                                 CODE OF VIRGINIA

PERMITS FOR EXCESSIVE SIZE AND WEIGHT GENERALLY; PENALTY (§ 46.2-1139)

A. The Commissioner and, unless otherwise indicated in this article, local
authorities of cities and towns, in their respective jurisdictions, may, upon
written application and good cause being shown, and pursuant to the requirements
of subsection A1, issue a permit authorizing the applicant to operate on a
highway a vehicle of a size or weight exceeding the maximum specified in this
title. Any such permit may designate the route to be traversed and contain any
other restrictions or conditions deemed necessary by the body granting the
permit.

A1. Any city or town, as authorized under subsection A, or any county that has
withdrawn its roads from the secondary system of state highways that opts to
issue permits under this article shall enter into a memorandum of understanding
with the Commissioner that:

   1. Allows the Commissioner to issue permits on behalf of that locality; and

   2. Provides that the locality shall satisfy the following requirements prior
   to issuing such permits:
   				a. The locality shall have applications for each permit type available
   online.
   				b. The locality shall have designated telephone and fax lines to address
   permit requests and inquiries.
   				c. The locality shall have at least one staff member whose primary
   function is to issue permits.
   				d. The locality shall have one or more engineers on staff or contracted to
   perform bridge inspections and provide analysis for overweight vehicles.
   				e. The locality shall maintain maps indicating up-to-date vertical and
   horizontal clearance locations and limitations.
   				f. The locality shall provide to the Department an emergency contact phone
   number and assign a staff person who is authorized to issue the permit or
   authorized to make a decision regarding the permit request at all times (24
   hours a day, seven days a week).
   				g. The locality shall process a &#8220;standard permit&#8221; for a
   &#8220;standard vehicle&#8221; by the next business day after receiving the
   completed permit application. Each locality shall define &#8220;standard
   vehicle&#8221; and &#8220;standard permit&#8221; and provide the Department
   with those definitions. All other requests for permits shall be processed
   within 10 business days.
   				h. The locality shall retain for at least 36 months all permit data it
   collects.
   				i. The locality shall maintain an updated list of all maintenance and
   construction projects within that locality. The list shall provide starting
   and ending locations and dates for each project, and shall be updated as those
   dates change.
   				j. The locality shall maintain a list of restricted streets. This list
   shall indicate all times of travel restrictions, oversize restrictions, and
   weight restrictions for streets within the locality&#8217;s jurisdiction.
   				If the locality satisfies the requirements in the memorandum of
   understanding, the locality may issue permits under this article.

B. Except for permits issued under § 46.2-1141 and permits issued for
overweight vehicles transporting irreducible loads, no overweight permit issued
by the Commissioner or any local authority under any provision of this article
shall be valid for the operation of any vehicle on an interstate highway if the
vehicle has:

   1. A single axle weight in excess of 20,000 pounds; or

   2. A tandem axle weight in excess of 34,000 pounds; or

   3. A gross weight, based on axle spacing, greater than that permitted in
   &#xA7; 46.2-1127; or

   4. A gross weight, regardless of axle spacing, in excess of 80,000 pounds.

C. The Commissioner may issue permits to operate or tow one or more travel
trailers as defined in &#xA7; 46.2-1500 or motor homes when any of such vehicles
exceed the maximum width specified by law, provided the movement of the vehicle
is prior to its retail sale and it complies with the provisions of &#xA7;
46.2-1105. A copy of each such permit shall be carried in the vehicle for which
it is issued.

D. 1. Every permit issued under this article for the operation of oversize or
overweight vehicles shall be carried in the vehicle to which it refers and may
be inspected by any officer or size and weight compliance agent. Violation of
any term of any permit issued under this article shall constitute a Class 1
misdemeanor. Violation of terms and conditions of any permit issued under this
article shall not invalidate the weight allowed on such permit unless (i) the
permit vehicle is operating off the route listed on the permit, (ii) the vehicle
has fewer axles than required by the permit, (iii) the vehicle has less axle
spacing than required by the permit when measured longitudinally from the center
of the axle to center axle with any fraction of a foot rounded to the next
highest foot, or (iv) the vehicle is transporting multiple items not allowed by
the permit.

   2. Any multi-trip permit authorizing the applicant to operate on a highway a
   vehicle of a size or weight exceeding the maximum specified in this title may
   be transferred to another vehicle no more than two times in a 12-month period,
   provided that the vehicle to which the permit is transferred is subject to all
   the limitations set forth in the permit as originally issued. The applicant
   shall pay the Department an administrative fee of $10 for each transfer.

E. Any permit issued by the Commissioner or local authorities pursuant to state
law may be restricted so as to prevent travel on any federal-aid highway if the
continuation of travel on such highway would result in a loss of federal-aid
funds. Before any such permit is restricted by the Commissioner, or local
authority, written notice shall be given to the permittee.

F. When application is made for permits issued by the Commissioner as well as
local authorities, any fees imposed therefor by the Commissioner as well as all
affected local authorities may be paid by the applicant, at the
applicant&#8217;s option, to the Commissioner, who shall promptly transmit the
local portion of the total fee to the appropriate locality or localities.

G. Engineering analysis, performed by the Department of Transportation or local
authority, shall be conducted of a proposed routing before the Commissioner or
local authority issues any permit under this section when such analysis is
required to promote safety and preserve the capacity and structural integrity of
highways and bridges. The Commissioner or local authority shall not issue a
permit when the Department of Transportation or local authority determines that
the roadway and bridges to be traversed cannot sustain a vehicle&#8217;s size
and weight.

HISTORY: Code 1950, § 46-339; 1956, c. 476; 1958, c. 541, §§ 46.1-343,
46.1-343.2; 1959, Ex. Sess., c. 91; 1960, c. 223; 1962, cc. 35, 162; 1966, c.
502; 1968, c. 203; 1972, c. 521; 1974, cc. 145, 252, 556; 1975, c. 599; 1976, c.
744; 1977, c. 632; 1979, c. 263; 1980, c. 328; 1981, c. 187; 1982, c. 256; 1983,
cc. 170, 515; 1985, c. 7; 1987, cc. 321, 406, 420, 721; 1988, c. 82; 1989, c.
727; 1993, c. 68; 1996, cc. 36, 87; 1997, c. 70; 2001, c. 151; 2003, c. 314;
2009, c. 456; 2011, cc. 62, 73; 2012, c. 443; 2013, c. 118; 2015, c. 615; 2017,
c. 554.