N.D. Admin Code 69-10-01-04.2 - Split-weigh variance permit requests
The operator of any motor truck or motor truck dump scale installed after April 1, 1965, may make written request for a permanent split-weigh variance permit from the commission under North Dakota Century Code section 64-02-02. The request for a variance permit must contain:
1. The name, address, and telephone number of
the business making the request along with the name of its contact person and
the reason for the request;
2. The
manufacturer's name, type, location, deck length, serial number, and capacity
of the device;
3. The maximum
amount of weight that will be placed upon the device at any time during the
split-weighing operation. If that maximum weight exceeds the rated sectional
capacity or concentrated load capacity of the device, the applicant must also
include a letter from an engineer or competent scale engineering authority
certifying that operating the device at that weight will not constitute a
safety hazard;
4. The maximum
distance between the front and rear outer axles of the vehicle or
coupled-combination vehicle that will be split-weighed;
5. A statement in the variance permit request
certifying that each axle of the vehicle or each axle of the
coupled-combination vehicle will rest on a smooth straight surface, in the same
plane with, and not to exceed one-third inch [8.47 millimeters] per foot [30.48
centimeters] out of level with, the scale deck during the split-weighing
operation;
6. A statement in the
variance permit request agreeing to the following procedures to be observed
during the split-weighing operation:
a. Use of
the vehicle brakes is prohibited;
b. The vehicle transmission must be in
neutral; and
c. Chocking of the
vehicle's wheels should be discouraged; and
7. For an operator of a motor truck or motor
truck dump scale installed after April 1, 1995, a temporary variance permit
will be issued only if the operator has substantiated that it is unable to
install a scale of sufficient length to allow single-draft weighing due to
economic hardship. If the operator chooses to pursue the plea of economic
hardship, then the operator's split-weigh variance permit request must also
include a plan for compliance over a period not to exceed five years.
Notes
General Authority: NDCC 64-02-03
Law Implemented: NDCC 64-02-02, 64-02-04
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