2 Del. Admin. Code § 2405-1.0
The intent of the Oversize/Overweight Hauling Permit Program is to promote public safety, minimize impacts to the traveling public, minimize impacts/damage to public facilities, and to assign equitable fees to the movement of oversize/overweight goods. The purpose of this regulation is to state the policy and procedures of the Department of Transportation, Division of Transportation Solutions, regarding the issuance of Hauling Permits, hereinafter called "permit", for oversize or overweight vehicles. The guidelines contained in this regulation should provide guidance for the majority of all oversized and overweight vehicle moves. However, the Department reserves the right to modify the requirements on a case-by-case basis based on engineering judgment and public safety requirements.
The following words and terms, when used in this regulation, have the following meanings unless the context clearly indicates otherwise:
"Axle" means load-bearing wheels in a transverse line across the full width of a vehicle.
"Axle Group" means a group of axles in which every axle is located within 8 feet of another axle.
"Combination" means two or more vehicles physically interconnected in tandem.
"Commercial Vehicle" means a vehicle of a type designed, used, or maintained for the transportation of persons or property for hire, compensation, or profit, except taxicabs.
"Crane" means any self-propelled vehicle to which has been permanently mounted or attached any crane, whether or not such vehicle was originally a truck, tractor, or other type of motor vehicle or was designed and built as a complete crane unit. However, the word "crane," as herein defined, shall not be construed to mean any truck or other vehicle equipped with or to which has been affixed any device used for the purpose of providing a means for towing other vehicles.
"Department" means the Department of Transportation of this State (DelDOT) acting directly or through its duly authorized officers and agents.
"Escort" means a single unit non-permitted vehicle, no smaller than a compact car that is used to accompany a permitted vehicle. An escort vehicle can be a vehicle provided by the permittee, the Delaware State Police, or any other entity defined by the Department.
"Farm Tractor" means every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines and other implements of husbandry.
"Gross Weight" means the combined weight of a vehicle or combination of vehicles and its load and driver.
"Highway" means the entire width between boundary lines of every way or place of whatever nature open to the use of public as a matter of right for purposes of vehicular travel, but does not include a road or driveway upon grounds owned by private persons, colleges, universities or other institutions.
"Implement of Husbandry" means a vehicle designed or adapted and determined by the Department to be used exclusively for agricultural, horticultural or livestock operations and only incidentally operated or moved upon highways.
"Local Authorities" means every county, municipal, and other local board or body having authority to adopt local police regulations under the Constitution and laws of this State.
"Mobile Home" means a trailer designed and used exclusively for living quarters or commercial purposes that exceeds the maximum size limitations prescribed by the act for operation on a highway and is only incidentally operated on a highway.
"Nondivisible Load" means a load that is incapable of being divided into parts or dismembered without substantially damaging its usefulness or value.
"Oversize" means the length, width, or height of a vehicle or combination of vehicles, including the load or loads carried thereon, excluding mirrors or sunshades, which exceed the applicable maximum length, width, or height specified in Section 2.0 of this regulation.
"Overweight Vehicle" means any vehicle having a gross weight, including load thereon, in excess of that permitted by law; including, but not limited to, a gross weight in excess of the weight for which a valid registration has been issued.
"Semitrailer" means every vehicle of the trailer type so designed and used in conjunction with a motor vehicle, such that some part of its own weight and that of its own load rests upon or is carried by another vehicle. Piling and pole trailers are to be considered to fall within the meaning of this definition.
"Ship Permit" means a permit that is issued for oversize or overweight vehicles engaged in ship offloading operations conducted at the Port of Wilmington to designated locations on designated state-maintained routes exclusive of Interstate routes within 2 miles from the property limits of the Port of Wilmington.
"Shoulder" means the portion of the highway, contiguous to the roadway, for accommodation of stopped vehicles, for emergency use and for lateral support of the roadway.
"Single Axle" means an axle located over 8 feet from another axle.
"Special Construction Equipment" means every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including but not limited to: Ditch-digging apparatus, well-boring apparatus, road construction or maintenance machinery such as asphalt spreaders, air compressors and drills, bituminous mixers, bucket loaders, tractors other than truck tractors, leveling graders, finishing machines, road rollers, scarifiers, earth-moving scrapers and carryalls, welders, power shovels and drag lines, self-propelled cranes, earth-moving equipment and construction box storage trailers (except when such trailers are used for transporting merchandise). The term does not apply to dump trucks, truck mounted transit mixers, tow trucks, or shovels or other vehicles designed for the transportation of persons or property to which machinery has been attached.
"STAA" means the Surface Transportation Assistance Act.
"Structure" means a bridge or culvert including supports, which spans or provides passage over or under a waterway, a railroad or other obstruction, or any other physical device designed to carry traffic control devices, including, but not limited to, overhead signs, light fixtures and traffic signals.
"Sunrise" means the time designated by the National Weather Service at which the sun can first be seen on the horizon.
"Sunset" means the time designated by the National Weather Service at which the sun can last be seen on the horizon.
"Superload" means any vehicle or load is considered a SUPERLOAD when any one of the following conditions exist: 15 feet or more in width; 15 feet or more in height; 120 feet or more in length; has a gross weight in excess of 120,000 pounds.
"Supporting Documentation" means documents that are required to be submitted as part of the permit application process.
"Trailer" means a mobile home, park trailer, travel trailer, house trailer, office trailer, camping trailer or any vehicle without motive power designed to carry property or passengers wholly on its own structure and to be drawn by a motor vehicle.
"Truck Tractor" means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
"Vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks except electric trackless trolley coaches, electric personal assistive mobility devices and excepting Off-Highway Vehicles (OHVs).
"Zero Emission Bus" means any self-propelled vehicle meant to transport persons as part of a governmentally owned/publicly operated transit system that is zero-emissions and is powered exclusively by a battery-electric drivetrain.
2 Del. Admin. Code § 2405-1.0
26 DE Reg. 408 (11/1/2022)
26 DE Reg. 1078 (6/1/2023) (Final)