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Arkansas Oversize/Overweight Permit (6-AR-a)

Information current as of 2022
In Arkansas, a hydropower developer may need an Oversize/Overweight Special Permit (Permit) from the Arkansas State Highway Commission (Commission) to move vehicles of a size or weight exceeding the legal limits on a state highway. Ark. Code §27-35-210. The Commission has discretionary authority under Ark. Code. §27-35-210(a)(1)(A) to issue an Oversize/Overweight Special Permit. The Arkansas State Highway and Transportation Department (Department) authorizes the Commission to administer and carry out the applicable laws and regulations. AR. Const. amend. XLII, §1.


The Commission adopted the administrative process, standards, and conditions for issuing special permits in their Arkansas-Permit Rules for the Movement of Oversize and Overweight Vehicles on the Arkansas State Highway System (Permit Rules). The Commission has discretion to delegate the authority to issue Oversize/Overweight Special Permits to other state agencies. Ark. Code. §27-35-210(a)(1)(D).



Oversize/Overweight Permit Process


6-AR-a.1 to 6-AR-a.2 — Does the Vehicle and Load Exceed Arkansas’ Size and Weight Restrictions?

A developer must obtain a Permit if the developer’s vehicle and load exceed Arkansas’ size and weight restrictions. A vehicle is considered overweight or oversize, in Arkansas, if the vehicle dimensions are in excess of the statutory limits set forth below:

6-AR-a.3 — Oversize/Overweight Permit Application

If the developer’s vehicle or load exceeds Arkansas’ size or weight restrictions, the developer must submit an Oversize/Overweight Permit Application (Application) to the Arkansas State Highway and Transportation Department. Applications need to be made in person, in writing, by telephone, or online through the Arkansas Routing and Permitting System (ARPARS). Ark. Code. §27-35-210(a)(1)(A). Unless otherwise provided, approved permits are issued for a single (one-way) movement. Ark. Code. §27-35-210(b)(1)(A). A developer may request a Permit be issued for two (2) or more consecutive movements, all of which must be performed within six (6) consecutive days and are limited to two (2) contiguous counties within the state. Ark. Code. §27-35-210(b)(1)(B).

Applications for a Permit must describe:

  • The vehicle and load to be operated or moved;
  • The origin and destination of the vehicle and load;
  • The approximate dates within which the movement is to be completed; and
  • The particular highways for which a permit to operate is requested.

Ark. Code. §27-35-210(c).

More details can be found in Appendix 2 of the Permit Rules.

Each Permit will require a payment of $17. Ark. Code. §27-35-210(e)(1). However, there are no fees associated with a Permit issued to a governmental agency where the vehicle and load involved is governmental property and the proposed movement is on official business. Ark. Code. §27-35-210(h). Charges may be applied for each ton to be hauled in excess of the lawful weight limit. In addition, a security bond may be required to compensate for any damage caused to the road or road structures in carrying out the functions under the Permit. Ark. Code. §27-35-210(d)(4).

6-AR-a.4 to 6-AR-a.5 – Review Application Materials for Completeness

The Commission or the applicable state agency must review the Application for technical and administrative completeness.

6-AR-a.6 to 6-AR-a.7 — Review Application for Approval

The Commission or applicable state agency must review the Application for approval. The Commission or applicable state agency authorized to issue Permits considers the following factors in deciding whether to issue or withhold a Permit:

  • The condition of the highway to be used;
  • The ability of the highway to carry the oversize or overweight vehicle;
  • The danger to the public; or
  • Findings of repeated violations of prior Permits issued.

Ark. Code. §27-35-210(d)(1).

6-AR-a.8 — Oversize/Overweight Special Permit

Unless otherwise provided, the Commission or applicable authorizing state agency approves Permits for a single (one-way) movement. Ark. Code. §27-35-210(b)(1)(A). If the Commission or applicable state agency issues the Permit for two (2) or more consecutive movements, all movements must be performed within six (6) consecutive days and are limited to two (2) contiguous counties within the state. Ark. Code. §27-35-210(b)(1)(B).

The Commission or applicable authorizing state agency can establish seasonal, time limitations or other restrictions on the permits they issue. Ark. Code. §27-35-210(d)(2-3).

The permittee (developer) must place an issued Permit in their vehicle as prescribed in Ark. Code. §27-35-210(f)(1) . The permittee (developer) is the only authorized operator of the permitted vehicle. The permittee (developer) is responsible for compliance with all terms and conditions in the Permit. Ark. Code. §27-35-210(f)(2). The Arkansas State Highway and Transportation Department has the right to cancel, void, or invalidate a Permit at any time. Circumstances that may lead to the revocation of a Permit include:

  • The Commission or applicable authorizing state agency issued the Permit in error;
  • The Developer obtained the Permit under false pretenses or by any fraudulent means;
  • The Developer failed to comply with any provisions of a Permit, Permit rules or Arkansas law; and
  • The conditions existing at the time of issuance have changed in a way that would adversely affect the safety of the public or the integrity of roads or bridges.

Permit Rules at Rule 17(B).

6-AR-a.9 — Appeal Decision (Optional)

Any person may appeal a suspended permit by making a written request to the Arkansas Police Officer in charge of the Arkansas Highway Police Permit Section (Commander). All decisions of the commander are final. Permit Rules at Rule 17(E).


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