A great presentation today by Peter Grubb of ROW Adventures about the Lochsa megaloads. As promised, here is a quick follow-up. First, in response to a question as to “what standard” the hearing examiner would use to make his decision, the “general” standard is given in the IDAPA rule 39.03.09.100 (pdf) (our emphasis added) :
100.RESPONSIBILITY OF ISSUING AUTHORITY.
01. Primary Concerns. The primary concern of the Department, in the issuance of overlegal permits, shall be the safety and convenience of the general public and the preservation of the highway system. (4-5-00)
02. Permit Issuance. The Department shall, in each case, predicate the issuance of a overlegal permit on a reasonable determination of the necessity and feasibility of the proposed movement. (4-5-00)
Of course, the applicant for a SHT* load needs to comply with all of ITD’s other regulations as well. Including the “10-minute rule,” buried grammatically in IDAPA 39.03.16.100.01 (pdf) (our emphasis):
01. Overlegal permits will not normally be issued for movements which cannot allow for the passage of traffic as provided in IDAPA 39.03.11, “Rules Governing Overlegal Permittee Responsibility and Travel Restrictions,” Subsection 100.05, except under special circumstances when an interruption of low volume traffic may be permitted (not to exceed ten (10) minutes) or when adequate detours are available.
Thanks again to Peter Grubb for a great presentation, and his courage and persistence in taking on this fight.
*Super Huge Truck
Also as promised, here’s the video Peter suggested: