CHAPTER
Tra 300
PERMITS
PART
Tra 301
RESERVED
PART Tra 302 DRIVEWAY
PERMITS - RESERVED
Source.
#5497, eff 1-1-93, EXPIRED: 1-1-99
PART
Tra 303
REASONABLE ACCESS FOR TWIN TRAILERS
Tra 303.01 Purpose. Federal regulations require that each state establish
and implement criteria to evaluate travel by twin trailer vehicles on routes
not included in the national network. This
part establishes the procedure for departmental review of access route requests
for twin trailer trucks operating away from the national network for the
purpose of accessing terminal or service facilities.
Source. #5825, eff 5-19-94, EXPIRED: 5-19-00
New. #12156, eff 4-6-17
Tra
303.02 Scope. These rules shall apply to review of access
route requests to operate twin trailer trucks away from the national network in
New Hampshire. The department does not
have statutory authority to regulate local routes, but
does coordinate route approvals with local jurisdictions in instances where
local street networks are involved.
Source. #12156, eff 4-6-17
Tra 303.03 Definitions.
(a) "Access route" means one or more
specifically identified routes over state or local roads to provide access
between the national network and:
(1) A terminal; or
(2) A service facility providing fuel or repairs
for a twin trailer vehicle, or food or rest for its operator.
(b) "Department" means the New
Hampshire department of transportation.
(c) "Local route" means one or more
specifically identified routes over a New Hampshire class IV or V highway and
other class highways within compact sections under municipal jurisdiction.
(d) "National network" means highways
designated by the secretary of the United States department of transportation
pursuant to the Surface Transportation Assistance Act of 1982, as amended,
including:
(l) The national system of interstate and defense
highways;
(2) Those sections of the federal-aid primary
system which are divided highways with 4 or more lanes, full control of access,
and are listed in appendix A to 23 CFR 658; and
(3) The toll sections of the turnpike system,
which are divided highways with 4 or more lanes.
(e) "Terminal" means any location where
freight originates, terminates, or is handled in the transportation process
including, but not limited to:
(1) Motor carrier operating facilities;
(2) Distribution centers;
(3) Rail, waterborne, or air operating
facilities; or
(4) Manufacturing locations.
(f)
"Twin trailer" means a semitrailer or full trailer being
driven as part of a combination vehicle with two trailing units as defined in
RSA 266:11, III.
Source. #12156, eff 4-6-17
Tra
303.04 Exemptions. Pursuant to the Surface Transportation
Assistance Act of 1982, 49 U.S.C.A 2301 et seq., the following shall be exempt
from these rules:
(a) A twin trailer truck operating upon the
national network; and
(b) Household goods carriers operating upon
either the national network or a local route.
Source. #12156, eff 4-6-17
Tra 303.05 Restrictions
Within One Mile of the National Network.
(a)
Pursuant to 23 CFR Part 658.19 (d) and (h), neither the department nor
any municipality shall restrict a twin trailer truck from using an access route
to a terminal or service facility destination located within one road mile of
the national network, unless the access route has been posted by the department
as unsafe following an access route analysis conducted in accordance with this
part.
(b)
Prohibition by departmental or local authorities of twin trailer travel
within one mile of the national network shall be based solely on the safety
criteria provided in Tra 303.07.
(c)
The department shall install signs on all state owned
twin trailer access routes determined to be unsafe in such locations as will
provide sufficient notice to operators of twin trailer trucks of the
restriction or the access route.
Source. #12156, eff 4-6-17
Tra 303.06 Request for Access Route off the National
Network.
(a) Access to terminals beyond one
mile of the national network shall be allowed through application and
individual route review as set forth herein.
(b)
A separate application meeting the requirements of Tra
303.07 shall be submitted for each terminal facility to which twin trailer
truck access is desired.
(c)
A request for an access route shall be printed legibly or typewritten
and shall contain the following information:
(l) Date of application;
(2) Name of applicant;
(3) Address of applicant;
(4) Location of destination facility, to include:
a. City or town; and
b. Route number or street name.
(5)
Contact person;
(6)
Telephone number of contact person;
(7)
An indication whether or not the vehicle using the route will carry
hazardous materials as defined in 40 CFR Part 397;
(8)
Maximum dimensions of twin trailer vehicles to use route, including:
a. Maximum vehicle width;
b. Maximum trailer length; and
c.
Maximum anticipated gross weight.
(9)
Description of access route, including:
a.
Origin or point of entry into the state, if relevant;
b.
Destination;
c.
Access route description;
d.
Identification of municipal streets to be used; and
e. Identification of state highways
to be used.
(10) For requests that involve access upon local
routes, the applicant shall also provide the date and proof of approval by the
appropriate local authority.
(d) Applications shall be sent to the following
address:
New Hampshire Department of
Transportation
John O. Morton Building
Bureau of Highway Maintenance,
Permit Section
P.O. Box 483
7 Hazen Drive
Concord, NH
03301-0483
Source. #12156, eff 4-6-17
Tra
303.07 Analysis of Proposed Access
Route.
(a) Upon receipt of an access route request, for
which any portion of the proposed route involves travel on local routes, the
department shall:
(1)
Coordinate analysis of the proposed access route with local authorities,
if necessary; and
(2)
Share all engineering plans and technical analyses conducted hereunder
with local authorities.
(b) The department shall within 30 days after
receipt of the application notify the applicant of any errors or omissions, and
request any necessary additional information required to facilitate route
evaluation.
(c) The department shall approve the proposed
access route if analysis of geometric data indicates that:
(1) The width of the travel lanes on the proposed
route allow for safe passage and turning of the twin
trailer vehicle;
(2) The shoulder conditions and widths along the
proposed route allow for emergency travel or stopping of the twin trailer vehicle;
(3) There are passing zones present along the
proposed route to allow other motorists unimpeded, safe travel around the twin
trailer vehicle;
(4) Stopping sight distance at intersections on
the proposed route allows for safe passage of the twin trailer vehicle through
the intersections; and
(5)
No other condition along the proposed route interferes with normal
operation of the twin trailer truck in a manner that poses a safety hazard to
motorists.
(d) When engineering plans showing sufficient
road details along the entire proposed access route are available, application
of vehicle templates to the proposed route shall be sufficient to perform the
required analysis of geometric data.
(e) When engineering plans showing sufficient
road details along the entire proposed access route are not available, the
applicant shall, at its own expense:
(1) Provide a twin trailer vehicle and operator
to conduct a test operation over the portion of the proposed route for which
plans are not available; and
(2) Arrange with the department and the locality
for staff to review the actual operation of the test vehicle over the entire
proposed access route.
(f) If a change is made to the national network
or a local road that restricts or denies access to a facility on a currently
approved route, the department shall conduct an updated review of the access
route based on the criteria and methods contained herein.
Source. #12156, eff 4-6-17
Tra 303.08 Decisions.
(a) Within 90 days after receipt of a complete
access application, the department shall:
(1) Approve the application as submitted;
(2) Disapprove the application as submitted; or
(3) Approve the application with conditions that
restrict the time of day or days of travel, if necessary, to enhance the safety
of twin trailer vehicle movement.
(b) The department shall provide each applicant
with written notice of the decision made on the proposed access route that
states the reasons for the department's decision and informs the applicant of
its right to request a hearing.
(c) Approval of an application for access on any
individual route shall apply to all vehicles of the same type, regardless of
ownership.
(d) Pursuant to 23 CFR part 658:19 (i) 2 ii (b), if a determination is not made by the
department within 90 days of receipt of the application, the access route shall
automatically be approved.
(e) Pursuant to 23 CFR Part 658:19 (h), a local
decision prohibiting use of an access route shall be subject to department
review through the hearings process pursuant to Tra
202.
Source. #12156, eff 4-6-17
Tra 303.09 Requests
for Hearing.
(a)
An applicant or other affected person may request a hearing within 20
days after receipt of the notice of decision from the department or a locality.
(b)
The hearing request shall include a statement of the basis for
contesting the decision of the department or a locality.
(c) Requests for hearing shall be sent to:
NH Department of Transportation
John O. Morton Building
Office of the Commissioner
P.O. Box 483
7 Hazen Drive
Concord, NH
03301-0483
Source. #12156, eff 4-6-17
Tra 303.10 Reasonable
Access Map.
(a)
The department shall create a map depicting all access routes in the
state that are approved, not approved, or approved with conditions.
(b)
The map depicting access routes, and any amendments thereto, shall be
distributed:
(1) To all affected localities;
(2) To motor vehicle enforcement officials;
(3) To applicants for access routes; and
(4) To any other person upon request.
Source. #12156, eff 4-6-17
PART Tra 304 OVERSIZE AND OVERWEIGHT VEHICLE PERMITS
Statutory
Authority: RSA 21-L:12-a, V; RSA 260:5;
RSA 266:24
Tra 304.01 Purpose.
The purpose of Tra
304 is to establish procedures and criteria for permits for the movement of
non-divisible vehicles, objects, or vehicles and loads having weight, width,
height, or length greater than statutorily allowed limits set forth in RSA 266.
Pursuant to RSA 266:24, the commissioner, with
the approval of the director of motor vehicles,
department of safety, has authority to grant permits that specify routes and
times of travel for movement of oversize, overweight, or both, vehicles,
objects, or vehicles and
loads. These
permits authorize travel only on those state maintained
roads and bridges over which the department of transportation has jurisdiction,
that is, the state highway system.
Source. #4129, eff 9-10-86, EXPIRED: 9-10-92
New. #5621, eff 5-4-93; ss by #6992, INTERIM, eff
5-5-99, EXPIRED: 9-2-99
New. #7193, eff 1-26-00, EXPIRED: 1-26-08
New. #10816, eff 4-23-15
Tra 304.02 Scope.
Tra 304 shall
apply to any individual or business organization wishing to move a
non-divisible vehicle, object, or vehicle and load within the state of
Source. #4129, eff 9-10-86, EXPIRED: 9-10-92
New. #5621, eff 5-4-93; ss by #6992, INTERIM, eff
5-5-99, EXPIRED: 9-2-99
New. #7193, eff 1-26-00, EXPIRED: 1-26-08
New. #10816, eff 4-23-15
Tra 304.03 Definitions.
(a) “Applicant” means a carrier applying for a
permit or a permitting service applying for a permit on behalf of a carrier.
(b) “Business organization” means any enterprise,
whether a corporation, partnership, limited liability company, proprietorship,
association, business trust, real estate trust, nonprofit organization, or other form of organization, carrying on
any business activity within the state.
(c) “Buildings or structures” means a building or
structure located on an existing permanent foundation system to be moved to
another location and to be placed on a new, existing, or proposed permanent
foundation.
(d) “Building component” means an assembled
section of a modular building, ready for on-site assembly. This does not
include sheds.
