*Needs title* 1950 no. 318

DOES DIRECTOR OF HIGHWAYS HAVE AUTHORITY TO ISSUE A PERMIT ALLOWING MOVEMENT OF HOUSES AND VEHICLES OVER PRIMARY STATE HIGHWAYS WHEN SAID HOUSES AND VEHICLES EXCEED LEGAL LIMITATIONS?

Director of Highways in his discretion and for good cause shown may issue permits for the movement of houses and vehicles which exceed legal limitations only when he can find as a fact that the highways to be traversed have been designed and constructed for weights and widths in excess of such maximum limitations.

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                                                                  August 7, 1950

Honorable William A. Bugge
Director of Highways
Transportation Building
Olympia, Washington                                                                                                      Cite as:  AGO 49-51 No. 318

Dear Sir:

            We have your request for our opinion on the following question:

            Does the Director of Highways have authority to issue a permit allowing the movement of ten houses over primary state highways by means of a truck-trailer combination, each house being 35 feet high, 24 feet wide and 79 feet long, the total length being increased by the power unit of the truck-trailer combination; the total weight of each load would be 110,000 pounds.  The truck-trailer combination is licensed to carry 68,000 pounds, and the highways involved are "designed and constructed for weights and widths in accordance with legal loads, as provided by law," while the traffic volume of the highways is in excess of 100 vehicles per day.

             [[Orig. Op. Page 2]]

            Our conclusion may be summarized as follows:

            Section 55 of the Motor Vehicle Act, as amended, authorizes the Director of Highways, in his discretion and for good cause shown, to issue permits for the movement upon highways having traffic of 100 or more vehicles pe1950r day of vehicles and loads having sizes and weights in excess of that otherwise permitted by law, but where the weight and width exceeds certain maximums set forth in that section, he may grant such permits only where he can find, as a fact, that the highways to be traversed have been designed and constructed for weights and widths in excess of such maximum limitations.

                                                                     ANALYSIS

            The answer to the question lies solely in the construction of the Washington Motor Vehicle Act, Chapter 189, Laws of 1937, as subsequently amended, Sections 47 to 57 of that Act (Rem. Rev. Stat. 6360-47 to 6360-57) pertain to size, weight, and load limitations in the use of state highways.  The first five of these sections impose such restrictions as to size and weight that the houses mentioned cannot be moved unless the Director of Highways has been given power to authorize such movement.

            In order to determine whether such power rests in the Director we must analyze section 55, as last amended by section 3, Chapter 221, Laws of 1949 (6360-55 Rem. Supp. 1949) which provides, in the first paragraph thereof, that the Director of Highways may,in his discretion and if good cause be shown, issue a special permit authorizing the movement of vehicles

            "of a size, weight of vehicle or load exceeding the maximum specified in this act or otherwise not in conformity with the provisions of this act."

            However, by the following paragraphs of section 55 the legislature has restricted this discretionary authority in certain particulars: the second paragraph requires that the vehicle be "licensed for the maximum gross  [[Orig. Op. Page 3]] weight allowed by law," the third paragraph imposes certain maximum weight limitations, the fourth paragraph restricts the width of load to 14 feet on an two lane highway, 22 feet on a three lane highway, and 32 feet on a four lane highway.

            We are informed that the width of load is 24 feet, so the discretionary authority of the Director is withdrawn unless all the highways to be used have four lanes.  We do not have information as to the weight per axle, but if such weight exceeds the limitations contained in the third paragraph of section 55, the power is there also removed.

            These restrictions on the discretionary power to grant "excess permits" are, however, relaxed by two provisos in the fourth paragraph.  The first states that thewidth limitations may be exceeded where the traffic is less than 100 vehicles per day.  Inasmuch as you state that the traffic volume on the highways to be traversed exceeds 100 vehicles per day, this proviso does not serve to empower the Director to issue the permit in question.  The next proviso reads as follows:

            "Permits may be issuedfor weights and widths of vehicles in excess of the preceding limitations on highways or sections of highways which have beendesigned and constructed for weights and widths in excess of such limitations:  * * *."  (Emphasis added)

            It is our opinion that this grant of authority, although in the form of a proviso to the fourth paragraph of section 55, pertains also to the limitations imposed in the third paragraph of that section.  This conclusion is reached because the subject matter is not only widths (the topic of the fourth paragraph), but also weights, with which the third paragraph is concerned.

            We therefore reach the conclusion that even should the weight and width of load exceed the maximum limitations imposed by section 55, the Director of Highways nevertheless may, in his discretion, issue the excess permitif he finds that the highways to be used have been designed and constructed for weights and widths greater than those limitations.

             [[Orig. Op. Page 4]]

            This latter finding is one of fact to be made by the Director.  Assuming that the width or weight of load exceeds the maximums, if he can find that the highways will not be injured by such use ‑ because of heavy construction ‑ he has authority, in his discretion and for good cause, to issue the permits; if the highways are not of such heavy design and construction to stand such movement, he has no power to issue such permits.  We are of the opinion that the power granted to the Director of Highways is one of limited discretion: he has complete discretion if the weights and widths are within the maximum limitations of section 55, but if they are in excess of such limitations he has discretion only if he finds as a fact that the highways to be traveled have been designed and constructed for weights and widths sufficient to allow this movement without damage to such roads.

            In summary, section 55 of the Motor Vehicle Act, as amended, authorizes the Director of Highways, in his discretion and for good cause shown, to issue permits for the movement upon highways having traffic of 100 or more vehicles per day of vehicles and loads having sizes and weights in excess of that otherwise permitted by law, but where the weight and width exceed certain maximums set forth in that section he may grant such permits only where he can find, as a fact, that the highways to be traversed have been designed and constructed for weights and widths in excess of such limitations.

Very truly yours,

SMITH TROY
Attorney General