18.19.8.32 CONTINUOUS MOVEMENT PERMITS:
A. The department, after conducting an evaluation of road conditions, economic impact, overall motor vehicle safety and other considerations, may authorize the issuance of a special permit which allows continuous movement for dimensions or weights that exceed the legal limits. Specific permission for continuous movement shall be stated on the special permit. If continuous movement is granted, specific restrictions may be imposed to maximize the safety of the motoring public as, for example, a requirement that the extreme dimensions of the oversize load be marked with clearance lights. Continuous movement is prohibited during conditions stated in 18.19.8.35 NMAC and during inclement weather. All lighting requirements are in accordance with Federal Motor Carrier Safety Regulations 393.11. Additional restrictions applicable to specific roads and highways may also apply and will be listed on the special permit.
B. A special permit for a continuous move will not be issued for any vehicle, combination or load which exceeds:
(1) a width of twelve feet (12') measured at the widest point;
(2) a height of fourteen feet and six inches (14'6") measured at the highest point;
(3) a length of ninety feet (90') measured from the foremost point to the rearmost point; or
(4) a weight of one hundred and twenty thousand pounds (120,000 lbs.).
C. For purposes of 18.19.8.32 NMAC, the term "special permit" includes a single trip special permit.
D. If continuous movement of an overwidth or overlength vehicle, combination or load is authorized by the department, a rear escort must be utilized for movement during non-daylight hours. Continuous movement is allowed only on interstates and four lane divided highways.
[10/14/92, 9/15/98; 18.19.8.32 NMAC - Rn & A, 18 NMAC 19.8.10.23, 9/14/00; A, 1/30/2004]
18.19.8.33 CONTINUOUS MOVEMENT OF OVERSIZED MANUFACTURED HOMES: A permittee may request continuous movement for manufactured homes having a width of more than 8'6" but not exceeding 12' or an overall length, including towing unit of more than 65' but not exceeding 90', provided that during non-daylight hours, a rear escort is required. Continuous movement is prohibited during conditions stated in 18.19.8.35 NMAC and inclement weather. Continuous movement is allowed only by a special permit issued by the department and is not allowed under a special permit self-issued by a dealer or transporter of manufactured homes under the provisions of Subsection J of Section 66-7-413 NMSA 1978 and 18.19.8.220 NMAC. Continuous movement is allowed only on interstates and four lane divided highways. Lighting requirements for non-daylight hours shall be in accordance with Federal Motor Carrier Safety Regulations 393.11.
[10/14/92, 9/15/98; 18.19.8.33 NMAC - Rn & A, 18 NMAC 19.8.10.24, 9/14/00; A, 1/30/2004]
18.19.8.34 MOVEMENT RESTRICTED DURING NON-DAYLIGHT HOURS, WEEKENDS AND HOLIDAYS: Movement after sunset or before sunrise on weekdays and Saturdays, or movement at any time on Sundays or on legal holidays shall not be permitted. When considering whether a move can be permitted during non-daylight hours, or on Sundays or legal holidays, the department will consider the following:
A. the size and/or weight of the vehicle or load to be permitted;
B. the route to be traveled;
C. the safety to the overall motoring public;
D. advice of the state highway and transportation department officials or law enforcement officials concerning various aspects of the move; and
E. any other consequence of allowing or not allowing the move during such times.
[10/14/92, 9/15/98; 18.19.8.34 NMAC - Rn, 18 NMAC 19.8.10.25, 9/14/00; A, 1/30/2004]
18.19.8.35 LEGAL HOLIDAYS UPON WHICH SPECIAL PERMIT MOVEMENTS ARE PROHIBITED:
A. Unless expressly specified on the special permit, movement is prohibited on the following legal holidays:
(1) New Year's day;
(2) Memorial day;
(3) Independence day;
(4) Labor day;
(5) Thanksgiving day; and
(6) Christmas day.
B. The department may designate other holidays on which movement will also be prohibited. When any of these holidays falls on or is observed on a day other than a Monday or Saturday, movement restrictions shall run from sunset of the day preceding such holiday to sunrise of the day following such holiday. When the holiday falls on or is observed on a Monday, movement is prohibited after sunset of the preceding Saturday until sunrise on the following Tuesday unless otherwise permitted in writing by the department or unless otherwise specified on the special permit. When the holiday falls on or is observed on a Saturday, movement is prohibited after sunset of the preceding Friday until sunrise on the following Monday unless otherwise permitted in writing by the department or unless otherwise specified on the special permit.
