Agreement Ihtt-002-2017 Regulations on Weights and Dimensions

REGULATING AUTHORITY FOR LAND TRANSPORTATION. The land transportation service in all its classes, modalities, and categories is directed, regulated, and authorized by the Honduran Institute of Land Transportation (IHTT), which has its domicile in the City of Tegucigalpa, Municipality of the Central District, with competence throughout the national territory, and which shall perform its functions in accordance with the operational structure established by the Honduran Land Transportation Law, its Special Regulations, and the provisions issued by the Honduran Institute of Land Transportation (IHTT) through its Executive Board. In accordance with the foregoing, this Special Regulation is mandatory for cargo transportation companies, the drivers of these vehicles, and even the users of this transportation modality service throughout the Republic, including those who use Honduran territory solely for international transit of merchandise. Likewise, it is mandatory in all ports, terminals, industrial zones, free trade zones, industrial complexes, and other logistics facilities where public or private land cargo transportation is used, to verify compliance with all criteria and specifications described in this Special Regulation, manuals, protocols, and other regulations that are approved and any reforms or updates that may occur according to advances in the science related to the matter and innovations that may be incorporated. It is established that, in general, for the land transportation of merchandise and hazardous waste, the IHTT shall issue the necessary special regulatory provisions that regulate and facilitate the operation of this specific modality of land transportation, a fundamental part of the Country's economy.

COMPETENCIES OF THE HONDURAN INSTITUTE OF TRANSPORTATION. The Honduran Institute of Land Transportation (IHTT), in the fulfillment of its mandate and for the purpose of guaranteeing the effectiveness and efficiency of Land Transportation in Honduras, shall exercise its powers and functions within the scope of the following competencies:

• 1)

  Normative competency;

• 2)

  Management competency; and, 3. Oversight competency.

NORMATIVE COMPETENCY. Normative competency consists of the power to enact special regulations and other provisions that regulate the provision of the public and special service of land transportation of persons, cargo, or merchandise or other means of land transportation, through the different levels of the national administrative organization, which shall be obligatory for all entities and persons in the public and private sectors in their respective entities and regional or local governments.

MANAGEMENT COMPETENCY. Management competency consists of the faculty that the authorities of the Honduran Institute of Land Transportation (IHTT) have to perform the actions necessary to comply with and enforce the provisions governing land transportation, within the scope of the powers granted in the Honduran Land Transportation Law and Special Regulations that are issued by the IHTT.

OVERSIGHT COMPETENCY. It comprises the supervision, detection of infractions, and the imposition of sanctions for non-compliance with legal provisions related to land transportation, in such a way that it guarantees to Users of the Land Transportation Service the greatest and best conditions of quality, safety, comfort, efficiency, and economy.

INTER-INSTITUTIONAL COOPERATION. The Honduran Institute of Land Transportation (IHTT) must promote the coordination of its competencies with municipalities and other public institutions through agreements or other cooperation mechanisms that are necessary for their effectiveness and proper achievement of the provisions established in the Honduran Land Transportation Law and Special Regulations that are issued by the IHTT. CHAPTER II LIMITS AND CONTROL OF WEIGHTS, DIMENSIONS, AND CARGO CAPACITY OF LAND TRANSPORTATION VEHICLES

DIMENSIONS OF CARGO TRANSPORTATION. The owners of motor vehicles for land transportation such as buses, single trucks, articulated trucks with semi-trailers, trailers, carts, or any other similar vehicles that circulate on the public roads of the country, including those of public institutions, must comply with the provisions established regarding the weights, dimensions, and capacity determined in this Special Regulation. An integral part of this regulatory body is the IHTT Weight and Dimension Manual or Guide with which the entire population and the different sectors and modalities of Land Transportation are effectively guided, part of which is contained in the graphics of Article 14 of this Special Regulation.

