Texas Transportation Code 623.011 – Permit for Excess Axle or Gross Weight
(a) The department may issue a permit that authorizes the operation of a commercial motor vehicle, trailer, semitrailer, or combination of those vehicles, or a truck-tractor or combination of a truck-tractor and one or more other vehicles:
(1) at an axle weight that is not heavier than the weight equal to the maximum allowable axle weight for the vehicle or combination plus a tolerance allowance of 10 percent of that allowable weight; and
(2) at a gross weight that is not heavier than the weight equal to the maximum allowable gross weight for the vehicle or combination plus a tolerance allowance of five percent.
(b) To qualify for a permit under this section:
(1) the vehicle must be registered under Chapter 502 for the maximum gross weight applicable to the vehicle under § 621.101, not to exceed 80,000 pounds;
(2) the security requirement of § 623.012 must be satisfied; and
(3) a base permit fee of $90, any additional fee required by § 623.0111, and any additional fee set by the board under § 623.0112 must be paid.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C misdemeanor | up to $500 |
Terms Used In Texas Transportation Code 623.011
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Year: means 12 consecutive months. See Texas Government Code 311.005
(c) A permit issued under this section:
(1) is valid for one year; and
(2) must be carried in the vehicle for which it is issued.
(d) When the department issues a permit under this section, the department shall issue a sticker to be placed on the front windshield of the vehicle. The department shall design the form of the sticker to aid in the enforcement of weight limits for vehicles.
(e) The sticker must:
(1) indicate the expiration date of the permit; and
(2) be removed from the vehicle when:
(A) the permit for operation of the vehicle expires;
(B) a lease of the vehicle expires; or
(C) the vehicle is sold.
(f) A person commits an offense if the person fails to display the sticker in the manner required by Subsection (d). An offense under this subsection is a Class C misdemeanor. § 623.019(g) applies to an offense under this subsection.
(g) A vehicle operating under a permit issued under this section may exceed the maximum allowable gross weight tolerance allowance by not more than five percent, regardless of the weight of any one axle or tandem axle, if no axle or tandem axle exceeds the tolerance permitted by Subsection (a).