[10/14/92, 9/15/98; 18.19.8.35 NMAC - Rn, 18 NMAC 19.8.10.26, 9/14/00]
18.19.8.36 INCLEMENT WEATHER: Special permits may restrict movement during inclement weather to direct movement to the nearest point of safety.
[10/14/92, 9/15/98; 18.19.8.36 NMAC - Rn, 18 NMAC 19.8.10.27, 9/14/00]
18.19.8.37 SPECIAL PERMITS TO GOVERNMENTAL ENTITIES: A governmental entity, whether federal, state or local, is required to obtain a special permit before moving a vehicle, combination or load that exceeds legal limits. In such cases, the permittee shall comply with all applicable restrictions and provisions. No fees will be charged for the issuance of a special permit to any governmental entity but this waiver of fee does not apply to any private person moving the vehicle, combination or load for the governmental entity.
[10/14/92, 9/15/98; 18.19.8.37 NMAC - Rn, 18 NMAC 19.8.10.28, 9/14/00]
18.19.8.38 EMERGENCY SPECIAL PERMIT:
A. Emergency special permits shall be issued only in clear cases of emergency and only in those instances where it is not possible to follow normal procedures for obtaining a special permit. Emergency special permits will not be issued to anyone who has had the opportunity to foresee the situation and time to acquire a single or multiple-trip special permit. When the transportation of military cargo is proposed, involving oversize or overweight vehicles, combinations or loads, the proper military authority must furnish the department a certificate of military necessity before such movement begins.
B. An emergency special permit shall expire upon the conclusion of the emergency condition for which it was issued and all regulations, restrictions and other requirements applicable to over dimension vehicles or loads will apply to the continued movement of the vehicle, combination or load as if the emergency special permit had not been issued.
[10/14/92, 9/15/98; 18.19.8.38 NMAC - Rn, 18 NMAC 19.8.10.29, 9/14/00]
18.19.8.39 TOWING UNIT WHEELBASE REQUIREMENT: The towing unit, except a unit used to move manufactured homes, must have an overall wheelbase of at least ninety-nine inches and must be of sufficient capacity that transporting or pulling of the oversize or overweight load will not create any unnecessary hazard to the motoring public.
[10/14/92, 9/15/98; 18.19.8.39 NMAC - Rn, 18 NMAC 19.8.10.30, 9/14/00]
18.19.8.40 LOADING:
A. Loads for which a special permit has been issued may consist of one or more oversize objects, or of an oversized object and other objects of legal limits, provided that the additional object or objects:
(1) are loaded in accordance with 18.19.8 NMAC;
(2) do not result in exceeding the maximum legal gross weight or axle weights, unless so specified in the special permit; and
(3) because of the positioning of the objects on the vehicle, do not result in exceeding other maximum legal dimensions. Positioning, in order to maximize the available loading area of the vehicle, of one object in a manner which causes the load to be oversize, which in another position would remain within the legal limits, is considered a reducible arrangement and a special permit shall not be issued in such cases.
B. Consideration must be given to the weight and balance of the combined load to assure stability of the load and safety of the move. Any load having two dimensions which exceed the limitations for width, height or length must be loaded in a manner that minimizes the overall combination of dimensions.
[10/14/92, 9/15/98; 18.19.8.40 NMAC - Rn & A, 18 NMAC 19.8.10.31, 9/14/00]
18.19.8.41 FLAGS REQUIRED: A permitted vehicle or load must be properly flagged at all times. "Properly flagged" means that flags are colored red, florescent red or florescent orange and which are no less than twelve inches (12") by twelve inches (12") square on any side and are affixed to the vehicle and load in accordance with the Motor Carrier Safety Act and 18.2.3 NMAC.
[10/14/92, 9/15/98; 18.19.8.41 NMAC - Rn & A, 18 NMAC 19.8.10.32, 9/14/00; A, 1/30/2004]
18.19.8.42 SIGNS REQUIRED: The appropriate oversize load signs must be properly affixed on both the front and the rear of the permitted vehicle. The "OVERWIDTH", "OVERHEIGHT", "OVERLENGTH" or "OVERSIZE" signs must be at least five feet (5') wide by twelve inches (12") high. An "OVERSIZE" sign may be used to designate over-width, over-length or over-height loads. The lettering must be black, one inch (1") wide by ten inches (10") high. The background of the sign must be bright yellow.