REGULATING ENTITY, CONTROL, SURVEILLANCE, AND OVERSIGHT. The IHTT is the competent entity that regulates, controls, monitors, and supervises the weights, dimensions, and capacity of land transportation vehicles in order to verify whether the units comply with the provisions established in the Honduran Land Transportation Law and this Special Regulation. Likewise, it has the competency to certify the type of cargo vehicle that may obtain a concession and that may circulate on the available roads in accordance with its specific conditions and dimensions; that is, based on the permitted maximum capacity of the cargo vehicle, the permitted dimensions of the same are adapted (Distance between rear and front axles, width and height of the body, among other regulations); in general, the IHTT has the competency to establish the physical characteristics and contribute to regulating the operating speed of the cargo vehicle, in accordance with the type of road available in the Country.

DIMENSIONS. The dimensions of a motor vehicle and its combinations shall not exceed the limits established in Table Number 2 of Article 12 of this Special Regulation and, in any case and circumstance, must be in accordance with the guiding graphics regarding weights and dimensions contained in Article 14 of this Special Regulation.

No articulated vehicle, that is, Tractor or Head with units coupled to the tractor or head and part of its weight rests on these) and complete or full trailers (No part of this rests on the tractor or head) may exceed the maximum combination permitted by this Special Regulation and the international agreements signed on the matter regarding circulation on highways, with respect to weights and dimensions of cargo vehicles, whose maximum combination is T3-S3, in accordance with the tables contained in the following articles.

MAXIMUM WEIGHTS FOR CARGO TRANSPORTATION. The maximum weights authorized for land transits in the Country shall be governed by Table No. 1 contained in this article, which are expressed in metric tons (1,000 kilograms equivalent to 22 carats). In all cases, tires must be pneumatic, and it is not permitted to introduce or place on the rolling surface of the same, metallic objects that form protrusions. The circulation of vehicles or combinations of vehicles whose weight per axle does not exceed the limits indicated below: TABLE No. 1 WEIGHT LIMIT PER AXLE Vehicle Types | First Axle | Second Axle | Third Axle | Fourth Axle | Fifth Axle | Sixth Axle | Total C2 | 5 | 10 | | | | | 15 C2-R2 | 5 | 10 | 7 | 7 | | | 29 C3 | 5 | 8.25 | 8.25 | | | | 21.5 C3-R2 | 5 | 8.25 | 8.25 | 7 | 7 | | 35.5 C3-R3 | 5 | 8.25 | 8.25 | 7 | 6 | 6 | 40.5 C4 | 5 | 6.667 | 6.666 | 6.666 | | | 25 T2-S1 | 5 | 9 | 9 | | | | 23 T2-S2 | 5 | 9 | 8 | 8 | | | 30 T2-S3 | 5 | 9 | 6.667 | 6.666 | 6.666 | | 34 T3-S1 | 5 | 8 | 8 | 9 | | | 30 T3-S2 | 5 | 8 | 8 | 8 | 8 | | 37 T3-S3 | 5 | 8 | 8 | 6.667 | 6.666 | 6.666 | 41 Others (1) | | | | | | | Variable (1) Combinations and variable weights, subject to circulation with special temporary permits

DIMENSIONS OF VEHICLES. TABLE No. 2 MAXIMUM TOTAL LENGTHS VEHICLE TYPE | MAXIMUM TOTAL LENGTH (Meters) C2 | 12.00 C2-R2 | 18.30 C3 | 12.00 C3-R2 | 18.30 C3-R3 | 18.30 C4 | 16.75 Others (1) | 8.00 T2-S1 | 22.40 T2-S2 | 22.40 T2-S3 | 22.40 T3-S1 | 22.40 T3-S2 | 22.40 T3-S3 | 22.40 Others (2) | From 18.30 to 23.00 maximum (1) Combinations and variable weights, applicable to non-articulated vehicles and/or with trailer (2) Combinations and variable weights, which to circulate require special temporary permits

