SUBCHAPTER 2D ‑ HIGHWAY OPERATIONS
SECTION .0100 ‑ STANDARDS FOR DESIGN AND CONSTRUCTION
19A NCAC 02D .0101 STANDARD SPECIFICATIONS FOR ROADS AND
STRUCTURES
History Note: Legislative Objection [(a)] Lodged Eff.
August 19, 1980;
Legislative Objection [(a)] Removed Eff. April 23, 1981;
Authority G.S. 136‑18(1); 143B‑348; 150A‑62;
150A‑63(c);
Eff. July 1, 1978;
Amended Eff. April 11, 1980;
Repealed Eff. April 3, 1981.
19A NCAC 02D .0102 MINIMUM SIZE OF
SURFACE DRAINAGE PIPELINE
All installation of pipe on state highway system right of
way for surface drainage purposes will be a minimum diameter of 12" and
conform to Department of Transportation standards.
History Note: Authority G.S. 136‑18(1); 136‑92;
136‑93; 156‑88;
Eff. July 1, 1978;
Amended Eff. January 1, 1984; April 3, 1981.
19A NCAC 02D .0103 ROADWAY STANDARDS
History Note: Authority G.S. 136‑18(1); 136‑45;
136‑44.1; 143B‑350(f); 143B‑350(g); 150A‑62; 150A‑63(c);
Eff. July 1, 1978;
Repealed Eff. April 3, 1981.
19A NCAC 02D .0104 GUIDELINES ‑ CURB CUTS AND RAMPS
(a) Guidelines for the design and construction of curb cuts
and ramps are available from the Highway Design Branch, Division of Highways,
Raleigh, North Carolina 27611.
(b) The guidelines are not intended as precise
specifications for the design and construction of curb cuts and ramps. Sound
engineering judgment shall be used to preserve the primary features of the
guidelines.
(c) The city, county or State having jurisdiction shall
require conformance with the statutes (G.S. 136‑44.14) prior to
permitting the encroachment for the construction or prior to acceptance of the
street onto its system.
(d) The responsibility for providing the curb cut and ramp
and all work necessary to comply with the applicable laws and rules shall lie
with party which either causes an existing curb to be cut, or causes a new curb
to be constructed.
History Note: Legislative Objection (a) Lodged Eff.
August 19, 1980;
Legislative Objection (a) Removed Eff. April 23, 1981;
Authority G.S. 136‑44.14(c);
Eff. July 1, 1978;
Amended Eff. December 1, 1993; April 3, 1981; April 11,
1980.
SECTION .0200 ‑ LANDSCAPE
19A NCAC 02D .0201 COOPERATION WITH PROPERTY OWNERS
The Department of Transportation will cooperate with owners
of property abutting highway rights of way in eradicating or satisfactorily
controlling the growth of kudzu, bermuda grass, johnson grass, or nutgrass,
within limitations of available funds and personnel.
History Note: Authority G.S. 136‑18(9); 136‑93;
143B-350(f),(g);
Eff. July 1, 1978.
19A NCAC 02D .0202 CONDITIONAL COOPERATION
(a) The extent of participation of the Department in
eradication or control work shall be determined by the severity of damage to
abutting property, the possibility of roadside erosion and drainage problems resulting
from eradication, and the degree of responsibility for the plant infestation
that is traceable to the department.
(b) The property owner, or owners, and the department shall
agree in writing to the degree of eradication or control of such undesirable
vegetation. The Department shall perform only the work on highway right of way
and the property owner shall perform the work on his property, according to the
methods and additional conditions outlined in the written agreement.
(c) There shall be a stipulation in the written agreement
indemnifying the department from damage on private property to crops, grasses,
trees, shrubs, etc. resulting from any herbicides which are applied on highway
right of way, with all reasonable and customary precautions for the eradication
or control of the undesirable vegetation.
(d) All reasonable precautions shall be taken to prevent
damage to desirable vegetation on highway right of way during eradication or
control operations on private property.
History Note: Authority G.S. 136‑18(9); 136‑93;
143B-350(f),(g);
Eff. July 1, 1978;
Amended Eff. December 1, 1993.
19A NCAC 02D .0203 PLANTING PLANS
Planting proposals of the type in Rule .0423 of this
Subchapter shall be accompanied by a plan and a typical cross‑section.
They shall be to scale; or approximately to scale with dimensions shown so as
to be adaptable to office review. Sizes preferred are a letter‑size
sheet, a legal‑size sheet, or double the sizes of these sheets, thus
permitting simple xerox reproduction.
History Note: Authority G.S. 136‑18(9); 136‑89.50;
136‑93; 143B-350(f),(g);
Eff. July 1, 1978;
Amended Eff. December 1, 1993.
SECTION .0300 ‑ PREQUALIFICATION: ADVERTISING AND
BIDDING REGULATIONS
Note: The basic rules from this section have been adopted
with significant additions as Section .0800 of this Subchapter.
19A NCAC 02D .0301 PREQUALIFYING TO BID
19A NCAC 02D .0302 APPROVAL OR REJECTION
19A NCAC 02D .0303 ANNUAL REQUALIFICATION FOR BIDDING
19A NCAC 02D .0304 EXPERIENCE QUESTIONNAIRE
History Note: Authority G.S. 136‑18(1); 136‑28.1;
136‑44.1; 136‑45; 143B‑350(g);
Eff. July 1, 1978;
Repealed Eff. April 3, 1981.
19A NCAC 02D .0305 ATTORNEY GENERAL PARTICIPATION
19A NCAC 02D .0306 WITHDRAWAL OF ERRONEOUS BIDS
History Note: Authority G.S. 143‑49(3); 143‑129;
143‑129.1; SL. ch. 617,s. 1(1977);
Eff. July 1, 1978;
Repealed Eff. September 1, 1978.
19A NCAC 02D .0307 ADVERTISEMENT AND INVITATIONS FOR BIDS
19A NCAC 02D .0308 BIDDING RULES AND REGULATIONS
History Note: Authority G.S. 136‑28.1;
Eff. September 1, 1978;
Repealed Eff. April 3, 1981.
SECTION .0400 ‑ FIELD OPERATIONS ‑ MAINTENANCE AND
EQUIPMENT
19A NCAC 02D .0401 HIGHWAY MAINTENANCE CONTRACT RETREATMENT
PROGRAM
History Note: Authority G.S. 136‑44.3; 136‑44.1;
143B‑350(f); 143B‑350(g);
Eff. July 1, 1978;
Repealed Eff. November 1, 1991.
19A NCAC 02D .0402 CURB AND GUTTER AND UNDERGROUND DRAINAGE
ON HIGHWAYS
(a) Programmed Improvement Projects (Projects
Included in Transportation Improvement Program).
(1) On programmed state highway
improvement projects in areas where the additional cost of curb and gutter and
underground storm drainage facilities is not justified from the state's
standpoint but where the adjacent property owner(s) or the municipality may
desire curb and gutter and underground storm drainage facilities, such
facilities may be included as part of the programmed project provided the
additional cost of these facilities is borne by the adjacent property owner(s)
or the municipality, and provided these facilities are in accordance with other
criteria set forth in this Rule.
(2) The Department of
Transportation will approve participation by the property owner(s) or the
municipality in cases where the property owner(s) or the municipality agree to
have curb and gutter and underground storm drainage, if required, on both sides
of the project for a minimum distance of one block or, if no intersections are
present, for a minimum distance of 1000 feet. The state will pay the cost of
widening the present or proposed pavement out to the curb and gutter so
provided.
(3) The property owner(s) or the
municipality must submit in advance of the project construction a certified
check for the additional cost of the approved curb and gutter and storm
drainage facilities.
(b) Other Existing Paved Roads. Along
existing paved State Highway System routes where no construction project is
proposed and the adjacent property owner(s) or the municipality construct curb
and gutter and underground drainage facilities as approved by the Board of
Transportation, the Department of Transportation will bear the cost of widening
the existing pavement as required for the proper location and installation of
such facilities. Approval of such facilities shall be based on:
(1) adequacy of the facilities
to handle drainage requirements;
(2) adequacy of the resulting roadway
cross section to handle existing and anticipated traffic demands;
(3) conformance of the proposed
street cross section with standards as established by the Board of
Transportation;
(4) a minimum distance of one
block length or, if no intersections are present, for a minimum distance of
1000 feet provided this requirement is not in conflict with local municipal
ordinances (In case of conflict, local ordinance will prevail);
(5) availability of state funds
to widen the existing pavement.
(c) Unpaved Roads. Construction of curb and
gutter along unpaved state highway system routes shall not be permitted.
History Note: Authority G.S. 136‑44.1; 136‑66.1;
143B‑350(f); 143B‑350(g);
Eff. July 1, 1978;
Amended Eff. November 1, 1993.
19A NCAC 02D .0403 USE OF DUST ALLAYING MATERIALS
Placement and Materials. Calcium chloride and
bituminous dust treatments may be placed on state highway system roads and
streets provided:
(1) Bituminous materials are furnished
and placed by the person requesting the treatment;
(2) Prior approval is obtained from the
division engineer having jurisdiction in the county where the work is proposed;
(3) Calcium chloride is furnished by the
person requesting the dust treatment and placed by the Department of Transportation
agents.
History Note: Authority G.S. 136‑18(1); 143B‑346;
143B‑350(f); 143B‑350(g);
Eff. July 1, 1978;
Amended Eff. November 1, 1993.
19A NCAC 02D .0404 MAINTENANCE WITHIN MUNICIPALITIES
(a) Definitions and Abbreviations. The
following is a listing of definitions to provide greater understanding of this
Rule:
(1) Municipality means an
incorporated city or town within the State of North Carolina.
(2) The State Highway System
includes those streets and highways as described in G.S. 136-44.1.
(3) State Municipal System
Street or Highway is any street or highway on the state highway system within a
municipality.
Note:
See G.S. 136‑66.1(1)
(4) Non‑State System
Municipal Street or Highway (Municipal System) is any street or highway
accepted by the municipality which is not a part of the state highway system.
[Note: See G.S. 136‑66.1(2)]
(5) A Rural Highway or Street is
highway or street on the state highway system outside the limits of a
municipality.
(6) Board means the Board of
Transportation.
(7) Maintenance means routine
care or upkeep to keep roads, streets or highways in the existing condition and
with the existing traffic carrying capacity.
(8) Pavements are the paved
portion of streets including paved shoulders and on street parking areas but
does not include sidewalks and driveways.
(9) Storm Drainage or Storm
Sewers means a system of underground pipes, culverts, conduits or tunnels
including drop inlets and catch basins, designed to convey water from surface
areas to eventual disposal into outfall streams.
(10) Open Drainage means drainage
systems utilizing open side ditches, tail, lateral and outfall ditches to
convey surface water to outfall streams.
(11) Cross Pipe Lines are pipe
lines under the roadway surface, designed to convey water from one side of a
street or highway to the other.
(12) Shoulder is earthen, soil,
clay, gravel or turf section of pavement support extending from outer pavement
edge to the bottom of side ditch, including shoulder sections which are paved.
(13) Sidewalk means walkway, paved
or unpaved, parallel to streets or highways.
(b) Maintenance Responsibility.
(1) The streets and highways
comprising a part of the state highway system, at all times, are the
responsibility of the Department of Transportation and this overall
responsibility is not shifted to the municipality by reason of their
assumption, under reimbursable contract, of maintenance, construction, or
improvement on behalf of the Department of Transportation as outlined in G.S.
136‑66.1.
(2) The cost of municipal
maintenance is paid for out of funds allocated by the Board for this purpose.
(3) The Department of
Transportation within its discretion may enter into contracts with
municipalities for the purpose of maintenance, repair, construction,
reconstructing, widening or improving state system streets within
municipalities.
(4) The maintenance of state
system streets may be performed by the municipality by a continuing agreement
with the Department of Transportation on a reimbursement basis. Such an
agreement may be executed covering all or part of maintenance operations on all
or a part of the state system streets within the limits of the municipality
involved.
(c) Policies and responsibilities.
(1) Patching and resurfacing of
pavements is the responsibility of the Department of Transportation.
(2) Repairs for pavement cuts
for utility repair and other purposes by or under the control of the municipality
shall be the responsibility of the municipality. The Division of Highways
district engineer, or his designated representative, shall be notified in
writing 48 hours in advance of any pavement cut and approval must be obtained
prior to making the cut. Pavement cuts due to emergencies shall proceed as
necessary with the Division of Highways district engineer being notified as
soon as possible after the emergency is discovered and the pavement cut is made
or anticipated.
Note:
See G.S. 136‑93.
(3) If the maintenance of any
state system street is performed by the municipality, then it shall be the
responsibility of the municipality, subject to the approval and direction of
the Department of Transportation, to install and maintain proper signs, barricades
and other safety devices of like nature and to furnish flagmen when necessary;
all in accordance with the Manual for Uniform Traffic Control Devices (MUTCD).
(4) An encroachment agreement is
required for the initial installation of any utility on the state highway
system right of way by the municipality as well as by utility companies and
individuals.
(5) Drainage:
(A) The maintenance of roadway ditches
including median drainage, where applicable, and cross drainage pipes, outfalls
and structures is the responsibility of Department of Transportation within the
highway right of way or within a drainage easement area.
(B) The maintenance of storm drainage and
storm sewer systems draining state system streets is the responsibility of the
Department of Transportation, within the highway right of way or within a
drainage easement area. Where systems draining state system streets are
enlarged and expanded to accommodate drainage from municipal streets, the
initial cost and the maintenance cost shall be borne jointly by agreement.
(C) Attachments to drainage structures ‑‑
Written approval of the Department of Transportation is required prior to any
utility or other attachment being made to any bridge or structure on the state
highway system. Approval is also necessary before turning any utility under or
through a bridge or drainage structure on the State Highway System.
(6) Sidewalks. The maintenance
of sidewalks is a municipal responsibility.
(7) Roadside Maintenance:
(A) Freeways, interstate and other controlled
access highways. All planting, plant maintenance, mowing, erosion control, and
litter pickup are the responsibility of the Department of Transportation,
except as otherwise provided herein.
(B) Non‑controlled Access Surface
Streets
(i) Without sidewalk or pedestrian
space (paved or unpaved). Erosion control, machine mowing, litter pickup and
the maintenance of trees over the entire width of right of way are the
responsibility of the Department of Transportation. Maintenance of shrubs or
other planting is also the responsibility of the Department of Transportation
subject to the provision providing for specific planting projects as outlined
in Part (7)(C) of this Paragraph.
(ii) With sidewalk or pedestrian
space (paved or unpaved). Since the area outside of the curbs or within and
beyond the sidewalk or pedestrian space is used almost exclusively for
pedestrians, the maintenance of such areas is the responsibility of the
municipality.
(C) Specific planting projects on state
highway system right of way. Should the municipality desire more extensive
planting than is provided by the Department of Transportation, a plan for such
proposed planting shall be submitted to the Department of Transportation and
shall be considered a construction or improvement item. An individual permit
and agreement on Department of Transportation and municipal responsibilities
for planting and plant maintenance will be required in each instance, covering
not only financial responsibility but also the furnishing of personnel, equipment
and materials for performing plant maintenance and associated hand mowing
operations.
(D) Proposed planting by civic
organizations. Civic organizations desiring to provide more extensive planting
of trees and shrubs in the municipality on Department of Transportation right
of way than is provided by the Department of Transportation shall handle
negotiations through the municipality as outlined in Part (7)(C) of this
Paragraph.
(8) Snow and Ice Control:
(A) The responsibility for clearing state
system streets is the responsibility of the Department of Transportation;
however, municipalities may, with the concurrence of the division engineer,
execute an agreement with the Department of Transportation providing for
reimbursement by the Department of Transportation to the municipality for the
assumption of this responsibility.
(B) The removal of snow from sidewalk
areas is not the responsibility of the Department of Transportation.
(9) Guard Rail. The
maintenance, repair and replacement of guard rail on Highway System streets and
highways is the responsibility of the Department of Transportation.
(10) Street Lighting:
(A) Freeways ‑‑ Interstate
System and Other Controlled Access Highways. Where in the judgment of the
Department of Transportation street lighting is necessary, the maintenance and
the electric current necessary for the operation of the lighting system shall
be the responsibility of the Department of Transportation.
(B) Other System Streets. The
maintenance and the electric current for lighting systems on other than as
referred to in Part (10)(A) of this Paragraph is the responsibility of the
municipality, unless otherwise provided for by specific agreement.
(C) The installation of street lighting
systems by the municipality on state system streets within the right of way may
be allowed by the Department of Transportation by encroachment agreement only.
(11) Blocking of Traffic Lanes.
In order to provide for the safe movement of traffic, it is a joint
responsibility between the Department of Transportation and the municipality to
insure that traffic lanes be kept open and if blocked at any time for any
reason that such blockage is properly signed or flagged.