(e) “Combination unit” vehicle means coupled
vehicles consisting of truck or tractor together with a trailer attached by a pintle
hook or a similar coupling system, or a 5th wheel coupling device,
with adequate breakaway protection as provided in RSA 266:63.
(f) “Convoy” means more than 2 vehicles with a
permitted load for the same individual or business organization traveling in a
row on the ways of the state.
(g) “Electronic permitting system” means the
department’s on-line electronic system to apply for a permit for vehicles,
objects, or vehicles and loads that are oversize, overweight, or both.
(h) “Emergency” means a calamity, existing or
imminent, caused by fire, flood, riot, windstorm, explosion, earthquake,
extreme weather, terrorist act, or act of God that requires immediate remedial
action to protect property or life.
(i) “Hauling unit” means a truck used to move a
load or a truck or tractor used to move a load with a trailing unit attached to
the truck or tractor.
(j) “Inclement weather” means atmospheric
conditions that may interfere with safe operation of a vehicle or load involved
in a move, including, but not limited to, fog, haze, heavy rain, freezing rain,
sleet, ice, snow, or wind.
(k) “Insufficient highway” means a highway:
(1)
That is not passable in any safe manner
by those vehicles permitted on the highway by state law; or
(2)
On which there exists a safety hazard
which is not reasonably discoverable or reasonably avoidable by a person who is
traveling upon the highway at posted speeds, in obedience to all posted
regulations, and in a manner which is reasonable and prudent as determined by
the condition and state of repair of the highway, including any warning signs,
and prevailing visibility and weather conditions.
(l) “Manufactured housing” means “manufactured
housing” as defined in RSA 205-D:1, XI, namely, “any
structure, transportable in one or more sections, which in the traveling mode, is 8
body feet or more in width and 40 body feet or more in length, or when erected
on site, is 320 square feet or more, and which is built on a permanent chassis
and designed to be used as a dwelling with or without a permanent foundation
when connected to required utilities, which include plumbing, heating, and
electrical heating systems contained therein. Manufactured housing as defined
in this section shall not include campers or recreational vehicles as defined
in RSA 216-I:1 or RSA 259:84-a; presite built housing
as defined in RSA 674:31-a; or modular buildings as defined in RSA 205-C:1, XI.”
(m) “Modular building” means “modular building” as
defined in RSA 205-C:1, XI, namely, “any building of closed construction, which
is made or assembled in manufacturing facilities off the building site, for
installation, or assembly and installation, on the building site. This
definition shall not be construed to include any structure labeled in accordance
with the Federal Manufactured Housing Construction and Safety Standards Act of
1974, nor shall it include any recreational vehicle or park trailer as defined
in American National Standards Institute A119.2, Standard for Recreational
Vehicles, or A119.5, Standard for Park Trailers, or any building type not
subject to the requirements of nationally recognized model building codes.”
(n) “Non-divisible
load” means any load or vehicle exceeding applicable size or weight limits
which, if separated into smaller loads or vehicles would:
(1) Compromise the intended use of the vehicle, that
is, make it unable to perform the function for which it was intended;
(2) Destroy the value of the load or vehicle, that
is, make it unusable for its intended purpose; or
(3) Require more than 8 work hours to dismantle
using appropriate equipment.
(o) “Permit office” means the permit office within
the bureau of highway maintenance of the department.
(p) “Permit” means a permit issued by the permit
office for a specific oversize, overweight, or both, load that is identifiable
by vehicle serial number or product specific identification number.
(q) “Permit service” means an individual or a
business organization that seeks to obtain single trip permits on behalf of individuals
or business organizations for oversize, overweight, or both, vehicles, objects,
or vehicles and loads.
(r) “Portable structure”, for the purpose of Tra 304.12, means a structure designed for exterior use,
such as a shed or gazebo, that is prefabricated at an off-site location and
then transported to a new location for installation and use.
(s) “Self-propelled” means a single unit vehicle
consisting of cab, chassis, and body not capable of carrying a load and not
primarily designed for drawing other vehicles.
(t) “Self-certification” means that the applicant
is self certifying that they have a performed a review of all state bridges on
the proposed route for the proposed load and that all state bridges are
adequate to carry the proposed load without any limitations or special
conditions.
(u) “Single unit” vehicle means a single piece
straight truck with a rigid frame connecting all axles.
(v) “Supermoves” means
moves which involve excessive weights and dimensions as further described in Tra 304.12(c).
(w) “Tandem axle” means “tandem axle” as defined
by RSA 259:107-a, namely, “2 consecutive axles whose centers may be included between parallel
vertical planes spaced at least 4 feet and not more than 10 feet apart,
extending across the full width of the vehicle, except that for vehicles being
driven on the interstate and defense highway system with a gross weight in
excess of 73,280 pounds a tandem axle shall be limited to 2 or more consecutive
axles whose centers may be included between parallel vertical planes spaced not
less than 40 nor more than 96 inches apart, extending across the full width of
the vehicle.”
(x) “Tractor" means “tractor” as defined in
RSA 259:108, namely, “any self-propelled vehicle designed or used as a traveling
power plant or for drawing other vehicles, but having no provision for carrying
a load, but shall not include off-highway recreational vehicles not designed or
equipped for highway use.”
(y) “Truck” means “truck” as defined in RSA
259:115-b, namely, “every
motor vehicle designed, used or maintained primarily for the transportation of
property.”
(z)
“Vehicle and load” means hauling unit, trailing
unit, if any, and load.
Source. #4129, eff 9-10-86, EXPIRED: 9-10-92
New. #5621, eff 5-4-93; ss by #6992, INTERIM, eff
5-5-99, EXPIRED: 9-2-99
New. #7193, eff 1-26-00, EXPIRED: 1-26-08
New. #10816, eff 4-23-15
Tra 304.04 When
Permit is Not Required.
(a) No permit shall be required for the movement
upon the ways of this state for the following vehicles:
(1) Any vehicle or load
dimension that is permissible in accordance with RSA 266:10, RSA 266:11, and
RSA 266:12, and any vehicle or load weight that is permissible in accordance
with RSA 266:18, RSA 266:18-a. RSA 266:18-b, or RSA 266:18-c;
(2) Any vehicle or vehicle and
load exempted under the length exceptions in RSA 266:11-a;
(3) Any vehicle or vehicle and
load exempted under the width exceptions in RSA 266:13, RSA 266:13-a, RSA
266:13-b, RSA 266:13-c, or RSA 266:15;
(4) Any vehicle or vehicle and
load exempted under the weight exceptions in RSA 266:19-a, RSA 266:21, RSA 266:21a, or RSA 266:23;
(5) Highway building equipment, vehicle and load, motor
vehicles, or construction materials exempted in RSA 266:20;
(6) Any vehicle exempted under
the truck axle length exception in RSA 266:24-a; or
(7) Equipment that is an implement of
husbandry designed, adapted, and used exclusively for agricultural,
horticultural, or livestock operations, but not on a for hire basis, for which
use on a public way is incidental to its intended function as defined in RSA
259:44.
(b) No additional New Hampshire permit shall be
required for vehicles driving upon the ways of this state in compliance with a
permit issued in accordance with the terms of the New England Transportation
Consortium (NETC) regional agreement authorized by RSA 266:24-b and recognized
as enforceable in New Hampshire.
Source. #4129, eff 9-10-86, EXPIRED: 9-10-92
New. #5621, eff 5-4-93; ss by #6992, INTERIM, eff
5-5-99, EXPIRED: 9-2-99
New. #7193, eff 1-26-00, EXPIRED: 1-26-08
New. #10816, eff 4-23-15
Tra 304.05 Types
of Recognitions and Permits Available under Tra 304.
An individual or business organization
may apply for one or more of the following issued by the permit office in
accordance with Tra 304:
(a) Recognition as a permit service, as provided
in Tra 304.08;
(b) Annual permit, as provided in Tra 304.09, including associated annual permit
supplementals, as provided in Tra 304.10;
(c) Emergency permit as provided in Tra 304.11; and
(d) Single-trip permit, as provided in Tra 304.12 and Tra 304.13.
Source. #4129, eff 9-10-86, EXPIRED: 9-10-92
New. #5621, eff 5-4-93; ss by #6992, INTERIM, eff
5-5-99, EXPIRED: 9-2-99
New. #7193, eff 1-26-00, EXPIRED: 1-26-08
New. #10816, eff 4-23-15
Tra 304.06 Permit
Applications; Availability and Filing.
(a) Application for an annual permit, annual
permit supplemental, or single-trip permit shall be made in the name of the
individual or business organization that is the registered owner of the hauling
unit that will actually perform the move. When a
permit service is making an application on behalf of an individual or business
organization, the name of the permit service shall be provided on the
application.
(b) The process shall require the applicant to:
(1) Accept the
user agreement on the permitting register webpage and click “go”;
(2) Complete a
user form to open an account; and
(3) Once the
applicant has an account, the applicant shall update the applicant and carrier
account information;
(c) An application for an annual permit or a
single-trip permit shall be filed with the permit office in electronic or paper
format.
(d) An application for an annual permit
supplemental shall be made:
(1)
Electronically, using the
electronic permitting system found at the department’s internet address
of “https://www.nhdotpermits.org/.”
with the required electronic signature;
(2) By
telephone, by calling the permit office at (603) 271-2691; or
(3) In person, from the permit office located at the
(e) An applicant may obtain a paper application as
follows:
(1) Online at
the department’s Internet address of: https://www.nhdotpermits.org/
;
(2) By sending
a request in writing, with a self-addressed stamped return envelope, to the
permit office at the following address:
New Hampshire Department of Transportation
Oversize and Overweight Permit Office
(3) In person, from the permit office located at
the
(4) By
requesting an application by telephone, by calling the permit office at (603)
271-2691.
(f) A paper application shall be:
(1) Filed in person at
the
(2) Sent by mail, addressed to:
New Hampshire Department of Transportation
Oversize and Overweight Permit Office
(g) If travel is on other than state roads or
bridges, the applicant shall obtain permission from the selectman, council,
trustee, or other appropriate officials with jurisdiction over the roads or
bridges.
Source. #4129, eff 9-10-86, EXPIRED: 9-10-92
New. #5621, eff 5-4-93; ss by #6992, INTERIM, eff
5-5-99, EXPIRED: 9-2-99
New. #7193, eff 1-26-00, EXPIRED: 1-26-08
New. #10816, eff 4-23-15
Tra 304.07 Processing
of Permit Applications; General Requirements.
(a) Except
for (d) below, this section shall not apply to the processing of emergency
permit applications as provided in Tra 304.11.
(b) Upon receipt of an application, the permit
office shall determine if the application is complete. If the application is not
complete, the permit office shall notify the applicant and allow the applicant
to complete and resubmit the application.
