2 Del. Admin. Code § 2405-4.0

Current through Register Vol. 28, No. 5, November 1, 2024
Section 2405-4.0 - Provisional Permit Requirements (Common Safety Standards)
4.1 Introduction. The Delaware Department of Transportation has adopted the following general permit requirements set forth in this section for use by permittees when in transit within Delaware. These requirements have been adopted in part from the Guide for Vehicle Weights and Dimensions prepared by the Subcommittee on Highway Transport and officially adopted by the American Association of State Highway and Transportation Officials (Revised April 2001). These requirements are set forth, in order to promote public safety, minimize impacts to the traveling public, and minimize impacts/damage to public facilities.
4.2 Times of Travel
4.2.1 Permitted vehicles may move during the permit Effective and Expiration Dates as indicated below unless otherwise authorized or prohibited by other requirements in this section. DelDOT also reserves the right to restrict moves within this time period on a case-by-case basis in order to minimize impacts to the traveling public and to ensure public safety.
4.2.1.1 Load Code 1 Oversized - Monday through Sunday sunrise to sunset
4.2.1.2 Load Code 2 Overweight - Monday through Sunday sunrise to sunset.
4.2.1.3 Load Code 3 Superload - Refer to Section 5.0, specifically subsection 5.3.
4.2.1.4 Load Code 4 Manufactured Housing - Monday through Sunday sunrise to sunset.
4.2.1.5 Load Code 5 Sealed Container - Monday through Sunday 24 hour continuous movement.
4.2.1.6 Load Code 6 Ship - Monday through Sunday 24 hour continuous movement.
4.2.1.7 Load Code 7 Pole & Piling - Monday through Sunday 24 hour continuous movement.
4.2.1.8 Load Code 9 Single Trip Interstate - Monday through Sunday 24 hour continuous movement. Movement is exempt from holiday restriction periods.
4.2.1.9 Load Code 10 Multi Trip Interstate - Monday through Sunday 24 hour continuous movement. Movement is exempt from holiday restriction periods.
4.2.1.10 Load Code 11 Annual Crane - Monday through Sunday 24 hour continuous movement. Movement during holiday restriction periods must follow emergency procedures in Section 6.0 of this regulation.
4.2.1.11 Load Code 12 Twin Trailer - Monday through Sunday 24 hour continuous movement.
4.2.1.12 Load Code 13 Zero Emission Bus - Monday through Sunday 24 hour continuous movement.
4.2.1.13 Load Code 14 Refrigerated Meat Products - Monday through Sunday 24 hour continuous movement, except during restricted Holiday periods and designated weather related travel restrictions.
4.2.2 Permitted loads not exceeding 75 feet in Length, 12 feet in Width, 14 feet 6 inches in Height, and 120,000 lbs. will be allowed to move from 9pm to 5am Monday through Friday with prior approval. DelDOT also reserves the right to restrict moves within this time period on a case-by-case basis in order to minimize impacts to the traveling public and to ensure public safety. Haulers requesting night movement must set the After Hour Move box on the permit application and enter "Request night movement of envelope vehicle/load" in the Comments section of the online permit application.
4.2.3 If the Department authorized permitted vehicles, other than those designated in subsection 4.2.2 above, to move during designated times between sunset and sunrise special lighting requirements as identified in this section of the regulation must be incorporated with move. If a night move is authorized, the Department may also require additional lights, company escort vehicles, Delaware State Police escort vehicles, or a combination thereof on a case-by-case basis as identified in the Special Provisions portion of the hauling permit.
4.2.4 Due to the amount of highway traffic on holidays, vehicles and loads requiring oversize or overweight permits shall be prohibited from traveling on those days. Prohibited holidays include New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, and Christmas. Movement of such vehicles and loads may also be prohibited on any other days or hours when such movements may substantially affect the safety of the motoring public. For specific movement days and times refer to the Holiday Restrictions link on the DelDOT OSOW Permit System www.osow.deldot.gov
4.3 Inclement Weather. When road conditions, visibility or unfavorable weather conditions make traveling hazardous to the operator or the traveling public, permitted vehicles are not authorized to operate, unless responding to an emergency. Vehicles, which are underway when inclement weather occurs, shall exit the road at the first available safe location and park in a safe place until the weather clears or until road conditions improve to allow safe travel conditions. Law enforcement judgment shall prevail in all circumstances.
4.4 Speed Limits
4.4.1 Vehicles and loads requiring permits may travel at the posted maximum speed limits unless specifically prohibited by the permit. Oversized/overweight moves that must operate at speeds lower than the posted speed limit shall be subject to additional time restrictions as determined by DelDOT Traffic.
4.4.2 If load cannot be moved at posted speed the permittee shall note the travel speed of the load along the intended route on the permit application and may be subject to additional requirements based on the information provided by the permittee at time of permit application.
