North Carolina Administrative Code

19A NCAC 02D .0539 VEHICLE PHYSICAL DIMENSION LIMITATIONS (a) Maximum physical dimensions shall be 65 feet in length, 12 feet in width, and 13.5 feet in height for vehicles on each of the following ferry vessels: (1) Silver Lake; (2) Cedar Island; (3) Carteret; (4) Swan Quarter; …

SECTION .0600 – OVERSIZE-OVERWEIGHT PERMITS 19A NCAC 02D .0601 Permit application and Administration (a) The Chief Engineer's office shall be responsible for issuing oversize/overweight permits as provided by this Section. (b) House move permit applications shall be submitted to …

19A NCAC 02D .0602 Permits – Issuance Requirements (a) The following are general issuance requirements for oversize/overweight permits. (1) Permits shall be issued by the Department. The maximum weight permitted on a designated route shall be determined by the bridge capacity of …

19A NCAC 02D .0607 PERMITS – Movement and Travel Requirements (a) All vehicles and vehicle combinations described in 19A NCAC 02D .0601 and .0602 shall adhere to the following movement requirements. (1) Unless otherwise authorized or restricted by this Rule, movement shall be mad…

19A NCAC 02D .0612 PERMITS - HOUSE MOVES History Note: Authority G.S. 20-119; 20-360; 136-18(5); 150B-21.3A; Eff. July 1, 1978; Amended Eff. November 1, 1993; October 1, 1991; April 1, 1984; January 1, 1979; Filed as a Temporary Rule Eff. October 1, 2000; Amended Eff. August 1, 2…

19A NCAC 02D .0616 DISTANCE LIMITATIONS - BUILDING MOVES - REPEALED History Note: Authority G.S. 20-119; 136-18(5); Eff. July 1, 1978; Repealed Eff. January 1, 1979.

19A NCAC 02D .0617 REMOVAL OF OBSTRUCTIONS - BUILDING MOVES History Note: Authority G.S. 20-119; 136-18(5); Eff. July 1, 1978; Amended Eff. April 11, 1980; Repealed Eff. October 1, 1991.

19A NCAC 02D .0618 INDEMNITY - BUILDING MOVES History Note: Authority G.S. 20-119; 136-18(5); Eff. July 1, 1978; Amended Eff. January 1, 1979; Repealed Eff. November 1, 1993.

19A NCAC 02D .0628 SAFETY DEVICES History Note: Authority G.S. 20-119; 136-18(5); Eff. July 1, 1978; Repealed Eff. September 1, 1990.

19A NCAC 02D .0633 permits – decisions, appeals, and enforcement (a) A permit that is revoked or voided by the Chief Engineer's office shall be surrendered without any refund of fees. An oversize or overweight permit application may be denied for a period of up to six months upon…

19A NCAC 02D .0639 SPECIAL PERMITS FOR PASSENGER BUSES History Note: Authority G.S. 20-118(8); Eff. September 1, 1978; Repealed Eff. October 1, 1991.

19A NCAC 02D .0640 PERMIT MANUAL OVERSIZE: OVERWEIGHT MOVEMENTS History Note: Authority G.S. 20-119; 20-360; 20-361; 20-367; 20-369; 20-371; 136-18(5); 143B-346; 143B-350(f); 150A-62; 150A-63(c); Eff. April 11, 1980; Repealed Eff. April 3, 1981.

19A NCAC 02D .0641 PERMIT FEES History Note: Authority G.S. 20-119; 136-18(5); 143B-359(f)(13); 12-3.1; Eff. April 1, 1984; Repealed Eff. October 1, 1991.

19A ncac 02D .0642 TEMPORARY AUTHORIZATION FOR ISSUANCE OF PERMITS History Note: Authority G.S. 20-118(f); 20-119; 136-18(5); Temporary Adoption Eff. October 19, 2000; Temporary Adoption Expired August 12, 2001.

19A NCAC 02D .0643 ESCORT VEHICLE DRIVER CERTIFICATION When an escort vehicle is required, escort vehicle drivers shall be certified in accordance with 19A NCAC 02D .0644. Certification credentials shall be carried in the vehicle and shall be available for inspection by law enfor…

19A NCAC 02D .0644 Oversize/overweight LOAD ESCORT VEHICLE OPERATOR cERTIFICATION PROGRAM (a) Prior to obtaining certification as an oversize/overweight load escort vehicle operator, a person shall complete a program that provides instruction on escort skills and shall pass an ex…

SECTION .0700 - HIGHWAY DESIGN BRANCH 19A NCAC 02D .0701 APPLICATIONS FOR INTERMITTENT ROAD CLOSING History Note: Authority G.S. 136-64.1(a); Eff. July 1, 1978; Repealed Eff. October 1, 1993.

