General Provisions

01. Place to Legalize. All vehicles exceeding the overweight tolerances of Section 49-1001(8), Idaho Code, are required to legalize at the place of weighing unless, in the judgment of the weight enforcement official, it would be unsafe and/or impractical to do so. (3-31-22) 02. Travel Authorization. Those overweight vehicles, which in the judgment of the weight enforcement official cannot be safely or practically legalized at the place of weighing, will obtain a travel authorization to travel to a safe point of legalization by payment of the statutory fee. (3-31-22) a. The safe point of legalization will be determined by the weight enforcement official in consultation with the vehicle operator or other persons having interest in the vehicle or load. (3-31-22) b. Vehicles hauling the following commodities are considered unsafe or impractical to legalize at the place of weighing. This list is illustrative and not all inclusive of the following: Bulk hazardous materials and hazardous waste as defined by Section 49-109, Idaho Code; livestock; hot asphalt; concrete; dead animals or parts thereof; highly perishable commodities; bees; and any load where removal of the tie downs may create a possible safety hazard. (3-31-22) c. The owner or operator of vehicles required to off-load portions of their load will adhere to all applicable safety regulations of the Occupational Safety and Health Administration (OSHA), United States IDAHO ADMINISTRATIVE CODE IDAPA 39.03.80 – Rules Governing Idaho Transportation Department Legalization of Overloaded Vehicles Section 100 Page 4 Department of Transportation, and the Idaho Department of Commerce and Labor. (3-31-22) d. A supervisor within the port of entry chain of command will determine if loads of questionable safety should be off-loaded at the place of weighing or be allowed to purchase a travel authorization. (3-31-22) 03. Permission to Off-Load. No off-loaded commodity will be left at the place of weighing unless done so with permission of the appropriate authority. (3-31-22) a. Any commodity left at the place of weighing may be removed and stored by the Department at the hauler’s expense. (3-31-22) b. A trailer as defined by Section 49-121(6), Idaho Code, may be left at the place of weighing for a reasonable time not to exceed five (5) days if the weight enforcement official determines a traffic hazard will not be created. (3-31-22) c. Any commodity left at a privately owned place of weighing should be done so with the knowledge and express permission of the owner of the site. (3-31-22) 04. Travel Authorization Restrictions. (3-31-22) a. Travel authorization will not be issued to vehicles traveling under the authority of an overweight permit issued pursuant to Section 49-1004, Idaho Code. (3-31-22) b. Travel authorization will not be issued to allow travel across a restricted structure at weights exceeding its maximum allowable weight or when such weight exceeds the maximum weight that would be permitted under Section 49-1004, Idaho Code. (3-31-22) 101. -- 999. (RESERVED)