Idaho Admin. Code r. 39.03.80.100

Current through September 2, 2024
Section 39.03.80.100 - GENERAL PROVISIONS
01.Place to Legalize. All vehicles exceeding the overweight tolerances of Section 49-1001(8), Idaho Code, are required to legalize at the place of weighing unless, in the judgment of the weight enforcement official, it would be unsafe and/or impractical to do so.
02.Travel Authorization. Those overweight vehicles, which in the judgment of the weight enforcement official cannot be safely or practically legalized at the place of weighing, will obtain a travel authorization to travel to a safe point of legalization by payment of the statutory fee.
a. The safe point of legalization will be determined by the weight enforcement official in consultation with the vehicle operator or other persons having interest in the vehicle or load.
b. Vehicles hauling the following commodities are considered unsafe or impractical to legalize at the place of weighing. This list is illustrative and not all inclusive of the following: Bulk hazardous materials and hazardous waste as defined by Section 49-109, Idaho Code; livestock; hot asphalt; concrete; dead animals or parts thereof; highly perishable commodities; bees; and any load where removal of the tie downs may create a possible safety hazard.
c. The owner or operator of vehicles required to off-load portions of their load will adhere to all applicable safety regulations of the Occupational Safety and Health Administration (OSHA), United States Department of Transportation, and the Idaho Department of Commerce and Labor.
d. A supervisor within the port of entry chain of command will determine if loads of questionable safety should be off-loaded at the place of weighing or be allowed to purchase a travel authorization.
03.Permission to Off-Load. No off-loaded commodity will be left at the place of weighing unless done so with permission of the appropriate authority.
a. Any commodity left at the place of weighing may be removed and stored by the Department at the hauler's expense.
b. A trailer as defined by Section 49-121(6), Idaho Code, may be left at the place of weighing for a reasonable time not to exceed five (5) days if the weight enforcement official determines a traffic hazard will not be created.
c. Any commodity left at a privately owned place of weighing should be done so with the knowledge and express permission of the owner of the site.
04.Travel Authorization Restrictions.
a. Travel authorization will not be issued to vehicles traveling under the authority of an overweight permit issued pursuant to Section 49-1004, Idaho Code.
b. Travel authorization will not be issued to allow travel across a restricted structure at weights exceeding its maximum allowable weight or when such weight exceeds the maximum weight that would be permitted under Section 49-1004, Idaho Code.

Idaho Admin. Code r. 39.03.80.100

Effective March 31, 2022