DISTANCE BETWEEN AXLES. The minimum distance in meters between the two farthest axles shall comply with what is established in the following table: TABLE No. 3 DISTANCE BETWEEN AXLES VEHICLE TYPE | MINIMUM DISTANCE BETWEEN THE TWO FARTHEST AXLES (Meters) | TOTAL WEIGHT (METRIC TONS) C2 | 5.00 | 15 C2-R2 | 12.38 | 29 C3 | 5.00 | 21.5 C3-R2 | 14.40 | 35.5 C3-R3 | 14.40 | 40.5 C4 | 5.00 | 25 Others (1) | Less than 5.00 | 10 T2-S1 | 6.67 | 23 T2-S2 | 10.50 | 30 T2-S3 | 10.50 | 34 T3-S1 | 10.50 | 30 T3-S2 | 14.40 | 37 T3-S3 | 14.40 | 41 Others (2) | Variable | Variable (1) Combinations and variable weights, applicable to non-articulated vehicles and/or with trailer (2) Combinations and variable weights, which to circulate require special temporary permits

GUIDING GRAPHICS WITH RESPECT TO PERMITTED WEIGHTS AND DIMENSIONS IN ACCORDANCE WITH PREVIOUS TABLES. [Multiple illustrations of truck models C2, C2-R2, C3, C3-R2, C3-R3, C4, T2-S1, T2-S2, T2-S3, T3-S1, T3-S2, T3-S3 are included with their respective dimensions and weights per axle] ILLUSTRATION 1. MODEL OF TRUCK C2 ILLUSTRATION 2. MODEL OF TRUCK C2-R2 ILLUSTRATION 3. MODEL OF TRUCK C3 ILLUSTRATION 4. MODEL OF TRUCK C3-R2 ILLUSTRATION 5. MODEL OF TRUCK C3-R3 ILLUSTRATION 6. MODEL OF TRUCK C4 ILLUSTRATION 7. MODEL OF TRUCK T2-S1 ILLUSTRATION 8. MODEL OF TRUCK T2-S2 ILLUSTRATION 9. MODEL OF TRUCK T2-S3 ILLUSTRATION 10. MODEL OF TRUCK T3-S1 ILLUSTRATION 11. MODEL OF TRUCK T3-S2 ILLUSTRATION 12. MODEL OF TRUCK T3-S3 ILLUSTRATION 13. MODEL OF TRUCK NOT PERMITTED. MAY ONLY CIRCULATE WITH A SPECIAL TEMPORARY PERMIT WHICH IS TEMPORARY.

REDUCTION OF CARGO AND WEIGHTS. The IHTT for reasons of traffic safety or any other matter of public interest and whenever it deems it necessary, and after conducting the technical investigations of the case, may reduce the loads per axle and the maximum total weights noted in the previous articles in certain road sections or on a particular bridge, giving the corresponding notice by any means of dissemination and by means of appropriate signs placed at each end of the affected or regulated section or bridge.

DAMAGE TO ROAD INFRASTRUCTURE. In the event of damage to road infrastructure and bridges that limits free vehicular circulation, prior to the corresponding publications and/or signage for justified reasons, the IHTT may order the necessary temporary reduction or expansion of the weight and dimension limits established by this Special Regulation on certain roads or bridges in particular when this article is applied.

VARIATION IN OVERWEIGHT CARGO TRANSPORT. The weights of cargo transport vehicles in their different modalities in principle may not exceed the limits established in the preceding article; exceptionally, a variation of up to five (5%) of the weight per axle indicated in all cargo transport vehicles in their different modalities will be admitted.

SANCTIONS IN OVERWEIGHT CARGO TRANSPORT. If the vehicle transports a load that exceeds the weight permitted according to its configuration and that recorded in the cargo manifest, the IHTT, through the corresponding personnel assigned for such purpose, has the obligation to impose the corresponding sanction, and if the driver does not carry a cargo manifest, he shall incur another sanction, since these are different conducts that must be sanctioned in accordance with the regulations currently in force.

MODIFICATION OF VEHICLE CHARACTERISTICS. In the event that a vehicle must be modified and as a consequence thereof undergoes changes in its characteristics such as length, width, total height, distance between axles, number of axles, type of engine and others, the owner is obligated to submit the corresponding written request to the IHTT to effect such modification and await its authorization provided that it complies with the parameters established herein, prior to obtaining a new Certificate of Operation for the modified vehicle. The processing of this request must be executed with expediency and administrative simplification in reduced timeframes and procedures.

