Indiana Code 9-20-6-2.2. Overweight divisible loads permitted under certain circumstances; procedures; requirements; reports
(b) As used in this section, “equivalent single axle load” means the known quantifiable and standardized amount of damage to highway pavement structures equivalent to one (1) pass of a single eighteen thousand (18,000) pound dual tire axle, with all four (4) tires on the axle inflated to one hundred ten (110) pounds per square inch.
Terms Used In Indiana Code 9-20-6-2.2
- Highway: includes county bridges and state and county roads, unless otherwise expressly provided. See Indiana Code 1-1-4-5
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(d) Subject to subsection (e), the Indiana department of transportation may, upon proper application in writing, grant a permit for transporting overweight vehicles and overweight divisible loads carrying resources on a highway in the state highway system, including state maintained routes through cities and towns.
(e) A permit granted under this section may be used only on designated highways within the state highway system, avoiding highways under a local authority’s jurisdiction.
(f) A permit issued under this section may designate the route to be traversed and may contain any other restrictions or conditions required for the safe movement of the vehicle. If the department designates a route, a deviation from that route constitutes a violation subject to a civil penalty under IC 9-20-18-14.5.
(g) A permit issued under this section is limited to a gross vehicle weight of more than eighty thousand (80,000) pounds, but not more than one hundred twenty thousand (120,000) pounds.
(h) Not later than October 1, 2021, the Indiana department of transportation shall recalculate and apply permit fees for annual and trip permits granted under this section based on the Joint Transportation Research Program publication No. FHWA/IN/JTRP-2014/14. The Indiana department of transportation shall consider the impact of overweight divisible loads on roads and highways in recalculating permit fees under this subsection.
(i) Except as provided in subsection (k), the Indiana department of transportation may not issue more than eight thousand five hundred (8,500) single trip permits annually for applicants with a total equivalent single axle load calculation of more than 2.40 equivalent single axle load credit.
(j) A trip permit limit set under subsection (i) and a permit weight limit set under subsection (g) do not include overweight divisible load permits obtained by shippers and carriers that obtained permits before January 1, 2021.
(k) The Indiana department of transportation may temporarily increase the number of permits issued under subsection (i) by order of the commissioner in response to an emergency or changes in market conditions as defined by rules adopted under subsection (m).
(l) The Indiana department of transportation may limit the number of permits issued under subsection (i) to an individual applicant.
(m) The Indiana department of transportation shall adopt rules under IC 4-22-2, including emergency rules in the manner provided under IC 4-22-2-37.1, for the issuance, administration, fee structure, calculation of equivalent single axle load values, and enforcement of a permit under this section due to lack of transportation options for certain resources, supply chain interruptions, or supply dock backlogs.
(n) The Indiana department of transportation may suspend overweight divisible load permitting if the department observes an unusual increase in:
(1) infrastructure damage on a permitted route; or
(2) the number of accidents associated with overweight divisible loads.
(o) Not later than July 1, 2023, the Indiana department of transportation shall submit a report to the legislative council and to the interim study committee on roads and transportation established by IC 2-5-1.3-4 in an electronic format under IC 5-14-6 regarding:
(1) the fee structure and recommended changes to the fee structure for permits issued under this section; and
(2) the impact of overweight divisible loads on roads and highways.
(p) Beginning July 1, 2022, the Indiana department of transportation shall, before July 1 of each year, submit a report to the legislative council and to the interim study committee on roads and transportation established by IC 2-5-1.3-4 in an electronic format under IC 5-14-6 regarding the market fluctuation in the number of overweight divisible load permits issued during the previous year.
(q) Beginning July 1, 2022, the Indiana state police department shall, before July 1 of each year, submit a report to the legislative council and to the interim study committee on roads and transportation established by IC 2-5-1.3-4 in an electronic format under IC 5-14-6 regarding the number of accidents involving applicants permitted for overweight divisible loads. The report must include at least the following:
(1) The number of accidents that resulted in property damage.
(2) The number of accidents that resulted in personal injury.
As added by P.L.179-2021, SEC.3.