Section .0100 ‑ Standards For Design And Construction

Link to law: http://reports.oah.state.nc.us/ncac/title 19a - transportation/chapter 02 - division of highways/subchapter d/subchapter d rules.html
Published: 2015

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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Repealed Eff.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Repealed Eff.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.