DETERMINATION IN CERTIFICATE OF OPERATION OF PERMITTED WEIGHTS AND DIMENSIONS. The Honduran Institute of Land Transportation (IHTT) must indicate in the Certificate of Operation of a determined vehicle, in addition to what is established in the Land Transportation Law of Honduras and this Special Regulation, the maximum permissible weights and dimensions, both gross weight and per axle, in accordance with this special regulatory body, taking into account the characteristics of the vehicle; and must maintain the necessary control over the issuance, renewal, replacement, cancellation or revocation of documents of this nature, as well as oversight for strict compliance with this Special Regulation. In the event that the driver of the vehicle does not carry the Certificate of Operation corresponding at the time of an inspection of the weight of his load and its dimensions, he shall be sanctioned as corresponds by law for this matter; however, the inspection shall always be applied, for purposes of weight and dimension control, considering the limits established in this Special Regulation for the type of vehicle in question, as well as when those contained in the Certificate of Operation do not substantially, technically and evidently coincide with the regulations established here for that type of vehicle; remaining subject to the necessary investigations to determine such matter and proceed with the corresponding modification. CHAPTER III SPECIAL TEMPORARY PERMIT FOR OVERWEIGHT AND/OR OVER-DIMENSIONED CARGO

SPECIAL TEMPORARY PERMIT FOR TEMPORARY TRANSPORT OF OVERWEIGHT AND OVER-DIMENSIONED CARGO. The Honduran Institute of Land Transportation (IHTT) shall issue a Special Temporary Permit to temporarily circulate with overweight or over-dimension for simple or combined vehicles, empty or loaded, whose characteristics in dimensions or weights exceed the limits of normal cargo regulated through Tables 1, 2, and 3 of Articles 11, 12, 13 and 14 of this Special Regulation. As a general rule this permit shall be issued for a single trip in accordance with Article 41 of the Land Transportation Law of Honduras, upon request of the interested party made at least 3 days in advance, which shall not exempt from liability for any damage to structures or accidents that may occur with the transport during the authorized route. The authorization shall expressly state that the owners of the respective vehicles are obligated to repair or reconstruct, to the satisfaction of the competent authorities, any road section, area or structure that is damaged as a consequence of the transport of said cargo. The processing of this request must be executed with expediency and administrative simplification in reduced timeframes and procedures.

CAUSES FOR GRANTING SPECIAL TEMPORARY PERMIT FOR TEMPORARY TRANSPORT OF OVERWEIGHT AND OVER-DIMENSIONED CARGO. The Special Temporary Permit for Temporary Transport shall be issued in the following cases:

• 1)

  Transport of long or indivisible cargo;

• 2)

  Units intended for agricultural transport;

• 3)

  Units intended for industrial transport or those used in public works of special use;

• 4)

  Self-propelled mobile cranes must transit without counterweights, for which purpose a request must be previously submitted to the IHTT for the corresponding Special Temporary Permit; and, 5. Others at the discretion and decision of the IHTT.

GENERAL CONDITIONS FOR TRANSPORT OF OVERWEIGHT AND OVER-DIMENSIONED CARGO. Depending on the characteristics of the cargo, type of transport to be used and routes to be utilized, the holder or person responsible for the cargo, the holder or person responsible for the transport or the driver, are obligated to comply, in general, with the following conditions, as applicable:

• a)

  Verify weights and dimensions at Fixed Weighing Control Stations (ECP) or with mobile scale equipment, for which they are obligated to stop at Weighing Control Stations (ECP), whether these are fixed or mobile scales, or any other mechanism approved and implemented by the IHTT, in order that their loads and dimensions be verified;

• b)

  Carry ahead and/or behind red flags, amber colored beacons and flashing lights;

• c)

  Place large red cloth flags with reflectivity at the projecting ends of the cargo, outline its volumetry with reflective tape and/or make use of lights if its movement is carried out during nighttime hours, place a reflective sign visible with the description "WIDE LOAD";

• d)

  Take the necessary measures to reinforce in an acceptable manner those structures that in the opinion of the competent authorities are not suitable for supporting the loads indicated in the permit;

