Permit Surety Bonds

If you are not required to obtain motor carrier registration from the Texas Department of Motor Vehicles (TxDMV) or Unified Carrier Registration, and you wish to apply for an oversize/overweight permit, you must file a bond (Form 439) with the TxDMV in an amount set by the Texas Department of Transportation (TxDOT) and payable to TxDOT, for any damage that might be sustained to the highway because of the operation of the equipment for which a permit is issued.

Who Does Not Need to Apply?

A bond is not required for the following:

• manufactured housing;
• certain farm equipment;
• annual permits for utility poles; and
• portable buildings, 14 feet or less in height and 80 feet in overall length;
• single trip mileage and quarterly permits for oil well servicing units and cranes.

How Do I Obtain and File Permit Surety Bonds?

Permit surety bonds are available from insurance or bonding companies.

Applicants for permits must file the bond with the TxDMV. The Motor Carrier Division encourages applicants to fax the completed bond and then mail the original immediately by regular mail to:

TxDMV Attn: MCD-BC
4000 Jackson Avenue
Austin, TX 78731

or by overnight mail to:

TxDMV Attn: MCD
4203 Bull Creek Rd. Bldg.#22
Austin, TX 78731

The electronic or fax copy of the bond is valid for 10 days only. The bond must have the company name and address printed on the face of the bond. The bond must be:

• issued by and signed by a resident Texas agent or issued by a non-resident agent with a valid Texas insurance license on behalf of an authorized insurance company when in compliance with Insurance Code, Chapter 4056;
• signed by an authorized person from the company requesting the bond;
• issued on Form 439 for $10,000; and
• filed with the TxDMV Motor Carrier Division before issuance of a permit.

A certificate of continuation is not acceptable. The bond must be renewed every year prior to August 31st.

Other Information

Venue of a suit for recovery on the bond is in Travis County.

By administrative rule making, the department has adopted the following rules concerning surety bond requirements:

• within the effective period of an Annual Bond (September 1 through August 31), all owned or leased vehicles, to that company, may be eligible for oversize/overweight permits;
• bonds must be permit surety bonds executed on the standard form, or facsimiles thereof (facsimiles will only be valid for ten days, original must be received after that time for continued permit issuance);
• bonds must be in the amount of $10,000;
• the name of the Principal must be the same throughout the form;
• the Principal's home town address and zip code must be shown;
• all signatures are required on both original and facsimile; and
• the seal of the surety must be affixed.

Fourteen day termination evidence must be given so the appropriate permit personnel can be notified in case the bond is cancelled prior to its expiration date.

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