History Note: Authority G.S. 136‑66.1; 136‑93;
143B‑346; 143B‑350(f); 143B‑350(g);
Eff. July 1, 1978;
Amended Eff. November 1, 1993.
19A NCAC 02D .0405 EXAMPLES OF CONSTRUCTION AND MAINTENANCE
ACTIVITIES
Maintenance funds shall be used to keep a road or highway in
its existing condition and traffic carrying capacity. Construction funds shall
be used in improving the road or highway so that its traffic carrying capacity
is improved or increased. Some examples are listed below:
(1) Roadway Maintenance
(a) mowing shoulders and right of way;
(b) pulling or cleaning of roadway and drainage
ditches;
(c) cutting down shoulders and uniforming
slopes;
(d) machining unpaved roads;
(e) adding surfacing material 2 inches or less
in thickness on unpaved roads;
(f) placing of dust laying materials;
(g) patching pavements;
(h) resurfacing 1‑1/2 inches or less in
thickness on paved roads;
(i) snow and ice removal;
(j) storm clean‑up;
(k) replacing existing pipe culverts whether
same size or not;
(l) patching or replacing floors, rails or
individual stringers on timber bridges;
(m) placing of driveway pipe purchased by
property owner.
(2) Landscape Maintenance
(a) periodic selective cutting on right of way,
(b) periodic replanting or fertilization of
shoulders and slopes,
(c) maintenance of litter cans, picnic tables
and rest areas.
(3) Traffic Services Maintenance
(a) maintenance of traffic control equipment
including traffic signals, flashers, and special signaling devices and their
related equipment such as signal heads, cabinets, detectors, and any other
auxiliary equipment;
(b) maintenance and replacement of signs,
including posts and hardware;
(c) installation of new signs when not otherwise
provided for;
(d) re‑marking pavements, including center
lines, lane lines, edge lines, pavement symbols and messages, stop bars,
crosswalks, etc;
(e) new pavement markings when not otherwise
provided for;
(f) maintenance and replacement of traffic
channelization devices, traffic islands and curbing;
(g) installation of spot traffic channelization
devices, traffic islands and curbing.
(4) Roadway Construction
(a) adding surfacing material over 2 inches in thickness
on unpaved roads;
(b) resurfacing over 1‑1/2 inches in
thickness on paved roads;
(c) widening unpaved roads;
(d) widening existing pavement or shoulders;
(e) widening or strengthening bridges or box
culverts, extension of pipe culverts for widened roadways;
(f) construction or rebuilding of bridges;
(g) placing of pipe culverts on improvement
projects;
(h) placing of storm drainage on existing
roadways;
(i) construction of curb and gutter;
(j) all work and materials in the widening,
improvement or relocation of a road;
(k) state's part in participation paving which
allows adjacent property owners to contribute to the cost of paving or other
improvement.
(5) Landscape Construction
(a) initial seeding of improvement or new road
construction,
(b) initial selective cutting,
(c) construction of rest areas or the addition
of major facilities.
(6) Traffic Services Construction
(a) initial traffic signal installation and all
other electrically operated traffic control devices;
(b) replacement of traffic signal controllers
and any other major components of an electrically operated traffic control
device;
(c) initial installation of signs;
(d) initial installation of pavement markings;
(e) channelization at intersections, traffic
channelization devices, traffic island and curb projects which are considered a
construction project;
(f) pavement widening for additional travel or
turning lanes in connection with intersection improvements.
Note: Where any of the above items in traffic services
construction are involved as a part of a construction or improvement project,
the work shall be charged to and funded from the same source as is applicable
to the remainder of the project.
History Note: Authority G.S. 136‑66.1; 143B‑346;
143B‑350(f); 143B‑350(g);
Eff. July 1, 1978;
Amended Eff. November 1, 1993.
19A NCAC 02D .0406 CONSTRUCTION AND MAINTENANCE OF
SIDEWALKS
(a) When a highway construction project having to do with
the widening of an existing street requires that an existing sidewalk be torn
up to make room for the widening, the Department of Transportation shall
replace the sidewalk.
(b) The Department shall evaluate the need for sidewalks in
the planning process. The Department shall assess information provided by the
local government, Transportation Advisory Committee, and departmental engineering
studies.
(c) The Department shall analyze the existing and projected
future need for a pedestrian facility in every major highway project planning
report. The Department may construct a sidewalk if the need is documented and
funding is available.
(d) The Department and the local sponsor shall negotiate
financial responsibilities for a new sidewalk based on planning studies.
(e) The Department shall execute a pedestrian facilities
maintenance agreement specifying responsibility for long term maintenance with
the lead government entity or other local sponsor prior to construction for a
proposed sidewalk.
History Note: Authority G.S. 136‑66.1; 143B‑346;
143B‑350(f); 143B‑350(g); 23 U.S.C. 133; 23 U.S.C. 217;
Eff. July 1, 1978;
Amended Eff. May 1, 1999; December 29, 1993.
19A NCAC 02D .0407 HIGHWAY AND STREET PLANTING IN
MUNICIPALITIES
History Note: Authority G.S. 136‑66.1; 143B‑346;
143B‑350(f); 143B‑350(g);
Eff. July 1, 1978;
Repealed Eff. November 1, 1991.
19A NCAC 02D .0408 TEMPORARY BRIDGE WEIGHT LIMITS AND
CLOSINGS
Any Department of Transportation bridge safety
inspector or any bridge maintenance supervisory personnel after an inspection
of any bridge on the State Highway System, is authorized to temporarily lower
the authorized weight limits on a bridge or to close the bridge as the
circumstances may warrant, if in his judgment the bridge will not carry the
authorized weight. Such limitation or bridge closing shall remain in effect
until a complete analysis of the bridge can be made and action taken based upon
the bridge analysis, not to exceed 60 days.
History Note: Authority G.S. 136‑72; 143B‑350;
Eff. July 1, 1978.
19A NCAC 02D .0409 TEMPORARY ROAD RESTRICTIONS
History Note: Authority G.S. 20‑121;
Eff. July 1, 1978;
Repealed Eff. January 1, 1994 pursuant to 1991 S.L., c.
477, s. 3.
19A NCAC 02D .0410 RENTAL OF SUPPLEMENTAL EQUIPMENT
The Department of Transportation, in
accordance with its needs and the availability of state‑owned equipment,
may supplement its own equipment requirements by the rental of privately owned
equipment. Operators may also be furnished with equipment.
History Note: Authority G.S. 143B‑346; 143B‑350(f);
143B‑350(g);
Eff. July 1, 1978;
Amended Eff. November 1, 1993; November 1, 1991.
19A NCAC 02D .0411 LIMITATIONS ON USAGE
History Note: Authority G.S. 143B‑346; 143B‑350(f);
143B‑350(g);
Eff. July 1, 1978;
Repealed Eff. January 1, 1994 pursuant to 1991 S.L., c.
477, s. 3.
19A NCAC 02D .0412 REST AREAS AND WELCOME CENTERS ‑
AUTHORITY
History Note: Authority G.S. 136‑89.59;
Eff. July 1, 1978.
Repealed Eff. August 1, 1986.
19A NCAC 02D .0413 APPROVAL FOR USE ‑ REST AREAS,
WELCOME CENTERS
History Note: Authority G.S. 136‑89.59;
Eff. July 1, 1978.
Repealed Eff. August 1, 1986.
19A NCAC 02D .0414 LOCATION OF GARBAGE COLLECTION
CONTAINERS
Permits for the placement of garbage collection containers
shall be issued only under the following circumstances:
(1) No garbage collection container site shall be
located on any State highway rights‑of‑way except by written
authorization of the Department of Transportation upon submission of a Right of
Way Encroachment Agreement For Non-Utility Encroachments on Primary and Secondary
Highways (FORM R/W 16.1A (January, 1981)).
(2) No garbage collection container shall be located
within 500 feet of an occupied dwelling unless the applicant obtains written
permission from the owner of the dwelling.
(3) An application for a site permit may be obtained
from and shall be submitted to the District Engineer for the county in which
the garbage container is proposed to be located.
(4) Guidelines for container sites are as follows:
(a) The county or municipality requesting the
permit shall be responsible for any work to be performed in preparation of the
site. Any work performed on the site by the Department of Transportation shall
be on a reimbursable basis in accordance with rules 19A NCAC 02E .0501 and 19A
NCAC 02E .0502;
(b) Container sites adjacent to paved roadways
shall be constructed in accordance with FORM R/W 16.1A; and
(c) Container sites adjacent to unpaved roads
shall be prepared with materials similar to those existing on the traveled
portion of the roadway.
(5) When container sites are located in areas requiring
drainage, drainage shall be in accordance with FORM R/W 16.1A.
(6) Whenever container sites are located adjacent to
the roadway, sight distances shall be provided for any vehicle to safely enter
the road from the container site.
(7) Container sites shall be permitted adjacent to
roadways only when lateral clearances can be provided from the edge of pavement
to the container.
(8) The county or municipality which holds a permit for
the placement of garbage collection containers as provided herein shall
maintain a collection schedule in order to prevent spillage or overflow from
said containers and shall keep the site free from all garbage and trash other
than that which is within the garbage collection containers which are
authorized by the permit. The District Engineers shall give written notice to
the county or municipality of any failure to comply with this requirement. If a
county or municipality which is so notified does not bring the site within
compliance of the requirement within 30 days of receipt of the written notice,
the District Engineer shall then revoke the permit and dispose of the garbage
collection containers accordingly.
Note: A booklet describing the guidelines used by the
Department of Transportation in granting permits is available from the local
division office free of charge.
History Note: Authority G.S. 136‑18.3; 136‑18(10);
Legislative Objection [(a)] Lodged Eff. August 19, 1980;
Legislative Objection [(a)] Removed Eff. April 23, 1981;
Eff. July 1, 1978;
Amended Eff. March 1, 2013; November 1, 1993; October 1,
1991; April 3, 1981; April 11, 1980.
19A NCAC 02D .0415 GENERAL REGULATIONS FOR DRAWBRIDGES
(a) This Rule governs operation of drawbridges in North
Carolina. All other drawbridges not specifically noted in this Rule operate
under normal Coast Guard regulations which give preference to water-borne
traffic. For purposes of this Rule, the term on signal means the boat operator
sounds his signal as defined by standard navigational practices.
(b) The draw on the bridge on US 17 over the Neuse River at
New Bern shall open on signal except that the draw may remain closed from
Monday through Friday from 6:30 a.m. to 8:30 a.m. and 4:00 p.m. to 6:00 p.m.
for pleasure vessels. However, the draw shall open at 7:30 a.m. and 5:00 p.m.
for any vessel waiting to pass. The draw may remain closed on Sundays and
Federal holidays from May 24 through September 8 from 2:00 p.m. to 7:00 p.m.
for pleasure vessels except that the draw shall open at 4:00 p.m. and 6:00 p.m.
for any vessels waiting to pass. The draw on this bridge shall always open on
signal for public vessels of the United States, State, or local vessels used
for public safety, tugs with tows and vessels in distress.
(c) The draw on the bridge on US 70 Business over the Trent
River at New Bern shall open on signal except that the draw may remain closed
from Monday through Friday from 6:30 a.m. to 8:30 a.m. and 4:00 p.m. to 6:00
p.m. for pleasure vessels. However, the draw shall open at 7:30 a.m. and 5:00
p.m. for any vessel waiting to pass. The draw may remain closed on Sundays and
Federal holidays from May 24 through September 8 from 2:00 p.m. to 7:00 p.m.
for pleasure vessels except that the draw shall open on the hour and half hour
for any vessels waiting to pass. The draw on this bridge shall always open on
signal for public vessels of the United States, State, or local vessels used
for public safety, tugs with tows, and vessels in distress.
(d) The draw on the US 17B/Perquimans River Bridge at
Hertford shall open on signal except that from midnight to 8:00 a.m. from April
1 through September 30, and from 10:00 p.m. through 10:00 a.m., from October 1
through March 31, the draw shall not open for the passage of vessels.
(e) The bridge on US 17 over the Pamlico River at
Washington shall open only upon 24-hour advance notice.
(f) The bridge on SR 1565 over the Tar River at Grimesland
shall open only upon 24-hour advance notice.
(g) The bridge on US 117-NC 133 over Smith's Creek just
north of Wilmington shall open only upon 24-hour advance notice.
(h) The draw on the bridge on US 70 over Beaufort Channel
in Beaufort shall open on signal except that from 6:00 a.m. to 10:00 p.m. the
draw need only open for all vessels on signal every hour on the hour, 20
minutes past the hour, and 40 minutes past the hour; except that on weekdays
the bridge need not open at 7:40 a.m., 8:40 a.m., 4:40 p.m., and 5:40 p.m.
(i) The draw on the NC 50/Intracoastal Waterway Bridge at
Surf City shall open on signal, except that from 7:00 a.m. to 7:00 p.m. the
draw shall open for pleasure craft if signaled only on the hour.
(j) The draw on the bridge on US 74/76 over Intracoastal
Waterway at Wrightsville Beach shall open on signal, except that from 7:00 a.m.
to 7:00 p.m. the draw shall open for pleasure craft if signaled only on the
hour.
(k) The draw on the bridge on SR 1172 over Intracoastal
Waterway at Sunset Beach shall open on signal, except that from 7:00 a.m. to
7:00 p.m. the draw shall open for pleasure craft if signaled on the hour from
April 1 to November 30.
(l) The draw of the bridge on US 158 over the Pasquotank
River at Elizabeth City shall open on signal; except that between 7:00
a.m. and 9:00 a.m., and 4:00 p.m. and 6:00 p.m., Monday through Friday, the
draw need open only at 7:30 a.m., 8:30 a.m., 4:30 p.m. and 5:30 p.m. for
any pleasure vessels waiting to pass.
History Note: Authority G.S. 136‑18(5);
Eff. July 1, 1978;
Amended Eff. August 1, 2000; April 1, 1999; August 1,
1998; January 1, 1996; November 1, 1993.
19A NCAC 02D .0416 BRIDGE BETWEEN MOREHEAD CITY AND
ATLANTIC BEACH
History Note: Authority G.S. 136‑18(5);
Eff. July 1, 1978;
Amended Eff. August 10, 1981;
Repealed Eff. November 1, 1991.
19A NCAC 02D .0417 BRIDGE ON US 17 OVER NEUSE RIVER AT NEW
BERN
19A NCAC 02D .0418 BRIDGE ON US 70 OVER TRENT RIVER AT NEW
BERN
19A NCAC 02D .0419 BRIDGE ON US 17B OVER PERQUIMANS RIVER
AT HERTFORD
19A NCAC 02D .0420 DRAWBRIDGES OPEN ONLY UPON ADVANCE NOTICE
History Note: Authority G.S. 136‑18(5);
Eff. July 1, 1978;
Amended Eff. November 1, 1991; August 10, 1981;
Repealed Eff. November 1, 1993.
19A NCAC 02D .0421 INSTALLATION OF DRIVEWAY PIPE
(a) Residential Property. The Department of
Transportation road maintenance forces shall at state expense install pipe
lines in the drainage ditch along the side of state maintained roads and within
state maintained right of way or easement at entrances to private residential
property where the pipe is furnished and delivered to the installation site by
the property owner at the property owner's expense provided:
(1) The opening of the side
ditch is needed to provide proper drainage.
(2) The pipe to be installed has
sufficient opening as determined by the Department of Transportation.
(3) The minimum length of pipe
to be installed shall be 20 feet with such additional length as may be
necessary to accommodate earth side slopes. The pipe will not be lengthened
for the purpose of eliminating typical side ditches.
(4) The property does not
already have adequate ingress and egress.
(5) The proposed location for
the driveway entrance does not present undue safety hazards to the traveling
public as determined by the Department of Transportation.
(6) The property is limited to
farm entrances and property owned by the individual currently living on the
property or owned by the individual proposing to use the property for
residential purposes. This does not include property being developed for sale.
(b) Commercial Property. "Commercial
property" includes:
(1) any property currently being
used for commercial or industrial purposes;
(2) property which is being
developed for commercial or industrial purposes; and
(3) property which is being
developed for sale.
(c) Commercial Driveway Pipe Installed by the
Department of Transportation. Department of Transportation road maintenance
forces may install pipe lines in the drainage ditch along the side of state
maintained roads and within state maintained right of way or easements at
entrances to commercial property when the pipe is furnished and delivered to
the installation site by the property owner at the property owner's expense
provided:
(1) Prior to installation, the
property owner submits to the Department of Transportation an application for
installation of a commercial driveway pipe together with a payment in the
amount of ten dollars ($10.00) per linear foot of pipe to be installed. Said
amount is to cover the cost of pipe installation by state forces.
