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Weight tolerance permit applicants must file a bond
or a letter of credit with TxDOT in an amount set by the department. The bond or
letter of credit must be payable to the department and to the counties of this
state, for any damage that might be sustained to the highway because of the
operation of the equipment for which the permit is issued.
Who needs to obtain a bond?
- When operating vehicles hauling non-agricultural commodities, carriers
must have a surety bond,
Form 1753
[pdf, 1 page, 31kb], or an irrevocable letter of credit for $15,000 in order to
obtain a weight tolerance permit.
- No bond or letter of credit is required for carriers with vehicles
hauling agricultural commodities. To verify classification of commodities,
contact the Motor Carrier Division.
How do I obtain and file Surety Bonds or Letters of Credit?
- Surety bonds are available from insurance or bonding companies.
- Applicants for permits must file the bond or letter of credit with the
Texas Department of Transportation. Mail the letter of credit or bond with the permit application
to:
TxDOT, MCD-BC
Box 13529
Austin, TX 78711-3529
Attention Weight Tolerance Permits
- The bond must have the company name and address printed on the face of
the bond. The bond must be:
- issued and signed by a resident Texas agent or countersigned by a
resident Texas Agent if issued out of the state,
- signed by an authorized person from the company requesting the bond,
- issued on Form 1753 for $15,000,
- irrevocable Letter of Credit (call MCD for sample of letter) $15,000,
- filed with the Motor Carrier Division before issuance of a permit.
- The Federal Deposit Insurance Corporation must guarantee deposits of any financial institution that issued the letter of credit.
- The bond and/or letter of credit is automatically renewed until the Motor Carrier Division receives a 30 day written notice to cancel.
Other Information
- Venue of a suit for recovery on a bond or letter of credit is in district court in the county in which the defendant resides, except if the defendant is a corporation or partnership, venue is in the county in which the defendant has its principal place of business in this state. If a corporation or partnership does not have a principal place of business in this state, venue is in district court in Travis County.
- Bonds must be surety bonds executed on the standard form.
- The name of the Principal must be the same throughout the bond and letter of credit.
- The Principal’s home town address and zip code must be shown.
- All signatures are required on the originals.
- The seal of the surety must be affixed to the bond.
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