19A NCAC 02D .0702 HIGHWAY SYSTEM LIMITATIONS The rules in this Section apply only to secondary roads on the state highway system. History Note: Authority G.S. 136-64.1(a); Eff. July 1, 1978; Amended Eff. October 1, 1993; Pursuant to G.S. 150B-21.3A, rule is necessary without sub…

19A NCAC 02D .0703 REVIEW AND APPROVAL AUTHORITY History Note: Authority G.S. 136-64.1(d); Eff. July 1, 1978; Repealed Eff. October 1, 1993.

19A NCAC 02D .0704 APPLICATION PROCEDURES Application for intermittent road closing shall be submitted to the Chief Engineer in the form of a resolution from the requesting agency and must include the following information plus any additional supportive data the agency deems pert…

19A NCAC 02D .0705 REVIEW PROCEDURES (a) Upon receipt of a completed application, the Chief Engineer shall acknowledge the receipt and initiate a preliminary investigation and review. (b) In reviewing the application, the following factors shall be taken into consideration as a b…

19A NCAC 02D .0706 PUBLIC NOTICE History Note: Authority G.S. 136-64.1(c); Eff. July 1, 1978; Repealed Eff. October 1, 1993.

19A NCAC 02D .0707 PERMIT FORM The permit, if issued, shall be sent in the form of a letter to the applicant from the Chief Engineer. History Note: Authority G.S. 136-64.1(d); Eff. July 1, 1978; Amended Eff. December 1, 2012; Pursuant to G.S. 150B-21.3A, rule is necessary without…

19A NCAC 02D .0708 WARNING SIGNS (a) Upon approval of an application and the issuance of a permit for flooding, the Department of Transportation will erect the warning signs required by G.S. 136-64.1(d) on the secondary road(s) to advise the general public of the intermittent clo…

19A NCAC 02D .0709 APPEAL PROCEDURES In the event an application is denied by the Chief Engineer, the applicant shall have the right to appeal the decision to the full Board of Transportation pursuant to the procedures below: Within 30 days after receiving notice from the adminis…

SECTION .0800 - PREQUALIFICATION: ADVERTISING AND BIDDING REGULATIONS 19A NCAC 02D .0801 PREQUALIFYING TO BID: REQUALIFICATION (a) In order to ensure that contracts let pursuant to G.S. 136-28.1(a) are awarded to responsible bidders, prospective bidders and contractors shall comp…

19A NCAC 02D .0802 INVITATION TO BID History Note: Authority G.S. 136-18(1); 136-28.1; 143B-350(g); Eff. April 3, 1981; Amended Eff. December 1, 1993; Repealed Eff. February 1, 2008.

19A NCAC 02D .0803 ADVERTISEMENT AND INVITATIONS FOR BIDS (a) All projects shall be advertised by the Department of Transportation in newspapers having general circulation in the State of North Carolina four weeks prior to the bid opening as set forth in G.S. 143-129(b). (b) On t…

19A NCAC 02D .0804 CONTENTS OF PROPOSAL FORMS History Note: Authority G.S. 136-18(1); 136-28.1; Eff. April 3, 1981; Repealed Eff. February 1, 2008.

19A NCAC 02D .0805 COMBINATION BIDS The Department may issue proposals for projects in combination or separately, so that bids may be submitted either on the combination or on separate units of the combination. The Department shall make awards on combination bids or separate bids…

19A NCAC 02D .0806 INTERPRETATION OF QUANTITIES IN PROPOSAL FORM (a) The quantities appearing in the proposal are approximate only and shall be used for the comparison of bids. Payment to the contractor shall be made only for the actual quantities of the various items that are co…

19A NCAC 02D .0807 EXAMINATION OF PLANS: SPECS: CONTRACT: AND SITE OF WORK A bidder shall examine the site of the work contemplated, the plans and specifications, and the proposal therefor. A bidder or contractor shall make such independent investigation and examination as he dee…

19A NCAC 02D .0810 DELIVERY OF BIDS (a) All bidders shall submit bids in accordance with the bid documents to the Department. (b) Any bid not delivered within the time or manner specified in the bid documents shall not be accepted and shall be returned to the bidder unopened or, …

19A NCAC 02D .0811 WITHDRAWAL OR REVISION OF BIDS History Note: Authority G.S. 136-18(1); 136-28.1; 143-29.1; Eff. April 3, 1981; Amended Eff. October 1, 1993; November 1, 1991; Repealed Eff. February 1, 2008.