(2) Prior to installation, the
property owner has received an approved commercial driveway permit from the
Department of Transportation. In the event the permit application is denied,
the Department of Transportation will return the payment referenced in
Subparagraph (c)(1) of this Rule to the applicant.
(d) Commercial Driveway Pipe Installed by
Other than State Forces. The commercial property owner may elect to have
driveway pipe installed by private contractors provided:
(1) Prior to installation, the
property owner submits to the Department of Transportation an application for
installation of a commercial driveway pipe together with a payment of fifty
dollars ($50.00) to cover the cost of the inspection of the pipe installation
by Department of Transportation personnel.
(2) Prior to installation, the
property owner has received an approved commercial driveway permit from the
Department of Transportation. In the event the permit application is denied,
the Department of Transportation will return the payment referenced in
Subparagraph (d)(1) of this Rule to the applicant.
(3) The workmanship, materials
and final installation are subject to approval by the Department of
Transportation's District Engineer in accordance with current Department of
Transportation standards. In the event the pipe installation does not meet the
approval of the District Engineer, the Department of Transportation shall
remove the pipe at the expense of the property owner.
(4) Signing, barricades and
other devices for handling of traffic adjacent to the installation site is
provided during the installation by the property owner or contractor. Said
devices must meet the requirements of the MUTCD and be approved by the District
Engineer.
(e) Installation of pipe by state forces
includes necessary excavation, placement of pipe complete in‑place and
backfill of the pipe with local material to provide a pipe cover sufficient to
maintain the pipe line and grade. The Department of Transportation is not
obligated to construct a finished driveway.
(f) The Department of Transportation shall
furnish and install driveway pipe at state expense at entrances to residential
property and commercial property if necessary as a result of the department's
relocating or revising the elevation of side ditches for the improvement of
highway drainage.
Note: See also Rule .0102 of this Subchapter for pipe size.
History Note: Authority G.S. 136‑18(1); 136‑92;
136‑93; 156‑88;
Eff. July 1, 1978;
Amended Eff. November 1, 1993; October 1, 1983.
19A NCAC 02D .0422 HANDBOOK OF DESIGN FOR HIGHWAY SURFACE
DRAINAGE STRUCTURES
History Note: Authority G.S. 136‑18(1); 136‑92;
136‑93; 150A‑62; 159A‑63(c); 156‑88;
Eff. July 1, 1978;
Repealed Eff. April 3, 1981.
19A NCAC 02D .0423 PLANTING ON CONTROLLED‑ACCESS
FACILITIES
Requests to plant on full or partial access
highways shall be submitted to the division engineer whose jurisdiction is the
county where the planting is proposed.
History Note: Authority G.S. 136‑18(9); 136‑89.50;
136‑93;
Eff. July 1, 1978;
Amended Eff. November 1, 1993.
19A NCAC 02D .0424 PLANTING ON OTHER FACILITIES
(a) On highways without any control of
access, planting requests will be handled by one of three methods, as
determined by the Division Engineer having jurisdiction in the county where the
planting is proposed:
(1) The requesting individual or
organization can furnish funds for the plant materials with the Department of
Transportation doing the planting and assuming maintenance of the planting.
(2) The Department of
Transportation can assume the project entirely, bearing the cost of plant
materials as well as doing the planting and plant maintenance.
(3) The proposal of the
organization can be considered for inclusion in the highway planting program at
a later date.
(b) Requests for plantings shall be directed
to the appropriate division engineer.
History Note: Authority G.S. 136‑18(9); 136‑89.50;
136‑93;
Eff. July 1, 1978;
Amended Eff. November 1, 1993.
19A NCAC 02D .0425 FEDERAL DISASTER ASSISTANCE
The Deputy Chief Engineer-Operations shall execute
applications, assurances and agreements and other documents on behalf of the
Department of Transportation necessary to receive Federal Disaster Assistance from
the Federal Emergency Management Agency.
History Note: Authority G.S. 136‑4; 136‑18;
143B‑350;
Eff. October 1, 1991;
Amended Eff. April 1, 1997; November 1, 1993.
19A NCAC 02D .0426 BRIDGE ON US 70 OVER BEAUFORT CHANNEL AT
BEAUFORT
19A NCAC 02D .0427 BRIDGE ON NC 50 OVER INTERCOASTAL
WATERWAY AT SURF CITY
19A NCAC 02D .0428 BRIDGE/US 74/76 OVER/INTERCOASTAL
WATERWAY/WRIGHTSVILLE BEACH
19A NCAC 02D .0429 BRIDGE SR 1172 OVER INTERCOASTAL
WATERWAY AT SUNSET BEACH
History Note: Authority G.S. 136‑18(5);
Eff. November 1, 1991;
Amended Eff. November 1, 1993.
SECTION .0500 ‑ FERRY OPERATIONS
19A NCAC 02D .0501 GENERAL
The rules in this Section apply only for the transportation
via the State of North Carolina ferry system of individual passengers and their
hand baggage as defined in Rule .0504 of this Section, vehicles under their own
power and vehicles not under their own power but under tow of a vehicle under
its own power, and bicycles.
History Note: Authority G.S. 136‑82; 143B‑10(j);
Eff. July 1, 1978;
Amended Eff. December 1, 1993; November 1, 1991.
19A NCAC 02D .0502 TICKET CONDITIONS
Transportation furnished on any ticket sold or honored by
the carrier will be subject to the rules set forth in this Section and any
additional requirements are specifically provided on such tickets.
History Note: Authority G.S. 136‑82; 143B‑10(j);
Eff. July 1, 1978;
Amended Eff. December 1, 1993.
19A NCAC 02D .0503 CARRIER
When the term "carrier" is used in in this
Section, it refers to the North Carolina Department of Transportation; the
Division of Highways; and the Ferry Division.
History Note: Authority G.S. 136‑82; 143B‑10(j);
Eff. July 1, 1978;
Amended Eff. December 1, 1993; November 1, 1991.
19A NCAC 02D .0504 HAND BAGGAGE
The term "hand baggage" as used herein means the
baggage, personal effects or other property of passengers taking passage on
carrier's vessels. Such hand baggage or other property will be only in such
amounts as foot passengers can individually handle on and off vessels
themselves.
History Note: Authority G.S. 136‑82; 143B‑10(j);
Eff. July 1, 1978.
19A NCAC 02D .0505 NOTICE OF CANCELLATION
Carrier may deviate from or cancel sailing schedules without
notice when in its opinion scheduled operation is impractical or unsafe because
of circumstances or conditions beyond its control. In either event, carrier
assumes no liability for loss, damage, or expense to patrons which may result
therefrom.
History Note: Authority G.S. 136‑82; 143B‑10(j);
Eff. July 1, 1978;
Amended Eff. December 1, 1993.
19A NCAC 02D .0506 COMPLETION OF VOYAGE
If, through failure, act of God, or other misfortune,
carrier's vessel fails to complete her voyage, neither the master of the vessel
nor the carrier shall be under any obligation to forward passengers or vehicles
to their original destination, nor to refund all or any part of any tolls paid;
which shall be deemed as earned.
History Note: Authority G.S. 136‑82; 143B‑10(j);
Eff. July 1, 1978.
19A NCAC 02D .0507 SUBSTITUTE VESSELS
Carrier reserves the right to substitute one vessel for
another over any of the routes operated without any liability to patrons.
History Note: Authority G.S. 136‑82; 143B‑10(j);
Eff. July 1, 1978.
19A NCAC 02D .0508 DEFINITION OF LANDING
Passengers or vehicles shall be deemed landed:
(1) upon arrival of vessels at port of designated
destination;
(2) when landed at any other port because of failure,
act of God, or other misfortune to vessel;
(3) when voyage is abandoned for any cause and vessel
returns to port of embarkation.
History Note: Authority G.S. 136‑82; 143B‑10(j);
Eff. July 1, 1978.
19A NCAC 02D .0509 RESPONSIBILITY OF VESSEL MASTER
When in the master's opinion safe landing cannot be made
upon arrival of the vessel at a designated port of destination, it may be
landed at another port at which safe landing can be made.
History Note: Authority G.S. 136‑82; 143B‑10(j);
Eff. July 1, 1978;
Amended Eff. November 1, 1991.
19A NCAC 02D .0510 MEDICAL CARE
Carrier shall neither furnish nor be liable for medical care
or surgical treatment of passengers or other persons while on its terminal
property. Carrier shall not be liable for the quality, nature or consequence
of any medical or surgical treatment which may be administered to passengers on
carrier's vessels.
Note: Refer also to G.S. 20‑166 (Good Samaritan Law)
and to 143‑291.
History Note: Authority G.S. 136‑82; 143B‑10(j);
Eff. July 1, 1978.
19A NCAC 02D .0511 LIABILITY LIMITATIONS
Unless it is shown that a negligent act of an officer,
employee, or agent of the state while acting in the scope of his office,
service agency or authority was the sole proximate cause of any injury, loss,
or damage, carrier shall not be liable for any injury, loss, or damage that
shall result from an act of God, public enemy, restraint of rulers, quarantine,
peril of the sea or other waters, latent defect in hull, boilers, propellers,
piping, shafting, or machinery; or for injury, loss or damage that shall result
from collision, stranding, fire, sanitary regulation or operation, explosion,
accident to or breakdown of machinery, or of any propelling appliances, or
accident, or navigation; or for any personal injury to passenger; or loss or
damage to passengers' baggage or other property.
History Note: Authority G.S. 136‑82; 143B‑10(j);
Eff. July 1, 1978.
19A NCAC 02D .0512 PERSONAL PROPERTY
Carrier will not assume any responsibility or liability for
articles left on board its vessels or at its terminals by passengers; or for
articles left in vehicles while in transit, or at terminals.
History Note: Authority G.S. 136‑82; 143B‑10(j);
Eff. July 1, 1978.
19A NCAC 02D .0513 THEFT
Under no circumstances will the carrier be liable for theft
from the person or baggage of a passenger or pilferage or theft from any
vehicle on carrier's vessels or terminals.
History Note: Authority G.S. 136‑82; 143B‑10(j);
Eff. July 1, 1978.
19A NCAC 02D .0514 BAGGAGE
The handling of baggage by carrier will be as an
accommodation only to the passenger. Carrier will not be liable for damage to
or loss of such baggage whether by its negligence or otherwise.
History Note: Authority G.S. 136‑82; 143B‑10(j);
Eff. July 1, 1978.
19A NCAC 02D .0515 LOSS CLAIMS
All claims for loss or injury to person or property must be
presented in accordance with the provisions of the Tort Claims Act (Article 31
of Chapter 143 of the North Carolina General Statutes).
History Note: Authority G.S. 136‑82; 143‑291;
143B‑10(j);
Eff. July 1, 1978.
19A NCAC 02D .0516 INSURANCE BENEFIT
In case of any loss or damage for which the carrier shall be
liable, the carrier shall, to the extent of such liability, have the full
benefit of any insurance that may have been effected by the owner upon the
goods lost or damaged, notwithstanding any underwriter is not obligated to make
such payment.
History Note: Authority G.S. 136‑82; 143B‑10(j);
Eff. July 1, 1978.
19A NCAC 02D .0517 RIGHT TO REFUSE TRANSPORT; PERSONS
Carrier may refuse to transport a person who is apparently
under the influence of intoxicating liquor or drugs or who is incapable of
taking care of himself, or whose conduct makes him objectionable or dangerous
to other passengers or liable to become so. This rule does not apply to
persons who are ill and are accompanied by an attendant or nurse.
History Note: Authority G.S. 136‑82; 143B‑10(j);
Eff. July 1, 1978;
Amended Eff. December 1, 1993.
19A NCAC 02D .0518 COMPLIANCE WITH RULES AND REGULATIONS
Carrier also may refuse to transport a person who refuses to
abide by its rules or those of the U. S. Coast Guard, pertaining to the safe
and efficient operation of vessels, terminals, and traffic.
History Note: Authority G.S. 136‑82; 143B‑10(j);
Eff. July 1, 1978;
Amended Eff. December 1, 1993.
19A NCAC 02D .0519 RIGHT TO REFUSE TRANSPORT: CARGO
Carrier may refuse any and all articles loaded in or on
vehicles or vehicles which in its opinion will jeopardize the safe operation of
the vessel, or which carrier is not equipped to handle. Carrier may refuse to
transport vehicles containing offensive or ill‑smelling cargo and liquid
or semi‑liquid commodities when not in tightly enclosed containers or
tanks, precluding possibility of escaping odors or leakage from such vehicles.
Dangerous articles prohibited by law will not be transported including those
hazardous cargos regulated by the U.S. Coast Guard.
History Note: Authority G.S. 136‑82; 143B‑10(j);
Eff. July 1, 1978;
Amended Eff. December 1, 1993; November 1, 1991.
19A NCAC 02D .0520 BRAKES
Drivers of all vehicles shall set emergency brakes and
engage parking gear on all vehicles having same before leaving the vehicles.
Drivers of all mechanically powered vehicles shall shut off engines, after
being directed to their designated parking areas.
History Note: Authority G.S. 136‑82; 143B‑10(j);
Eff. July 1, 1978;
Amended Eff. December 1, 1993; November 1, 1991.
19A NCAC 02D .0521 OPERATION OF VEHICLE BY CARRIER
EMPLOYEES
Carrier's employees are not permitted to drive power
vehicles or wheeled machinery on or off vessels. When the owner or shipper, or
his agent is unable to promptly drive such vehicles on and off vessels, carrier
will refuse to transport same. Tracked construction equipment or other such
power vehicles (except on rubber tired wheels) will not be accepted for
movement except when loaded on trucks or trailers in tow of vehicles under
their own power.
History Note: Authority G.S. 136‑82; 143B‑10(j);
Eff. July 1, 1978;
Amended Eff. December 1, 1993.
19A NCAC 02D .0522 INOPERATIVE VEHICLES
(a) Vehicles, without drivers, or with dead motors or
otherwise inoperative, with or without drivers, will not be accepted by carrier
for transportation. The provisions of this paragraph do not apply to such vehicles
in tow of other vehicles under their own power.
(b) Trailers not under tow of vehicles under own power will
not be accepted for transportation.
(c) If because of dead batteries, flat tires or other
physical disability, a motor vehicle cannot be discharged from vessel under it
own power and it is necessary for the carrier to obtain towing service to
discharge the vehicle, charge for the service will be the liability of the
disabled vehicle and must be paid directly to the towing service company by the
vehicle owner.
(d) If towing service is not available and carrier
undertakes to assist in the discharge of the vehicle by its employees with or
without mechanical devices, the carrier will not be liable upon any claim for
loss or damage to the vehicle.
History Note: Authority G.S. 136‑82; 143B‑10(j);
Eff. July 1, 1978.
19A NCAC 02D .0523 LIVESTOCK
Livestock will be transported only at carrier's convenience
and only in adequate motor vehicle equipment. Rates to be charged are those
applicable on trailers, trucks, truck and trailer combinations or truck tractor
and semi‑trailer combinations as specified in Rule .0532 of this
Section. Carrier will assume no liability for livestock while on vessels or at
terminals. Vehicles transporting livestock must be properly enclosed to
prevent spillage of animal waste or otherwise creating unpleasant or offensive
environment on vessels.
History Note: Authority G.S. 136‑82; 143B‑10(j);
Eff. July 1, 1978;
Amended Eff. December 1, 1993.
19A NCAC 02D .0524 DOGS, AND OTHER HOUSEHOLD PETS AND WILD
ANIMALS
(a) Dogs and household pets may accompany passengers and
will be carried on vessels subject to the following conditions:
(1) Dogs, cats, kittens, and small pet birds
will be transported without charge when accompanied by passengers on foot or in
vehicles. Such animals will be transported entirely at risk of the owner who
shall take care of and safe‑guard them while on vessels or at terminals.
(2) Such animals must be held secure by leash,
crate, cage, or otherwise adequately restrained, as the case may require.
(3) Such animals shall not be permitted in
passenger accommodations, but only on car deck under short leash and in custody
of responsible person. Carrier, however, may require that they be carried in
certain places as designated by the master, whenever, in his judgement, such a
course is necessary for the safety and convenience of the passengers.
(b) Wild animals must, at all times, be securely crated or
caged so as to preclude contact by passengers.
History Note: Authority G.S. 136‑82; 143B‑10(j);
Eff. July 1, 1978;
Amended Eff. December 1, 1993; November 1, 1991.
19A NCAC 02D .0525 NO LIABILITY ASSUMED BY CARRIER
No liability will be assumed by the carrier in the
transportation of household pets, or wild animals.
History Note: Authority G.S. 136‑82; 143B‑10(j);
Eff. July 1, 1978;
Amended Eff. November 1, 1991.