[10/14/92, 9/15/98; 18.19.8.42 NMAC - Rn, 18 NMAC 19.8.10.33, 9/14/00]
18.19.8.43 OVERWIDTH VEHICLES, COMBINATIONS OR LOADS:
A. The overall width of a vehicle, combination or load includes any projections, lashing, chains, cables, load binders, or any object or device that constitutes the extreme width unless such devices are used exclusively to secure the load provided such devices do not exceed three inches (3") on either side.
B. Unless otherwise specified on the special permit, the permitted load shall be properly flagged and have appropriate signs designating it as an overwidth or oversize load.
[10/14/92, 9/15/98; 18.19.8.43 NMAC - Rn, 18 NMAC 19.8.10.34, 9/14/00]
18.19.8.44 BLOCKING OF BLADES, BUCKETS AND OTHER ATTACHMENTS: If the overwidth dimension consists of a bulldozer or other construction equipment that includes a "blade" or other attachments, such device must be blocked at the highest possible setting and must be angled as much as possible to minimize the width.
[10/14/92, 9/15/98; 18.19.8.44 NMAC - Rn, 18 NMAC 19.8.10.35, 9/14/00]
18.19.8.45 OVERHEIGHT VEHICLES, COMBINATIONS OR LOADS:
A. Special permits may be issued for vehicles, combinations or loads in excess of the statutory limit for height of fourteen feet (14'), measured from the upper-most point of the vehicle or load to the roadbed, provided the substitution of a different type of trailer would not make the vehicle or load fourteen feet (14') or less in height.
B. If a special permit is requested for a height greater than sixteen feet (16'), the applicant must check the desired route for clearance of any overhead structures such as traffic signals, wires, utility lines and overpasses. Depending on the route requested, the department may require a full route survey. Proof of a route survey may be requested by the department prior to issuance of the special permit. Certification in writing from utility companies may be required if the vehicle or load exceeds a height of eighteen feet (18').
C. The permittee must protect all overhead wires, structures and roadside property. Any damage to these or to the roadway, pavement, road guards or shoulders must be restored at the sole expense of the permittee. The granting of a special permit shall not be construed to relieve the permittee of any responsibility for public liability or property damage or of other responsibility under the New Mexico motor vehicle laws.
D. The department may use state highway and transportation department maps, guidelines or directives when determining if a second person or escort will be required to check all overhead clearances during the move. Any requirement for a second person or escort will be stated on the face of the special permit.
E. Movements that will not clear highway construction, wires, utility lines, bridges, overpasses or other overhead structures shall be detoured. Use of off-ramps or frontage roads to clear overhead and other obstacles is permitted, provided overall traffic flow is not adversely affected and traffic safety is not jeopardized.
[10/14/92, 9/15/98; 18.19.8.45 NMAC - Rn, 18 NMAC 19.8.10.36, 9/14/00]
18.19.8.46 OVERLENGTH OBJECTS:
A. Special permits may be issued for the movement of objects which cannot be readily disassembled or dismantled and which exceed sixty-five feet (65') in length. Single units, including front and rear overhang, shall not exceed forty feet (40') in length, except by special permit. A combination, including front and rear overhang, shall not exceed sixty-five feet (65') in length, except by special permit.
B. Overlength special permits will be denied when:
(1) pipe, when welded together, is in excess of eighty feet (80') in length; and
(2) crane or tower booms, when bolted or pinned, are in excess of forty feet (40').
C. Unless otherwise specified on the special permit, the permitted load must be properly flagged and have the appropriate signs designating it as an overlength or oversize load.
[10/14/92, 9/15/98; 18.19.8.46 NMAC - Rn, 18 NMAC 19.8.10.37, 9/14/00]
18.19.8.48 STATE HIGHWAY AND TRANSPORTATION DEPARTMENT SHALL MAKE ROUTE DETERMINATION AND SHALL BE FINAL AUTHORITY ON ISSUANCE OF OVERWEIGHT SPECIAL PERMIT: The state highway and transportation department, upon the request of the department, shall perform an analysis of the proposed route to be used to transport an overweight, permitted load with a total weight of less than 170,000 pounds. The state highway and transportation department shall determine if the route is capable of handling the overweight movement. The analysis shall include a review of any bridges, culverts, overpasses or other structures that may be affected. The state highway and transportation department shall promptly perform the analysis and advise the department whether the special permit may be granted. the state highway and transportation department may also request that specific restrictions or requirements be imposed on the permittee. Any special permit for the movement of a vehicle, combination or load which exceeds 170,000 pounds in total weight must be approved by the state highway and transportation department.
[10/14/92, 9/15/98; 18.19.8.48 NMAC - Rn, 18 NMAC 19.8.10.39, 9/14/00]