Current through Vol. 42, No. 1, September 16, 2024
(a) Special
Crossing Permits for Industrial Use (Crossing Permits) may be applied for
regarding the use of specific locations where private roads cross non-access
controlled state highways and the load exceeds 20,000 lbs./axle when the
following conditions and requirements are met.
(1) An initial Crossing Permit application
for each such crossing shall be submitted through the Department of
Transportation indicating, as a minimum, highway route number, station
location, county, township and range, the proposed vehicle size, the number of
axles and axle spacings, the maximum gross weight, maximum axle loadings and
such additional information as the Executive Director of the Department of
Transportation may require.
(2) The
Crossing Permit application shall be accompanied by appropriate plans,
specifications and details necessary for said crossing, and shall have been
prepared by a Registered Professional Engineer. The plans must show structural
adequacy for the proposed reinforced surface of the highway crossing, including
a soils study as well as appropriate traffic warning and control devices
necessary to ensure the safety of the traveling public.
(3) The Department of Transportation
engineering staff shall make a comprehensive study of the proposal, make
recommendations for any necessary revisions or modifications, and submit the
request to the Transportation Commission for approval or rejection.
(4) If the request is approved by the
Transportation Commission, the requesting party shall enter into an agreement
with the Director of the Department of Transportation to pay all costs of or
associated with the construction and maintenance of the crossing, including the
perpetual daily maintenance of the heavy load crossing and any safety warning
and traffic control devices. The requesting party shall file with the
Department of Transportation evidence of sufficient liability insurance in
amounts equal to the maximum amounts of liability for state agencies provided
in the Governmental Tort Claims Act, naming the State of Oklahoma, ex rel.
Department of Transportation as an additional insured and shall further agree
to hold harmless the State of Oklahoma, its agents and employees from any and
all claims of damages whatsoever which arise from the industry's use of, or as
a result of the existence of, the highway crossing, associated warning or
traffic control devices or any impairment of public safety at the crossing
location.
(5) When construction of
the crossing is completed and accepted, the Department of Transportation will
make an inspection to ensure the crossing satisfies the requirements of the
plans and agreement and that the initial Crossing Permit may be
issued.
(6) Subsequent Crossing
Permits issued by the Executive Director of the Department of Transportation
shall authorize a specific vehicle to cross the state highway at an identified
and approved crossing location. Said permits shall further specify a maximum
gross weight and the maximum axle loadings and minimum inner bridge dimensions,
as well as the length and width of each vehicle and may specify times of day,
weather conditions or other factors limiting the use of such
crossings.
(b) Failure on
the part of the vehicle owner to comply with any of the Crossing Permit
requirements or operation of the vehicle on or across a state highway at any
non-permitted location shall constitute grounds for closing the crossing and
the revocation of all special permits at that location. Any revocation of such
permits shall be for a period of not less than 1 year.