19A NCAC 02D .0526 BABY CARRIAGES
Baby carriages, strollers, and similar articles will be
carried without charge, when space is available. The person accompanying the
baby carriage, stroller, or similar article must place same where directed by
the master. The carrier will not assume any responsibility or liability for
these articles while in transit or at its terminals.
History Note: Authority G.S. 136‑82; 143B‑10(j);
Eff. July 1, 1978.
19A NCAC 02D .0527 CORPSES
Corpses will be transported in vehicles only.
History Note: Authority G.S. 136‑82; 143B‑10(j);
Eff. July 1, 1978.
19A NCAC 02D .0528 EXCESS HAND BAGGAGE
(a) The transportation of hand baggage or other property
defined in Rule .0504 of this Subchapter of foot passengers in excess of such
amounts must be arranged for by the passengers via available common carrier freight
or express service.
(b) Carrier does not maintain a checked baggage service,
and its employees are not available to assist foot passengers with the loading
and unloading of baggage.
History Note: Authority G.S. 136‑82; 143B‑10(j);
Eff. July 1, 1978.
19A NCAC 02D .0529 BAGGAGE IN VEHICLES
Passengers in vehicles may carry baggage or other property
in such amounts as can be loaded in or securely fastened on vehicles.
History Note: Authority G.S. 136‑82; 143B‑10(j);
Eff. July 1, 1978.
19A NCAC 02D .0530 RIGHT TO REFUSE
(a) Carrier may refuse any and all articles of baggage or
other property which in the opinion of the carrier's agent or master of the
vessel will, or may, jeopardize the vessel's safe operation or which the
carrier is not equipped to handle. Dangerous articles prohibited by law will
not be carried.
(b) Carrier's liability for the loss or damage to baggage,
personal effects, or other property will be limited to that provided in Rules
.0510 thru .0514 of this Subchapter.
History Note: Authority G.S. 136‑82; 143B‑10(j);
Eff. July 1, 1978;
Amended Eff. December 1, 1993.
19A NCAC 02D .0531 FREE OPERATIONS
The Currituck Sound to Knotts Island and Ocracoke to Hatteras
operations are toll free.
History Note: Authority G.S. 136-82; 143B-10(j);
Eff. July 1, 1978;
Amended Eff. July 7, 2014.
19A NCAC 02D .0532 TOLL OPERATIONS
(a) The Cedar Island-Ocracoke, Swan Quarter-Ocracoke,
Southport-Fort Fisher, Pamlico River, and Cherry Branch-Minnesott Beach ferry
operations are toll operations. There is no charge for children 12 and under.
People age 65 and older receive a 10 percent discount.
(b) Only emergency vehicles in emergency status are toll
exempt.
(c) One-way fares and rates applicable to each operation
are as follows:
(1) Cedar Island-Ocracoke and Swan Quarter-Ocracoke
(A) pedestrian $
5.00
(B) bicycle and rider $
10.00
(C) motorcycle and rider $
15.00
(D) single vehicle or combination 20 feet or less in
length $ 27.00
(minimum fare for licensed vehicle)
(E) vehicle or combination over 20 feet up to and
including 40 feet $ 50.00
(F) vehicle or combination over 40 feet to 65 feet $
65.00
(maximum length)
(G) each passenger in any size vehicle $
5.00
(2) Southport-Fort Fisher
(A) pedestrian $
2.00
(B) bicycle and rider $
3.00
(C) motorcycle and rider $
5.00
(D) single vehicle or combination 20 feet or less in
length $ 10.00
(minimum fare for licensed vehicle)
(E) vehicle or combination over 20 feet up to and
including 40 feet $ 20.00
(F) vehicle or combination over 40 feet to 65 feet $
30.00
(G) each passenger in any size vehicle $
2.00
(3) Pamlico River
(A) pedestrian $
2.00
(B) bicycle and rider $
3.00
(C) motorcycle and rider $
5.00
(D) single vehicle or combination 20 feet or less in
length $ 10.00
(minimum fare for licensed vehicle)
(E) vehicle or combination over 20 feet up to and
including 40 feet $ 20.00
(F) vehicle or combination over 40 feet to 65 feet $
30.00
(G) each passenger in any size vehicle $
2.00
(4) Cherry Branch-Minnesott Beach
(A) pedestrian $
1.00
(B) bicycle and rider $
2.00
(C) motorcycle and rider $
3.00
(D) single vehicle or combination 20 feet or less in
length $ 4.00
(minimum fare for licensed vehicle)
(E) vehicle or combination over 20 feet up to and
including 40 feet $ 8.00
(F) vehicle or combination over 40 feet to 65 feet $
12.00
(G) each passenger in any size vehicle $
1.00
(d) Commuter Passes are valid for one year. Passes are
available to anyone. Passes are valid for the pass owner only as follows:
(1) System-Wide Passes
(A) Pedestrian / Passenger $
100.00
(B) Bicycles, Motorcycles, and vehicles less than 20
feet $ 500.00
(C) Vehicles 20 feet and over up to 40 feet $
600.00
(D) Vehicles over 40 feet $
700.00
(2) Site Specific Pass for the Cedar
Island-Ocracoke Ferry or the Swan Quarter-Ocracoke Ferry
(A) Pedestrian / Passenger $
75.00
(B) Bicycles, Motorcycles, and vehicles less than 20
feet $ 300.00
(C) Vehicles 20 feet and over up to 40 feet $
400.00
(D) Vehicles over 40 feet $
500.00
(3) Site Specific Pass for the Southport-Fort
Fisher Ferry or the Pamlico River Ferry
(A) Pedestrian / Passenger $
50.00
(B) Bicycles, Motorcycles, and vehicles less than 20
feet $ 200.00
(C) Vehicles 20 feet and over up to 40 feet $
250.00
(D) Vehicles over 40 feet $
300.00
(4) Site Specific Pass for the Cherry Branch
Minnesott Beach Ferry
(A) Pedestrian / Passenger $
25.00
(B) Bicycles, Motorcycles, and vehicles less than 20
feet $ 150.00
(C) Vehicles 20 feet and over up to 40 feet $
200.00
(D) Vehicles over 40 feet $
250.00
History Note: Authority G.S. 136-82; 143B-10(j);
Eff. July 1, 1978;
Amended Eff. July 7, 2014; March 1, 2004; April 1, 2003;
August 1, 2002; November 1, 1991; May 1, 1983;
19A NCAC 02D .0533 TICKET LIMITS
Tickets are valid only on the date of purchase and for the
trip number indicated.
History Note: Authority G.S. 136‑82; 143B‑10(j);
Eff. July 1, 1978;
Amended Eff. December 1, 1993.
19A NCAC 02D .0534 REDEMPTION OF TICKETS
Upon presentation by the lawful holder thereof, unused
tickets will be redeemed upon the following terms provided such ticket is so
presented for redemption within 30 days after the date of sale:
(1) Unused tickets will be redeemed at the purchase
price.
(2) Altered or mutilated tickets will not be honored
for passage.
History Note: Authority G.S. 136‑82; 143B‑10(j);
Eff. July 1, 1978;
Amended Eff. December 1, 1993.
19A NCAC 02D .0535 FERRY RESERVATIONS
(a) Reservations for space are available only for the Cedar
Island‑Ocracoke or the Swan Quarter‑Ocracoke ferry operations. All
other operations are on a "first come‑first served" basis.
(b) Reservations may be made only by telephone or in
person, by applying to the terminal from which departure is to be made:
For departure from Ocracoke call: (919) 928‑3841
For departure from Cedar Island call: (919) 225‑3551
For departure from Swan Quarter call: (919) 926‑1111
Office hours: 6:00 A.M. to 6:00 P.M.
(c) Reservations may be made any time within 30 days of
departure date and are not transferable. Name of driver and vehicle license
number is required.
(d) Reservations must be claimed at least 30 minutes prior
to scheduled departure. Reservations not claimed prior to this time will be
cancelled and space reassigned.
(e) In case of departure cancellation because of mechanical
failure, inclement weather, or other unavoidable causes, reservations will be
rescheduled for the earliest possible departure.
History Note: Authority G.S. 136‑82; 143B‑10(j);
Eff. July 1, 1978.
19A NCAC 02D .0536 MAIL TRUCKS
Mail trucks may be granted priority privileges for loading
on all system ferries.
History Note: Authority G.S. 136‑82; 143B‑10(j);
Eff. July 1, 1978.
19A NCAC 02D .0537 FERRY SCHEDULES
Ferry schedules are available on the Official North Carolina
Highway Map, from the Ferry Operations Office in Morehead City, (919) 726‑6446,
or on signs posted at strategic locations along ferry terminal approach highways
or at the ferry terminal.
History Note: Authority G.S. 136‑82;
Eff. July 1, 1978;
Amended Eff. December 1, 1993.
19A NCAC 02D .0538 VEHICLE WEIGHT LIMITATIONS
Maximum weights permissible for each ferry vessel is as
follows:
Gross Load Limit
Any Axle 13,000
lbs.
2 Axles (Single Vehicle) 24,000
lbs.
3 or More Axles (Single or
Combination Vehicles 36,000
lbs.
History Note: Authority G.S. 136‑82; 143B‑10(j);
Eff. July 1, 1978;
Amended Eff. November 1, 1991.
19A NCAC 02D .0539 VEHICLE PHYSICAL DIMENSION LIMITATIONS
(a) Maximum physical dimensions for vehicles on each ferry
vessel are as follows:
Vessel Length Width Height
Lindsay Warren
65' 144" 13'6"
Conrad Wirth
65' 144" 13'6"
Roanoke
65' 144" 13'6"
R. B. Etheridge
65' 144" 13'6"
A. W. Drinkwater
65' 144" 13'6"
H. C. Bonner
65' 144" 13'6"
Silver Lake
65' 120" 13'6"
Pamlico
65' 120" 13'6"
Sea Level
65' 96" 13'6"
Gov. Edward Hyde
65' 96" 13'6" *
50' (Side)
120" 13'6" **
Beaufort
50' 96" 12'4"
Sandy Graham
55' 96" 13'6"
Emmett Winslow
50' 96" 13'6"
Ocracoke
65' 144" 13'6"
Cape Point
65' 144" 13'6"
Chicamacomico
65' 144" 13'6"
Kinnakeet
65' 144" 13'6"
Frisco
65' 144" 13'6"
Governor Russell
65' 144" 13'6"
Governor James
Baxter Hunt, Jr.
65' 144" 13'6"
Carteret
55' 120" 13'6"
Floyd J. Lupton
65' 144" 13'6"
* 13'6" Height refers to capacity along
center line of ferry.
** 13'6" Height refers to capacity on either
side of centerline.
(b) Vehicles having overall dimensions in excess of
following dimensions (Length: single two axle vehicle, 35 feet; single three
axle vehicle, 40 feet; vehicle combination, 60 feet Width: 96 inches Height:
13 feet 6 inches) shall carry a special permit issued by the division of
highways; otherwise, loading aboard a ferry vessel will not be permitted.
History Note: Authority G.S. 20‑119; 136‑82;
143B‑10(j);
Eff. July 1, 1978;
Amended Eff. December 1, 1993; November 1, 1991.
section .0600 – OVERSIZE-OVERWEIGHT PERMITS
19A NCAC 02D .0601 PERMITS-AUTHORITY, APPLICATION AND
ENFORCEMENT
(a) The Chief Engineer or his designee shall issue
oversize/overweight permits for qualifying vehicles. Irrespective of the route
shown on the permit, a permitted vehicle shall travel an alternate route:
(1) if directed by a law enforcement officer
with jurisdiction;
(2) if directed by an official traffic control
device to follow a route to a weighing device; and
(3) if the specified route on the permit is
detoured by an officially erected highway sign, traffic control devices, or law
enforcement officer, the driver of the permitted vehicle shall contact the
Central Permit Office or the issuing field office for house move permits as
soon as reasonably possible for clearance of route or revision of the permit.
(b) Prior to application for an oversize or overweight permit,
the vehicle or vehicle combination and the commodity in transport shall be
reduced or loaded to the least practical dimensions and weight. Application
for permits with the exception of house move permits shall be made to the
Central Permit Office. Applications for permits shall be submitted in writing
to the Central Permit Office for consideration of approval for moves exceeding:
(1) a gross weight of 132,000 pounds with the
fee specified in G.S. 20-119(b) at least ten working days prior to the
anticipated date of movement;
(2) a width of 15' with documentation for
variances at least ten working days prior to the anticipated date of movement
with the exception of a mobile/modular unit with maximum measurements of 16'
wide unit and a 3" gutter edge; a width of 16' 11" with the exception
of house moves is required to be submitted with the fee specified in G.S.
20-119(b) with documentation for variances at least ten working days prior to
the anticipated date of movement; or
(3) a height of 14 feet at least two working
days prior to the anticipated date of movement.
(c) Upon completion of an engineering study for moves
exceeding a gross weight of 132,000 pounds, a surety bond to cover potential
damage to highways and bridge structures shall be required for overweight
permits if the engineering study shows potential for damage to highways and
bridge structures along the particular route of the requested permit.
(d) The North Carolina licensed mobile or modular home
retail dealer shall maintain records of all mobile or modular units moved by
authority of an annual permit for a minimum of four years from the date of
movement. The records shall be available for inspection and audit by officers
of the Division of Motor Vehicles. Monthly reports shall be submitted by the
dealer to the Central Permit Office on a form furnished by the Department of
Transportation. Failure to comply with any requirement may be grounds for
denying, suspending, or revoking Manufacturer's License, Dealer's License, or
both issued by the Division of Motor Vehicles as specified in Chapter 20 of the
Motor Vehicle Law, Title 19A NCAC 03D .0219, or North Carolina oversize or
overweight permit privileges.
(e) Law enforcement officers may perform on-site
inspections of mobile or modular homes ready for shipment at the point of
manufacture or at the dealer lot for compliance with Chapter 20 of the General
Statutes, dealer and manufacturer regulations, permit regulations, and policy.
Notification of violations shall be submitted by enforcement personnel to the
Central Permit Office.
(f) The penalties provided in this Rule are in addition to
the penalties provided for in Chapter 20 of the North Carolina General
Statutes.
(g) Permits may be declared void by the Chief Engineer or
his designee upon determination that such overdimension/overweight permit was
being used in violation of the General Statutes of North Carolina, Permit Rules
or restrictions stated on the permit.
(h) Permits may also be denied, revoked or declared invalid
as stated in Rule .0633 of this Section.
History Note: Authority G.S. 20-119; 136-18(5);
Eff. July 1, 1978;
Amended Eff. November 1, 1993; October 1, 1991;
Temporary Amendment Eff. January 10, 2002; October 1,
2000;
Amended Eff. December 1, 2012; April 1, 2009; August 1,
2002.
19A NCAC 02D .0602 PERMITS‑ISSUANCE AND FEES
(a) Permits may be issued for movements of loads which
cannot be reasonably divided, dismantled or disassembled, or so loaded to meet
legal requirements. Permits are issued on authorized forms with appropriate
designation for qualifying moves on the most direct route of travel to the
destination after consideration of vertical clearances, work zones, and other
factors to ensure safe movement. A permit issued by the Department is not
valid for travel over municipal streets (defined as streets or highways not
maintained by the State of North Carolina).
(b) Single trip permits may include a return trip to origin
if requested at the time of original issuance and the return trip can be made
within the validation of such permit. No single trip permit request shall be
issued for a time period to exceed 30 days. Annual permits (blanket) are valid
12 months from the effective date of the permit.
(c) The Department of Transportation shall collect a fee as
specified in G.S. 20‑119(b). Only cash, certified check, money order,
company check, or credit card shall be accepted. No personal checks shall be
accepted. The Department shall bill permittees with established credit
accounts monthly for permits issued for the previous month.
History Note: Authority G.S. 20‑119; 136‑18(5);
Eff. July 1, 1978;
Amended Eff. December 29, 1993; October 1, 1991; April
1, 1984; April 11, 1980;
Filed as a Temporary Rule Eff. October 1, 2000;
Amended Eff. August 1, 2002.
19A NCAC 02D .0603 ISSUING OFFICES AND PROCEDURES
19A NCAC 02D .0604 APPLICATIONS FOR A PERMIT
19A NCAC 02D .0605 PERMITS
19A NCAC 02D .0606 LEGAL WEIGHTS AND DIMENSIONS
History Note: Authority G.S. 20‑116; 20‑118;
20‑119; 136‑18(5);
Eff. July 1, 1978;
Amended Eff. October 1, 1990; September 1, 1990;
April 1, 1984; April 11, 1980;
Repealed Eff. October 1, 1991.
