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State Codes and Statutes

Statutes > Nebraska > Chapter60 > 60-6_298

60-6,298. Vehicles; size; weight; load; overweight;special, continuing, or continuous permit; issuance discretionary; conditions;penalty; continuing permit; fees.(1)(a) The Department ofRoads or the Nebraska State Patrol, with respect to highways under its jurisdictionincluding the National System of Interstate and Defense Highways, and localauthorities, with respect to highways under their jurisdiction, may in theirdiscretion upon application and good cause being shown therefor issue a special,continuing, or continuous permit in writing authorizing the applicant or hisor her designee:(i) To operate or move a vehicle, a combination of vehicles, or objectsof a size or weight of vehicle or load exceeding the maximum specified bylaw when such permit is necessary:(A) To further the national defense or the general welfare;(B) To permit movement of cost-saving equipment to be used in highwayor other public construction or in agricultural land treatment; or(C) Because of an emergency, an unusual circumstance, or a very specialsituation;(ii) To operate vehicles, for a distance up to one hundred twenty miles,loaded up to fifteen percent greater than the maximum weight specified bylaw, up to ten percent greater than the maximum length specified by law, exceptthat for a truck-tractor semitrailer trailer combination utilized to transportsugar beets which may be up to twenty-five percent greater than the maximumlength specified by law, or both, when carrying grain or other seasonallyharvested products from the field where such grain or products are harvestedto storage, market, or stockpile in the field or from stockpile to marketor factory when failure to move such grain or products in abundant quantitieswould cause an economic loss to the person or persons whose grain or productsare being transported or when failure to move such grain or products in aslarge quantities as possible would not be in the best interests of the nationaldefense or general welfare. The distance limitation may be waived for vehicleswhen carrying dry beans from the field where harvested to storage or marketwhen dry beans are not normally stored, purchased, or used within the permittee'slocal area and must be transported more than one hundred twenty miles to anavailable marketing or storage destination. No permit shall authorize a weightgreater than twenty thousand pounds on any single axle;(iii) To transport an implement of husbandry which does not exceed twelveand one-half feet in width during daylight hours, except that the permit shallnot allow transport on holidays;(iv) To operate one or more recreational vehicles, as defined in section 71-4603, exceeding the maximum width specified by law if movement of the recreationalvehicles is prior to retail sale and the recreational vehicles comply withsubdivision (2)(k) of section 60-6,288; or(v) To operate an emergency vehicle for purposes of sale, demonstration,exhibit, or delivery, if the applicant or his or her designee is a manufactureror sales agent of the emergency vehicle. No permit shall be issued for anemergency vehicle which weighs over sixty thousand pounds on the tandemaxle.(b) No permit shall be issued under subdivision (a)(i) of this subsectionfor a vehicle carrying a load unless such vehicle is loaded with an objectwhich exceeds the size or weight limitations, which cannot be dismantled orreduced in size or weight without great difficulty, and which of necessitymust be moved over the highways to reach its intended destination. No permitshall be required for the temporary movement on highways other than dustless-surfacedstate highways and for necessary access to points on such highways duringdaylight hours of cost-saving equipment to be used in highway or other publicconstruction or in agricultural land treatment when such temporary movementis necessary and for a reasonable distance.(2) The application for any such permit shall specifically describethe vehicle, the load to be operated or moved, whenever possible the particularhighways for which permit to operate is requested, and whether such permitis requested for a single trip or for continuous or continuing operation.