• e)

  Travel only during daylight and on the right lane of the roadway according to the direction of travel; nighttime travel may be authorized provided that it complies with safety conditions delimited and issued by the competent bodies;

• f)

  Yield right of way to other vehicles on bridges and narrow sections of the road, abandoning in these cases the paved roadway and parking in appropriate places where free circulation of vehicular traffic is permitted without any interruption;

• g)

  When transiting over bridges, it must be done through the center at a maximum speed of 10 kilometers per hour without making speed changes. Except in case of caution, emergency or to avoid an accident;

• h)

  Not circulate on Sundays or holidays;

• i)

  Not circulate with fuel leaks, lubricants, molasses or any other fluid that damages the pavement or represents danger to other drivers and pedestrians in general;

• j)

  Circulation schedules and days may be restricted by the IHTT;

• k)

  It is strictly prohibited to transit over Bailey bridges, and alternative roads, fords or detours must be used for this purpose;

• l)

  It is the obligation of the driver or operator to verify heights prior to passing under metal overhead bridges;

• m)

  That the transport be carried out at a speed not exceeding that indicated by the IHTT in the respective permit;

• n)

  As a rule, circulation in convoy is prohibited; if done, this circumstance must be communicated to the IHTT, and when authorized, they must separate when transiting over bridges and on roads must maintain a distance of not less than thirty meters (30 Mts.) between each vehicle, and the IHTT may establish or redefine these distances in each case; o. The necessary measures must be taken to securely reinforce those structures that, in the judgment of the IHTT, are not suitable for supporting the loads indicated under the current structure of the vehicle and, if necessary, in coordination with trained IHTT personnel or other State institutions, analyze the use of overpasses or bracing of certain structures to authorize passage over them. p. All these conditions may be expanded or reduced, and even some of them may be waived by the IHTT, depending on each specific case, which shall be justified and recorded in each permit or individual authorization. Additionally or, in relation to the above, when sugar cane or similar products are transported, it may be done using and circulating with a double trailer or accompanying trailer attached to the same tractor or truck, and must comply, if applicable in practice, with the following requirements and conditions:

  • a)

    Sugar cane loads shall not protrude from the structures of the vehicle, trailer and cart more than one meter behind or in front of the vehicle;

  • b)

    Must take the necessary measures to reinforce in an acceptable and safe manner those structures of the cart that must support loads;

  • c)

    Must carry visible danger signals, such as flags with fluorescent and electric colors, reflective tapes and flashing lights turned on;

  • d)

    Must be driven at the maximum speed that the IHTT authorizes in each specific case;

  • e)

    That at the cost of the petitioners or sugar refineries damages that may be produced by the transport of the cargo are repaired, even for damages caused to third parties;

  • f)

    That any projecting load be properly flagged;

  • g)

    That during the trip, the vehicle maintains lights on and carries appropriate warning signals of danger;

  • h)

    Maintain a space or distance that the IHTT authorizes in each specific case, between the front part of the cab and the rear part of the trailer that precedes it in order to facilitate circulation and overtaking of other vehicles;

  • i)

    Adequately secure the load being transported, in such a way that it covers the entire upper part of the carts and thus avoids the detachment of the cargo when transiting;

  • j)

    If it is necessary to park the vehicle to be able to continue the trip during daylight hours, it must be done in a place outside the road where it does not constitute any danger to traffic;

  • k)

    Only carts or trailers carrying pneumatic tires may circulate under this permit or authorization;

  • l)

    These motor vehicles are obligated to submit to the control and surveillance mechanisms established by the IHTT, or the traffic or Public Safety authority acting at its request, in order to verify by any means, moment and place the weights and dimensions and other characteristics of the vehicles covered to circulate by this authorization;

  • m)

    When, due to the effect of the weight of the transport units subject to this Authorization, they cause damage to the paved road network of the country on the route where they circulate, the owners of the vehicles and jointly the sugar refinery to which they provided the service, shall be obligated to repair or reconstruct to the satisfaction of the competent authorities, any section or area of road or structure that is damaged as a consequence of the transport of said cargo;

