The permit that requires insurance, and the condition on paying out
Alabama’s oversize and overweight permit statute, Ala. Code § 32-9-29, as amended by Act 2019-473, is aimed at a different kind of freight than aggregate — subsection (a)(1) conditions a permit on the load being “of such nature that it is a unit which cannot be readily dismantled or separated,” with bulldozers and similar construction equipment expressly not deemed readily separable. A mixed operation that moves its own machinery between job sites will meet it regularly.
The insurance condition inside it is the reason to read the section on an aggregate account. Subsection (b)(1)a. provides that a permit to operate a vehicle exceeding the statutory limits of height, weight, width or length “shall be issued only on condition of payment of an indemnity bond or proof of insurance protection for three hundred thousand dollars ($300,000.00),” conditioned for payment to the department to be held in trust for the benefit of the owners of bridges and their appurtenances, traffic signals, signs or other highway structures damaged by a vehicle operating under the permit.
Then comes the qualifier that changes its character entirely: “The liability under the bond or insurance certificate shall be contingent upon proof of negligence or fault on the part of the permittee, his or her agents, or operators.” This is not a strict-liability road bond of the kind several states impose. It is a fault-based security, and a permittee that damages a structure without negligence is outside it. That distinction is worth confirming against the wording of whatever instrument is actually filed.
The same subsection sets what an annual permit can and cannot authorize, including all enforcement tolerances: a total gross weight not exceeding one hundred fifty thousand pounds, with gross weights over one hundred thousand pounds requiring advance routing by the department; a single axle weight not exceeding twenty-two thousand pounds; a total length not exceeding seventy-five feet; a total width not exceeding one hundred twenty inches or a load width exceeding one hundred forty-four inches; and a height not exceeding fourteen feet.
Two discretionary powers sit above the schedule. Subsection (a)(5) lets the director withhold a permit, establish seasonal or other time limitations within which the described vehicles may operate on the indicated road, otherwise limit or prescribe conditions of operation when necessary to assure against undue damage to road foundation, surfaces or bridge structures, and “require such undertaking or other security as may be deemed necessary to compensate the state for any injury to any roadway or bridge structure.” Subsection (a)(6) lets the director refuse to issue, or cancel, suspend or revoke, a permit for just cause, including repeated and consistent past violations.