(1) (a) Except as otherwise provided in this section, each person desiring to transport hazardous materials which require placarding under 49 CFR 172 or 173 in, to, from, or through this state shall submit a permit application for an annual permit to the department of transportation before beginning such transportation. Permit applications must be in a form designated by the department, and the department shall maintain records of all such applications. (b) Each annual permit is valid for one year following its issuance and shall be issued after the approval of the permit application by the department of transportation and upon the payment of a permit fee, which fee must be based on the number of motor vehicles the applicant operates within this state, as follows: Number of Motor Vehicles Permit Fee 1 - 5 $ 10 6 - 10 25 11 - 50 125 51 - 100 200 101 - 300 350 over 300 400 (c) Single trip permits may be obtained at all port of entry weigh stations. Each person transporting hazardous materials in, to, from, or through this state who has not obtained an annual permit from the department of transportation shall apply at the closest possible port of entry weigh station or at a department of transportation office for a single trip permit. Each single trip permit is valid for a single continuous business venture, but in no event shall the permit be valid for more than seventy-two hours, unless extended by any enforcement official for any reason the official deems advisable, including mechanical difficulties and road and weather conditions. A single trip permit shall be issued upon the approval of the permit application and upon the payment of a twenty-five-dollar permit fee. (d) The department of transportation shall provide the option to a company filing for a permit under this subsection (1) to file an express consent waiver that enables the company to designate a company representative to be a party of interest for a violation of this section. The appearance of the company representative in a court hearing without the operator when the operator has signed such waiver shall not be deemed the practice of law in violation of article 93 of title 13. (2) No annual permit application shall be approved unless the applicant: (a) Supplies proof of having obtained liability insurance as required by the United States department of transportation pursuant to 49 CFR 387. Proof of such liability insurance policy shall be filed with the department of transportation. The insurance carrier shall give thirty days' written notice for nonpayment of premium and ninety days' notice for nonrenewal of policy to the department before the cancellation of such policy. At any time that the insurance policy lapses, the permit shall be automatically revoked. (b) Agrees to comply with the rules and regulations promulgated pursuant to section 42- 20-108. (3) No single trip permit application shall be approved unless the applicant: (a) Supplies proof of having liability insurance as required by the United States department of transportation pursuant to 49 CFR 387 or signs a verification under the penalty of perjury as provided in section 42-3-122 that the applicant has the liability insurance as required by the United States department of transportation pursuant to 49 CFR 387; (b) Agrees to comply with the rules and regulations promulgated pursuant to section 42- 20-108. (4) The chief is authorized to promulgate such reasonable rules and regulations as may be necessary or desirable in governing the issuance of permits, if such rules and regulations are not in conflict with other provisions of state law. (5) Any fees collected pursuant to this section shall be transmitted to the state treasurer, who shall credit the same to the hazardous materials safety fund created in section 42-20-107.
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