(a) Purpose. This section prescribes the requirements, restrictions, and procedures regarding the annual permit for a ready-mixed concrete truck, operating on three axles, under the provisions of Transportation Code, §623.0171 and Chapter 622, Subchapter B.
(b) Axles. To qualify for movement with a ready-mixed concrete truck permit, the truck may only operate on three axles, regardless of whether the truck actually has more than three axles.
(c) Application for permit.
(1) To qualify for a ready-mixed concrete truck permit, a person must submit an application to the department.
(2) The application shall be in a form prescribed by the department and at a minimum, will require the following:
(3) The application shall be accompanied by the total annual permit fee of $1,000.
(4) Fees for permits issued under this section are payable as required by §219.11(f) of this title (relating to General Oversize/Overweight Permit Requirements and Procedures).
(d) Issuance and placement of permit and windshield sticker; restrictions.
(1) A permit and a windshield sticker will be issued once the application is approved, and each will be mailed to the applicant at the address contained in the application.
(2) The windshield sticker shall be affixed to the inside of the windshield of the vehicle in accordance with the diagram printed on the back of the sticker and in a manner that will not obstruct the vision of the driver. Any attempt to remove the sticker from the windshield will render the sticker void and will require a new permit and sticker.
(3) A replacement sticker for a lost, stolen, or mutilated windshield sticker may be issued, provided that the permittee submits a request on a form approved by the department. The request shall include a statement, signed by the permittee, affirming that the sticker was lost, stolen, or mutilated. The replacement sticker shall only be valid for the permitted vehicle.
(e) Transfer of permit. An annual permit issued under this section is not transferable between vehicles.
(f) Amendments. An annual permit issued under this section will not be amended except in the case of department error.
(g) Termination of permit. An annual permit issued under this section will automatically terminate, and the windshield sticker must be removed from the vehicle:
(1) on the expiration of the permit;
(2) when the lease of the vehicle expires;
(3) on the sale or other transfer of ownership of the vehicle for which the permit was issued; or
(4) on the dissolution or termination of the partnership, corporation, or other legal entity to which the permit was issued.
(h) Curfew restrictions. The operator of a permitted vehicle must observe the curfew movement restrictions published by the department.
(i) Construction or maintenance areas.
(1) Permits issued under this section authorize the operator of the permitted vehicle to travel through any state highway construction or maintenance area, provided the size and weight of the vehicle do not exceed the construction restrictions that are available on the department's website. If a permitted vehicle is delivering concrete to a state highway construction or maintenance jobsite within a construction or maintenance area, the following may provide the permittee a written exception to operate the permitted vehicle in the construction or maintenance area at a size or weight that exceeds the size and weight listed on the department's website: the Texas Department of Transportation or a Texas Department of Transportation contractor that is authorized by the Texas Department of Transportation to issue permit exceptions. The written exception must be carried in the permitted vehicle when the vehicle is on a state highway and must be provided to the department or law enforcement upon request.
(2) The permittee is responsible for contacting the appropriate local jurisdiction for construction or maintenance restrictions on non-state maintained roadways.
(j) Manufacturer's tire load rating. Permits issued under this section do not authorize the vehicle to exceed the manufacturer's tire load rating.
(k) Distribution of fees. The fees collected for permits under Transportation Code, §623.0171 shall be distributed as follows:
(1) 50 percent shall be deposited to the credit of the state highway fund; and
(2) 50 percent shall be divided equally among all counties designated in the permit application under Transportation Code, §623.0171.
Source Note: The provisions of this §219.32 adopted to be effective August 19, 2014, 39 TexReg 6235; amended to be effective January 4, 2024, 48 TexReg 8383