19A NCAC 02D .0607 PERMITS-WEIGHT, DIMENSIONS AND
LIMITATIONS
(a) The State Highway Administrator or his designee may
issue a vehicle specific single trip permit for vehicle and vehicle combinations
with non-divisible overwidth loads limited to a maximum width of 15 feet under
the conditions specified in this Rule. The State Highway Administrator or his
designee may authorize the issuance of a permit for movement of load width in
excess of 15 feet in accordance with 19A NCAC 02D .0600 after analysis of the
proposed load and evaluation of the proposed route of travel. However, a
mobile or modular unit is limited to a maximum width of 16 feet and a 3 inch
gutter edge.
(b) An annual oversize and overweight permit may be issued
as follows:
(1) for unlimited movement without the
requirement of an escort on all North Carolina highways, where permitted by the
posted road and bridge limits, for vehicle and vehicle combinations
transporting a general non-divisible commodity which has a minimum extreme
wheelbase of 51 feet and does not exceed:
(A) width of 12 feet;
(B) height of 13 feet, 6 inches;
(C) length of 105 feet;
(D) gross weight of 90,000 pounds; and
(E) axle weights of 20,000 pounds steer axle, 25,000
pounds single axle, 50,000 pounds tandem axle, 60,000 pounds tridem axle and
68,000 pounds for a four or more axle grouping.
(2) for unlimited movement without the
requirement of an escort on all North Carolina highways, where permitted by the
posted road and bridge limits, for four or five axle self-propelled equipment
or special mobile equipment, defined as a non-property hauling vehicle, which
has permanently attached equipment, that is operated on the highway only for
the purpose of traveling to and from a non-highway job and is licensed as
special mobile equipment by the Division of Motor Vehicles, capable of
traveling at a highway speed of 45 miles per hour which has a minimum wheel
base of 30 feet and which does not exceed:
(A) width of 12 feet;
(B) height of 13 feet, 6 inches;
(C) length of 105 feet;
(D) gross weight of 90,000 pounds; and
(E) axle weights of 20,000 pounds steer axle, 25,000
pounds single axle, 50,000 pounds tandem axle, 60,000 pounds tridem axle and
68,000 pounds for a four or more axle grouping.
(3) for unlimited movement with the requirement
of an escort vehicle on all North Carolina highways, where permitted by the
posted bridge and load limits, for vehicles and vehicle combinations
transporting farm equipment and which does not exceed:
(A) a width of 14 feet;
(B) a height of 13 feet 6 inches; and
(C) a weight as set forth in G.S. 20-118(b)(3).
(4) with the requirement of an escort for mobile
or modular homes with a maximum height of 13 feet 6 inches being transported
from a manufacturer to a North Carolina mobile or modular home dealership with
a unit width not to exceed 14 feet with an allowable roof overhang not to
exceed a total unit width of 12 inches or 16 feet with a 3 inch gutter edge.
These mobile or modular homes shall be authorized to travel on designated
routes approved by the Department of Transportation considering construction
work zones, highway lane widths, origin and destination or other factors to
ensure safe movement.
(5) with the requirement of an escort to a North
Carolina licensed mobile or modular home retail dealer and the transporter for
delivery of mobile or modular homes not to exceed a maximum unit width of 14
feet with a total roof overhang not to exceed 12 inches and a height of 13 feet
6 inches. The annual permit shall be valid for delivery of mobile or modular homes
within a maximum 25-mile radius of the dealer location. Confirmation of
destination for delivery shall be carried in the permitted towing unit readily
available for law enforcement inspection.
(6) for unlimited movement without the
requirement of an escort on all North Carolina highways, where permitted by the
posted road and bridge limits, for vehicle and vehicle combinations
transporting non-divisible commodities which do not exceed:
(A) width of 12 feet;
(B) length as set forth in G.S. 20-115.1(b) and G.S.
20-116(e) but not to exceed 105 feet;
(C) height of 13 feet 6 inches;
(D) gross weight and axle weights as set forth in G.S.
20-118(b)(1)(2)(3).
(c) A 14 foot-wide mobile or modular home unit may be
transported with a bay window, room extension, or porch providing the
protrusion does not extend beyond the maximum 12 inches of roof overhang or the
total width of overhang on the applicable side of the home. An extender shall
be placed on the front and rear of the mobile or modular home with a length to
extend horizontally equal to but not beyond the extreme outermost edge of the
home's extension. The extenders shall have retro-reflective sheeting, a
minimum of 4 inches, which shall be Type III high intensity (encapsulated lens)
or Type IV high performance (prismatic) with alternating fluorescent yellow and
black diagonal stripes sloping towards the outside of the home with a minimum
area of 288 square inches. The bottom of the extenders shall be 6 feet to 8
feet above the road surface with a 5 inch amber flashing beacon mounted on the
top of each extender.
(d) The maximum weight permitted on a designated route is
determined by the bridge capacity of bridges to be crossed during movement.
The route traveled from an origin to a destination must be included within one
permitted route of travel. Moves exceeding weight limits for highways or
bridge structures shall be denied if considered by the issuing agent to be
unsafe or if they may cause damage to the highway or structure. A surety bond
shall be required if the Department determines it is necessary to cover the
cost of potential damage to pavement, bridges or other damages incurred during
the permitted move.
(e) The maximum permittable weights for non-divisible loads
are as follows:
(1) The maximum single trip and annual permit
weight allowed for a vehicle or vehicle combination not including off highway
construction equipment is:
(A) Steer Axle 20,000
pounds;
(B) Single axle 25,000
pounds;
(C) Tandem axle 50,000
pounds;
(D) Tridem axle 60,000
pounds;
(E) Four or more axle group 68,000
pounds;
(F) Five or more axle group exceeding 68,000 pounds
requires an engineering study;
(G) Three axle single vehicle may have a maximum gross
weight up to 70,000 pounds;
(H) Four axle single vehicle may have a maximum gross
weight up to 90,000 pounds;
(I) Five axle single vehicle may have a maximum gross
weight up to 94,500 pounds;
(J) Five axle vehicle combination may have a maximum
gross weight up to 112,000 pounds;
(K) Six axle single vehicle may have a maximum gross
weight up to 108,000 pounds;
(L) Six axle vehicle combination may have a maximum
gross weight up to 120,000 pounds;
(M) Seven axle single vehicle may have a maximum gross
weight up to 122,000 pounds;
(N) Seven axle vehicle combination may have a maximum
gross weight up to 132,000 pounds; and
(O) Seven or more axle vehicle combination with a gross
weight exceeding 132,000 pounds requires an engineering study.
(2) The maximum permit weight allowed for self
propelled off highway construction equipment with low pressure or low flotation
tires is:
(A) Single axle 37,000
pounds;
(B) Tandem axle 50,000
pounds;
(C) Two axle single vehicle may have a maximum gross
weight up to 70,000 pounds;
(D) Three axle single vehicle may have a maximum gross
weight up to 80,000 pounds; and
(E) Four axle single vehicle may have a maximum gross
weight up to 90,000 pounds.
(3) A vehicle combination consisting of a power
unit and trailer hauling a sealed ship container may qualify for a specific
route overweight permit provided the vehicle:
(A) Is going to or from a designated seaport (to include
in state and out of state) and has been or shall be transported by marine
shipment;
(B) Is licensed for the maximum allowable weight for a
51 feet extreme wheelbase measurement specified in G.S. 20-118;
(C) Does not exceed maximum dimensions of width, height
and length specified in G.S. 20-116;
(D) Is a vehicle combination with at least five axles;
and
(E) Has proper documentation (shippers bill of lading
or trucking bill of lading) of sealed commodity being transported available for
law enforcement officer inspection.
(f) Overlength permits shall be limited as follows:
(1) Single trip permits are limited to 105 feet
inclusive of the towing vehicle. Approval may be given by the Central Permit
Office for permitted loads in excess of 105 feet after review of geographic
route of travel, consideration of local construction projects and other
dimensions of the load;
(2) Mobile or modular home units shall not
exceed a length of 76 feet and a total overall length inclusive of the towing
vehicle of 105 feet; and
(3) Annual (blanket) permits shall not be
issued for lengths to exceed 105 feet.
(g) An Overheight Permit Application for heights in excess
of 14 feet must be submitted in writing to the Central Permit Office at least
two working days prior to the anticipated date of movement. An Overheight
Permit Application for heights 14 feet and less must be submitted in writing or
verbally to the Central Permit Office. The issuance of the permit does not
imply nor guarantee the clearance for the permitted load and all vertical
clearances shall be checked by the permittee prior to movement underneath.
(h) Movement of all vehicles and vehicle combinations
subject to this Rule shall be made as follows:
(1) Movement shall be made between sunrise and
sunset Monday through Saturday. Sunday travel may be authorized from sunrise
to sunset after consideration of the overall permitted dimensions. Exception: A
16 foot-wide mobile or modular home unit with a maximum 3 inch gutter edge is
restricted to travel from 9:00 a.m. to 2:30 p.m. Monday through Saturday. A 16
foot-wide unit is authorized to continue operation after 2:30 p.m., but not
beyond sunset, when traveling on an approved route as determined by an
engineering study and the unit is being exported out-of-state. Additional time
restrictions may be set by the issuing office if it is in the best interest for
safety or to expedite flow of traffic.
(2) No movement is permitted for a vehicle and
vehicle combination after noon on the weekday preceding the six holidays of New
Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and
Christmas Day until noon on the weekday following a holiday. If the observed
holiday falls on the weekend, travel is restricted from 12:00 noon on the
preceding Friday until 12:00 noon on the following Monday.
(3) Continuous travel (24 hours a day, 7 days a
week, 365 days per year) is authorized for any vehicle and vehicle combination
up to but not to exceed a permitted gross weight of 112,000 pounds provided the
permitted vehicle has no other over legal dimension of width, height or length
included in the permitted move. Exception: Self-propelled equipment may be
authorized for continuous travel with overhang (front or rear or both) not to
exceed a total of 10 feet provided overhang is marked with high intensity glass
bead retro-reflective sheeting tape measuring 2 inches by 12 inches displayed
on both sides and the end of the extension and on each side of the
self-propelled vehicle 24 inches from the road surface at nearest feasible
center point between the steer and drive axles. Any rear overhang must display
a mounted brake light and a flashing amber light, 8 inches in diameter with a
minimum candlepower of 800 watts.
(4) Permitted vehicles owned or leased by the
same company or permitted vehicles originating at the same location shall
travel at a distance of not less than two miles apart. Convoy travel is not
authorized except as directed by law enforcement escort.
(5) If blades of construction equipment or
front end loader buckets cannot be angled to extend no more than 14 feet across
the roadway, they shall be removed. A blade, bucket or other attachment that
is an original part of the equipment as manufactured may be removed and hauled
with the equipment without being considered a divisible load.
(6) The speed of permitted moves shall be that
which is reasonable and prudent for the load, considering weight and bulk,
under conditions existing at the time; however, the maximum speed shall not
exceed the posted speed limit. A towing unit and mobile or modular home
combination shall not exceed a maximum speed of 60 miles per hour. The driver
of the permitted vehicle shall avoid creating traffic congestion by
periodically relinquishing the traffic way to allow the passage of following
vehicles when a build up of traffic occurs.
(7) The object to be transported shall not be
loaded or parked, day or night, on the highway right of way without permission
from the office issuing the permit after confirmation of an emergency
condition.
(8) No move shall be made when weather
conditions render visibility less than 500 feet for a person or vehicle. Moves
shall not be made when travel conditions are considered unsafe by the Division
of Highways, State Highway Patrol or other Law Enforcement Officers having
jurisdiction. Movement of a mobile or modular unit exceeding a width of 10
feet is prohibited when wind velocities exceed 25 miles per hour in gusts.
(9) All obstructions, including traffic
signals, signs and utility lines shall be removed prior to and replaced after
the move at the expense of the mover, provided arrangements for and approval
from the owner is obtained. Trees, shrubs, or official signs shall not be cut,
trimmed or removed without approval from the Division of Highways District
Engineer having jurisdiction over the area involved. In determining whether to
grant approval, the district engineer shall consider the species, age and
appearance of the tree or shrub in question and its contribution to the
aesthetics of the area.
(10) The Department of Transportation may require
escort vehicles to accompany oversize or overweight loads. The weight, width
of load, width of pavement, height, length of combination, length of overhang,
maximum speed of vehicle, geographical route of travel, weather conditions and
restricted time of travel shall be considered to determine escort requirements.
(i) Additional safety measures are as follows:
(1) A yellow banner measuring a total length of
7 feet x 18 inches high bearing the legend "Oversize Load" in 10 inch
black letters 1.5 inch wide brush stroke shall be displayed in one or two
pieces totaling the required length on the front and rear bumpers of a
permitted vehicle and vehicle combination with a width greater than 10 feet. A
towing unit mobile or modular home combination shall display banners of the
size specified bearing the legend "Oversize ----- feet Load" identifying
the actual width of the unit in transport. Escort vehicles shall display
banners as specified in this Subparagraph with the exception of length to
extend the entire width of the bumpers;
(2) Red or orange flags measuring 18 inches
square shall be displayed on all sides at the widest point of load for all
loads in excess of 8 feet 6 inches wide but the flags shall be mounted so as
not to increase the overall width of the load;
(3) All permitted vehicles and vehicle
combinations shall be equipped with tires of the size specified and the
required number of axles equipped with operable brakes in good working
condition as provided in North Carolina Statutes and Motor Carrier and Housing
and Urban Development (HUD) regulations;
(4) Rear view mirrors and other safety devices
on towing units attached for movement of overwidth loads shall be removed or
retracted to conform with legal width when unit is not towing or hauling such
vehicle or load; and
(5) Flashing amber lights shall be used as
determined by the issuing permit office.
History Note: Authority G.S. 20-116; 20-118; 20-119;
136-18(5); Board of Transportation Minutes for February 16, 1977 and November
10, 1978;
Eff. July 1, 1978;
Amended Eff. October 1, 1994; December 29, 1993; October
1, 1991; October 1, 1990;
Temporary Amendment Eff. January 10, 2002; December 31,
2000; October 1, 2000;
Amended Eff. August 1, 2012; June 1, 2010; April 1, 2009;
August 1, 2002.
19A NCAC 02D .0608 LENGTH
19A NCAC 02D .0609 HEIGHT
19A NCAC 02D .0610 WEIGHT
19A NCAC 02D .0611 TIME LIMIT
History Note: Authority G.S. 20‑116; 20‑119;
136‑18(5); Board of Transportation Minutes for February 16, 1977 and
November 10, 1978;
Eff. July 1, 1978;
Amended Eff. September 1, 1990; October 1, 1987; April 1,
1984; February 1, 1983;
Repealed Eff. October 1, 1991.
19A NCAC 02D .0612 PERMITS ‑ HOUSE MOVES
(a) Application for a permit shall be made by a licensed
housemover for movement of buildings or structures in excess of 15' in width to
the appropriate Division of Highways district or division office in which the
house is to be moved or in conjunction with other Division of Highways
districts or divisions included in the proposed move.
(b) It is not necessary for an individual to acquire a
housemover license prior to applying for a permit if the power unit and
building is owned by the permittee and such move is to or from property owned
individually by the permittee.
(c) Conditions, restrictions, and limitations on house move
permits shall be determined by the Division of Highways.
History Note: Authority G.S. 20‑119; 20-360; 136‑18(5);
Eff. July 1, 1978;
Amended Eff. November 1, 1993; October 1, 1991; April 1,
1984; January 1, 1979;
Filed as a Temporary Rule Eff. October 1, 2000;
Amended Eff. August 1, 2002.
19A NCAC 02D .0613 TIME AND SAFETY REQUIREMENTS ‑
BUILDING MOVES
19A NCAC 02D .0614 SIZE AND WEIGHT ‑ BUILDING MOVES
19A NCAC 02D .0615 ESTIMATE OF GROSS WEIGHT ‑
BUILDINGS
History Note: Authority G.S. 20‑119; 136‑18(5);
Eff. July 1, 1978;
Amended Eff. April 11, 1980;
Repealed Eff. October 1, 1991.
19A NCAC 02D .0616 DISTANCE LIMITATIONS ‑ BUILDING
MOVES ‑ REPEALED
History Note: Authority G.S. 20‑119; 136‑18(5);
Eff. July 1, 1978;
Repealed Eff. January 1, 1979.
19A NCAC 02D .0617 REMOVAL OF OBSTRUCTIONS ‑ BUILDING
MOVES
History Note: Authority G.S. 20‑119; 136‑18(5);
Eff. July 1, 1978;
Amended Eff. April 11, 1980;
Repealed Eff. October 1, 1991.
19A NCAC 02D .0618 INDEMNITY ‑ BUILDING MOVES
History Note: Authority G.S. 20‑119; 136‑18(5);
Eff. July 1, 1978;
Amended Eff. January 1, 1979;
Repealed Eff. November 1, 1993.
