28-1104. Issuance of special permits; rules

A. The application for a special permit prescribed in section 28-1103 shall specifically describe the vehicle or vehicles and load to be operated or moved and the particular highways for which the permit to operate is requested. If the actual vehicle and load to be moved are subsequently of a lesser dimension or weight than that described on the permit, both of the following apply:

1. The director shall not require the operator to apply for a new permit or pay an additional fee.

2. The operator shall comply with all other conditions of the permit.

B. Subject to subsection E of this section and if the special permit is issued, the director or local authority may:

1. Establish seasonal or other time limitations within which the vehicles described may be operated on the highways indicated or otherwise limit or prescribe conditions of operation of the vehicle or vehicles, when necessary to assure against undue damage to the road foundations, surfaces or structures.

2. Require an undertaking or any other security as deemed necessary to compensate for an injury to a roadway or road structure.

C. The special permit shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any police officer or authorized agent of an authority granting the permit. A person shall not violate any of the terms or conditions of the special permit.

D. The director shall adopt rules for the movement of equipment without a special permit for the purpose of repair or for local operation.

E. A permit shall not be issued pursuant to section 28-1103 for moving a mobile home unless the applicant provides evidence of payment of all applicable ad valorem taxes or a clearance from the assessor of the county in which the mobile home is located. The clearance is valid for not more than thirty days, and the assessor shall issue the clearance if the assessor determines that all fees and ad valorem taxes applicable to the mobile home pursuant to title 42 have been paid as of the date of application. This subsection does not limit the discretion of the director or local authority to deny an application for a permit for moving a mobile home for reasons other than nonpayment of ad valorem taxes.