19A NCAC 02D .0812 RECEIPT AND OPENING OF BIDS (a) The Department shall open and read bids publicly at the time and place indicated in the invitation to bid. Bidders, their authorized agents, and other interested parties may be present. (b) Bid evaluation, including bid rejection…

19A NCAC 02D .0818 NON-CoLLUSION CERTIFICATIONS (a) Every bidder shall furnish to the Department an unsworn certification made under penalty of perjury under the laws of the United States, a non-collusion certification at the time of bid, certifying that the bidder has not entere…

19A NCAC 02D .0819 AWARD OF CONTRACT History Note: Authority G.S. 136-18(1); 136-28.1; Eff. April 3, 1981; Recodified from 19A NCAC 2D .0817; Amended Eff. October 1, 1993; November 1, 1991; Repealed Eff. February 1, 2008.

19A NCAC 02D .0820 CANCELLATION OF AWARD The Board of Transportation may rescind the award of any contract at any time before the receipt of the properly executed contract bonds from the successful bidder. History Note: Authority G.S. 136-18(1); 136-28.1; 143B-350(f); Eff. April …

19A NCAC 02D .0825 CONFIDENTIALITY OF COST ESTIMATES All cost estimates prepared by the Department for the purpose of comparing bids shall be confidential and not disclosed until after the opening of bids. History Note: Authority G.S. 133-33; Eff. September 1, 1981; Amended Eff. …

19A NCAC 02D .0826 AWARD LIMITS ON MULTIPLE PROJECTS History Note: Authority G.S. 136-18(1); Eff. July 1, 1983; Recodified from 19A NCAC 2D .0824; Repealed Eff. November 1, 1991.

19A NCAC 02D .0827 SUBSURFACE INFORMATION (a) If a subsurface investigation report is available on a project, a copy may be obtained from the Department by the prospective bidders upon request. (b) The subsurface investigation is made for the purpose of study, planning, and desig…

19A NCAC 02D .0828 COMPUTER BID PREPARATION History Note: Authority G.S. 136-18(1); 136-28.1; Eff. November 1, 1991; Amended Eff. October 1, 1993; Repealed Eff. February 1, 2008.

19A NCAC 02D .0829 CONTRACT OFFICER History Note: Authority G.S. 136-18(1); 136-28.1; Eff. November 1, 1991; Repealed Eff. October 1, 1993.

19A NCAC 02D .0830 DEFINITIONS This Section establishes the Department's rules for letting of contracts pursuant to G.S. 136-28.1(a). For purposes of this Section, the following definitions shall apply: (1) "Bid" means the offer of a bidder on the proposal furnished by the Depart…

SECTION .0900 - REGULATIONS FOR INFORMAL CONSTRUCTION AND REPAIR CONTRACTS 19A NCAC 02D .0901 DELEGATION TO SECRETARY History Note: Authority G.S. 136-18(1); 136-28.1; 136-44.1; 136-45; 143-350(f); Eff. February 1, 1987; Repealed Eff. December 1, 1993.

19A NCAC 02D .0902 CONTRACT REQUIREMENTS History Note: Authority G.S. 136-18(1); 136-28.1; 136-44.1; 136-45; 143-350(f); Eff. February 1, 1987; Repealed Eff. November 1, 1991.

SECTION .1000 - ADOPT-A-HIGHWAY PROGRAM 19A NCAC 02D .1001 PURPOSE The North Carolina Department of Transportation's Adopt-A-Highway Program exists to support the Department's litter abatement efforts. History Note: Authority G.S. 143B-350; Eff. November 1, 1991; Pursuant to G.S.…

19A NCAC 02D .1002 DEFINITIONS For purposes of rules in this Section, the following definitions shall apply. (1) "Adoption" shall mean the agreement by an individual or group to pick up litter and trash from a specific section of highway right-of-way. (2) "Adopt-A-Highway Program…

19A NCAC 02D .1003 PARTICIPATION IN THE PROGRAM (a) The adoption of a section of highway is a privilege in consideration for public service that may be granted by the Department to individuals or groups who would assist the Adopt-A-Highway Program in achieving its purpose. (b) On…

19A NCAC 02D .1004 AGREEMENT Any individual or group desiring to participate in the Adopt-A-Highway Program shall submit an agreement to the Division Engineer of the Division in which the section of highway proposed for adoption is located. The agreement shall be in the form pres…