SECTION 730:30-9-8. Special crossing permits

(a)   Special Crossing Permits for Industrial Use (Crossing Permits) may be applied for regarding the use of specific locations where private roads cross non-access controlled state highways and the load exceeds 20,000 lbs /axle when the following conditions and requirements are met.

(1)   An initial Crossing Permit application for each such crossing shall be submitted through the Department of Public Safety to the Department of Transportation indicating, as a minimum, highway route number, station location, county, township and range, the proposed vehicle size, the number of axles and axle spacings, the maximum gross weight, maximum axle loadings and such additional information as the Commissioner of Public Safety may require.

(2)   The Crossing Permit application shall be accompanied by appropriate plans, specifications and details necessary for said crossing, and shall have been prepared by a Registered Professional Engineer. The plans must show structural adequacy for the proposed reinforced surface of the highway crossing, including a soils study as well as appropriate traffic warning and control devices necessary to insure the safety of the traveling public.

(3)   The Department of Transportation engineering staff shall make a comprehensive study of the proposal, make recommendations for any necessary revisions or modifications, and submit the request to the Transportation Commission for approval or rejection. If rejected, the Department will so notify the Commissioner of Public Safety.

(4)   If the request is approved by the Transportation Commission, the requesting party shall enter into an agreement with the Director of the Department of Transportation to pay all costs of or associated with the construction and maintenance of the crossing, including the perpetual daily maintenance of the heavy load crossing and any safety warning and traffic control devices. The requesting party shall file with the Department evidence of sufficient liability insurance in amounts equal to the maximum amounts of liability for state agencies provided in the Governmental Tort Claims Act, naming the State of Oklahoma, ex rel. Department of Transportation as an additional insured and shall further agree to hold harmless the State of Oklahoma, its agents and employees from any and all claims of damages whatsoever which arise from the industry's use of, or as a result of the existence of, the highway crossing, associated warning or traffic control devices or any impairment of public safety at the crossing location.

(5)   When construction of the crossing is completed and accepted, the Department of Transportation shall notify the Commissioner of Public Safety that an inspection has been made and the crossing satisfies the requirements of the plans and agreement and that the initial Crossing Permit may be issued.

(6)   Subsequent Crossing Permits issued by the Commissioner of Public Safety shall authorize a specific vehicle to cross the state highway at an identified and approved crossing location. Said permits shall further specify a maximum gross weight and the maximum axle loadings and minimum inner bridge dimensions, as well as the length and width of each vehicle and may specify times of day, weather conditions or other factors limiting the use of such crossings.

(b)   Failure on the part of the vehicle owner to comply with any of the Crossing Permit requirements or operation of the vehicle on or across a state highway at any non-permitted location shall constitute grounds for closing the crossing and the revocation of all special permits at that location. Any revocation of such permits shall be for a period of not less than 1 year.

[Source: Added at 10 Ok Reg 4685, eff 10-11-93]