County Regulation of Overweight Trucks

Allison, Bass & Associates, LLP. Austin, Texas /

Local Government Code Authority of Commissioners Court  The commissioners court of a county may regulate traffic on a county road or on real property owned by the county that is under the jurisdiction of the commissioners court Public Hearing Required  Before the commissioners court may issue a traffic regulation…the commissioners court must hold a public hearing…following publication of notice not less than 7 nor more than 30 days prior to the hearing.

Local Government Code Load Limits on County Roads and Bridges  Commissioners Court may establish load limits for any county road or bridge in the manner prescribed by § of the Transportation Code.  The commissioners court may authorize a county traffic officer, sheriff, deputy sheriff, constable, or deputy constable to weigh a vehicle to ascertain whether the vehicle’s load exceeds the limit prescribed by the Commissioners Court.

Local Government Code Prohibiting Use of Road  A road supervisor (person authorized to supervise roads, may be commissioner or unit system supervisor or engineer) my prohibit the use of a road or a section of a road when:  Wet weather or recent construction or repairs causes road to be unsafe or subject to damage to road.  Bridge or culvert is unsafe.  Before prohibiting use of road, notice shall be posted stating maximum load, and time of prohibited use, at locations that will allow detour to avoid use of restricted section.  Detour route must be provided.  Method of appeal to County Judge.

Local Government Code Liability of Owner or Operator for Road Damage  A person who operates or moves a vehicle on a public road or bridge, and is jointly or severally liable for damage to road or bridge for negligent operation, shall be liable for damages to the road. The County Attorney shall represent the county, and damages collected under this section are for the use of the county to benefit the damaged road or bridge.

Transportation Code Local Government Assistance.  From appropriated funds, the Department of Transportation shall assist counties with materials to repair and maintain county roads.  Shall provide that the total annual assistance under this section is: (a) at least $12 million per year for fiscal years 1998 and 1999; and (b) at least $6 million per year for a fiscal year other than 1998 or  Develop rules and procedures to implement this section and provide for distribution of the assistance with preference given to counties with an above average number of overweight trucks receiving weight tolerance permits based on the previous year’s permit totals.

Transportation Code County Authority to Set Maximum Weights  Commissioners Court may establish a load limit, but only with the concurrence of the Department of Transportation.  Must have supporting documentation and calculations reviewed and signed by engineer.  TxDot has 30 days to review, and thereafter is deemed to have consent of TxDot for limit, but TxDot can review at any time.  Appropriate signage required.  State Overweight Permit will allow use of county road despite limits.

Transportation Code Maximum Weight  Formula for number of axles, gross weight and Length of load.  Or no more than 80,000 pounds TxDot Commission’s Authority to Set Maximum Weights  Excludes farm product, liquefied petroleum gas, groceries delivery.  Allows overweight permits.

Transportation Code-622 et seq Laundry List of Exceptions  Fire Department Vehicle  Seed cotton or Chile Pepper modules  Tow Trucks  Superheavy loads  Manufactured Homes  Portable buildings  Oil Field Service Rigs  Unladen Lift vehicles  Unladen lift vehicles-trip permit  Port Authority permit along coastline

Transportation Code-623 et seq Chapter 623, Permits for Overweight Vehicles  Blanket Bond, or letter of credit  In the amount of $15, payable to TxDOT and Counties of this State.  Conditioned upon pledge that applicant will pay for damage to a road or bridge, cause by operation of the vehicle permitted at a heaver weight than authorized, and  Provide that the issuer is to notify the department and the applicant in writing after a payment is made on the bond or letter of credit.  If a payment is made on the bond/letter of credit, within 31 days a new bond must be issued, or the permit expires on the 31 st day after the date payment is made on the bond.

Transportation Code Permit for Excess Axle or Gross Weight  Axle weight=maximum plus 10%  Gross weight=maximum plus 5%  Not to exceed 80,000 pounds  Security required by required.  Permit fee of $75.00 paid. Permit must be carried in vehicle Sticker must be placed in window above Inspection certificate. Non-Compliance a Class C misdemeanor

Transportation Code Route Restrictions  A permit issued under § does not authorize operation on a national interstate with weight restrictions, or  A bridge with a maximum weight and load limit as established by or Commissioners Court under  UNLESS IT PROVIDES THE ONLY PUBLIC VEHICULAR ACCESS FROM AN ORIGIN OR TO A DESTINATION

Scurlock Permian Corp v. Brazos County, 869 S.W.2d 478 (Houston [1 st Dist] 1993, reh’g denied State law preempted power of county to require separate county permit. County may not issue permit or restrict operation of vehicle with statewide permit.

Attorney General Opinion-JC-0517 If a vehicle has a permit issued under Section , a commissioners court is prohibited from issuing its own permit, charging an additional fee for, or otherwise regulating or restricting the vehicle’s operation because of weight. TxDot has no discretion, and must issue a permit if the applicant meets the statutory requirements.

Attorney General Opinion-GA-0088 A county has no authority to regulate a permitted overweight truck. A county may not close a road to overweight trucks only, but must close the road to all truck traffic if there is a basis for closing the road at all. Notes that § provides for actual damages caused by negligent operation of a vehicle.

Attorney General Opinion-GA-0509 County permitting authority does not extend to a vehicle carrying a statewide permit. County authority does not include local permits where a statewide permit is in place.

What are your Options? Closely monitor county road use by overweight trucks.  Implement a weight officer program-enforce law  Ask for proof of permit (must be carried, and must be displayed on windshield)  Cross check with permit notice from TxDOT Take Action Against Bond for Damage  Issue citation for actual damage to roads.  Seek judgment against bond for damage.  Pursue revocation of bond if inadequate for road damage.  Seek full damage for road under §

Road Use Agreements Where a known heavy use of a road is to be undertaken, get a Road Use Agreement in advance.  Identify a specific route for heavy trucks for specific period of time.  Estimate anticipated damages  Require bond for amount equal to anticipated damages Make sure Agreement does not limit damages to estimate, but to actual incurred damage.  The road use agreement is premised upon § , Transportation Code

Summary Legislature has so weakened county authority to act effectively, our roads are subject to damage unless we vigorously enforce the law as written. Counties should pursue “weight violators” pursuant to existing law. This will be expensive and frustrating, but it is the only available means left to us.