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If you are not required to obtain motor carrier registration, and you wish to
apply for an oversize/overweight permit, you must file a bond
(Form 439
[pdf, 1 page, 28 kb]) with
TxDOT in an amount set by the department and payable to the department, for any
damage that might be sustained to the highway because of the operation of the
equipment for which a permit is issued.
Who does not need to apply?
A bond is not required to transport the following:
- manufactured housing;
- certain farm equipment;
- annual permits for utility poles; and
- portable buildings, permanently mounted on skids, 14' or less in height and 80'
in overall length.
How do I obtain and file Surety Bonds?
Surety bonds are available from insurance or bonding companies.
Applicants for permits must file the bond with the Texas Department of
Transportation. The Motor Carrier Division encourages applicants to fax the
completed bond and then mail the original immediately by regular mail to:
TxDOT
Attn: MCD-BC
125 E. 11th Street
Austin, TX 78701-2483
or by overnight mail to:
TxDOT
Attn: MCD Division
4203 Bull Creek Rd. Bldg.#22
Austin, TX 78731
The faxed
copy of the bond is valid for ten days only. The bond must have the company name and address printed on the face of the bond.
The bond must be:
- issued by and signed by a resident Texas agent or issued by a non-resident agent
with a valid Texas insurance license on behalf of an authorized insurance
company when in compliance with Insurance Code, Article 21.11;
- signed by an authorized person from the company requesting the bond;
- issued on
Form 439
[pdf, 1 page, 28 kb] for $10,000; and
- filed with the Motor Carrier Division or delivered to a designated department
office before issuance of a permit.
A certificate of continuation is not acceptable.
The bond must be renewed every year prior to August 31st.
Other Information
Venue of a suit for recovery on the bond is in Travis County.
By administrative rule making, the department has adopted the following rules
concerning surety bond requirements:
- within the effective period of an Annual Bond (September 1 through August 31),
all owned or leased vehicles, to that company, may be eligible for
oversize/overweight permits;
- bonds must be surety bonds executed on the standard form, or facsimiles thereof;
- bonds must be in the amount of $10,000;
- the name of the Principal must be the same throughout the form;
- the Principal’s home town address and zip code must be shown;
- all signatures are required on both original and facsimile; and
- the seal of the surety must be affixed.
Fourteen day termination evidence must be given so the appropriate permit
personnel can be notified in case the bond is cancelled prior to its expiration
date.
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