4.5 Routing
4.5.1 To the greatest extent possible, permittees and users shall limit travel to the shortest practical route using Interstate and State routes to reduce travel on secondary and local highways. The most direct route shall be used for all oversize/overweight moves. Deviation from the route specified on the permit is not permitted and is cause for revocation of the permit. Intermediate stopping points and round trips are not permitted under a single trip hauling permit.
4.5.2 The permit shall authorize movement only on the pavement portion of those highways specified in the permit. The permit does not authorize movement upon shoulders unless so noted.
4.5.3 The permit is only for route designated. The permit is only issued for movement on state maintained roadways.
4.5.4 DelDOT publishes a list of permanently and temporarily restricted routes in which vehicles possessing a valid oversize/overweight vehicle permit are not authorized to travel upon.
4.5.4.1 During the application process, it will be the permittee's responsibility to make sure that the route they will be traveling does not include any permanently or temporarily restricted routes.
4.5.4.2 The lists of permanently and temporarily restricted routes can be found on DelDOT's website at the following locations:
4.5.4.2.1 Permanently Restricted Routes: https://www.deldot.gov/osow/application/permrestrictions
4.5.4.2.2 Temporarily Restricted Routes: https://www.deldot.gov/osow/application/temprestrictions
4.5.4.3 The Department reserves the right to route vehicles to a permanently or temporarily restricted route on a case-by-case basis.
4.5.4.4 The Department also reserves the right to change the list of permanently or temporarily restricted routes at any time without notice to the permittee.
4.6 Safety Requirements. The Delaware Department of Transportation has adopted the supplemental safety requirements as outlined below in addition to any other requirements that are set forth in this regulation and the Delaware Manual on Uniform Traffic Control Devices (MUTCD). The requirements that are presented below shall be adhered to for all oversized/overweight moves, including standard (non-superload) moves and superload moves.
4.6.1 Escort vehicles shall be provided for oversize/overweight moves in order to enhance the safety of the traveling public, enhance the safety of the people involved in the movement of the over dimensional load and to prevent damage to the State's highway system. Individual escort vehicle requirements are outlined in the following subsections and are summarized in Table 4.2:
4.6.1.1 Escort vehicles shall be a single unit non-permitted vehicle, no smaller than a compact car. The escort vehicle shall not be attached to any other vehicle.
4.6.1.2 Escort vehicles shall escort only one oversize vehicle or load. More restrictive conditions may be required on high volume highways or when the lane width is less than 12 feet.
4.6.1.3 One escort vehicle is required for vehicles and loads more than 13 feet in width but not exceeding 14 feet. The escort vehicle shall be behind an over width vehicle or load on a multilane highway, and in front of an over width vehicle or load on a two-lane highway.
4.6.1.4 Two escort vehicles are required for vehicles and loads more than 14 feet in width. One escort vehicle shall be in front of the over width vehicle or load and 1 behind. A separate state police escort (third escort) is required for vehicles and loads more than 15 feet in width.
4.6.1.5 Vehicles and loads 90 feet or more in overall length are required to have 1 rear escort vehicle. Vehicles and loads 100 feet or more in overall length are required to have 2 escorts, 1 in front, and 1 in the rear. Vehicles and loads 120 feet or more in length are required to have a separate state police escort (third escort).
4.6.1.6 Two escort vehicles are required for vehicles and loads 15 feet or more in height. One escort vehicle shall be in front of the over height vehicle or load and 1 behind. A separate state police escort (third escort) is required for vehicles and loads 17 feet - 6 inches or more in height.
4.6.1.7 Vehicles and loads with a rear overhang of 15 feet or more shall have 1 rear escort unless the permit specifies otherwise.
4.6.1.8 Two escort vehicles, 1 in front and 1 behind the oversize vehicle, are required when previous paragraphs separately require 1 escort in the front and 1 behind for multiple conditions.
4.6.1.9 Two escort vehicles are required for vehicles and loads over 120,000 lbs. weight. One escort vehicle shall be in front of the overweight vehicle or load and 1 behind.
4.6.1.10 A single Delaware State Police escort can escort 2 or more loads in a single move if the loads are moved at the same time, other required escorts are available as stated above, and communication is present between the loads.
4.6.1.11 Vehicles and loads that are only overweight or are 12 feet or less in width and that cannot move freely with the flow of traffic may be subject to escort requirements.
4.6.1.12 Escort vehicles shall have visual contact with the permitted vehicle and have two-way radio communication with the driver of the permitted vehicle.