(c) Within 30 days after receipt of a complete
application, the permit office shall determine whether to grant the permit in accordance
with Tra 304, unless the permit office requires
additional information to process the application. If the permit office
requires additional information to process the application, the permit office
shall determine whether to grant the permit within 30 days after receipt of all
additional information required by the permit office.
(d) The permit office shall not grant an annual
permit, annual permit supplemental, emergency permit, or single trip permit if
the permit office determines that it would be unsafe or impossible for the
vehicle, object, or vehicle and load to accomplish the move, taking
into account:
(1)
The configuration of the vehicle;
(2)
The maximum length, width, and height
dimensions or weight of the vehicle, object, or vehicle and load;
(3)
The parameters of the route;
(4)
Obstacles on the route;
(5)
The turning radius of the vehicle,
object, or vehicle and load;
(6)
Any restrictive bridge weight posting;
(7)
Construction in progress along the
route; or
(8)
Condition of the highway.
(e) For a single trip permit and annual permit
single trip supplemental, the permit office shall also take
into account, in addition to the factors listed in (d) above,
anticipated weather and time of day.
(f) Except as otherwise provided in Tra 304.12(c) for a supermove,
based on safety considerations, including the particular route, the permit
office shall require the applicant for an oversize, overweight, or both,
vehicle, object, or vehicle and load to provide, at the applicant’s expense,
the following information, unless the permit office has on file current
engineering information applicable to the proposed route and the proposed
vehicle, object, or vehicle and load:
(1) A written report of an
engineering inspection, performed by a professional engineer licensed in New
Hampshire, certifying that the pavement and highway structures, including
bridges, are adequate to support the move along the entire route;
(2) A confirmation from the
applicable highway district engineer, the bureau of bridge design
or designees, or both, that the pavement and highway structures,
including bridges, of the proposed route meet the criteria specified in (1)
above; and
(3) Approved bridge review by the department or an application with an
acceptable self-certification of the proposed route.
(g) The permit office shall require the applicant
to provide, at the applicant’s expense, a physical route survey identifying the
minimum clearances along the proposed route, taking into consideration all physical
obstructions, if:
(1) The height of the
vehicle, object, or vehicle and load is greater than 13 feet 6 inches;
(2)
The length of the vehicle, object, or
vehicle and load is greater than 110 feet; or
(3)
The permit office determines that the proposed
route poses a potential clearance problem.
(h) If the permit office determines that the
applicant qualifies for a permit under Tra 304, the
permit office shall:
(1) Compute the fee in
accordance with RSA 266:22;
(2) Collect the fee from the applicant;
(3) Endorse the permit with any
provisions applicable to the vehicle, object, or vehicle and load by reason of:
a. The general terms and
conditions specified in Tra 304.14;
b. The provisions specified in Tra 304.13, Tra 304.15, and Tra 304.16;
c. The escort vehicle
requirements specified in Tra 304.17;
d. Any specific conditions
imposed pursuant to RSA 266:23 and Tra 304; or
e. Any special conditions that
the department determines are in the best interest of the safety of the traveling
public or will protect the highways and bridges; and
(4) Issue the permit to the
applicant.
(i) If the permit
office determines that the applicant does not qualify for a permit under Tra 304, the permit office will:
(1) Provide the applicant with
notice of the final denial;
(2) Specify the grounds upon
which the denial is based; and
(3) Advise the applicant of the
applicant’s right to request a hearing pursuant to Tra
304.20.
Source. #4129, eff 9-10-86, EXPIRED: 9-10-92
New.
#5621, eff 5-4-93; ss by #6992, INTERIM,
eff 5-5-99, EXPIRED: 9-2-99
New. #7193, eff 1-26-00, EXPIRED: 1-26-08
New. #10816, eff 4-23-15
Tra
304.08 Recognition as a Permit
Service.
(a)
The issuance of an active account by the permit office for a permit
service by means of the electronic permitting system shall constitute
recognition of the permit service.
(b)
An individual or business organization seeking recognition as a permit
service shall provide the following information to the permit office:
(1)
Permit service name;
(2) The
permit service’s permanent address, including street, city, state, country, and
postal code;
(3)
Full name of the administrator for the service;
(4)
Telephone number of the administrator; and
(5) An
active electronic mail address for the administrator or company;
(c)
The permit office shall assign:
(1) A
user ID name unique to the administrator; and
(2) A
user password unique to the administrator.
(d)
Recognition as a permit service shall not:
(1) Create
or constitute a contractual relationship between the state and the service;
(2) Be
construed to be a license within the meaning of RSA 541-A:1, VIII; or
(3) Constitute any form of endorsement by the
state of the quality of the permit service to potential users of the service.
(e)
A permit service that has received recognition from the department shall
notify the department of any change to the information required under (b)(1)-(5)
above, within 5 calendar days of the change.
(f)
Any employee listed as an administrator by the permit service shall be
authorized to identify to the department any clerks, by user
name and password, employed by the permit service for use in the electronic
permitting system. An administrator or a
clerk identified by an administrator shall be authorized to make
applications for single trip permits for clients of the permit service using
the department’s electronic permitting system.
An administrator shall place any terminated clerk into inactive status
in the department’s electronic permitting system and shall notify the
department in writing or email of the termination.
Source. #5621, eff 5-4-93; ss by #6992, INTERIM, eff 5-5-99,
EXPIRED: 9-2-99
New. #7193, eff 1-26-00, EXPIRED: 1-26-08
New. #10816, eff 4-23-15
Tra 304.09 Annual
Permit; Application; Processing; Expiration.
(a) An applicant applying for an annual permit
shall provide the following information to the department on the department’s
electronic permitting system, with Items 1-7 below being provided when the applicant
establishes an account in the electronic permitting system:
(1) The carrier’s name;
(2) The carrier’s permanent
address, including street, city, state, country, and postal code;
(3) The carrier’s mailing
address, if different from the permanent address;
(4) If the carrier’s permanent
address is not in New Hampshire and the carrier has a business location in New
Hampshire, the address of the carrier’s business location in New Hampshire,
including street, city, and postal code;
(5) Full name of the contact
person for the carrier;
(6) Telephone number of the
contact person; and
(7) An active electronic mail
address for the contact person or company;
(8) The category of the load,
which shall be one of the following:
a. Construction equipment and
miscellaneous; or
b. Self propelled;
(9) Whether the request is to
operate:
a. Within a limited radius of
100 miles or less from the applicant’s home location and provided that the
permit can apply only to an operating area within the state of
b. Within a specified area; or
c. On a statewide basis; and
(10) A description of the
hauling unit, specifying:
a. The vehicle type, which shall
be one of the following:
1. Tractor; or
2. Truck;
b. The state of registration of
the hauling unit;
c. The plate registration of the
hauling unit;
d. The registered weight of the
hauling unit; and
e. The total number of axles of
the hauling unit.
(b) The permit
office shall assign the applicant the following in the electronic permitting
system, unless the applicant selects their own user name
and password as allowed in (c) below:
(1) A user ID name unique to the
applicant; and
(2) A user password unique to
the applicant.
(c) The applicant may assign in the electronic
permitting system:
(1) A user ID name unique to the
applicant, created by the applicant; and
(2) A user password unique to
the applicant, created by the applicant.
(d) Subject to the requirements of Tra 304, the permit office shall grant an annual permit
for:
(1) A single hauling unit that exceeds the width
or length limitations of RSA 266, but does not exceed any of the following:
a. A length of 45 feet, 0 inches;
b. A width of 10 feet, 6 inches;
c. A height of 13 feet, 6 inches;
or
d. The legally
registered weight of the truck in
(2)
Combined tractor, trailing unit, and
load that exceed the width or length limitations of RSA 266, but do not exceed
any of the following:
a. A length of 75 feet, 0 inches;
b. A width of 10 feet, 6 inches;
c. A height of 13 feet, 6
inches; or
d. The legally registered weight
of the tractor in
(e) The
holder of an annual permit granted under Tra
304.09(d) may apply for a single-trip supplemental or round trip by reverse
route supplemental as provided in Tra 304.10(c).
(f) An
annual permit shall be valid on all class I and class II highways within the
area(s) indicated on the permit, except for bridges and highways posted for
less than the permitted weight of the vehicle and load.
(g) An annual permit shall expire one year after
the date of issuance of the permit.
(h) An annual permit or annual permit supplemental
shall not be available for a supermove, as described
in Tra 304.12(c).
Source. #5621, eff 5-4-93; ss by #6992, INTERIM, eff 5-5-99,
EXPIRED: 9-2-99
New. #7193, eff 1-26-00, EXPIRED: 1-26-08
New. #10816, eff 4-23-15
Tra 304.10 Annual
Permit Supplementals; Application; Expiration.
(a) The
permit office shall issue the following types of annual permit supplementals:
(1)
Single-trip supplemental or round-trip
return by reverse route supplemental, formerly known as an “instant permit,” as
set forth below in Tra 304.10(c); and
(2)
Emergency supplemental, as set forth
below in Tra 304.10 (f).
(b) The holder of an annual permit may apply for
an annual permit supplemental. An annual permit supplemental shall allow the
permit holder to exceed a condition(s) specified in the annual permit for the
category of load, hauling unit, and trailing unit, if any, as specified in
(c)-(g) below.
(c) A single-trip supplemental or round trip return by reverse route supplemental shall allow
a permit holder to make a move exceeding any of the dimensions specified on the
annual permit, in accordance with the conditions specified in the supplemental.
A single-trip supplemental or round trip return by
reverse route supplemental is only valid for the specific load as described on
(d) (3) (g) below.
(d) An applicant for a single trip supplemental or
round trip return by reverse route supplemental shall
provide the following information to the permit office electronically, by
telephone or in person at the permit office on a supplemental permit form:
(1)
The number of the annual permit;
(2)
The following information relative to
the itinerary of the move:
a.
Anticipated start date;
b.
Points of origin and destination;
c.
The specific route between the points of
origin and the destination; and
d.
Return trip information if applicable; and
(3)
The following information relative to
the vehicle and load:
a.
Total gross weight of the vehicle and load;
b. Overall length of the vehicle and load;
c. Overall width of the vehicle and load;
d. Overall height of the vehicle and load;
e. The total number of axles, proposed axle
weights, center-to-center axle spacings, and manufacturer maximum axle ratings;
f. Manufacturer maximum tire capacity, number of
tires per axle, and total axle tire capacity;
g.
Description of the load including equipment serial number or identification
number for other loads;
h. GVWR/GCWR of the hauling unit and all
components of the hauling equipment; and
i. Proposed load for
each part of the permit vehicle, if requested.
(e) An emergency supplemental shall allow a permit
holder to move vehicles or vehicles and loads in response to an emergency
during the period of time covered by the annual
permit, for the type(s) of emergency specified in the emergency supplemental.
(f) An applicant for an emergency supplemental shall
provide the following information to the permit office on a supplemental permit
form:
(1)
The number of the annual permit;
(2)
The following information relative to
the emergency move(s):
a.
