Current through Register Vol. 35, No. 18, September 24, 2024
A. A special permit is null and void if any
of the following violations occur:
(1)
commencing a move under a special permit that contains incorrect information,
unless amendments to the permit have been issued by the DOT correcting the
information;
(2) the movement is
made on a highway or street other than those specifically noted on the special
permit, unless necessary to detour around construction zones or to avoid
obstructions;
(3) movement is made
on a highway or street that is closed;
(4) use of a bridge or structure not
authorized by the special permit;
(5) size or weight limitations specified in
the special permit are exceeded;
(6) improper identification or substitution
of a vehicle, combination or load;
(7) the special permit, route survey, bridge
map, list of structures or other required document is not in possession of or
carried electronically by the driver during the move;
(8) the permittee is not the owner or lessee
of the permitted vehicle;
(9)
speeds specified in the special permit are not observed;
(10) special provisions contained in the
special permit to protect highways and structures are not observed;
(11) the application for the special permit
or the special permit contains misrepresentations;
(12) the special permit has been altered, is
fraudulent or is used for a fraudulent or unauthorized purpose;
(13) absence or cessation of a required
escort vehicle during the movement;
(14) insurance coverage is canceled, expired,
insufficient or otherwise does not meet the requirements of law or this rule;
or
(15) failure to comply with any
condition or restriction specified in the special permit.
B. Violation of a special permit may be cause
for suspension or cancellation of all special permit privileges of the
permittee. Based on the severity of the violation, the DOT may cancel any or
all special permits issued to the permittee for current or future movements and
may suspend the permittee's right to apply for special permits in the
future.
C. The effect of a void
special permit is the same as if no special permit had been issued, and the
violator, in addition to any other violations, may be subject to prosecution
pursuant to the provisions of Sections
66-7-413,
66-7-413.2
and Section
66-7-416
NMSA 1978. No refund shall be made or credit given for fees paid for a special
permit that is rendered void. A special permit issued after a violation does
not nullify the violation.