(3) The department or local authority is authorized to issue or withholdsuch permit at its discretion or, if such permit is issued, to limit the numberof days during which the permit is valid, to limit the number of trips, toestablish seasonal or other time limitations within which the vehicles describedmay be operated on the highways indicated, or to issue a continuous or continuingpermit for use on all highways, including the National System of Interstateand Defense Highways. The permits are subject to reasonable conditions asto periodic renewal of such permit and as to operation or movement of suchvehicles. The department or local authority may otherwise limit or prescribeconditions of operation of such vehicle or vehicles, when necessary to assureagainst undue damage to the road foundations, surfaces, or structures or unduedanger to the public safety. The department or local authority may requiresuch undertaking or other security as may be deemed necessary to compensatefor any injury to any roadway or road structure.(4) Every such permit shall be carried in the vehicle to which it refersand shall be open to inspection by any peace officer, carrier enforcementofficer, or authorized agent of any authority granting such permit. Each suchpermit shall state the maximum weight permissible on a single axle or combinationof axles and the total gross weight allowed. No person shall violate any ofthe terms or conditions of such special permit. In case of any violation,the permit shall be deemed automatically revoked and the penalty of the originallimitations shall be applied unless:(a) The violation consists solely of exceeding the size or weight specifiedby the permit, in which case only the penalty of the original size or weightlimitation exceeded shall be applied; or(b) The total gross load is within the maximum authorized by the permit,no axle is more than ten percent in excess of the maximum load for such axleor group of axles authorized by the permit, and such load can be shifted tomeet the weight limitations of wheel and axle loads authorized by such permit.Such shift may be made without penalty if it is made at the state or commercialscale designated in the permit. The vehicle may travel from its point of originto such designated scale without penalty, and a scale ticket from such scale,showing the vehicle to be properly loaded and within the gross and axle weightsauthorized by the permit, shall be reasonable evidence of compliance withthe terms of the permit.(5) The department or local authority issuing a permit as provided inthis section may adopt and promulgate rules and regulations with respect tothe issuance of permits provided for in this section.(6) The department shall make available applications for permits authorizedpursuant to subdivisions (1)(a)(ii) and (1)(a)(iii) of this section in theoffice of each county treasurer. The department may make available applicationsfor all other permits authorized by this section to the office of the countytreasurer and may make available applications for all permits authorized bythis section to any other location chosen by the department.(7) The department or local authority issuing a permit may require apermit fee of not to exceed twenty-five dollars, except that:(a) The fee for a continuous or continuing permit may not exceed twenty-fivedollars for a ninety-day period, fifty dollars for a one-hundred-eighty-dayperiod, or one hundred dollars for a one-year period; and(b) The fee for permits issued pursuant to subdivision (1)(a)(ii) ofthis section shall be twenty-five dollars for a thirty-day permit and fiftydollars for a sixty-day permit. Permits issued pursuant to such subdivisionshall be valid for thirty days or sixty days and shall be renewable for atotal number of days not to exceed one hundred and twenty days per year.A vehicle or combination of vehicles for which an application for apermit is requested pursuant to this section shall be registered under section 60-3,147 or 60-3,198 for the maximum gross vehicle weight that is permittedpursuant to section 60-6,294 before a permit shall be issued. SourceLaws 1957, c. 156, § 4, p. 565; Laws 1961, c. 183, § 1, p. 546; Laws 1963, c. 220, § 3, p. 695; Laws 1963, c. 226, § 1, p. 708; Laws 1965, c. 214, § 1, p. 627; Laws 1967, c. 235, § 1, p. 627; Laws 1972, LB 1337, § 1; Laws 1973, LB 152, § 1; R.S.Supp.,1973, § 39-722.01; Laws 1975, LB 306, § 2; Laws 1979, LB 287, § 1; Laws 1980, LB 842, § 1; Laws 1981, LB 285, § 3; Laws 1986, LB 122, § 1; Laws 1986, LB 833, § 1; R.S.1943, (1988), § 39-6,181; Laws 1993, LB 370, § 394; Laws 1993, LB 176, § 1; Laws 1994, LB 1061, § 4; Laws 1995, LB 467, § 15; Laws 1996, LB 1306, § 2; Laws 1997, LB 122, § 1; Laws 1997, LB 261, § 1; Laws 2000, LB 1361, § 9; Laws 2001, LB 376, § 5; Laws 2003, LB 563, § 33; Laws 2005, LB 82, § 5; Laws 2005, LB 274, § 246; Laws 2010, LB820, § 2. Cross ReferencesRules and regulations of Department of Roads, adoption, penalty, see sections 39-102 and 39-103. AnnotationsUnder the permit exemption contained in subsection (1) of this section, the language “access to points on (dustless-surfaced) highways” means that if there is no other route available, one may move the qualified equipment over a dustless-surfaced highway. State v. Quandt, 234 Neb. 402, 451 N.W.2d 272 (1990).