Type of emergency;
b.
Anticipated routes to be traveled in
response to the emergency;
c.
Type of vehicle and load that will need
to be moved in response to the emergency; and
d.
State, city, town, or agency contact
name and telephone number to verify the nature of the emergency; and
(3)
The following information relative to
the anticipated vehicle and load:
a. Total gross weight of the vehicle and load;
b. Overall length of the vehicle and load;
c. Overall width of the vehicle and load;
d. Overall height of the vehicle and load;
e. The total number of axles, proposed axle
weights, center-to-center axle spacings, and manufacturer maximum axle ratings;
f. Manufacturer maximum tire capacity, number of
tires per axle, and total axle tire capacity;
g. Description of the load including equipment
serial number or identification number for other loads;
h. GVWR/GCWR of the hauling unit and all
components of the hauling equipment; and
i. Proposed load for
each part of the permit vehicle, if requested.
(g) A single-trip supplemental shall expire on the
date specified in the permit for the completion of the move or upon completion
of the move, whichever occurs first.
(h) A round trip return by reverse route
supplemental shall expire on the date specified in the permit for the
completion of the move or upon the completion of the move, whichever occurs
first.
(i) An emergency supplemental shall expire upon
the date specified in the permit for the completion of the move, upon
completion of the move, or the expiration of the permit it supplements, whichever
occurs first.
Source. #5621, eff 5-4-93; ss by EMERGENCY #5678, eff
7-30-93, EXPIRED: 11-27-93
New. #5831, eff 5-26-94; ss by #6992, INTERIM, eff
5-5-99, EXPIRED: 9-2-99
New. #7193, eff 1-26-00, EXPIRED: 1-26-08
New. #10816, eff 4-23-15
Tra 304.11 Emergency
Permit; Processing; Expiration.
(a) An applicant seeking to move a load in
response to an emergency shall be granted an emergency permit if the applicant follows
the procedures and meets the criteria provided in this section.
(b) If the emergency arises during regular
business hours, a supplemental application for an emergency supplemental permit
shall be made:
(1) Electronically, using the electronic permitting system by calling the
permit office at (603) 271-2691; or
(2) In person, at the permit office located in
the
(c) If the emergency arises outside of regular
business hours, a supplemental application for an emergency permit shall be
made electronically using the electronic permitting system followed by calling
the transportation management center at 603-271-6862.
(d) An applicant for an emergency permit under
this section shall provide all required information on a supplemental
application, up to and including:
(1) The applicant’s name;
(2) The applicant’s permanent
address, including street, city, state, country, and postal code;
(3) The applicant’s mailing
address, if different from the permanent address;
(4) The applicant’s telephone number;
(5) State, city, town, or
agency contact name and telephone number to verify the nature of the emergency;
(6)
An active electronic email address for
the contact person;
(7)
The following information relative to
the vehicle and load:
a. Total gross weight of the vehicle and load;
b. Overall length of the vehicle and load;
c. Overall width of the vehicle and load;
d. Overall height of the vehicle and load;
e. The total number of axles, proposed axle
weights, center-to-center axle spacings, and manufacturer maximum axle ratings;
f. Manufacturer maximum tire capacity, and
number of tires per axle, and total axle tire capacity;
g. Description of the load including equipment
serial number or identification number for other loads;
h.
GVWR/GCWR of the hauling unit and all
components of the hauling equipment; and
i. Proposed load for
each part of the permit vehicle, if requested;
(8) The reason for the emergency
permit;
(9) The applicant’s proposed
action; and
(10) The specific route(s) for
the emergency move;
(e) The department shall issue an emergency permit
to the applicant, if department determines:
(1) The emergency constitutes an
imminent threat to public health, safety, or property; and
(2) The movement is in the interest
of public safety.
(f) An emergency permit issued under this section
shall expire at the conclusion of the emergency.
Source. #5621, eff 5-4-93; ss by #6992, INTERIM, eff 5-5-99,
EXPIRED: 9-2-99
New. #7193, eff 1-26-00, EXPIRED: 1-26-08
New. #10816, eff 4-23-15
Tra 304.12 Single-Trip
Permit; Application; Processing; Expiration.
(a) An applicant for a single-trip permit to make
a single move of a load exceeding a size or weight allowed by RSA 266 shall
provide the following information to the permit office on the single trip
application form, with items (1)-(6) below being provided when the carrier
establishes an account in the electronic permitting system:
(1) The applicant’s name;
(2) The applicant’s permanent address,
including street, city, state, country, and postal code;
(3) The applicant’s mailing
address, if different from the permanent address;
(4) Full name of the contact
person for the applicant;
(5) Telephone number of the
contact person or company;
(6) An active electronic mail
address for the contact person or company;
(7) A description of the load;
(8) The following information
regarding the itinerary of the move:
a. Anticipated start date;
b. Point of origin and the destination; and
c. The specific route between
the points of origin and the destination;
(9) The requested effective date
for the permit;
(10) A description of the
hauling unit, specifying:
a. The vehicle type, which shall be one of the following:
1. Tractor; or
2. Truck;
b. The state of registration of
the hauling unit;
c. The plate registration number
of the hauling unit;
d. The registered weight of the
hauling unit;
e. The total number of axles,
proposed axle weights, center-to-center axle spacings, and manufacturer maximum
axle ratings of the hauling unit;
f. Manufacturer maximum tire capacity, number or tires per axle, and total axle tire
capacity; and
g. GVWR/GCWR of the hauling unit;
(11) A description of the
trailing unit(s), specifying:
a. The trailer type(s), which
shall be one of the following:
1. Trailer;
2. Item in tow;
3. Jeep dolly;
4. Pivoting booster;
5. Rear-steering dolly;
6. Semi-trailer;
7. Stretched semi-trailer;
8. Tag-along; or
9. Other, as specified by the applicant;
b. State of registration of the trailing unit(s);
c. Plate registration number of the trailing unit(s);
d. Length of the trailing unit(s);
e. Number of axles, center-to-center axle spacings, manufacturer maximum axle
rating, and proposed axle weights of the trailing unit(s);
f. Manufacturer maximum tire
capacity, number of tires per axle, total axle tire capacity, and proposed tire loads of the trailing unit;
g. Description of the load including equipment
serial number or identification number for other loads; and
h. GVWR/GCWR of the trailing unit(s); and
(12) The following information
relative to the vehicle and load:
a.
Total gross weight of the vehicle and load;
b.
The total number of axles;
c.
Overall length of the vehicle and load;
d.
Overall width of the vehicle and load;
e.
Overall height of the vehicle and load;
and
f.
The load on each component of the
vehicle and hauling equipment, if requested.
(b) The permit office shall not issue a
single-trip permit, except as otherwise provided in (c) and (g) below and in Tra 304.13, for a vehicle and load that:
(1) Exceeds
a width of 15
feet, 0 inches;
(2) Exceeds
a length of 110 feet 0 inches;
(3) Exceeds
a height of 13 feet 6 inches; or
(4) Exceeds a gross vehicle and load total weight that
qualifies for a supermove as described in (c) below.
(c) The following shall be classified as a supermove:
(1) The vehicle and load exceeds
15 feet 0 inches in width or exceeds 110 feet 0 inches in length, or both;
(2) The load exceeds a height of 13 feet 6
inches; or
(3) The weight exceeds 149,999 pounds.
(d) A vehicle, object, or vehicle and load shall
be classified as a supermove based on the following:
(1) The factors listed
in Tra 304.07(d)(1)-(8);
(2) The safety of the public;
(3) Anticipated
traffic; and
(4) The likelihood of
damage to transportation infrastructure and/or roadside objects.
(e) For a supermove
permit, the permit office shall require the applicant to provide, at the
applicant’s own expense, the following information in addition to the
information required under (a) above, unless the permit office has on file
current engineering information applicable to the proposed route and the
proposed vehicle, object, or vehicle and load:
(1) A written report of an
engineering inspection, performed by a professional engineer licensed in
a. The vehicle and equipment are
adequate to safely perform the move;
b. The pavement and highway structure, including bridges, are adequate to
support the move along the entire route without sustaining damage, and
c. There are adequate vertical and horizontal clearances and turning paths along
the entire route; and
(2) A confirmation from the
applicable turnpike/highway district engineer, the bureau of bridge design or
designees, or both, that the proposed route meets each of the criteria
specified in (1) b. and c. above.
(f) When the permit office issues a permit for a supermove, it shall be for a date and time of day when the
move can be safely carried out, which may be at any time of day on either a
weekday or a weekend day, and the permit shall be valid for the date(s) and
time(s) specified in the permit. The permit fee for a supermove
shall be calculated in accordance with RSA 266:22. An annual permit
supplemental shall not be issued for supermoves.
(g) A load consisting of buildings, structures,
and portable structures upon an independent carriage assembly exceeding 12 feet
0 inches in width shall be subject to the following conditions:
(1) No such load, except as
provided in (2) below, shall be moved upon any portion of the interstate
highway system or on the toll highway system;
(2) A building, structure, or
portable structure that is designed and constructed to be appropriate for transport
upon the interstate highway system or on the toll highway system shall be
allowed if:
a. The applicant provides, at the applicant’s own expense, documentation that the:
1.
Proposed move meets the criteria listed
in (5) a. – d. below; and
2.
Building, structure, or portable structure will withstand the anticipated
travel conditions of the proposed move; and
b. The move is approved by the
applicable turnpike/district engineer or the bureau of bridge design (or
designees), or both, after review of the applicant’s documentation;
(3) On all state highways, other
than those listed in (1) above, if a move is within the boundaries of a highway
construction project or highway construction zone, the move shall be
coordinated with the prime state contractor to avoid conflicts with scheduled work;
(4) If the route through a
highway construction project or highway construction zone is over a new highway
section not yet maintained for vehicular traffic, the applicant shall obtain
written approval from the prime state contractor who controls the new highway
section; and
(5) The applicable
turnpike/district engineer or bureau of bridge design or designees, or both,
shall review the request and confirm that:
a. The building or structure to
be moved is structurally sound;
b. The vehicle and equipment are adequate to safely perform the move;
c. The pavement and highway
structures, including bridges, are adequate to support the move along the
entire route without sustaining damage; and
d. There are adequate horizontal
and vertical clearances and turning paths along the entire route.
(h) The requirements of (g) above shall not apply
to manufactured housing or modular buildings.
(i) Except as
otherwise provided in (f) above, a permit for a vehicle, object, or vehicle and
load that is oversize, overweight, or oversize and overweight shall be valid
for 5 business days. When requested by
the applicant, a permit for a round trip return by reverse route shall be valid
for 10 business days. The calculation of
the 5 or 10 business days shall include the date the permit takes effect.