19A NCAC 02D .0619 LIMITATIONS ‑ BUILDING MOVES
19A NCAC 02D .0620 REQUIRING OF ESCORT VEHICLE
19A NCAC 02D .0621 POSITION OF ESCORT VEHICLES
19A NCAC 02D .0622 ESCORT OF VEHICLE REQUIREMENTS
19A NCAC 02D .0623 SLOW SPEED: ESCORT
19A NCAC 02D .0624 TIME OF MOVE
19A NCAC 02D .0625 SPEED LIMITS
19A NCAC 02D .0626 SIGNS: FLAGS
19A NCAC 02D .0627 STATE HIGHWAY PATROL NOTIFICATION
History Note: Authority G.S. 20‑119; 136‑18(5);
Board of Transportation Minutes for
February 16, 1977 and November 10, 1978;
Eff. July 1, 1978;
Amended Eff. October 1, 1990; September 1, 1990; January
1, 1985; July 1, 1981;
Repealed Eff. October 1, 1991.
19A NCAC 02D .0628 SAFETY DEVICES
History Note: Authority G.S. 20‑119; 136‑18(5);
Eff. July 1, 1978;
Repealed Eff. September 1, 1990.
19A NCAC 02D .0629 TOWING UNIT
19A NCAC 02D .0630 ROUTE CHANGES
19A NCAC 02D .0631 HIGHWAY RIGHT OF WAY RESTRICTIONS
19A NCAC 02D .0632 WEATHER
History Note: Authority G.S. 20‑119; 136‑18(5);
Eff. July 1, 1978;
Amended Eff. October 1, 1990; April 11, 1980;
Repealed Eff. October 1, 1991.
19A NCAC 02D .0633 DENIAL: REVOCATION: REFUSAL TO RENEW:
APPEAL: INVALIDATION
(a) An oversize or overweight permit may be revoked and
considered void by the Chief Engineer or his designee upon inspection and
written documentation that the permittee violated the terms and conditions of
the permit, or state and local laws and ordinances regulating the operation of
oversize and overweight vehicles. A permit may also be revoked or considered
void if information on the permit application is misrepresented, if the permit
is obtained fraudulently, if the permit is altered, or if the permit is used in
an unauthorized manner. Permits may be revoked or considered void by the Chief
Engineer or his designee if the vehicle or vehicle combination is found by a
law enforcement officer to be operating in violation of the authorized route of
travel, time of movement, escort requirements, axle weights, number of axles,
or any other special conditions of the permit that may damage North Carolina
highway infrastructure or create unsafe travel conditions for the motoring
public. A permit that is determined by the Chief Engineer or his designee to
be revoked or void must be surrendered without consideration for refund of fees
to the law enforcement officer for delivery to the Chief Engineer or his
designee.
(b) No permit application shall be denied or renewal
refused or an issued permit revoked or considered void until a verbal or
written notice of the denial of permit request or revocation of the issued
permit has been furnished to the permittee. The permittee may appeal in writing
to the Chief Engineer or his designee within 10 days of receipt of a verbal or
written notice of such denial or revocation. The Chief Engineer or his
designee shall send a written notice by certified mail, return receipt
requested, not fewer than 10 days prior to the date of the hearing. The Chief
Engineer or his designee shall provide a written decision to the permittee within
10 days from the date of the hearing.
(c) A permittee who has had permit privileges suspended or
revoked by the Chief Engineer or his designee may, within 15 days following
notification of the adverse action, make written appeal to the Secretary of Transportation
for review of the suspension or revocation. The Secretary may affirm or set
aside the suspension or revocation based on a review of the written appeal, the
suspension or revocation decision, as well as any available documents, exhibits
or other evidence bearing on the appeal. The individual appealing shall be
advised of the final disposition of the action within 21 days following receipt
of the appeal.
(d) An oversize or overweight permit application may be
denied for a period of up to six months upon written documentation that the
applicant operated in violation of any of the rules contained in this Section,
or any state and local law or any rule or ordinance regulating the operation of
oversize or overweight vehicles. Repeated violations may result in a permanent
denial of the right to use the N.C. State Highway System of roads for
transportation of oversize or overweight loads or vehicles.
History Note: Authority G.S. 20-119; 20-360; 20-361; 20-367;
20-369; 20-371; 136-18(5); 143B-346; 143B-350(f);
Eff. July 1, 1978;
Amended Eff. November 1, 1993; October 1, 1991; April 1,
1984; April 11, 1980;
Temporary Rule Eff. October 1, 2000;
Amended Eff. December 1, 2012; April 1, 2009; August 1,
2002.
19A NCAC 02D .0634 DELEGATION
19A NCAC 02D .0635 COORDINATION OF MOVEMENT
19A NCAC 02D .0636 SPECIAL CONDITIONS
19A NCAC 02D .0637 SPECIAL PERMIT LIMITATIONS
19A NCAC 02D .0638 UNUSUAL CIRCUMSTANCES
History Note: Authority G.S. 20‑119; 136‑14.1;
136‑18(5);
Eff. July 1, 1978;
Amended Eff. December 1, 1990; April 1, 1984; November 1,
1978;
Repealed Eff. October 1, 1991.
19A NCAC 02D .0639 SPECIAL PERMITS FOR PASSENGER BUSES
History Note: Authority G.S. 20‑118(8);
Eff. September 1, 1978;
Repealed Eff. October 1, 1991.
19A NCAC 02D .0640 PERMIT MANUAL OVERSIZE: OVERWEIGHT
MOVEMENTS
History Note: Authority G.S. 20‑119; 20‑360;
20‑361; 20‑367; 20‑369; 20‑371; 136‑18(5);
143B‑346; 143B‑350(f); 150A‑62; 150A‑63(c);
Eff. April 11, 1980;
Repealed Eff. April 3, 1981.
19A NCAC 02D .0641 PERMIT FEES
History Note: Authority G.S. 20‑119; 136‑18(5);
143B‑359(f)(13); 12‑3.1;
Eff. April 1, 1984;
Repealed Eff. October 1, 1991.
19A ncac 02D .0642 TEMPORARY AUTHORIZATION FOR ISSUANCE OF
PERMITS
History Note: Authority G.S. 20‑118(f); 20‑119;
136‑18(5);
Temporary Adoption Eff. October 19, 2000;
Temporary Adoption Expired August 12, 2001.
19A NCAC 02D .0643 ESCORT VEHICLE DRIVER CERTIFICATION
On or after July 1, 2003, when an escort vehicle is
required, escort vehicle drivers shall be certified in accordance with 19A NCAC
02D .0644. Certification credentials shall be carried in the vehicle and shall
be readily available for inspection by law enforcement officials with
jurisdiction.
History Note: Authority G.S. 20-119;
Temporary Adoption Eff. March 11, 2002;
Eff. April 1, 2003.
19A NCAC 02D .0644 OVERSIZE-OVERWEIGHT LOAD ESCORT VEHICLE
OPERATOR cERTIFICATION PROGRAM
(a) The Secretary of Transportation or his designee shall
administer an Oversize-Overweight Load Escort Vehicle Operator Certification
Program as required by G.S. 20-119.
(b) The escort vehicle operator certification program shall
include the following:
(1) Instruction on safe and effective escort
skills.
(2) Examination that documents course
comprehension.
(3) Recognition of escort vehicle operator
certification.
(4) Recognition of escort vehicle operator
certification from other states which have certification programs for operators
with out-of-state driver's license.
(c) The department shall issue a certificate which provides
recognition of satisfactory completion of the instruction.
(1) The certificate shall be effective for four
years from issue date.
(2) The certificate shall be reissued upon
satisfactory completion of a current certification examination administered by
North Carolina Department of Transportation (NCDOT) training providers.
(d) Any operator authorized to escort a permitted
oversize-overweight load in North Carolina shall make application to NCDOT and
be qualified as follows:
(1) An escort certified by another state's
approved program;
(2) A North Carolina law enforcement officer;
or
(3) A person who:
(A) Meets one of the following requirements:
(i) Is at least 21 years of age; or
(ii) Is at least 18 years of age with a Class A
commercial driver's license;
(B) Possesses a valid driver's license without
restrictions other than for use of corrective lens and has demonstrated
evidence of operating a motor vehicle safely which includes not operating in a
reckless manner or driving while impaired in the previous 12 months. The
driving record shall be documented by a certified copy of Division of Motor
Vehicles (DMV) Driver's Record accompanying the application;
(C) Possesses and provides with application
documentation of completion of a defensive driving course approved by the
National Safety Council or an equivalent course; and
(D) Has successfully completed the eight classroom-hours
North Carolina Department of Transportation Oversize-Overweight Load Escort
Vehicle Operator Certification Program offered by the North Carolina Community
College System with a certification examination score of at least 75% correct
and has received escort certification by the Department.
(e) Certification shall be revoked during its effective
period for the following:
(1) Failure to maintain a valid driver's
license without restrictions other than for corrective lens; or
(2) Failure to operate a motor vehicle safely. Conviction
of operating in a reckless manner or driving while impaired shall constitute
prima facie evidence of not operating a motor vehicle in a safe manner; or
(3) Evidence of performing the duties of an
escort driver in a manner with the potential to cause an accident, personal
injury, or damage to property.
(f) If certification is revoked under this Section,
subsequent certification as an Escort Vehicle Operator shall require
reapplication, satisfaction of program prerequisites, and requalification
through the certification program.
(g) An individual who has had his or her certificate
revoked may, within 15 days following notification of the adverse action, make
written appeal to the Secretary of Transportation for review of the revocation.
The Secretary may affirm or set aside the revocation based on a review of the
written appeal, the revocation decision, as well as any available documents,
exhibits or other evidence bearing on the appeal. The individual appealing
will be advised of the final disposition of the action within 21 days following
receipt of the appeal.
(h) The Secretary of Transportation or his designee shall
recognize certificates of other states whose programs meet the objectives of North Carolina's program for operators with out-of-state driver's license.
(i) Escort Vehicle Operator certification and a valid
driver's license shall be available in the escort vehicle for inspection whenever
the operator is performing the role of escort.
(j) Failure to conform to the escort requirements of this
Rule shall result in penalties imposed in G.S. 20-119(d).
History Note: Authority G.S. 20-119;
Temporary Adoption Eff. March 11, 2002;
Eff. April 1, 2003;
Amended Eff. April 1, 2009.
SECTION .0700 ‑ HIGHWAY DESIGN BRANCH
19A NCAC 02D .0701 APPLICATIONS FOR INTERMITTENT ROAD
CLOSING
History Note: Authority G.S. 136‑64.1(a);
Eff. July 1, 1978;
Repealed Eff. October 1, 1993.
19A NCAC 02D .0702 HIGHWAY SYSTEM LIMITATIONS
The rules in this Section apply only to secondary roads on
the state highway system.
History Note: Authority G.S. 136‑64.1(a);
Eff. July 1, 1978;
Amended Eff. October 1, 1993.
19A NCAC 02D .0703 REVIEW AND APPROVAL AUTHORITY
History Note: Authority G.S. 136‑64.1(d);
Eff. July 1, 1978;
Repealed Eff. October 1, 1993.
19A NCAC 02D .0704 APPLICATION PROCEDURES
Application for intermittent road closing shall be submitted
to the Chief Engineer in the form of a resolution from the requesting agency
and must include the following information plus any additional supportive data
the agency deems pertinent to the request:
(1) county where the road(s) is(are) located;
(2) secondary road(s) to be affected by flooding
(number and local name);
(3) a plan and profile sheet of the affected secondary
road(s) indicating the 5, 10, 25, 50 year and maximum flood stage elevations. The
duration of flooding shall also be indicated showing the total time the roadway
surface will be inundated for each storm frequency;
(4) a statement that the applicant will reimburse the
North Carolina Department of Transportation for all damages by reason of the
flooding of the highway right of way;
(5) a statement that the applicant shall be responsible
for all damages, by reason of the flooding, to any public utilities upon the
highway right of way; and
(6) a request that a permit be granted to the applicant
agency to allow the intermittent closing of the road.
History Note: Authority G.S. 136-64.1(a); 136-64.1(b);
Eff. July 1, 1978;
Amended Eff. December 1, 2012; October 1, 1993.
19A NCAC 02D .0705 REVIEW PROCEDURES
(a) Upon receipt of a completed application, the Chief
Engineer shall acknowledge the receipt and initiate a preliminary investigation
and review.
(b) In reviewing the application, the following factors shall
be taken into consideration as a basis for approval or disapproval:
(1) traffic count;
(2) availability of an acceptable detour;
(3) length of an acceptable detour;
(4) type road surface (paved or unpaved);
(5) school bus route – number of buses;
(6) anticipated frequency of flooding;
(7) anticipated duration of flooding;
(8) cost estimates to raise the roadway above
flood stage;
(9) probability of future significant changes
in traffic characteristics;
(10) comments from affected utilities; and
(11) comments from general public.
(c) Under no condition shall a permit be issued to allow
flooding which would isolate any home, business, or other commercial
establishment.
History Note: Authority G.S. 136-64.1(d);
Eff. July 1, 1978;
Amended Eff. December 1, 2012.
19A NCAC 02D .0706 PUBLIC NOTICE
History Note: Authority G.S. 136‑64.1(c);
Eff. July 1, 1978;
Repealed Eff. October 1, 1993.
19A NCAC 02D .0707 PERMIT FORM
The permit, if issued, shall be sent in the form of a letter
to the applicant from the Chief Engineer.
History Note: Authority G.S. 136-64.1(d);
Eff. July 1, 1978;
Amended Eff. December 1, 2012.
19A NCAC 02D .0708 WARNING SIGNS
(a) Upon approval of an application and the issuance of a
permit for flooding, the Department of Transportation will erect the warning
signs required by G.S. 136-64.1(d) on the secondary road(s) to advise the
general public of the intermittent closing of the road(s) involved unless the
applicant has notified the Department that it will erect the signs.
(b) The applicant must reimburse the department for all
costs associated with the fabrication, erection and maintenance of the warning
signs.
History Note: Authority G.S. 136‑64.1(d);
Eff. July 1, 1978;
Amended Eff. October 1, 1993.
19A NCAC 02D .0709 APPEAL PROCEDURES
In the event an application is denied by the Chief Engineer,
the applicant shall have the right to appeal the decision to the full Board of Transportation
pursuant to the procedures below:
Within 30 days after receiving notice from the administrator
that the application has been denied, the applicant must submit to the
Secretary of Transportation, by registered mail, a written appeal setting forth
with particularity the facts upon which the appeal is based. After receiving
this appeal, the secretary will notify the applicant of the date when the full
Board of Transportation shall consider a review of the application.
History Note: Authority G.S. 136-64.1(d);
Eff. July 1, 1978;
Amended Eff. December 1, 2012; October 1, 1993.
SECTION .0800 ‑ PREQUALIFICATION: ADVERTISING AND
BIDDING REGULATIONS
19A NCAC 02D .0801 PREQUALIFYING TO BID: REQUALIFICATION
(a) In order to ensure that contracts let pursuant to G.S.
136-28.1(a) are awarded to responsible bidders, prospective bidders and
contractors shall comply with the rules set forth in this Section except as
otherwise provided by law. For highway construction, maintenance and repair
contracts other than those specified in G.S. 136-28.1(a), specific project
prequalification requirements to satisfy Paragraph (c) of this Rule shall be
specified in the bid documents for specific project contracts.
(b) In order to be eligible to contract with the Department
pursuant to G.S. 136-28.1(a), all prospective bidders and subcontractors shall
be prequalified with the Department to ensure that they are responsible bidders
and reputable contractors capable of effectively and efficiently performing the
work awarded to them.
(c) The requirements of prequalification are as follows:
(1) Applicants shall demonstrate the necessary
experience, knowledge, and expertise to safely perform and timely complete
highway construction projects in which they bid or subcontract;
(2) Applicants shall demonstrate that they have
sufficient financial resources, including available equipment and qualified
personnel, to adequately perform and timely complete highway construction
projects in which they bid or subcontract;
(3) Applicants shall demonstrate that they have
the necessary knowledge and expertise to comply with all state and federal
environmental laws relating to highway construction, maintenance and repair
contracts; and
(4) Applicants shall certify they are
independent and not affiliated with other bidders of the same project.
(d) Bidders shall comply with all applicable laws
regulating the practice of general contracting as contained in G.S. 87.
(e) Prospective bidders and subcontractors shall update
their prequalification status annually and shall requalify every three years.
(f) A prequalified bidder or subcontractor must maintain
compliance with the rules in this section at all times in order to be eligible
to contract with the Department pursuant to G.S. 136.28.1(a). If at any time a
bidder or subcontractor fails to comply with these rules, the Department shall
disqualify the bidder or subcontractor from any further bidding until he is
able to demonstrate compliance with these requirements by requalifying.