  • n)

    The motor vehicle that transports the carts will require for its circulation, the registration and corresponding license plate, as well as carry the exploitation permits and operating certificates duly legalized and current, and must carry these latter in original and in a visible place within the vehicle in view of the authority; o. The other requirements and provisions established in the Land Transportation Law of Honduras and this Special Regulation. p. All these conditions may be expanded or reduced, and even some of them may be waived by the IHTT, depending on each specific case, which shall be justified and recorded in each permit or individual authorization. The processing of this type of request must be executed with expediency and administrative simplification in reduced timeframes and procedures. It is established that in support of the agricultural or industrial sector and other productive sectors of the Country, the requirements, conditions, periods of validity, procedure, issuance or granting, charges for issuance, of Special Temporary Permits to these sectors, may be adapted or differentiated in a special manner and, notified to the interested parties through specific instructions through which the special treatments that correspond shall be created.

SIGNAGE OF OVER-DIMENSIONED CARGO IN THE REAR AND FRONT OF THE UNIT. When the cargo protrudes longitudinally across the entire width of the rear of the vehicle, two signage panels shall be placed transversely, each at one end of the cargo or the width of the material that protrudes. Both panels must be placed in a manner that forms an inverted "V" geometry, with red and white stripes. When the vehicle circulates between sunset and sunrise or under meteorological or environmental conditions that substantially reduce visibility, the cargo that protrudes from the rear must be signalized, in addition, with a red light. When the cargo protrudes from the front, it must be signalized by means of a white light. These conditions may be expanded or reduced, and even some of them may be waived by the IHTT, depending on each specific case, which shall be justified and recorded in each permit or individual authorization.

SIGNAGE OF OVER-DIMENSIONED CARGO IN THE LATERAL PART OF THE UNIT. Loads that protrude laterally from the vehicle envelope, in such a way that their lateral extremity is found at more than 0.40 meters from the outer edge of the front or rear position light of the vehicle and when substantially reduce visibility, must also be signalized in each of their lateral extremities, towards the front, by means of a white light and a white reflective device, and towards the rear, by means of a red light and a red reflective device. These conditions may be expanded or reduced, and even some of them may be waived by the IHTT, depending on each specific case, which shall be justified and recorded in each permit or individual authorization.

INDIVISIBLE CARGO. In the event that eventual transport of excessive or indivisible loads is necessary through a determined section of paved or gravel road or when for reasons of public interest heavy machinery or other cargo that cannot be proportionally distributed in different units must be transported, nor transported by any other specialized means, the Honduran Institute of Land Transportation (IHTT) may likewise grant a Special Temporary Permit to circulate with overload or over-dimension for such transport.

CIRCULATION RESTRICTION. The applicant shall have the right solely and exclusively to circulate through the route indicated in the respective Special Temporary Permit and commits to secure the cargo with the attachments that the IHTT indicates and that in general are established in this Special Regulation.

VALIDITY OF SPECIAL TEMPORARY PERMIT. The Special Temporary Permit, in general, shall be valid only for the trip indicated in the corresponding permit and for simple or combined vehicles, empty or loaded, whose characteristics in dimensions or weights exceed the limits established in this Special Regulation; exceptionally they shall be for seasons not exceeding 6 months, when this is from an industrial or productive activity that is carried out by season.

SCHEDULES FOR CIRCULATION OF UNITS. The trip must be limited to daytime hours (6:00 a.m. to 6:00 p.m.) and must take the necessary time to be able to carry out the trip at a speed according to the type of cargo and according to specifically what the IHTT authorizes in each specific case. If the vehicle were to park in order to continue the trip during daytime hours, it must be done in a place outside the road where it does not constitute any danger to traffic, nor obstruct it. Due to circumstances in which circulation makes traffic unfavorable, weather conditions, by taking place during peak traffic hours when passing through urban areas, or of another kind, the IHTT may delay or restrict the trip until the cause for which it was postponed disappears.