Source. #5621, eff 5-4-93; ss by #6992, INTERIM, eff 5-5-99,
EXPIRED: 9-2-99
New. #7193, eff 1-26-00, EXPIRED: 1-26-08
New. #10816, eff 4-23-15
Tra
304.13 Special Provisions for
Single-Trip Permits for Manufactured Housing,
(a)
The movement of manufactured housing, a modular building, or building
components shall require a single-trip permit issued under Tra
304.12.
(b)
The movement of manufactured housing, modular buildings, and building
components that exceed 16 feet 0 inches in width shall not be allowed.
(c)
When calculating the maximum width dimensions allowed under this
section, there shall be an additional 6-inch allowance for overhanging eave(s)
on the right-hand shoulder side of the highway in the direction of travel. Any
eave overhang on the left side shall be considered part of the maximum width
dimension.
(d)
A single trip permit for movement of a vehicle hauling manufactured
housing, modular buildings, or building components shall be subject to the
following conditions:
(1) The manufacturer's specifications
regarding maximum capacities for the equipment employed in transporting
manufactured housing units shall not be exceeded;
(2) The towing vehicle for manufactured housing
units which exceed 10 feet 0 inches in width shall be a truck-tractor of not
less than 2-ton capacity, equipped with dual wheels on each side of the drive axle;
(3) The transport vehicles, including trailers,
shall have the following equipment:
a. Brakes;
b. Clearance lights;
c. Reflectors;
d.
Safety chains to restrain
the trailer to the truck or tractor if the coupling fails; and
e. Emergency brakes;
(4) Moves shall be prohibited when ground surface
wind velocity exceeds 25 miles per hour;
(5) When traffic following a permitted move of manufactured
housing, modular building, or building components has accumulated to 7 or more
vehicles because of the permitted move, the transport vehicle and escort(s)
shall yield the right-of-way for these vehicles to pass at the nearest
accessible and safe location;
(6) No movement shall be permitted in the form of
a convoy; and
(7)
All other conditions, restrictions, and
requirements of Tra 304 shall apply to such
movements.
(e)
A single trip permit issued under Tra 304.12
for movement of a vehicle hauling manufactured housing, modular building, or
building components, with overall measurements of up to 110 feet 0 inches in
length, equal to or less than 14 feet 6 inches in height, and equal to or less
than 14 feet 0 inches in width, shall be allowed to move from Monday through
Friday, unless otherwise suspended by a holiday, weather condition, or other
control regulation contained in Tra 304 or noted on
the face of the permit.
(f)
A single trip permit issued under Tra 304.12
for movement of a vehicle hauling manufactured housing, modular building, or
building components, with overall measurements of up to 110 feet 0 inches in
length, equal to or less than 14 feet 6 inches in height, and greater than 14
feet 0 inches but equal to or less than 16 feet 0 inches in width, shall be
subject to the following conditions:
(1) Movements shall be limited to Tuesdays,
Wednesdays, and Thursdays, unless otherwise suspended by a holiday, weather
condition, or other control regulation contained in Tra
304 or as noted on the face of the permit;
(2)
Except as otherwise provided in (3) below, the movements shall be
restricted to highways featuring a minimum pavement width of 24 feet 0 inches and minimum paved
shoulders of 8 feet 0 inches, from point of origin to point of delivery; and
(3) Travel on highways
that do not meet the minimum dimensions in (2) above shall be permitted under
the following circumstances:
a. The vehicle is
moving from the point of origin of the manufactured housing, modular building,
or building components, including, but not limited to, the manufacturer site
and dealership;
b. The vehicle is
moving to the point of final destination;
c. The travel lanes
are of sufficient width to allow safe passage and turning;
d. The highway shoulders
are of sufficient condition and width to allow emergency travel or stopping of
the vehicle and load;
e. The route contains
one or more passing zones which allow other motorists unimpeded safe travel
past a slow moving vehicle and load;
f. The route contains
sufficient sight distance at intersections to allow for safe stopping and
passage of the vehicle and load through intersections; and
g. The vehicle and
load are physically able to safely negotiate turns along the designated route.
(g)
A single trip permit issued under Tra 304.12
for movement of a vehicle hauling manufactured housing, modular building, or
building components shall be subject to the following escort requirements:
(1) If any of the following applies, one
non-police escort shall be required:
a. The overall length is equal to or greater
than 90 feet 0 inches;
b. The overall width is equal to or greater than
12 feet 0 inches;
c. The overall height is greater than 14 feet 6
inches; or
d. The front or rear overhang is equal to or
greater than 15 feet 0 inches;
(2) Two non-police escorts shall be required if:
a. The overall width is equal to or greater than
12 feet 0 inches; and
b. The front or rear overhang is equal to or
greater than 15 feet 0 inches;
(3) If the overall length is equal to or greater
than 100 feet 0 inches, one state police escort shall be required;
(4) If the overall width exceeds 14 feet 0 inches,
a total of 2 state police escorts shall be required, including any state police
escorts already required under (3) above;
(5) No more than 2 non-police escorts shall be
required under (1) and (2) above, but any state police escort(s) required under
(3) or (4) above shall be in addition to any required non-police escort(s);
(6)
If the movement requires highway closure or closure of a portion of a highway,
3 state police escorts shall be required, provided that any state police
escorts already required under (1)-(5) above shall be included in counting the
3 state police escorts required under this subparagraph (6); and
(7) If the permit office determines that the
anticipated highway traffic or weather conditions indicate that the safety of
the public would be increased or the likelihood of damage of roadside objects
would be reduced by requiring non-police or state police escort vehicle(s) not
already required under (3)-(6) above, the permit office shall require such
additional escort vehicle(s).
Source. #10816, eff 4-23-15
Tra
304.14 General Terms and Conditions.
(a)
All permits shall be subject to the following general conditions:
(1)
Permits shall be issued only for the individual or business organization
that is the registered owner of the hauling unit that will actually do the hauling;
(2)
Permits shall not be issued for loads that can be reasonably reduced to
legal size or weight, or both, such as, but not limited to, the situation when
attachments can be removed from the equipment to reduce an oversize load to
within legal limits in accordance with Tra 304.03 (n);
(3) The
permit office shall not issue a permit for any hauling vehicle equipped with
dealer plates to transport a load in violation of RSA 261 or any rules adopted
under RSA 261;
(4) The
permit office shall not issue a permit for any vehicle registered outside of
the state of New Hampshire for movement of a load between 2 points in New
Hampshire, unless the vehicle is registered under the international
registration plan (IRP) and New Hampshire is listed on the IRP certificate;
(5)
Travel shall only be authorized on those state-maintained highways and
bridges over which the department has jurisdiction;
(6) The permit shall be subject to the
restrictions contained in seasonal and other postings on posted bridges and
highways. and
(7) Failure to abide by the permit terms and
conditions shall render the permit invalid.
(b) Notice
of the
status of oversize and overweight permit travel shall be posted on the NHDOT
online permitting website
at: https://www.nhdotpermits.org/
.
(c) The
applicant shall assume all responsibility for injury to persons or damage to
public or private property, including transportation infrastructure, caused
directly or indirectly by the transportation of the vehicle or load authorized
under the permit.
(d)
Acceptance of the permit by the applicant shall be deemed certification
by the applicant that:
(1) The
applicant is in compliance with all operational requirements;
(2)
Size and weight limitations specified in the permit shall not be exceeded;
(3) Registration and license requirements have
been met, including financial responsibility obligations; and
(4) The
applicant shall comply with all state and federal rules, regulations, and laws.
(e)
The permit shall be carried in the vehicle during the time of the move.
Carriers may provide an electronic copy of the permit to satisfy this
requirement.
(f)
If a holiday falls on a Sunday, the following Monday shall also be
restricted and if a holiday falls on a Saturday, the previous Friday shall also
be restricted.
(g)
Except as provided in (j) below, permits shall not be valid during the
following holidays and times:
(1) New Year's Day;
(2) Martin Luther King, Jr. Civil Rights Day;
(3) Washington's Birthday, also known as Presidents’
Day;
(4) Memorial Day;
(5) Independence Day;
(6) Labor Day;
(7) Columbus Day;
(8) Veterans Day;
(9) Thanksgiving Day and the following day; and
(10) Christmas Day.
(h) Permits for oversize or oversize and
overweight vehicles and loads shall not be valid on weekend days, except when
otherwise provided for a supermove permit or a
single-trip permit for a load consisting of buildings or structures upon an
independent carriage assembly exceeding 12 feet 0 inches in width.
(i) Except as provided in (j) below or when otherwise
provided for a supermove permit or a single-trip
permit for a load consisting of buildings or structures upon an independent
carriage assembly exceeding 12 feet 0 inches in width, travel shall be
restricted to daylight hours, which are ½ hour before sunrise and ½ hour after
sunset.
(j)
Vehicles that are overweight only and operated at normal traffic speeds
shall not be restricted to date and time of day movement, but
shall be subject to (k) below.
(k) No operator shall move an oversize, overweight,
or oversize and overweight vehicle, or vehicle and load, on an existing permit
during a period of inclement weather. A
vehicle that is underway when inclement weather occurs shall exit the highway
at the first available location and park in a safe place until the weather is
no longer inclement or the highway conditions improve
so as to allow the move to safely proceed. Notice of the status of oversize and
overweight permit travel will be posted on the NHDOT online permitting system
website at https://www.nhdotpermits.org/
(l)
Any self-propelled vehicle traveling under a permit shall carry no load
except manufacturers’ original equipment.
(m)
When traffic following a permitted move has accumulated to 7 or more
vehicles because of the permitted move, the permitted vehicle and load and
escort(s) shall yield the right-of-way at the nearest accessible and safe
location for these vehicles to pass.
(n)
Permits shall not be transferable to other pieces of equipment or product.
Source. #10816, eff 4-23-15
Tra
304.15 Vehicle and Load Markings and
Restrictions.
(a)
The extremities of all oversize loads shall be marked longitudinally and
laterally by fluorescent red, fluorescent orange, or MUTCD standard flags at
least 18 inches square, secured by at least 2 adjacent corners or mounted on a
staff.
(b)
Overwidth loads shall have at least 4 and up
to 6 flags mounted at the widest extremity and corners of the load. The flags
shall be placed so as not to increase the overall load width.
(c)
Overlength loads or loads with rear or front end
overhang shall display at least 4 flags at the corners of the load.
(d)
Warning signs shall be displayed during the move on the front of the
hauling unit and on the rear of the vehicle or load where license plate is not
obstructed. The sign shall read "OVERSIZE LOAD." The signs shall not
be less than 7 feet 0 inches wide and 18 inches high with 10-inch
high black letters featuring a 1.4-inch brush stroke on a yellow background.
Signs shall be made of durable material unaffected by moisture.
(e)
All oversize load signs shall be removed, covered, or otherwise sight
restricted when not being used for an oversize move.
(f)
The hauling vehicle shall have an operating, top-mounted, flashing or
strobe amber light visible for 1000 feet in all directions;
(g) No movement shall be permitted in
the form of a convoy.