History Note: Authority G.S. 136‑18(1); 136‑28.1;
136‑44.1; 136‑45; 143B‑350(f);
Eff. April 3, 1981;
Amended Eff. February 1, 2008; October 1, 1995; December
1, 1994; December 29, 1993; November 1, 1991.
19A NCAC 02D .0802 INVITATION TO BID
History Note: Authority G.S. 136‑18(1); 136‑28.1;
143B‑350(g);
Eff. April 3, 1981;
Amended Eff. December 1, 1993;
Repealed Eff. February 1, 2008.
19A NCAC 02D .0803 ADVERTISEMENT AND INVITATIONS FOR BIDS
(a) All projects shall be advertised in daily newspapers
throughout the state prior to the bid opening.
(b) On the date of advertisement, an invitation to bid
shall be made available to interested parties on the Department's web site.
(c) The invitation to bid shall indicate the contract
identification number and description of the projects to be let, a general
summary of the items and approximate quantities of work to be performed, and the
time and place for the public opening and reading of the bids received. Information
concerning the cost and the availability of bid documents shall also be
provided in the invitation to bid.
(d) Prospective bidders who desire to bid on projects identified
in the invitation to bid shall purchase the project specific bid documents from
the Department containing information necessary to submit the bid. Other
interested parties may also purchase project specific bid documents from the
Department. Documents may be purchased at cost from the Department.
History Note: Authority G.S. 136‑28.1; 143‑129;
Eff. April 3, 1981;
Amended Eff. February 1, 2008; December 1, 1993; November
1, 1991.
19A NCAC 02D .0804 CONTENTS OF PROPOSAL FORMS
History Note: Authority G.S. 136‑18(1); 136‑28.1;
Eff. April 3, 1981;
Repealed Eff. February 1, 2008.
19A NCAC 02D .0805 COMBINATION BIDS
The Department may issue proposals for projects in
combination or separately, so that bids may be submitted either on the
combination or on separate units of the combination. The Department shall make
awards on combination bids or separate bids to the best advantage of the
Department. No combination bids, other than those specified by the Department
in the proposals, shall be considered.
History Note: Authority G.S. 136‑18(1); 136‑28.1;
Eff. April 3, 1981;
Amended Eff. February 1, 2008.
19A NCAC 02D .0806 INTERPRETATION OF QUANTITIES IN PROPOSAL
FORM
(a) The quantities appearing in the proposal are
approximate only and shall be used for the comparison of bids. Payment to the
contractor shall be made only for the actual quantities of the various items
that are completed and accepted in accordance with the terms of the contract.
(b) When quantities are shown for items to be bid on a lump
sum basis, these quantities are furnished for the convenience of bidders, and
the Department shall not be responsible for, nor guarantee as correct, any
quantity given.
History Note: Authority G.S. 136‑18(1); 136‑28.1;
Eff. April 3, 1981;
Amended Eff. February 1, 2008.
19A NCAC 02D .0807 EXAMINATION OF PLANS: SPECS: CONTRACT:
AND SITE OF WORK
A bidder shall examine the site of the work contemplated,
the plans and specifications, and the proposal therefor. A bidder or
contractor shall make such independent investigation and examination as he
deems necessary to satisfy himself as to conditions to be encountered in the
performance of the work and with respect to possible local material sources,
the quality and quantity of material available from such property, and the type
and extent of processing that may be required in order to produce material
conforming to the requirements of the contract. Upon submission of the bid,
the Department shall deem that the bidder has completed the requirements set
out in the bid documents as to the conditions to be encountered, the character,
quality, and scope of work to be performed, the quantities of materials to be
furnished and as to the conditions and requirements of the proposal and plans
under which his bid is offered.
History Note: Authority G.S. 136‑18(1); 136‑28.1;
Eff. April 3, 1981;
Temporary Amendment Eff. March 15, 1982, for a period of
47 days to expire on May 1, 1982;
Amended Eff. February 1, 2008; October 1, 1993; March 1,
1984; May 1, 1982.
19A NCAC 02D .0808 PREPARATION AND SUBMISSION OF BIDS
19A NCAC 02D .0809 BID BOND OR BID DEPOSIT
History Note: Authority G.S. 136‑18(1); 136‑28.1;
143‑129;
Eff. April 3, 1981;
Amended Eff. October 1, 1993; November 1, 1991, July 1,
1982;
Repealed Eff. February 1, 2008.
19A NCAC 02D .0810 DELIVERY OF BIDS
(a) All bidders shall submit bids in accordance with the
bid documents to the Department.
(b) Any bid not delivered within the time or manner
specified in the bid documents shall not be accepted and shall be returned to
the bidder unopened or, in the case of electronic bids, not read publicly.
History Note: Authority G.S. 136‑18(1); 136‑28.1;
Eff. April 3, 1981;
Temporary Amendment Eff. March 15, 1982, for a period of
47 days to expire on May 1, 1982;
Amended Eff. February 1, 2008; November 1, 1991; July 1,
1982; May 1, 1982.
19A NCAC 02D .0811 WITHDRAWAL OR REVISION OF BIDS
History Note: Authority G.S. 136‑18(1); 136‑28.1;
143‑29.1;
Eff. April 3, 1981;
Amended Eff. October 1, 1993; November 1, 1991;
Repealed Eff. February 1, 2008.
19A NCAC 02D .0812 RECEIPT AND OPENING OF BIDS
(a) The Department shall open and read bids publicly at the
time and place indicated in the invitation to bid. Bidders, their authorized
agents, and other interested parties may be present.
(b) Bid evaluation, including bid rejection, waiver of
irregularities, or award shall be conducted in accordance with the terms of the
bid documents.
(c) Bid revisions by the Department or bid withdrawal by
the bidder shall be made in accordance with the terms of the bid documents.
History Note: Authority G.S. 136‑18(1); 136‑28.1;
Eff. April 3, 1981;
Amended Eff. February 1, 2008; July 1, 1982.
19A NCAC 02D .0813 WITHDRAW OF BIDS ‑ MISTAKE
19A NCAC 02D .0814 CORRECTION OF BID ERRORS
History Note: Authority G.S. 136‑18(1); 143B‑350(f);
Eff. May 1, 1984;
Amended Eff.; October 1, 1993; November 1, 1991;
Repealed Eff. February 1, 2008.
19A NCAC 02D .0815 REJECTION OF BIDS
19A NCAC 02D .0816 DISQUALIFICATION OF BIDDERS
19A NCAC 02D .0817 CONSIDERATION OF BIDS
History Note: Authority G.S. 136‑18(1); 136‑28.1;
143B‑350(f);
Eff. April 3, 1981;
Recodified from 19A NCAC 02D .0813 (Rule .0815);
Recodified from 19A NCAC 02D .0814 (Rule .0816);
Recodified from 19A NCAC 02D .0815 (Rule .0817);
Amended Eff. April 1, 1999; December 1, 1994; October 1,
1993; November 1, 1991; May 1, 1984; March 1, 1984;
Repealed Eff. February 1, 2008.
19A NCAC 02D .0818 NON-CoLLUSION AFFIDAVIT AND
CERTIFICATIONS
(a) Every bidder and subcontractor shall furnish to the
Department non-collusion affidavits certifying that the bidder has not entered
into any agreement, participated in any collusion, or otherwise taken any
action in restraint of free competitive bidding in connection with his bid on
the project. The affidavit shall also indicate that the bidder intends to do
the work with its own employees or subcontractors and is not bidding for the benefit
of another contractor.
(b) The prospective bidder and
subcontractors shall also furnish executed debarment certification forms to
the Department. In the event the prospective bidder or subcontractor cannot
certify that he is not disbarred, the prospective bidder or subcontractor shall
provide a written explanation, which the Department shall review and evaluate
to determine if the bidder or subcontractor is still prequalified for bidding,
contracting or subcontracting on Department projects.
History Note: Authority G.S. 136‑18(1); 136‑28.1;
143‑54;
Eff. April 3, 1981;
Recodified from 19A NCAC 2D .0816;
Amended Eff. February 1, 2008; October 1, 1993; November
1, 1991; October 1, 1991; July 1, 1982.
19A NCAC 02D .0819 AWARD OF CONTRACT
History Note: Authority G.S. 136‑18(1); 136‑28.1;
Eff. April 3, 1981;
Recodified from 19A NCAC 2D .0817;
Amended Eff. October 1, 1993; November 1, 1991;
Repealed Eff. February 1, 2008.
19A NCAC 02D .0820 CANCELLATION OF AWARD
The Board of Transportation may rescind the
award of any contract at any time before the receipt of the properly executed
contract bonds from the successful bidder.
History Note: Authority G.S. 136‑18(1); 136‑28.1;
143B‑350(f);
Eff. April 3, 1981;
Recodified from 19A NCAC 2D .0818;
Amended Eff. October 1, 1993; November 1, 1991.
19A NCAC 02D .0821 RETURN OF BID BOND OR BID DEPOSIT
19A NCAC 02D .0822 CONTRACT BONDS
19A NCAC 02D .0823 EXECUTION OF CONTRACT
19A NCAC 02D .0824 FAILURE TO FURNISH CONTRACT BONDS
History Note: Authority G.S. 44A‑33; 136‑18(1);
136‑28.1;
Eff. April 3, 1981;
Recodified from 19A NCAC 2D .0819 (Rule .0821);
Recodified from 19A NCAC 2D .0820 (Rule .0822);
Recodified from 19A NCAC 2D .0821 (Rule .0823);
Recodified from 19A NCAC 2D .0822 (Rule .0824);
Amended Eff. December 1, 1993; December 1, 1992; November
1, 1991;
Repealed Eff. February 1, 2008.
19A NCAC 02D .0825 CONFIDENTIALITY OF COST ESTIMATES
All cost estimates prepared by the Department for the
purpose of comparing bids shall be confidential and not disclosed until after
the opening of bids.
History Note: Authority G.S. 133‑33;
Eff. September 1, 1981;
Amended Eff. May 1, 1983;
Recodified from 19A NCAC 2D .0823;
Amended Eff. February 1, 2008; February 1, 1995; October
1, 1993; October 1, 1991.
19A NCAC 02D .0826 AWARD LIMITS ON MULTIPLE PROJECTS
History Note: Authority G.S. 136‑18(1);
Eff. July 1, 1983;
Recodified from 19A NCAC 2D .0824;
Repealed Eff. November 1, 1991.
19A NCAC 02D .0827 SUBSURFACE INFORMATION
(a) If a subsurface investigation report is available on a
project, a copy may be obtained from the Department by the prospective bidders
upon request.
(b) The subsurface investigation is made for the purpose of
study, planning, and design, and not for construction or pay purposes. The
various field boring logs, rock cores, and soil test data available may be
reviewed or inspected in Raleigh at the office of the Geotechnical Unit.
Neither the subsurface investigation report nor the field boring logs, rock
cores, or soil test data shall be part of the contract.
(c) General soil and rock strata description and indicated
boundaries are based on geotechnical interpretation of all available subsurface
data and may not necessarily reflect the actual subsurface conditions between
borings or between sample strata within the borehole. The laboratory sample and
the in situ (in‑place) test data can be relied on only to the degree of
reliability inherent in the test. The observed water levels or soil moisture
conditions indicated in the subsurface investigation are as recorded at the
time of the investigation. These water levels or soil moisture conditions may
vary considerably with time according to climatic conditions including
temperature, precipitation and wind, as well as other nonclimatic factors.
(d) Details shown on the subsurface investigation reports
are preliminary only; the final design details may be different. For bidding
and construction purposes, the contract contains the documents for final design
information on this project. The Department shall not warrant or guarantee the
sufficiency or accuracy of the investigation made, nor the interpretations made
or opinions of the Department as to the type of materials and conditions that
may be encountered. The bidder or subcontractor shall make such independent
subsurface investigations as he deems necessary to satisfy himself as to
conditions to be encountered on this project. The contractor shall have no
claim for additional compensation or for an extension of time for any reason
resulting from the actual conditions encountered at the site differing from
those indicated in the subsurface information.
History Note: Authority G.S. 136‑18(1); 143B‑350(f)(3);
Eff. March 1, 1984;
Amended Eff. April 1, 1984;
Recodified from 19A NCAC 2D .0825;
Amended Eff. February 1, 2008; October 1, 1993.
19A NCAC 02D .0828 COMPUTER BID PREPARATION
History Note: Authority G.S. 136‑18(1); 136‑28.1;
Eff. November 1, 1991;
Amended Eff. October 1, 1993;
Repealed Eff. February 1, 2008.
19A NCAC 02D .0829 CONTRACT OFFICER
History Note: Authority G.S. 136‑18(1); 136‑28.1;
Eff. November 1, 1991;
Repealed Eff. October 1, 1993.
19A NCAC 02D .0830 DEFINITIONS
This Section establishes the Department's rules for letting
of contracts pursuant to G.S. 136-28.1(a). For purposes of this Section, the
following definitions shall apply:
(1) "Bid" means the offer of a bidder on the proposal
furnished by the Department to perform work and furnish labor and materials at
the prices quoted.
(2) "Bidder" means an individual,
partnership, firm, corporation, or joint venture formally submitting a bid for
the work contemplated.
(3) "Bid documents" means the package of
materials, in paper or electronic form, containing all project specific
contract information including the plans and proposals furnished by the
Department.
(4) "Contract" means the executed agreement
between the Department of Transportation and the successful bidder, covering
the performance of the work and the compensation for work.
(5) "Department" means the North Carolina
Department of Transportation.
(6) "Debarment certification form" means a
certification form provided by the Department for execution by the prospective
bidder or subcontractor certifying that he is not, nor has been, debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from certain transactions and has not been charged, indicted or convicted of
debarment related activities and shall otherwise assume debarment certification
responsibilities as part of any contract with the Department.
(7) "Invitation to bid" means the
notification that bids will be received for the construction of specific
projects.
History Note: Authority G.S. 136‑28.1;
Eff. October 1, 1993;
Amended Eff. February 1, 2008.
SECTION .0900 ‑ REGULATIONS FOR INFORMAL CONSTRUCTION
AND REPAIR CONTRACTS
19A NCAC 02D .0901 DELEGATION TO SECRETARY
History Note: Authority G.S. 136‑18(1); 136‑28.1;
136‑44.1; 136‑45; 143‑350(f);
Eff. February 1, 1987;
Repealed Eff. December 1, 1993.
19A NCAC 02D .0902 CONTRACT REQUIREMENTS
History Note: Authority G.S. 136‑18(1); 136‑28.1;
136‑44.1; 136‑45; 143‑350(f);
Eff. February 1, 1987;
Repealed Eff. November 1, 1991.
SECTION .1000 ‑ ADOPT‑A‑HIGHWAY PROGRAM
19A NCAC 02D .1001 PURPOSE
The North Carolina Department of Transportation's Adopt‑A‑Highway
Program exists to support the Department's litter abatement efforts.
History Note: Authority G.S. 143B-350;
Eff. November 1, 1991.
19A NCAC 02D .1002 DEFINITIONS
For purposes of rules in this Section, the following
definitions shall apply.
(1) "Adoption" shall mean the agreement by an
individual or group to pick up litter and trash from a specific section of
highway right‑of‑way.
(2) "Adopt‑A‑Highway Program"
shall mean the public participation program of the Department designed to
assist in the control and reduction of litter on state‑maintained highway
right‑of‑way.
(3) "Adopted Section" shall mean the portion,
generally two miles in length, of state‑maintained highway right‑of‑way
approved for adoption by volunteers.
(4) "Authorized Representative" shall mean,
in the case of an adoption by a group, the group members acting on behalf of
the group for the purpose of adopting a section of highway.
(5) "Department" shall mean the North
Carolina Department of Transportation.
(6) "Program" shall mean the Adopt‑A‑Highway
Program of the North Carolina Department of Transportation.
(7) "Program Director" shall mean the
Director of Beautification Programs of the North Carolina Department of
Transportation who has oversight responsibility for the Program.
(8) "Program Participants" shall mean the
individuals or groups who have adopted sections of highways. Civic and non‑profit
organizations, and commercial and private enterprises may be selected as groups
for the purpose of adopting a section of highway.
History Note: Authority G.S. 143B-350;
Eff. November 1, 1991;
Amended Eff. November 1, 1993.
19A NCAC 02D .1003 PARTICIPATION IN THE PROGRAM
(a) The adoption of a section of highway is a privilege in
consideration for public service that may be granted by the Department to
individuals or groups who would assist the Adopt‑A‑Highway Program
in achieving its purpose.
(b) Only individuals or groups determined by the Department
to exhibit in good faith the willingness and the capacity to perform the
responsibilities of the Program will be allowed to adopt a highway. The
Department may refuse to grant a request to adopt a section of highway if, in
its opinion, granting the request would jeopardize the Program, be
counterproductive to its purpose as set out in Rule 02D.1001 of this Section,
or create a hazard to the safety of Department employees or the public.