REQUEST FOR SPECIAL TEMPORARY PERMIT. The request for a Special Temporary Permit for overload or over-dimension must contain the following information:

• a)

  Description and dimensions of the cargo;

• b)

  The appropriate attachments that will be used to secure the cargo;

• c)

  Origin and destination of the trip;

• d)

  Description of the routes to be followed;

• e)

  Date and scheduled hours for the trip; and, f. Description of the vehicle that will effect the haulage such as: the type, number of axles and spacing between them, license plate, model, nationality, horsepower, width, length, height, front and rear overhang of the loaded vehicle, weight of the cargo, weight of the empty vehicle, including any trailer and total gross weight.

GRANTING OF SPECIAL TEMPORARY PERMIT. Once the request is received by the IHTT with all corresponding documentation, it shall proceed to grant the requested permit, following favorable technical study and analysis. In this, road wear, possible damage to existing structures, safety for private transit and other aspects it deems appropriate shall be considered. The processing of this type of requests must be executed with celerity and administrative simplification in reduced timeframes and procedures. It is reiterated that in support of the agricultural or industrial sector and other productive sectors of the Country, the requirements, conditions, validity periods, procedures, issuance or granting, charges for issuance of Special Temporary Permits to these sectors, may be adapted or differentiated in a special manner and, notified to interested parties through specific instructional guidelines through which the corresponding special treatments shall be created.

OBLIGATIONS OF THE HOLDER AND/OR BEARER OF A SPECIAL TEMPORARY PERMIT. Once the Special Temporary Permit for overload or overdimension is issued, it shall contain as obligations of its holder, as well as the driver as bearer and agent thereof, the following:

• a)

  If the nature of the cargo and the road through which it will transit requires it, commits to construct at its own expense detours or channels that in the judgment of the IHTT are necessary for the protection of bridges and architectural or artistic works, by means of which the corresponding technical analyses and evaluations shall be made, for the use of overbridges or bracing of certain structures, prior to authorization, coordinating all work with corresponding IHTT personnel or any other state or public entity to which the IHTT requests collaboration for that purpose;

• b)

  To indemnify damages that could occur in its transportation, in infrastructure such as bridges, architectural or artistic works, road dividers, central medians, curbs, terracing and pavement of the road or highway, among others; as well as damages caused to third parties and their properties;

• c)

  That the transport be carried out at a speed no greater than the maximum indicated by the IHTT in the respective special authorization;

• d)

  That any projecting cargo be properly signaled;

• e)

  To take necessary precautions when passing under electrical cables, cable lines, and others, measuring its height prior to passing to avoid damages that failure to do so would result in;

• f)

  That during the trip the vehicle maintain its lights on and carry appropriate warning signals of danger in accordance with this Special Regulation;

• g)

  Compliance with the other specifications established by this Special Regulation, in general, for cargo with overdimension or overweight.

ESCORT PATROL. Once the Special Temporary Permit for overload or overdimension is issued and in cases where the IHTT determines that the movement in question constitutes a serious danger to third parties, the vehicle must be preceded by a patrol of the National Directorate of Roads and Transport (DNVT) formerly National Directorate of Traffic, and in cases qualified by the IHTT, may be preceded by private security patrols that are contracted for that purpose by the Permit Holder.

AGRICULTURAL TRACTORS WITH TRAILERS. In general, agricultural tractors may haul only the quantity and quality of trailers authorized by the IHTT and shall require for their circulation on primary or secondary highways a Special Authorization for overload or overdimension, under the conditions and forms provided by the IHTT in each specific case, being able to be benefited in accordance with what is established in the final paragraph of Article 31 of this Special Regulation.

NON-COMPLIANCE. Non-compliance with the provisions of the Special Temporary Permits, in its case, shall give rise to the imposition of the corresponding sanction and/or the possible revocation of the vehicle's Certificate of Operation. In this case, its holder may apply for a new permit, after one year following the revocation, if there has been no recidivism as holder of this sanction.