Source. #10816, eff 4-23-15
Tra
304.16 Route Approval.
(a)
If the movement is on other than a state highway system, the applicant
shall obtain permission from the governing body with jurisdiction over the
highway, such as selectmen, city council, trustees, or other appropriate
officials.
(b)
Movement shall be restricted to the specific routes designated on the
permit.
(c)
No permit for movement of an oversize, overweight, or both, vehicle,
object, or vehicle and load shall be effective during a period of inclement
weather.
(d)
A permit shall restrict the movement of an oversize, overweight, or both,
vehicle, object, or vehicle and load to a specific route.
(e)
The timing and route of any single-trip move shall be restricted if safe
movement of the vehicle, object, or vehicle and load requires the move to:
(1)
Occur at a time not permitted by Tra 304.14(f)
and (g);
(2)
Occur in an unusual manner, including, but not limited to, unusually
slow movements, movements with extra required stops, or wrong-way movements; or
(3) Be
facilitated by law enforcement officials to maintain the safety of motorists.
Source. #10816, eff 4-23-15
Tra
304.17 Escort Vehicles.
(a)
The number of escort vehicle(s) required for manufactured housing,
modular buildings, and building components shall be as provided in Tra 304.13(g).
(b)
No escort shall be required for a vehicle and load with:
(1) An overall width of less than 12 feet 0 inches;
(2) An overall length of less than 90 feet 0
inches; and
(3) A rear overhang
of less than 15 feet 0 inches, provided that load marking flags are
displayed as required in Tra 304.15.
(c)
An applicant for a permit under Tra 304 shall
be required to furnish one non-police escort vehicle for an oversize vehicle,
object or vehicle and load, if:
(1) The overall width is equal to or greater than
12 feet 0 inches and less than 14 feet 0 inches;
(2) The overall length is equal to or greater
than 90 feet 0 inches;
(3) The overall height is greater than 14 feet 0
inches; or
(4) There is a front or rear overhang of equal to
or greater than 15 feet 0 inches.
(d)
An applicant for a permit under Tra 304 shall
be required to furnish a second non-police escort vehicle for an oversize load
or hauling vehicle if the vehicle and load have a combination of a rear
overhang of 15 feet 0 inches or more and a width of 12 feet 0 inches or more.
(e)
If the vehicle and load are 100 feet 0
inches or more in length, one state police escort vehicle, in addition to any
non-police escort vehicle required under (c) or (d) above, shall be required,
unless the state police determine that weather conditions, visibility, traffic
flow, or other conditions do not compromise safe movement.
(f)
If the overall width exceeds 14 feet 0 inches, a total of 2 state police
escorts shall be required, including any state police escorts already required
under (e) above.
(g)
No more than 2 non-police escorts shall be required under (c) and (d)
above, but any state police escort(s) required under (e) or (f) above shall be
in addition to any required non-police escort(s).
(h)
If the movement requires highway closure
or closure of a portion of a highway, 3 state police escorts shall be required,
provided that any state police escorts already required under (e)-(f) above
shall be included in counting the 3 state police escorts required under this
subparagraph (h).
(i) The permit office shall determine the number
of non-police and state police escort vehicles required to safely effect the
required traffic control of any move, taking into consideration the safety of
the public, the characteristics of the specific route, anticipated traffic, and
the reduction of the likelihood of damage to roadside objects. If the permit office determines that the
number of escort vehicle(s) required under (c)-(g) above is inadequate for
these purposes, the permit office shall require sufficient additional
non-police or state police, or both, escort vehicle(s) to safely accomplish the
move.
(j)
A non-police escort vehicle shall be a motor vehicle the size of a
compact car or larger, registered and inspected, with the following equipment
installed:
(1) An operating, top-mounted, flashing or strobe
amber light visible for 1000 feet in all directions;
(2) A 2-way radio using the same frequency as the
2-way radio in the vehicle it is escorting allowing contact with the permitted vehicle
and all escort vehicles, including state police, at all times;
and
(3) Two warning signs shall be displayed during
the move on the front and back of the vehicle or one sign above the roofline
where it is visible from the front and rear meeting the following standards:
a. The
sign shall contain the legend
reading “OVERSIZE
LOAD” in black letters not less than 10 inches high of a 1.4-inch stroke
on a yellow background;
b. The
sign shall be made of durable
material unaffected by moisture; and
c. The
shape of the warning sign shall be varied to fit the escort vehicle, with a
minimum size of 5 feet 0 inches wide and 12 inches high.
(k)
The following shall apply to the operation of an escort vehicle(s):
(1) The driver shall maintain 2-way radio contact
with the permitted vehicle and all escort vehicles and shall keep the permitted
vehicle and other escort vehicles, including state police, in the line of sight
at all times;
(2) All drivers shall operate escort vehicles with
headlights turned on in the low beam position at all times;
(3) When one escort is required, the driver shall
position the vehicle to precede a load on undivided highways and follow the
load on divided highways;
(4) When 2 escorts are required, one escort shall
precede the load and the other shall follow the load;
(5) When traffic following a permit move has
accumulated to 7 or more vehicles because of the permitted move, the driver(s)
shall yield the right-of-way at the nearest accessible, safe location for these
vehicles to pass; and
(6) When crossing a bridge on a 2-way highway,
when the bridge width is 24 feet 0 inches or less, the police escort shall stop
all traffic while the load is on the bridge.
Source. #10816, eff 4-23-15
Tra
304.18 Fees.
(a)
The following shall be issued permits without a fee:
(1)
Federal government agencies;
(2)
State government agencies; and
(3)
Local government subdivisions.
(b)
All permit fees shall be computed in accordance with RSA 266:22 and paid
prior to issuance of a permit.
(c)
Permit fees shall be paid by cash, credit card, debit card, check, money
order, or draft payable to the “Treasurer, State of
(d) Permit fees shall be paid by
credit card, debit card, check, money order, or draft payable to the
“Treasurer, State of
(e)
Permit fees shall be paid by credit card or debit card when the
applicant uses the electronic permitting system for an online application.
(f)
All permit fees shall be nonrefundable.
Source. #10816, eff 4-23-15
Tra
304.19 Violations and Enforcement.
(a) The department shall refer a matter to law
enforcement officials for enforcement, if the department has information that
the holder of the permit has:
(1) Violated any condition specified by the terms
of the permit as provided in RSA 266:16, RSA 266:24, RSA 266:25, RSA 266:26, or
Tra 304;
(2) Altered the language of the permit as
provided in RSA 641:7;
(3) Provided false information on the application
for the permit as provided in RSA 641:3; or
(4) Engaged in any other conduct that serves to
endanger the public health, safety, or welfare.
(b)
The department shall notify a permit service, in writing by certified
mail, if the department receives a complaint(s) from one or more permittees
that the permit service failed to process requests for permits within a
reasonable time or that the permit service misrepresented the rules of the
department to the permittee(s). The
permit service shall have 30 days to respond to the department regarding the
complaint(s). If the department determines that the complaint(s) is founded, it
shall notify the permit service, in writing by certified mail that it intends
to withdraw the permit service’s recognition.
If the department determines, after opportunity for a hearing under Tra 200, that the permit service has failed to process requests
for permits within a reasonable time, the department shall withdraw the permit
service’s recognition as a permit service.
(c)
The department shall revoke a permit issued under Tra
304 if the holder of the permit:
(1) Is convicted of a violation of any condition
specified by the terms of the permit as provided in RSA 266:16, RSA 266:24, RSA
266:25, RSA 266:26, or Tra 304;
(2) Is convicted of altering the language of the
permit as provided in RSA 641:7;
(3) Is convicted of providing false information
on the application for the permit as provided in RSA 641:3;
(4) Is convicted of a misdemeanor or felony
related to conduct while operating under the permit, that endangered the public
health, safety, or welfare; or
(5) Supplied inaccurate information to the permit
office on the basis of which the permit office issued
a permit.
(d) Recognition of a permit service shall be
withdrawn in the following instances:
(1) A permit service fails to maintain
accurate information regarding its name and contact information as required
under Tra 304.08(e); or
(2) The
permit
service has
provided inaccurate information to the permit office that has induced the
permit office to issue permits for movements that are not permitted by Tra 304.
Source. #10816, eff 4-23-15
Tra 304.20 Hearings. An individual or business organization shall
be entitled to a hearing in accordance with Tra 200
if the individual or business organization:
(a)
Is denied a permit or recognition as a permit service or special carrier
under Tra 304;
(b)
Is aggrieved by the imposition of a condition, limitation, restriction,
or fee relating to a permit issued under Tra 304;
(c)
Has received notice under Tra 304.19(b) that
the department intends to withdraw its recognition as a permit service;
(d)
Has had its recognition as a permit service withdrawn under Tra 304.19(d); or
(e)
Has had its permit revoked under Tra
304.19(c).
Source. #10816, eff 4-23-15
PART
Tra 305
RESERVED
PART
Tra 306
NOTIFICATION OF HIGHWAY INSUFFICIENCY
Statutory
Authority: RSA 230:80
Tra 306.01 -
306.07
Source. #5620, eff 5-4-93; ss by #6989, INTERIM, eff 5-5-99,
EXPIRED: 9-2-99
New. #7114, eff 9-25-99, EXPIRED: 9-25-07
PART
Tra 307
MOTORIST SERVICE SIGNING
Statutory
Authority: RSA 230:49; RSA 236:84; 23
CFR Sections 109(d); 131(f);315
Tra 307.01
Source. #5741, eff 1-1-94; ss by #6236, eff 4-30-96,
EXPIRED: 4-30-04
Tra
307.02
Source. #5741, eff 1-1-94, EXPIRED: 1-1-00
Tra 307.03
Source. #5741, eff 1-1-94; amd by #6236, eff 4-30-96,
(a)-(h) EXPIRED: 1-1-00, paragraph (i) - (n) EXPIRED: 4-30-04
Tra 307.04
Source. #5741, eff 1-1-94; amd by #6236, eff 4-30-96;
amd by #6399, eff 12-16-96, paragraphs (a), (e), (f), (h)-(l) EXPIRED: 1-1-00,
paragraphs (b), (c), (d), (g) & (m) EXPIRED: 4-30-04
Tra 307.05
Source. #5741, eff 1-1-94, EXPIRED: 1-1-00
Tra 307.06
Source. #5741, eff 1-1-94; amd by #6236, eff 4-30-96,
paragraphs (a) & (c) EXPIRED: 1-1-00, paragraph (b) EXPIRED: 4-30-04
Tra 307.07
Source. #5741, eff 1-1-94; amd by #6236, eff 4-30-96,
paragraphs (a)-(c) & (e) EXPIRED: 1-1-00, paragraph (d) EXPIRED: 4-30-04
Tra 307.08 –
307.16
Source. #5741, eff 1-1-94, EXPIRED: 1-1-00
Tra 307.17
Source. #5741, eff 1-1-94; amd by #6236, eff 4-30-96,
paragraphs (a), (b) & (d) EXPIRED: 1-1-00, paragraph (c) EXPIRED: 4-30-04
Tra 307.18 -
307.22
Source. #5741, eff 1-1-94, EXPIRED: 1-1-00
Tra 307.23
Source. #5741, eff 1-1-94; ss by #6236, eff 4-30-96,
EXPIRED: 4-30-04
Tra 307.24
Source. #5741, eff 1-1-94; amd by #6236, eff 4-30-96,
paragraphs (a) & (b)(2)-(4) EXPIRED: 1-1-00, paragraph (b)(1) EXPIRED: 4-30-04
Tra 307.25
Source. #5741, eff 1-1-94; amd by #6236, eff 4-30-96,
paragraphs (a) & (b) EXPIRED: 1-1-00, paragraph (c) EXPIRED: 4-30-04
Tra 307.26
Source. #5741, eff 1-1-94, EXPIRED: 1-1-00
Tra 307.27
Source. #5741, eff 1-1-94; amd by #6236, eff 4-30-96,
paragraphs (b)-(d) EXPIRED: 1-1-00, paragraph (a) EXPIRED: 4-30-04
Tra 307.28
Source. #5741, eff 1-1-94; amd by #6236, eff 4-30-96,
paragraph (e) EXPIRED: 1-1-00; paragraphs (a)-(d) EXPIRED: 4-30-04
Tra 307.29
Source. #5741, eff 1-1-94, EXPIRED: 1-1-00
Tra 307.30
Source. #5741, eff 1-1-94, EXPIRED: 1-1-00
PART
Tra 308
ADOPT-A-HIGHWAY
Statutory
Authority: RSA 230:83
Tra 308.01 – 308.11
Source.