Highway safety is a principal concern in all decisions related to the Program.
Program participants shall not be discriminated against on the basis of
religion, race, national origin, sex or handicap (except where the handicap
would affect the individual's safe participation in the Program) with respect
to their participation in the Program.
(c) The Division Engineer or his designee shall approve
applications of individuals or groups applying to participate in the Program.
A list of the newly approved participants, by division, shall be submitted to
the Program Director for review on the first of each month. The approval of
the Division Engineer is final unless the applications are disapproved by the
Program Director by the first day of the next calendar month. If the Division
Engineer has any uncertainty regarding the qualifications of the individual or
group applying to the Program, the Division Engineer shall submit the
application and all accompanying documents to the Program Director for final
action.
(d) Agreements of adoption shall be for a period of four
years.
(e) Each person participating in the Program shall execute
a written release of the Department, its officials, employees and agents from
any liability arising out of his or her participation in the Program. In the
case of a minor, such release shall be executed by a parent or guardian.
(f) Program participants may put recyclable plastic, cans,
and glass in blue bags which are furnished by the department and may keep the
proceeds received for the recycled materials.
History Note: Authority G.S. 136-140.1; 143B-350;
Eff. November 1, 1991;
Amended Eff. August 1, 2002; November 1, 1993.
19A NCAC 02D .1004 AGREEMENT
Any individual or group desiring to participate in the Adopt‑A‑Highway
Program shall submit an agreement to the Division Engineer of the Division in
which the section of highway proposed for adoption is located. The agreement
shall be in the form prescribed by the Department and shall contain at a
minimum the following information:
(1) The highway section to be adopted, as nearly as it
can be described;
(2) The dates of the requested adoption;
(3) The approximate number of people in the group who
will be participating in each cleanup;
(4) The name, telephone number, and complete street
address of the authorized representative for the group and of all members of
the group who will actually participate in the Program;
(5) An acknowledgement by the individual or group of
the hazardous nature of the work involved by participating in the Program;
(6) An acknowledgement that the members of the group
agree jointly to be bound by and comply with the terms and conditions set forth
in the agreement; and
(7) The signatures of the Division Engineer, or his
designee, and the Authorized Representative of the Program Participant.
History Note: Authority G.S. 143B-350;
Eff. November 1, 1991;
Amended Eff. November 1, 1993.
19A NCAC 02D .1005 RESPONSIBILITIES OF PROGRAM PARTICIPANTS
AND DEPARTMENT
(a) Any individual or group participating in the Adopt‑A‑Highway
Program shall be subject to the following requirements and responsibilities:
(1) Appointing or selecting an authorized
representative to act on behalf of the group;
(2) Ensuring that each person participating in
the program attend a safety meeting and sign a statement acknowledging that
they have attended the safety meeting and viewed the Department's safety video
before participating in the cleanup of the adopted section;
(3) Obeying and abiding by the rules adopted by
the Department;
(4) Picking up litter a minimum of four times a
year, and as often as necessary to maintain a clean right‑of‑way;
(5) Ensuring that each individual participant
of the group wears a Department approved safety vest or shirt during the
pickup;
(6) Ensuring that each individual participant
of the group wear clothing that will not impair vision or movement during the
pickup;
(7) Ensuring that attire that might divert the
attention of motorists is not worn during clean up activities;
(8) Furnishing adequate supervision by one or
more adults 21 years of age or older for groups which have participants 12 ‑
17 years of age;
(9) Ensuring that no one under the age of 12 is
allowed to participate in the clean up activities;
(10) Prohibiting participants from either
possessing or consuming alcoholic beverages or other drugs during clean up
activities;
(11) Ensuring that no signs, posters, or other
display material that might distract motorists are brought to the adopted
section by group members during or between clean ups;
(12) Filing after actions reports as prescribed
by the Department; and
(13) Ensuring that all provisions of the
agreement are fully performed.
(b) The Department's participation in the Program will
include the following:
(1) Working with the group to determine the
specific section of state right‑of‑way to be adopted;
(2) Providing safety vests, trash bags and
safety information;
(3) Erecting two signs, one at each end of the
adopted section, with the group's name or acronym displayed. The size, shape
and graphic design of the sign shall be in accordance with the Adopt‑A‑Highway
sign policy as approved by the Secretary of Transportation. In the case of
theft, vandalism or destruction of a highway sign, the Department shall provide
one free replacement of the sign. Thereafter, any replacement sign shall be
paid for by the Program Participant;
(4) Removing filled trash bags;
(5) Removing litter from the adopted section
under unusual circumstances, i.e., removing large, heavy or hazardous items;
(6) Monitoring to ensure the objectives of
litter abatement are being met; and
(7) Monitoring to evaluate the overall
operation of the Program and to gauge its effectiveness.
History Note: Authority G.S. 143B-350;
Eff. November 1, 1991;
Amended Eff. November 1, 1993.
19A NCAC 02D .1006 GENERAL LIMITING CONDITIONS
(a) The Department shall determine which highways are
eligible for adoption.
(b) The Department shall determine the designation of the
section of right‑of‑way to be adopted. The Department will
consider community sentiment in determining the designation of the section of
right‑of‑way to be adopted.
(c) State roads in residential neighborhoods will not
normally be available for adoption. Exceptions include roads adopted by the
neighborhood residents. Underlying fee owners' objections to a specific
adoption shall be considered.
(d) If any of the Program's actions are determined to be
contrary to any statutory restrictions, or any restrictions on the use of
appropriated funds for political activities, the Department may take any
necessary remedial action, including, but not limited to, the removal of the
erected signs displaying the Program Participant's name or acronym or the
termination of the adoption agreement.
(e) Names, titles or words placed on Adopt‑A‑Highway
signs shall be approved by the North Carolina Department of Transportation.
History Note: Authority G.S. 143B-350;
Eff. November 1, 1991;
Amended Eff. November 1, 1993.
19A NCAC 02D .1007 MODIFICATION/RENEWAL/TERMINATION OF THE
AGREEMENT
(a) The Adopt‑A‑Highway agreement may be
modified in scope or altered in any other manner at the discretion of the
Department.
(b) Program participants shall have the option of renewing
the agreement, subject to the approval of the Department and the continuation
of the Program by the Department. Information concerning Program participants
is to be updated at the time of renewal.
(c) The Department may terminate the agreement or remove
the Adopt‑A‑Highway signs bearing the Program participant's name or
acronym if it finds and determines that the participant is not meeting the
terms and considerations of the agreement, that the participant is acting
contrary to the rules of the Program, that the adoption is proving to be
counter productive to the Program's purpose, that undesirable results such as
increased litter, vandalism or sign theft, are resulting from the adoption,
that Program participants have engaged in irresponsible conduct at the adopted
section which would bring discredit upon the State, or that other good cause
exists to terminate the agreement or remove the Adopt‑A‑Highway
sign.
History Note: Authority G.S. 143B-350;
Eff. November 1, 1991;
Amended Eff. November 1, 1993.
19A NCAC 02D .1008 TERMINATION OF THE PROGRAM
History Note: Authority G.S. 136‑18(10);
Eff. November 1, 1991;
Repealed Eff. November 1, 1993.
SECTION .1100 - DISADVANTAGED BUSINESS ENTERPRISE, MINORITY
BUSINESS ENTERPRISE AND WOMEN BUSINESS ENTERPRISE PROGRAMS FOR HIGHWAY AND
BRIDGE CONSTRUCTION CONTRACTS
19A NCAC 02D .1101 PURPOSE AND SCOPE
(a) The North Carolina Department of Transportation shall
ensure that Disadvantaged Business Enterprises (DBE) have opportunity to
participate in the performance of contracts financed in whole or in part with
Federal funds.
(b) The North Carolina Department of Transportation shall
ensure that Minority Business Enterprises (MBE) and Women Business Enterprises
(WBE) have opportunity to participate in the performance of contracts financed
with non-Federal funds.
(c) Contracts financed with federal funds shall comply with
49 CFR 23 and 26. Contracts financed with non-federal funds shall comply with
G.S. 136-28.4 and 49 CFR 23 and 26.
(d) 49 CFR 23 and 26 are incorporated by reference,
including all subsequent amendments and editions.
(e) Information referenced in this Section may be viewed or
obtained from the following sources:
(1) 49 CFR 23 and 26 is available at website http://www.gpoaccess.gov/cfr/index.html or may be purchased at a
cost of twenty three dollars ($23.00) from the U.S. Government Printing Office,
Superintendent of Documents, Mail Stop SSOP, Washington, DC 20402-9238,
telephone number 202-512-1800.
(2) DBE written appeals: U.S. Department of
Transportation, Office of Civil Rights, 400 7th Street, SW, Room 5414, Washington, DC 20590.
(3) The Department's State Contractor
Utilization Engineer, 1509 Mail Service Center, Raleigh, NC 27699-1509, telephone number 919-733-7174.
(4) Disadvantaged/Minority/Women Business
Enterprise Directory:
http://apps.dot.state.nc.us/vendor/directory/.
(5) Unified Certification Application: http://www.ncdot.org
or may be obtained at no cost from the State
Contractor Management Engineer, Telephone number, (919) 733-7174.
History Note: Authority G.S. 136-28.4; 143B-348;
Eff. April 30, 1997;
Amended Eff. February 1, 2008.
19A NCAC 02D .1102 DEFINITIONS
For Purposes of the rules in this Section, the following
terms shall apply:
(1) Disadvantaged Business Enterprise shall have the
same meaning as shown in 49 CFR 26 Subpart A.
(2) Minority shall be defined in accordance with G.S.
136-28.4.
(3) Women shall be defined in accordance with G.S.
136-28.4.
(4) Disadvantaged Minority-owned Business/Business
Enterprise shall have the same meaning as a Disadvantaged Business Enterprise
as shown in 49 CFR 26 Subpart A.
(5) Disadvantaged Women-owned Business/Business
Enterprise shall have the same meaning as a Disadvantaged Business Enterprise
as shown in 49 CFR 26 Subpart A.
(6) The Department's Unified Certification Program
(UCP) shall have the same meaning as shown in 49 CFR 26 Subpart E.
History Note: Authority G.S. 143B-348;
Eff. April 30, 1997;
Amended Eff. February 1, 2008.
19A NCAC 02D .1103 CERTIFICATION OF FIRMS
(a) The Department's Unified Certification Program shall be
responsible for the certification of all Disadvantaged Business Enterprise,
Minority Business Enterprise, and Women Business Enterprise program participants.
(b) Any Disadvantaged Business Enterprise, Minority
Business Enterprise, or Women Business Enterprise firms wishing to participate
in the goals programs of the Department shall be certified by the Department.
(c) The Department shall conduct a certification review
after it receives a completed Unified Certification Application and required
supporting documentation. The certification review shall be conducted in
accordance with the 49 CFR 23 and 26.
(d) Eligibility shall be in accordance with the 49 CFR 26
Subparts D and E.
History Note: Authority G.S. 136-28.4; 143B-348;
Eff. April 30, 1997;
Amended Eff. February 1, 2008.
19A NCAC 02D .1104 RENEWAL OF CERTIFICATION
(a) Each firm certified as a Disadvantaged Business
Enterprise, Minority Business Enterprise, or Women Business Enterprise shall
review its certification annually. The annual review shall be conducted in accordance
with the 49 CFR 26.
(b) Each firm certified as a Disadvantaged Business
Enterprise, Minority Business Enterprise, or Women Business Enterprise shall be
recertified every three years in accordance with the 49 CFR 26.
History Note: Authority G.S. 143B-348;
Eff. April 30, 1997;
Amended Eff. February 1, 2008.
19A NCAC 02D .1105 CHANGE IN OWNERSHIP OR CONTROL
Any time a firm certified with the Department has a change
of ownership, control, business size, type of work, or other factors that
affect the firm's eligibility as set out in 49 CFR 26 Subparts D and E as a
Disadvantaged Business Enterprise, Minority Business Enterprise, or Women
Business Enterprise, the firm shall inform the Department in writing within 30
days of the change.
History Note: Authority G.S. 143B-348;
Eff. April 30, 1997;
Amended Eff. February 1, 2008.
19A NCAC 02D .1106 DECERTIFICATION
If the Department finds a firm in non-compliance with the
standards of eligibility, that firm shall be decertified in accordance with 49
CFR 23 and 26.
History Note: Authority G.S. 143B-348;
Eff. April 30, 1997;
Amended Eff. February 1, 2008.
19A NCAC 02D .1107 APPEALS OF DENIAL OF CERTIFICATION
(a) Any Minority Business Enterprise firm or Women Business
Enterprise firm denied certification or decertified may file an appeal of that
action to the Department's State Contractor Management Engineer as follows:
(1) The appeal shall be received by the Department
within 30 calendar days of the notice of denial. Upon receipt of the appeal,
the State Contractor Management Engineer shall schedule a hearing for the firm
with the Department's Disadvantaged Business Enterprise, Minority Business
Enterprise, Women Business Enterprise Appeals Committee.
(2) If the denial of certification or
decertification is upheld by the Department's appeals committee, the Minority
Business Enterprise firm or Women Business Enterprise firm may file a written
appeal to the Secretary of Transportation within 30 days of the committee's
decision.
(3) If the denial of certification is upheld by
the Secretary of Transportation, the decision shall be final.
(b) Any Disadvantaged Business Enterprise firm denied
certification or decertified may file an appeal of that action as follows:
(1) The Disadvantaged Business Enterprise firm
may file an appeal to the Department's State Contractor Management Engineer.
The appeal shall be received by the Department within 30 calendar days of the
notice of denial. Upon receipt of the appeal, the State Contractor Management
Engineer shall schedule a hearing for the firm with the Department's appeals
committee.
(2) The Disadvantaged Business Enterprise firm
may file a written appeal within 90 days of notice of appeal directly to the
U.S. Department of Transportation, Office of Civil Rights in accordance with
the 49 CFR 26.
(3) The appeals may be filed simultaneously.
History Note: Authority G.S. 143B-348;
Eff. April 30, 1997;
Amended Eff. February 1, 2008.
19A NCAC 02D .1108 GOALS
(a) The Department shall perform an analysis to determine
the availability of ready, willing and able Disadvantaged Business Enterprise,
Minority Business Enterprise, and Women Business Enterprise firms relative to
all businesses ready, willing and able to participate in Department projects.
Goals for disadvantaged business enterprises, minority business enterprises,
and women business enterprises shall be established in accordance with 49 CFR
26 and G.S. 136-28.4(b1). The goal or goals shall be prescribed in the project
proposal as a percent of the bidder's construction bid price.
(b) The Contractor shall exercise all necessary and
reasonable steps to ensure that eligible firms participate in at least the
percentage of the contract as required by the project proposal.
History Note: Authority G.S. 136-28.4; 143B-348;
Eff. April 30, 1997;
Amended Eff. February 1, 2008.
19A NCAC 02D .1109 COUNTING PARTICIPATION TOWARD MEETING
THE GOAL
Participation of Disadvantaged Business Enterprise, Minority
Business Enterprise, and Women Business Enterprise firms for federally funded
and non-federally funded projects shall be counted in accordance with 49 CFR 26
Subpart C and G.S. 136-28.4.
History Note: Authority G.S. 136-28.4; 143B-348;
Eff. April 30, 1997;
Amended Eff. February 1, 2008.
19A NCAC 02D .1110 NON-ATTAINMENT OF GOALS
A contractor who does not meet the goals established shall
be considered in non-attainment and shall comply with good faith requirements
set forth in 49 CFR 26 Subpart C and G.S. 136-28.4.
History Note: Authority G.S. 136-28.4; 143B-348;
Eff. April 30, 1997;
Amended Eff. February 1, 2008.
19A NCAC 02D .1111 PERFORMANCE RELATED REPLACEMENT OF
ELIGIBLE FIRMS
(a) Certified firms who are utilized to meet the goal(s)
established and who are not performing their contractual obligation may be
replaced.
(b) Performance related replacement of eligible firms for
federally funded projects and non-federally funded projects shall meet the
requirements of 49 CFR 26 Subpart C.
History Note: Authority G.S. 136-28.4; 143B-348;
Eff. April 30, 1997;
Amended Eff. February 1, 2008.
19A NCAC 02D .1112 REPLACEMENT OF A FIRM REMOVED BY
DECERTIFICATION
(a) Certified firms who are utilized to meet the goals(s)
established and become decertified may be replaced.
(b) Replacement of a firm removed by decertification for
federally funded projects and non-federally funded projects shall meet the
requirements of 49 CFR 26 Subpart E.
History Note: Authority G.S. 136-28.4; 143B-348;
Eff. April 30, 1997;
Amended Eff. February 1, 2008.