Table 4.1

State of Delaware Escort Vehicle Requirements

Oversize DimensionEscort RequiredEscort Location
Lengthover 90 feetRear
at 100 feetRearFront
at 120 feetRearFrontDSP
Width over 13 feetRear (on multi-lane highway)
Front (on two-lane highway)
over 14 feetRearFront
over 15 feetRearFrontDSP
Heightat 15 feetRearFront
at 17 ft. - 6 in.RearFrontDSP
Weightover 120,000 lbsRearFront
Overhangat 15 feetRear unless permit specifies otherwise

Note: See subsections 4.6.1.8 through 4.6.1.12 for additional escort vehicle requirements

4.6.2 Warning Flags
4.6.2.1 Required warning flags shall be in evidence during daylight hours. Red or orange fluorescent warning flags are required and shall be at least 18 inches square. Flags shall be securely fastened to the vehicle or load by at least one corner of the flag or securely mounted on a staff.
4.6.2.2 Warning flags are required on vehicles and loads, which exceed legal width. These vehicles and loads are required to bear flags at the extremities of the vehicle or load as shown in Figure 4.1.

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Figure 4.1:Warning Flags on Overwidth Loads

Source: AASHTO Guide for Vehicle Weights and Dimensions

4.6.2.3 Flags are also required on vehicles and loads which exceed legal length or which have a rear overhang in excess of 4 feet. There shall be a single flag at the extreme rear if the over length or projecting portion is 2 feet wide or less. Two flags are required if the over length or projecting portion is wider than 2 feet and shall be located to indicate maximum width. (See Figure 4.2)

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Figure 4.2:Warning Flags on Overlength Loads or Loads With a Rear-End Overhang

Source: AASHTO Guide for Vehicle Weights and Dimensions

4.6.3 Warning Lights. General Lighting Requirements
4.6.3.1 Load hauling vehicles and escort vehicles shall travel with low beam headlights on at all times.
4.6.3.2 While not required in Delaware, load-hauling vehicles may display a flashing 360-degree yellow (amber) light at an elevation above the highest point of the vehicle. A second flashing 360-degree light may be at the rear of the load if the load obstructs the visibility of the 360-degree light on the load-hauling vehicle. The 360-degree light shall be visible in all directions from a distance of 1,000 feet during daylight hours with a flash rate of 60 to 90 flashes per minute (FPM). The 360-degree light lens shall be at least 4 inches high whose minimum width or diameter at that height is 4 3/4 inches.
4.6.3.3 While not required in Delaware, warning lights for escort vehicles shall be located on the roof of the vehicle perpendicular to the length of the escort vehicle. The warning light bar shall be a minimum of 43 inches and a maximum of 52 inches long, a minimum of 10 inches and a maximum of 13 inches wide, and a minimum of 4 inches and a maximum of 8 inches high, consisting of flashing or strobe lights. Each warning light bar shall consist of a minimum of four lights. If flashing lights are used, they shall consist of at least two 95 and two 150 minimum FPM rotators; mirrors shall be placed diagonally between lights (mirrors to be reflective on both sides). All lights shall be visible on a 360-degree basis from the vehicle for a distance of 1,000 feet and arranged with at least two lights in each end of the bar light. The dome cover color shall be amber. The warning lights may be displayed while escorting the load in Delaware.
4.6.3.4 Whenever the rear running lights, stop lights, turn signals, or hazard-warning lights are obstructed by the load on a vehicle, lighting equipment shall be displayed on the rear of the load equivalent to the obstructed lights or signals.
4.6.4 Load Warning Lights
4.6.4.1 Warning lights shall be used for authorized night operations as shown in Figures 4.3 and 4.4. The lights must be visible from a minimum of 500 feet in all directions. The lights shall be steady burning. The color of the lights shall be as follows:
4.6.4.1.1 Amber: Lights on extremities visible from the front of the vehicle or load and lights on extremities in the middle or near the front of the vehicle or load.
4.6.4.1.2 Red: Lights on extremities visible at the rear or near the rear of the vehicle or load.
4.6.4.2 For overwidth loads uniform in width, place amber lights on the forward corners of the load and red lights on the rear corners of the load as shown in Figure 4.3.
4.6.4.3 If the load is overwidth for its entire length with a wider portion near the middle of the load, place red and amber lights at the rear and front corners of the load, respectively, with amber lights on the sides at the extreme limits of the load as shown in Figure 4.3.
4.6.4.4 If the load is nonuniform in width with the overwidth portion at the rear extremity of the load, place red lights on the side of the load at its extreme width as shown in Figure 4.3.
4.6.4.5 If the load is nonuniform in width with the overwidth portion to the front, place amber lights on the side at the load extremities as shown in Figure 4.3.

