(a) Permit application. Application for a permit issued under this subchapter shall be in a form approved by the department, and shall at a minimum include:
  (1) the name of the applicant;
  (2) date of issuance;
  (3) signature of the director of the Port of Brownsville;
  (4) a statement of the kind of cargo being transported;
  (5) the maximum weight and dimensions of the proposed vehicle combination, including number of tires on each axle, tire size for each axle, distance between each axle, measured from center of axle to center of axle, and the specific weight of each individual axle when loaded;
  (6) the kind and weight of each commodity to be transported, not to exceed loaded dimensions of 12 feet wide, 15 feet 6 inches high, 110 feet long or 125,000 pounds gross weight;
  (7) a statement of any condition on which the permit is issued;
  (8) a statement that the cargo shall be transported over the most direct route using State Highway 48/State Highway 4 between the Gateway International Bridge and any location along that highway within the Port of Brownsville, or using U.S. Highway 77/U.S. Highway 83 and State Highway 48/State Highway 4 between the Veterans International Bridge at Los Tomates and any location along that highway within the Port of Brownsville or from the Free Trade International Bridge to the entrance of the Port of Brownsville using Farm-to-Market Road 509, United States Highways 77 and 83, Farm-to-Market Road 511, State Highway 550, and East Loop (State Highway 32);
  (9) the location where the cargo was loaded; and
  (10) the date or dates on which movement authorized by the permit is allowed.
(b) Permit issuance.
  (1) General.
    (A) The original permit must be carried in the vehicle for which it is issued.
    (B) A permit is void when an applicant:
      (i) gives false or incorrect information;
      (ii) does not comply with the restrictions or conditions stated in the permit; or
      (iii) changes or alters the information on the permit.
    (C) A permittee may not transport an overdimension or overweight load with a voided permit.
  (2) Payment of permit fee. The Port of Brownsville may determine acceptable methods of payment. All fees transmitted to the department must be in U.S. currency.
(c) Maximum permit weight limits.
  (1) An axle group must have a minimum spacing of four feet, measured from center of axle to center of axle, between each axle in the group to achieve the maximum permit weight for the group.
  (2) Two or more consecutive axle groups must have an axle spacing of 12 feet or greater, measured from the center of the last axle of the preceding group to the center of the first axle of the following group, in order for each group to be permitted for maximum permit weight.
  (3) Maximum permit weight for an axle or axle group is based on 650 pounds per inch of tire width or the following axle or axle group weights, whichever is the lesser amount:
    (A) single axle - 25,000 pounds;
    (B) two-axle group - 46,000 pounds;
    (C) three-axle group - 60,000 pounds;
    (D) four-axle group - 70,000 pounds;
    (E) five-axle group - 81,400 pounds; or
    (F) trunnion axles - 60,000 pounds if;
      (i) the trunnion configuration has two axles;
      (ii) there are a total of 16 tires for a trunnion configuration; and
      (iii) the trunnion axle as shown in the following diagram is 10 feet in width.
Attached Graphic
  (4) A permit issued under this subchapter does not authorize the vehicle to exceed manufacturer's tire load rating.
(d) Vehicles exceeding weight limits. Any vehicle exceeding weight limits outlined in subsection (c) of this section, shall apply directly to the Texas Department of Motor Vehicles for an oversize or overweight permit in accordance Transportation Code, Chapter 623.
(e) Registration. Any vehicle or combination of vehicles permitted under this subchapter shall be registered in accordance with Transportation Code, Chapter 502.
(f) Travel conditions. Movement of a permitted vehicle is prohibited when visibility is reduced to less than 2/10 of one mile or the road surface is hazardous due to weather conditions such as rain, ice, sleet, or snow, or highway maintenance or construction work.
(g) Daylight and night movement restrictions. An oversize permitted vehicle may be moved only during daylight hours; however, an overweight only permitted vehicle may be moved at any time.
(h) Restrictions.
  (1) Any vehicle issued a permit by the Port of Brownsville must be weighed on scales capable of determining gross vehicle weights and individual axle loads. For the purpose of ensuring the accuracy of the permit, the scales must be certified by the Texas Department of Agriculture or accepted by the United Mexican States.
  (2) A valid permit and certified weight ticket must be presented to the gate authorities before the permitted vehicle shall be allowed to exit or enter the port.
  (3) The owner of a vehicle permitted under this subchapter must be registered as a motor carrier in accordance with Transportation Code, Chapters 643 or 645, prior to the oversize or overweight permit being issued. The Port of Brownsville shall maintain records relative to this subchapter, which are subject to audit by department personnel.
  (4) Permits issued by the Port of Brownsville shall be in a form prescribed by the department.
  (5) The maximum speed for a permitted vehicle shall be 55 miles per hour or the posted maximum, whichever is less.

Source Note: The provisions of this §28.22 adopted to be effective August 16, 2012, 37 TexReg 6093; amended to be effective April 16, 2014, 39 TexReg 2960