(a) Purpose. This section prescribes the requirements,
restrictions, and procedures regarding the annual permit for a ready-mixed
concrete truck, operating on three axles, under the provisions of
Transportation Code, §623.0171 and Chapter 622, Subchapter B.
(b) Axles. To qualify for movement with a ready-mixed
concrete truck permit, the truck may only operate on three axles,
regardless of whether the truck actually has more than three axles.
(c) Application for permit.
  (1) To qualify for a ready-mixed concrete truck permit,
a person must submit an application to the department.
  (2) The application shall be in a form prescribed by
the department and at a minimum, will require the following:
    (A) name and address of the applicant;
    (B) name of contact person and telephone number or
email address;
    (C) vehicle information, including vehicle year, make,
license plate number and state of issuance, and vehicle identification
number; and
    (D) a list of counties in which the vehicle will be
operated.
  (3) The application shall be accompanied by the total
annual permit fee of $1,000.
  (4) Fees for permits issued under this section are
payable as required by §219.11(f) of this title (relating to
General Oversize/Overweight Permit Requirements and Procedures).
(d) Issuance and placement of permit and windshield
sticker; restrictions.
  (1) A permit and a windshield sticker will be issued
once the application is approved, and each will be mailed to the applicant
at the address contained in the application.
  (2) The windshield sticker shall be affixed to the
inside of the windshield of the vehicle in accordance with the diagram
printed on the back of the sticker and in a manner that will not obstruct
the vision of the driver. Any attempt to remove the sticker from the
windshield will render the sticker void and will require a new permit
and sticker.
  (3) A replacement sticker for a lost, stolen, or mutilated
windshield sticker may be issued, provided that the permittee submits
a request on a form approved by the department. The request shall
include a statement, signed by the permittee, affirming that the sticker
was lost, stolen, or mutilated. The replacement sticker shall only
be valid for the permitted vehicle.
(e) Transfer of permit. An annual permit issued under
this section is not transferable between vehicles.
(f) Amendments. An annual permit issued under this
section will not be amended except in the case of department error.
(g) Termination of permit. An annual permit issued
under this section will automatically terminate, and the windshield
sticker must be removed from the vehicle:
  (1) on the expiration of the permit;
  (2) when the lease of the vehicle expires;
  (3) on the sale or other transfer of ownership of the
vehicle for which the permit was issued; or
  (4) on the dissolution or termination of the partnership,
corporation, or other legal entity to which the permit was issued.
(h) Restrictions pertaining to road conditions. Movement
of a permitted vehicle is prohibited when road conditions are hazardous
based upon the judgment of the operator and law enforcement officials.
Law enforcement officials shall make the final determination regarding
whether or not conditions are hazardous. Conditions that should be
considered hazardous include, but are not limited to:
  (1) visibility of less than 2/10 of one mile; or
  (2) weather conditions such as wind, rain, ice, sleet,
or snow.
(i) Curfew restrictions. The operator of a permitted
vehicle must observe the curfew movement restrictions of any city
in which the vehicle is operated.
(j) Construction or maintenance areas.
  (1) Permits issued under this section authorize the
operator of the permitted vehicle to travel through any state highway
construction or maintenance area, provided the size and weight of
the vehicle do not exceed the construction restrictions that are available
on the department's website. If a permitted vehicle is delivering
concrete to a state highway construction or maintenance jobsite within
a construction or maintenance area, the following may provide the
permittee a written exception to operate the permitted vehicle in
the construction or maintenance area at a size or weight that exceeds
the size and weight listed on the department's website: the Texas
Department of Transportation or a Texas Department of Transportation
contractor that is authorized by the Texas Department of Transportation
to issue permit exceptions. The written exception must be carried
in the permitted vehicle when the vehicle is on a state highway and
must be provided to the department or law enforcement upon request.
  (2) The permittee is responsible for contacting the
appropriate local jurisdiction for construction or maintenance restrictions
on non-state maintained roadways.
(k) Manufacturer's tire load rating. Permits issued
under this section do not authorize the vehicle to exceed the manufacturer's
tire load rating.
(l) Distribution of fees. The fees collected for permits
under Transportation Code, §623.0171 shall be distributed as
follows:
  (1) 50 percent shall be deposited to the credit of
the state highway fund; and
  (2) 50 percent shall be divided equally among all counties
designated in the permit application under Transportation Code, §623.0171.



Source Note: The provisions of this §219.32 adopted to be effective August 19, 2014, 39 TexReg 6235