My commissioners came back from a training CONVINCED that we have the legal authority to require "permits" from overweight vehicles. Now, these are "free" permits (which is what makes them legal?) and specify which roads will be used....so that we can charge for damages.

Anyone know where this idea came from? Anyone know the authority for it?

Thanks,

A guess, but ...

The same law that provides a constable is the only law enforcement officer who can arrest a sheriff?

Thanks, Scott...you are ALWAYS good for a smile! In all seriousness, this commissioner swears the presenter at a TAC conference stated that we MAY permit these vehicles, as long as we don't charge for the permit.

If anyone knows who made that presentation, I would like to visit with them and find their authority for the comment. Thanks...

I did a bit of research, and I can't find authority for that proposition.

If you find out who made the presentation, and what the basis for that assertion was, I'd sure be interested in hearing about it, as well.

I'm searching for the name of the presenter...I rather suspect I won't be the ONLY one with questions!!

Oh, please keep us posted on this one, Lisa.

All of a sudden...my Commissioner has some mental confusion. PLEASE REALIZE that this is the information HE gave me; I am not vouching for the veracity of it...His notes indicate that McCulloch County (he can't recall if it was a commissioner of county judge, doesn't think it was the CA) indicated that they were doing the "it's legal until you charge for them" permits. He seems to think that it was endorsed by a Bob Turner, who is billed as a "Rural Issues Consultant".

Well, Lisa, at least he's citing his authority for you.

Lisa, TAC recently had some training that covered this issue; one of my commissioners attended that course.

As I understand it, section 251.153 of the Transportation Code allows a county to set and enforce vehicle weight limits and section 623.018 lets counties issue permits for overweight vehicles, with certain exceptions.

However, if a vehicle has a state permit under section 623.011, that supercedes any county regulation of that vehicle (but the county may hold the driver and/or owner liable for any road damage the vehicle caused).

For the AG's take on this, see GA-0509.

Thank you, Mack - I'll dig into it some more. If there is a legal way to get $$ out of them to help out, we need to use it.

We're in the same boat here. I think our only real recourse is to go after their bonds.

Bonds? What bonds? And - how do you know who did the damage? We have too many companies using the same roads to be able to prove which one tore it up. I think that the fairest means I've heard of is to pro rate the damage based on share of the drilling activity and request payment.

The state requires a $15,000 bond for overweight vehicle permits under 623.012, and the county can sue to recover damages under 623.016.

Of course, proving it is problematic.

OK. Best I can tell, the trucks at issue have state permits, so there is nothing which allows us to require an additional one -- paid or not paid.

Civil suit on the state bonds, polite request to the companies at issue -- any other ideas? I have read the article in County, but it doesn't offer any authority for what is being done.

My commissioners have always had good luck getting drilling companies to pay for the damages to our county roads. Until now. . .

Has anyone every brought suit to recover damages from one of these companies? I suspect we would have to go after the bond. We are not limited to the amount of the bond are we? Any advice or pleadings would be great.

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