1. Home
2. Ideas
3. Uniform Enforcement of Divisible Loads

Uniform Enforcement of Divisible Loads

• Jul 13, 2024

Research Description

The objective of this research is to harmonize the enforcement of permits for divisible loads among States, starting with the definition of divisible loads that can be permitted, and then providing clarity for enforcement purposes of what that definition means in practice. The project will achieve its objective by: • Documenting the interpretations of divisible load rules. • Providing clarity and resources to support harmonizing the enforcement of divisible loads. • Improving compliance by industry with divisible load rules across States. • Improving efficiency as vehicles make fewer stops to comply with differing divisible load interpretations.

Typically, over dimensional permits are for non-divisible loads, meaning the load cannot be reasonably separated into smaller sizes per the definition of non-divisible loads in the Code of Federal Regulations (CFR) 23 CFR 658.5. However, there are exceptions that allow for over dimensional divisible loads which may vary by State due to Congressional authorizations and “grandfathered” rights for State-specific commodities. There are also varying interpretations among States of what qualifies as a divisible load based on the federal definition of non-divisible or whether a load can be divided.

It is understood from conversation with States and industry that varying interpretations may be at least partially because there has not been an opportunity for States to discuss and develop consensus on how divisible loads should be permitted. The research will serve the purpose of coordinating States and industry, identifying the range of interpretations and allowances for permitted divisible loads, and engaging the States and industry to harmonize enforcement across the country. Finally, the research will develop documentation intended to educate States and industry on what may qualify as a permitted divisible load.

State and industry will use this research to advocate for their interpretations of divisible load enforcement as well as to learn how and why interpretations differ. However, the research objective will be to harmonize enforcement and support consistency across States.

Additional Supporting Information

Both industry and State support this effort to provide a clear understanding of what is a permissible oversize/overweight divisible load and consistent enforcement across states.

A consideration is that while States may agree in theory on harmonized enforcement, practical harmonization will require States to review the proposed harmonized enforcement and take steps to align with it. In most cases, the steps toward harmonization will be procedural and not require changes in regulations. While the definition of divisible load will not change, industry and State will both need to be aware of how it will be interpreted to harmonize enforcement.

---

Submitted By

Matt Weatherford

Athey Creek Consultants

720-499-6582

Attachments