Idaho Admin. Code r. 39.03.01.108

Current through September 2, 2024
Section 39.03.01.108 - REVOCATION OF PERMIT FOR NON-COMPLIANCE WITH PROVISIONS OF THE PERMIT
01.Disqualification of Permits. Any issued permit will become invalid, and the cited vehicle may be disqualified from reissuance of permits if convicted of the following:
a. The vehicle combination does not satisfy the requirements of Federal Motor Carrier Safety Regulations Part 393.
b. The vehicle violates permitting conditions (other than weight) for the following:
i. Failure to travel on Extra Length or Up to 129,000 Pound designated routes.
ii. Failure to properly display flags and/or signs.
iii. Failure to provide the correct number of pilot cars and/or proper placement.
iv. Failure to provide lighting for travel during hours of darkness.
v. Failure to travel during the hours of operation as specified on the permit.
vi. Failure to comply with wind velocity requirements when moving manufactured housing, office trailers, and modular buildings.
vii. Failure to comply with 511 advisories for hazardous travel conditions.
c. The vehicle violates weight limits under Section 49-1001(1), (2), and (9), Idaho Code, as follows:
i. Single, tandem, tridem, quad, or other axle groups weight is more than fifteen percent (15%) over.
ii. Gross or bridge weight is more than seven percent (7%) over.
d. The motor carrier has violated an Out-of-Service order by the Federal Motor Carrier Safety Administration as described in Part 386 (386.73) of the Federal Motor Carrier Safety Regulations.
02.Permit Revocation Process. A copy of the judgment of conviction from the court and the special permit authorizing operation must be provided to Commercial Vehicle Services by enforcement personnel. Paperwork will be reviewed for compliance with the provisions of this rule, and, if met, notification will be sent to the company informing them of the pending revocation that will occur within ten (10) days of the letter being issued.
03.Disqualification Periods. When a permit has become invalid, the vehicle identified on the invalidated permit may be disqualified for reapplication for a permit for a period of thirty (30) days after the first violation, for a period of six (6) months after the second violation, and for a period of one (1) year after the third violation.
04.Penalties. In addition to revocation of permits as authorized in this rule, the permittee will be subject to all applicable penalties provided by law with regard to the provisions violated.

Idaho Admin. Code r. 39.03.01.108

Effective July 1, 2024