#5796, eff 4-1-94; ss by #7217, eff
3-30-00, EXPIRED: 3-30-08
Tra 308.12
Source. #7217, eff 3-30-00, EXPIRED: 3-30-08
PART
Tra 309 USES
WITHIN STATE RIGHTS-OF-WAY - EXPIRED
Statutory
Authority: RSA 236:9, 236:10 and
236:18 23 CFR 1.23
Tra 309.01 -
309.13
Source. #6203, eff 3-15-96, EXPIRED: 3-15-04
PART Tra 311 Driving While Impaired (DWI) Victim Fatality
Sign Program
Tra 311.01 Purpose. The purpose of this part is to implement the
statutory requirements set forth in RSA 236:48-a regarding the erection and
maintenance of a DWI victim fatality sign memorializing individual(s) fatally injured in a traffic
accident occurring after July 1, 2006 in which there is substantial evidence
gathered by law enforcement that another driver caused the accident and was
driving in violation of RSA 265-A:2 or RSA 265-A:3.
Source. #10165, eff 7-27-12; ss by #13588, eff 3-22-23
Tra 311.02 Scope.
DWI victim fatality signs may be erected upon state highways under the
jurisdiction of the department other than limited access divided highways or the
ramps and access roadways used to access or exit such highways.
Source. #10165, eff 7-27-12; ss by #13588, eff 3-22-23
Tra
311.03 Definitions.
(a) “Abutting landowner” means a person or persons
with ownership of the property directly abutting the state owned
right-of-way where the DWI victim fatality sign is to be located.
(b) “Bureau”
means the bureau of traffic within the New Hampshire department of
transportation.
(c) “Commissioner”
means the commissioner of the department of transportation.
(d) “Department”
means the New Hampshire department of transportation.
(e) “DWI sign assembly” means the composite of a
message panel, memory panel, name plaque(s), and support post or any
combination thereof of a DWI victim fatality sign installation.
(f) “Memory panel” means a sign panel designed by
the bureau with the message “In Memory of”.
(g) “Message panel” means a
sign panel designed by the bureau with the message “Please Don’t Drink and
Drive”.
(h) “Name plaque” means a plaque manufactured by
the bureau of traffic stating the name of the victim(s) of a traffic accident
and attached to a DWI sign assembly.
(i) “Next-of-kin” means the person having the
following relationship to the victim, in the following order of
priority:
(1) Spouse;
(2) Adult son
or daughter;
(3) Parent;
(4) Adult
brother or sister;
(5) Adult grandchild;
(6) Adult niece
or nephew who is a child of a brother or sister;
(7) Maternal grandparent;
(8) Paternal grandparent;
(9) Adult aunt
or uncle; or
(10) Any other adult legal relative in descending
order of relationship.
(j) “Substantial evidence” means a certified
copy of conviction for violation of RSA 265-A:2 or RSA 265-A:3.
(k) “Traffic accident” means an event
occurring on a public way that results in injury or property damage attributed to the motion of
a motor vehicle or its load.
(l) “Victim” means a person fatally
injured as a direct result of a motor vehicle traffic accident or whose death
occurred within 30 days of the event as a result of
physical injuries sustained during a motor vehicle traffic accident. The term does not include an impaired driver
or an occupant of the impaired driver’s vehicle, but
does include pedestrians or bicyclists injured by an impaired driver, as defined
under RSA 265-A:2 or RSA 265-A:3.
Source. #10165, eff 7-27-12; ss by #13588, eff 3-22-23
Tra 311.04 Request for a DWI Sign Assembly, Name
Plaque, or Both.
(a) An applicant requesting a DWI sign assembly,
name plaque, or both, shall provide the following information to the bureau of
traffic on or with the “Driving while Impaired Victim Fatality Sign Application”
furnished by the bureau of traffic:
(1) The name, address, and telephone number, or
other means of contacting the applicant during
regular business hours;
(2) The
applicant’s relationship with the victim;
(3) The date of the traffic accident;
(4) The location of
the traffic accident, including the street and town;
(5) The name of the motor vehicle driver driving while
intoxicated or under the influence of drugs;
(6) The name of the individual(s)
fatally injured, as it or they should appear on the name plaque(s), and the
name of the nearest living relative and their relation to the victim(s);
(7) The name of the
investigating police agency;
(8) A certified copy of a conviction for violation
of RSA 265-A:2 or RSA 265-A:3 by one of the drivers involved in the fatal accident, to establish that the
driver who was at fault for the traffic accident was impaired by drugs or alcohol
and that the individual(s) to be memorialized was fatally injured in the traffic accident;
(9) An affidavit
by the applicant that the individual(s) to be memorialized was fatally injured in the traffic
accident and that there is substantial evidence gathered by law enforcement
that the other driver was at fault and that drugs or alcohol were involved; and
(10) The required fee of:
a. $ 250.00 if a DWI sign assembly for the
traffic accident does not exist; or
b. $200.00 to add a name plaque to an existing DWI
sign assembly for a victim of the same traffic accident.
(b) Notwithstanding (a)(8) above, if a certified copy
of conviction is not available due to lack of prosecution due to death of the
impaired driver or other inability to prosecute unrelated to sufficiency of
evidence, then the following documents shall be considered by the department in
determining that one of the drivers was at fault and impaired by drugs or
alcohol:
(1) Relevant medical records to show the driver in
a vehicle collision was impaired by drugs or alcohol;
(2) Investigating officer’s accident report that
indicates the driver of one of the vehicles was impaired by drugs or alcohol; or
(3) Other reliable records provided by the
applicant indicating one of the drivers was impaired due to drugs or alcohol.
Source. #10165, eff 7-27-12; ss by #13588, eff 3-22-23
(a) A request for a DWI sign assembly shall only
be requested by the victim’s next-of-kin.
A request may include application for the name of an additional victim
of the same accident, provided the applicant obtains the written consent of the
other victim’s next of kin.
(b) The bureau of traffic shall approve a request
for a DWI sign assembly unless an office review, comments from a maintenance
district, or a field review of the proposed location discloses an issue
sufficient to deny the request under Tra 311.05(c), Tra 311.05(d), or Tra 311.07.
(c) The bureau of traffic shall conduct an office
review of the request for a DWI sign assembly.
In the event of an incomplete application, the bureau shall request that
the applicant provide the additional information. If the information is not provided within 90
days, the bureau of traffic shall deny the application.
(d)
Once the application and all required
documents are complete, the bureau of traffic shall conduct a field review of the proposed
location and within 60 days, or as staffing permits, shall deny the application
if the proposed location:
(1)
Limits a road user’s ability to see an existing official traffic control
device far enough in advance to act upon the message;
(2) Would result in confusion for the road user
due to the presence of multiple official traffic control devices, private
signs, driveways, or turning movements;
(3) Would interfere with highway maintenance
efforts; or
(4) An abutting landowner objects to the location
and relocation cannot be accommodated.
Source. #10165, eff 7-27-12; ss by #13588, eff 3-22-23
Tra 311.06 Manufacture.
(a) Unless otherwise specified, the
specifications for message panels and name plaques, shall conform to the
pertinent requirements of signs as set forth in the 2016 edition or as amended,
of the department’s “Standard Specifications for Road and Bridge Construction” available
on-line or from the department;
(b) Message
panel text shall be limited to the phrase “PLEASE DON’T DRINK AND DRIVE”; and
(c) Memory panels shall comply with the following:
(1) Text shall be limited to the phrase “IN MEMORY
OF” with the name of the victim(s), limited to 4 names per plate; and
(2) A DWI sign assembly installed without at least
one name plaque shall not include a memory panel.
Source. #10165, eff 7-27-12; ss by #13588, eff 3-22-23
Tra 311.07 Location.
(a) A DWI sign assembly shall be located on the right hand side of the roadway at a location to be determined by the department in compliance with these rules.
(b) A DWI sign assembly
shall be erected no further than one mile in either direction of the traffic
accident site except as determined by the department:
(1) As necessary to integrate with other official
traffic signs; or
(2) As necessary to prevent distraction of motorists
due to the number of existing official and private signs, traffic control
devices, and driveways.
(c) A DWI sign
assembly shall only be erected adjacent to the same roadway as the traffic
accident site except in the case of an at-intersection traffic accident, the
sign shall be placed adjacent to either of the involved roadways.
(d) A DWI sign assembly shall not be erected in
any area prohibited by law, including the interstate system, turnpike, or other
limited access divided highway system.
Source. #10165, eff 7-27-12; ss by #13588, eff 3-22-23
Tra 311.08 Maintenance
of a DWI Sign Assembly, Name Plaque, or Both.
(a) A DWI sign assembly, name plaque, or both, damaged
by normal maintenance, vandalism, or weather conditions shall be replaced by
the department at no cost to the applicant.
(b) Any placement of
paraphernalia including but not limited to flags, pennants, banners, wreaths,
balloons, or other objects shall not be permitted attached to or near a DWI
sign assembly or name plaque and shall be removed by the department without
notice.
