and Tennessee Heavy Tow Truck Operators Association, as well as to the Tennessee Department of Safety and Homeland Security and the Federal Highway Administration, Tennessee Division.
TDOT held a public rulemaking hearing on August 22, 2017, to receive public comment on proposed revisions to Chapter 1680-07-01. In addition, TDOT received two written comments on August 22, 2017. At the public hearing, TDOT extended the public comment period to September 5, 2017, but no additional written comments were received.
A copy of the transcript of the public hearing on August 22, 2017, and copies of the written comments pertaining to Chapter 1680-07-01 are available for inspection at TDOT by contacting the TDOT Office of General Counsel, Suite 300, James K. Polk Building, 505 Deaderick Street, Nashville, TN 37243; telephone number (615) 741-2941; or by email at .
II. SUMMARY OF COMMENTS AND RESPONSES
In accordance with T.C.A. § 4-5-222 and Tennessee Department of State Rule 1360-01-02-.05(1), TDOT summarizes the public comments received at the public rulemaking hearing or in writing before or after the hearing and makes the following responses to these comments.
Rule 1680-07-01-.01 - Purpose and Application of This Chapter
There were no public comments addressed specifically to the proposed amendments to this rule, and there are no changes in the final rule.
Rule 1680-07-01-.02 - Application Process for Special Permits
There were no public comments addressed specifically to the proposed amendments to this rule, and there are no changes in the final rule.
Rule 1680-07-01-.03 - General Conditions for Issuing Special Permits
Dave Manning, president of TCW, a trucking firm engaged in hauling sealed containerized cargo units in international trade, questions whether it is necessary to require the original permit to be carried in the cab of the truck since permits will be issued for each specific vehicle. He requests a revision of the rule to allow haulers to keep a copy of the permit in the vehicle.
Response:
Rule 1680-07-01-.05 - Duration of Special Permits
There were no public comments addressed specifically to the proposed amendments to this rule, and there are no changes in the final rule.
Rule 1680-07-01-.06 - Conditions for Permitting Overwidth Movements
There were no public comments addressed specifically to the proposed amendments to this rule, and there are no changes in the final rule.
Rule 1680-07-01-.07 - Additional Requirements for Equipment with Blades
There were no public comments addressed specifically to the proposed amendments to this rule, and there are no changes in the final rule.
Rule 1680-07-01-.08 - Vehicles Used Exclusively to Transport Seed Cotton Modules
1. Stefan Maupin, representing the Tennessee Farm Bureau, requested clarification as to whether vehicles used to transport seed cotton modules may operate on the state highway system up to eight feet six inches (8’6”) wide without a special permit.
Response: Yes. T.C.A. § 55-7-115(a) provides that vehicles used exclusively to transport seed cotton modules may operate up to a width of nine feet (9’) on highways designated by TDOT and up to eight feet six inches (8’6”) on any other highway. Federal law provides that no State shall impose a width limit “of more or less than” eight feet six inches (8’6”) on the National Network of highways (which includes all highways on the Interstate System as well as other highways identified in 23 CFR Part 658, Appendix A), but it authorizes States to grant special permits allowing vehicles exceeding eight feet six inches (8’6”) to operate on the National Network. 23 CFR 658.15. Accordingly, Rule 1680-07-01-.08(2), as amended, provides that vehicles used to transport seed cotton modules that are more than eight feet six inches (8’6”) wide must obtain a special permit in order to operate on the National Network. The permitted width is limited to nine feet (9’).
2. In addition, Mr. Maupin requested an explanation as to why the proposed rule would only allow movements of seed cotton modules up to nine feet (9’) wide only on highways having four or more lanes or on two-lane highways having a minimum pavement width of twenty-four feet (24’).