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Figure 4.3: Warning Lights on Overwidth Loads

Source: AASHTO Guide for Vehicle Weights and Dimensions

4.6.4.6 For loads of legal width that are over length with a rear overhang exceeding 4 feet, place four red lights on the rear and sides of the overhanging portion of the load as shown in Figure A.4. Amber lights are required at least every 6 feet on both sides of the overhang as shown below.

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Figure 4.4:Warning Lights on Overlength Load or Loads With a Rear-End Overhang

Source: AASHTO Guide for Vehicle Weights and Dimensions

4.6.5 Warning Signs
4.6.5.1 Warning signs shall be displayed during all oversize movements. Load hauling vehicle warning signs shall be at least 7 feet long and 18 inches high. The sign's background shall be yellow with black lettering, and for night moves, constructed of a high-intensity reflective material. Letters shall be at least 10 inches high with a 1.41-inch brush stroke. Note: If Series E Modified text is used, the brush stroke shall be 2 inches.
4.6.5.2 Vehicles and loads exceeding legal width shall display 2 signs with the wording "OVERSIZE LOAD". One sign shall be on the front of the vehicle. The other shall be on the rear of the load; however, if the sign cannot be attached to, or is not legible on the load, then the sign shall be attached to the rear of the vehicle itself. Refer to Figure 4.5.

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Figure 4.5:Warning Signs on Oversize Loads

Source: AASHTO Guide for Vehicle Weights and Dimensions

4.6.5.3 Vehicle and loads exceeding legal length or legal rear overhang shall be required to display 2 signs with the wording "OVERSIZE LOAD". One sign shall be on the rear of the over length or overhanging part of the load; however, if the sign cannot be attached or is not legible here, then the sign shall be attached to the rear of the vehicle itself. The other sign shall be attached to the front of the vehicle. Refer to Figure 4.6.

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Figure 4.6:Warning Signs on Overlength Loads or Loads With a Rear-End Overhang

Source: AASHTO Guide for Vehicle Weights and Dimensions

4.6.5.4 Escort vehicles shall display a sign on the roof or front and rear of the escort vehicle that is at least 5 feet long and 12 inches high with 8 inch high letters. For roof-mounted signs, the sign shall be legible on both sides with the wording "OVERSIZE LOAD". The sign shall be mounted on the roof perpendicular to the length of the escort vehicle. For front and rear mounted signs the legend shall read "OVERSIZE LOAD".
4.6.5.5 Warning signs shall not obstruct lights and other safety devices on the vehicle with load or on the escort vehicle.

2 Del. Admin. Code § 2405-4.0

20 DE Reg. 194 (9/1/2016)
21 DE Reg. 585 (1/1/2018)
23 DE Reg. 326 (10/1/2019)
26 DE Reg. 408 (11/1/2022)
26 DE Reg. 1078 (6/1/2023) (Final)