(c) The department shall not be responsible for
damage that occurs to any object occasioned by removal
or transport, nor shall the department be responsible for storage.
Source. #10165, eff 7-27-12; ss by #13588, eff 3-22-23
Tra 311.09 Effects of
Construction and Highway Maintenance.
(a) If the approved location of a DWI sign
assembly is within a construction or highway maintenance project area:
(1) The bureau shall not install the DWI sign
assembly and name plaque(s) until such time as the construction or highway
maintenance project has been completed; or
(2) If a DWI sign assembly has been installed the
department shall remove the DWI sign assembly and name plaque(s) and store them
until such time the project is complete and the DWI
sign assembly and name plaques can be re-installed.
(b) The time in which a DWI sign assembly and name
plaque are being stored due to Tra 311.09(a)(1) or Tra 311.09(2) shall not be counted toward the 2-year
duration established by Tra 311.10(a).
Source. #10165, eff 7-27-12; ss by #13588, eff 3-22-23
Tra
311.10 Removal of a DWI Sign
Assembly, Name Plaque, or Both.
(a) A name plaque for any victim shall be erected
for a period of 2 years from the date of installation, not including time
stored per Tra 311.09 (a)(2).
(b) Upon completion of the 2 years the bureau
shall:
(1) Remove the name plaque; and
(2) Notify the
applicant at last known address, who may claim the name plaque within 30 days
of removal.
(c) The department
shall not be responsible for damage to the name plaque occasioned by removal,
transport, or storage, nor shall the department be responsible for storage over
30 days.
(d) A DWI sign assembly shall be
removed upon the removal of the last remaining name plaque on the assembly in
accordance with Tra 311.10(a) and shall remain the property
of the bureau.
Source. #10165, eff 7-27-12; ss by #13588, eff 3-22-23
Tra 311.11 Hearings.
(a) An applicant who disagrees with the decision
of the bureau of traffic to deny a request for a DWI fatality sign assembly,
name plaque, or both may appeal to the commissioner pursuant to Tra 200 within 30 days after the date of notice of the
decision.
(b) Unless an appeal is filed, the denial shall
become final 30 days after the date of notice of the decision.
(c) The procedure used to conduct hearings on
denials shall comply with RSA 541-A and Tra 200,
rules of practice and procedure.
(d) The department shall determine
eligibility for the victim fatality signs. The applicant’s right to appeal
shall be limited to the determination of eligibility for the sign in accordance
with these rules.
Source. #10165, eff 7-27-12; ss by #13588, eff 3-22-23
APPENDIX I
HIGHWAY DISTRICTS
District
1 |
District
5: |
|
|
District
Engineer |
District
Engineer |
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Tel:
(603) 788-4641 |
Tel:
(603) 485-9526 |
Loc:
Rte 3, |
Loc:
I-93, Exit 11 |
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District
2: |
District
6 |
District
Engineer |
District
Engineer |
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Tel:
(603) 448-2654 |
Tel:
(603) 868-1133 |
Loc:
I-89, Exit 16 |
Loc:
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Rte
155A, |
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District
3: |
Turnpikes: |
District
Engineer |
Turnpike
Administrator |
2
Sawmill Road |
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Tel:
(603) 524-6667 |
Tel:
(603) 485-3806 |
Loc:
2 Sawmill Rd |
Loc:
I-93,
Exit 11 |
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District
4: |
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District
Engineer |
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West
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Tel:
(603) 352-2302 |
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Loc:
West
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APPENDIX II
TYPICAL DESIGN STANDARDS
This appendix includes typical design
standards for various driveway/access situations. These typical designs are for illustrative
purposes. Applicants may wish to use
typical designs as guides; however, designs must be adapted to reflect specific
circumstances. Requirements of site or
safety may dictate different solutions which must receive concurrence from the
district engineer.
FIGURE
Residential
Drive-Rural/Urban..............................I
Common Drive-Rural/Urban..................................II
Single Drives-Major
Entrance-Rural/Urban.................III
One-Way Drives-Major
Entrance-Rural/Urban.................IV
Two-Way Drives-Major
Entrance-Rural/Urban..................V
Divided Drive-Major Entrance-Rural/Urban..................VI
Typical Rural Drives in Cut and Fill
Sections...........VIII
Typical Urban Drives in Cut and Fill Sections.............IX
Typical Acceleration-Deceleration Lanes
for Right Turns....X
Typical By-Pass
Shoulder..................................XI
Turning Template, Bus
and Trailer Truck..................XII
Turning Template, Single Unit and
Passenger.............XIII
APPENDIX III
DRIVEWAY STATUTE
RSA 236:13 Driveways and Other
Accesses to the
I.
It shall be unlawful to construct, or alter in
any way that substantially affects the size or grade of, any driveway,
entrance, exit, or approach within the limits of the right-of-way of any class
I or class III highway or the state maintained portion of a class II highway
that does not conform to the terms and specifications of a written permit
issued by the commissioner of transportation.
(Amended 1985, 402:6, I(b)(7).)
II.
Pursuant to this section, a written construction permit application must
be obtained from and filed with the department of transportation by any abutter
affected by the provisions of paragraph I.
Before any construction or alteration work is commenced; said permit application
shall have been reviewed, and a construction permit issued by said
department. Said permit shall:
(a)
Describe the location of the driveway, entrance, exit, or approach. The location shall be selected to most adequately protect the safety of the traveling public.
(b)
Describe any drainage structures, traffic control devices, and
channelization islands to be installed by the abutter.
(c)
Establish grades that adequately protect and promote highway drainage
and permit a safe and controlled approach to the highway in all seasons of the
year.
(d)
Include any other terms and specifications necessary for the safety of
the traveling public. (Amended 1985,
402:6, I(a)(7).)
III. For access to a proposed commercial or industrial
enterprise, or to a subdivision, all of which for the purposes of this section
shall be considered a single parcel of land, even though acquired by more than
one conveyance or held nominally by more than one owner:
(a)
Said permit application shall be accompanied by engineering drawings
showing information as set forth in paragraph II.
(b)
Unless all season safe sight distance of 400 feet in both directions
along the highway can be obtained, the commissioner shall not permit more than
one access to a single parcel of land, and this access shall be at that
location which the commissioner determines to be safest. The commissioner shall not give final
approval for use of any additional access until it has been proven to him that
the 400 foot all season safe sight distance has been provided.
(c)
For the purposes of this section, all season safe sight distance is
defined as a line which encounters no visual obstruction between 2 points, each
at a height of 3 feet 9 inches above the pavement, and so located as to represent
the critical line of sight between the operator of a vehicle using the access
and the operator of a vehicle approaching from either direction.
IV.
No construction permit shall allow:
(a)
A driveway, entrance, exit, or approach to be constructed more than 50
feet in width, except that a driveway, entrance, exit, or approach may be
flared beyond a width of 50 feet at its junction with the highway to
accommodate the turning radius of vehicles expected to use the particular driveway, entrance, exit or approach.
(b)
More than 2 driveways, entrances, exits or
approaches from any one highway to any one parcel of land unless the frontage
along the highway exceeds 500 feet.
V.
The same powers concerning highways under their jurisdiction as are conferred
upon the commissioner of transportation by paragraphs I, II, III and IV, shall
be conferred upon the planning board in cities and towns wherein the planning
board has been granted the power to regulate the subdivision of land as provided
in RSA 674:35 and, they shall adopt such regulations as are necessary to carry
out the provisions of this section.
(Amended 1985, 103:4, effective Jan. 1, 1986; 402:6, I(b)(7).)
RSA 236:14 Penalty.
Any person who violates any provision of this subdivision or the rules
and regulations made under authority thereof shall be guilty of a violation if
a natural person, or guilty of a misdemeanor if any other person; and, in
addition, shall be liable for the cost of restoration of the highway to a
condition satisfactory to the person empowered to give such written permission.
APPENDIX
Rule |
Specific State Statute the Rule
Implements |
Tra 303.01 |
RSA
265:108 |
Tra 303.02 |
RSA
265:108 |
Tra 303.03 |
RSA
265:108 |
Tra 303.04 |
RSA
265:108 |
Tra 303.05 |
RSA
265:108 |
Tra 303.06 |
RSA
265:108 |
Tra 303.07 |
RSA
265:108 |
Tra 303.08 |
RSA
265:108 |
Tra 303.09 |
RSA
541-A:3 |
Tra 303.10 |
RSA
265:108 |
Tra
304.01 |
RSA 266:24 |
Tra
304.02 |
RSA 266:24 |
Tra
304.03 |
RSA 266:2 |
Tra
304.04 |
RSA 266:10,
11, 11-a, 12,13, 13-a-c, 15, 18, 18-a-c, 19-a, 20, 21, 21-a,
23, 24-a-b, and 44 |
Tra
304.05 |
RSA 266:24 |
Tra
304.06 |
RSA 266:24 |
Tra
304.07 |
RSA 266:24 |
Tra
304.08 |
RSA 266:24 |
Tra
304.09 |
RSA 266:24 |
Tra
304.10 |
RSA 266:24 |
Tra
304.11 |
RSA 266:24 |
Tra
304.12 |
RSA 266:24 |
Tra
304.13 |
RSA 266:24,
RSA 266:24, III |
Tra
304.14 |
RSA 266:24 |
Tra
304.15 |
RSA 266:24 |
Tra
304.16 |
RSA 266:24 |
Tra
304.17 |
RSA 266:24 |
Tra
304.18 |
RSA 266:22 |
Tra
304.19 |
RSA 266:24 |
Tra
304.20 |
|
Tra
308.01 |
RSA 230:83 |
Tra
308.02 |
RSA 230:83 |
Tra 308.03 |
RSA 230:83 |
Tra 308.04 |
RSA 230:83 |
Tra 308.05 |
RSA 230:83 |
Tra 308.06 |
RSA 230:83 |
Tra 308.07 |
RSA 230:83 |
Tra 308.08 |
RSA 230:83 |
Tra 308.09 |
RSA 230:83 |
Tra 308.10 |
RSA 230:83 |
Tra 308.11 |
RSA 230:83,
541-A: 30-36 |
Tra 308.12 |
RSA 230:83 |
Tra 311.01 |
RSA
236:48-a, I |
Tra 311.02 |
RSA
236:48-a, III |
Tra 311.03 |
RSA
236:48-a |
Tra 311.04 |
RSA
236:48-a, I |
Tra 311.05 |
RSA
236:48-a, I, II, III |
Tra 311.06 |
RSA
236:48-a, IV, V |
Tra 311.07 |
RSA
236:48-a, , III |
Tra 311.08 |
RSA
236:48-a, III, VI |
Tra 311.09 |
RSA
236:48-a, III, VI |
Tra 311.10 |
RSA
236:48-a, II, VI |
Tra 311.11 |
RSA
236:48-a; 541-A:31-36, 21-L:15 |