Response: Current and proposed Rule 1680-07-01-.06(2) allows specially permitted vehicles between ten feet (10’) and twelve feet six inches (12’6”) wide to move without an escort vehicle on highways having four or more lanes or on two-lane highways having a pavement width (excluding shoulders) of not less than twenty-four feet (24’) but requires a front escort vehicle when such loads operate on a two-lane highways that are less than twenty-four feet (24’) wide. However, because Rule 1680-07-01-.06(1) allows vehicles up to ten feet (10’) wide to operate on all highways without an escort, and vehicles used to transport seed cotton modules will not allowed to exceed nine feet (9’) in width, Rule 1680-07-01-.08(1) has been simplified to allow vehicles used to transport seed cotton modules to operate without a special permit up to nine feet (9’) wide on all state highways except those included on the National Network, where a special permit will be required in accordance with Federal law.
Rule 1680-07-01-.09 - Conditions for Permitting Overweight Movements
There were no public comments addressed specifically to the proposed amendments to this rule, and there are no changes in the final rule.
Rule 1680-07-01-.10 - Conditions for Permitting Overheight Movements
There were no public comments addressed specifically to the proposed amendments to this rule, and there are no changes in the final rule.
Rule 1680-07-01-.11 - Conditions for Permitting Overlength Movements
There were no public comments addressed specifically to the proposed amendments to this rule, and there are no changes in the final rule.
Rule 1680-07-01-.12 - Additional Requirements for Superheavy and/or Extra-Overdimensional Movements
There were no public comments addressed specifically to the proposed amendments to this rule, and there are no changes in the final rule.
Rule 1680-07-01-.13 - Conditions for Movement of Fixed Load Vehicles
There were no public comments addressed specifically to the proposed amendments to this rule, and there are no changes in the final rule.
Rule 1680-07-01-.14 - Conditions for Permitting Movement of Site-Built Houses
There were no public comments addressed specifically to the proposed amendments to this rule, and there are no changes in the final rule.
Rule 1680-07-01-.15 - Conditions for Permitting Movement of Mobile Homes, Manufactured Homes, Portable Modular Units or House Trailers
There were no public comments addressed specifically to the proposed amendments to this rule, and there are no changes in the final rule.
However, the Department requests the Secretary of State, Publications Division, to edit the rule to put all citations to a specific rule into the correct rule numbering format and to substitute “T.C.A.” for all references to the Tennessee Code Annotated. Further, the Department requests the Publications Division to delete the citation to T.C.A. §55-11-205 in the Authority section because this code section has been repealed and transferred to Title 55, Chapter 7, Part 2.
Rule 1680-07-01-.16 - Conditions for Permitting Movement of Houseboats
There were no public comments addressed specifically to the proposed amendments to this rule, and there are no changes in the final rule.
Rule 1680-07-01-.17 - Conditions for Permitting Movement of Sealed Containerized (Ocean Going) Cargo Units
There were no public comments addressed specifically to the proposed amendments to this rule, and there are no changes in the final rule.
Rule 1680-07-01-.18 - Conditions for Permitting Movement of Roof Trusses
There were no public comments addressed specifically to the proposed amendments to this rule, and there are no changes in the final rule.
Rule 1680-07-01-.19 - Conditions for Permitting Movement of Tow Trucks and Disabled Vehicles
Response:
Rule 1680-07-01-.20 - Signs and Markings on Movements
There were no public comments addressed specifically to the proposed amendments to this rule, and there are no changes in the final rule.
Rule 1680-07-01-.21 - Escort Vehicle Signs, Markings and Equipment Requirements
There were no public comments addressed specifically to the proposed amendments to this rule, and there are no changes in the final rule.
Rule 1680-07-01-.22 - Financial Responsibility
There were no public comments addressed specifically to the proposed amendments to this rule, and there are no changes in the final rule.
Rule 1680-07-01-.23 - Bond or Proof of Solvency Requirements
There were no public comments addressed specifically to the proposed amendments to this rule, and there are no changes in the final rule.
Rule 1680-07-01-.24 - Fees
There were no public comments addressed specifically to the proposed amendments to this rule, and there are no changes in the final rule.
Rule 1680-07-01-.25 Revocation, Suspension and Withholding of Permits
There were no public comments addressed specifically to the proposed amendments to this rule, and there are no changes in the final rule.