WEIGHING CONTROL STATIONS (WCS). It is the competence of the Honduran Institute of Land Transport (IHTT) through the General Inspectorate of Land Transport (IGTT) or another department that jointly or separately delegated for that purpose by the IHTT, to have specific personnel for the control of weights and dimensions of motor vehicles and their vehicle combinations intended for cargo transport and other modalities as established, subject to this Special Regulation, which shall have Weighing Control Stations (WCS), fixed or stationary and mobile or portable or, other types of technology for those purposes (Such as but not limited to, High-Speed Dynamic Vehicular Weighing Systems), on different highways or other strategic points in the Country. In order to guarantee that cargo vehicles and others circulating on the roads of the national territory comply with the regulation of permissible limits, the IHTT may dispose of Weighing Control Stations (WCS) in the vicinity of land borders, its ports, as well as in strategic points of its road network, in order to regulate weight and dimensions throughout the national territory, such as cargo-generating zones, among others. To facilitate compliance with what is herein provided, the IHTT may enable and equip the old weighing stations to properly take advantage of those physical spaces and strategic locations, with prior authorizations from the State Department in the Offices of Infrastructure and Public Services (INSEP).

QUALITY MANAGEMENT. The Honduran Institute of Land Transport (IHTT) through the General Inspectorate of Land Transport (IGTT) or another department that jointly or separately delegated for that purpose by the IHTT, must establish a quality management system for the inspection activity, so that this responds to the standards and guidelines applicable at national and international levels, in order to guarantee that it is reliable, effective and transparent to the measurement equipment.

PERSON RESPONSIBLE FOR WEIGHT AND DIMENSION CONTROL. The control of weights and dimensions shall be in charge of the General Inspectorate of Land Transport (IGTT) or another department that jointly or separately delegated for that purpose by the IHTT, which shall be responsible for the planning, organization, installation, maintenance, operation and administration of the activities of weight and dimension control of the vehicles that correspond.

CONSTRUCTION OR ENABLEMENT OF WEIGHING CONTROL STATIONS (WCS). The IHTT, by itself or joining efforts through interinstitutional cooperation with other public or state institutions, or with non-profit organizations of cargo transporters of the country or, even with state concessionaires of corridors or road sections of the Country, that cooperate with the IHTT in providing Honduras with a NATIONAL SYSTEM FOR WEIGHT AND DIMENSION CONTROL, may implement in stages the installation or enablement of Weighing Control Stations (WCS) and in their designs or conditions shall take as a basis the type of highway, traffic volumes and vehicle typology, as well as the following general considerations:

• a)

  Availability of necessary elements for traffic routing, without interrupting vehicle flow but, without disregarding the mandatory nature of weighing and control to those to whom it corresponds in accordance with this Special Regulation;

• b)

  Road signage for approach to Weighing Control Stations (WCS);

• c)

  Placement of signaling devices for circulation control in the Weighing Control Station (WCS);

• d)

  Specific areas for cargo verification, as applicable;

• e)

  Parking areas;

• f)

  Enabled area that guarantees the necessary operations for handling cargo that is appropriate due to cargo imbalance or overweight, as applicable; and, g. Others that technically, in each case, the IHTT deems necessary.

COMPLEMENTARY TECHNICAL EQUIPMENT. Measurement equipment used in the framework of this Special Regulation must be properly calibrated and must have the approval and supervision of the IHTT.

MANDATORY WEIGHING. All cargo transport vehicles and others established by the IHTT, must obligatorily pass through Weighing Control Stations (WCS) fixed or when operations are performed with mobile scales, without prior requirement and upon doing so the driver must present his driving license, his pilot certification and the inspection report(s), exploitation permit and certificates of operation, according to the type of vehicle in question and pertinent cargo documents such as the cargo manifest of origin and other relevant documents. The fact that it was required previously in a weighing control does not exempt the driver from the obligation to weigh his vehicle again at the next scale, if so required by the IHTT. Vehicles that Weighing Control Stations (WCS) personnel verify are traveling empty may continue their route.

WEIGHT REPORTS OR RECEIPTS. Weighing Control Stations (WCS) once the corresponding control is performed, shall issue to the drivers of the units the corresponding Weight Report or Receipt by axles, which shall indicate at minimum the following:

• a)

  License plate number;

• b)

  Weight per axles;

• c)

  Gross total weight;

• d)

  Date and time of the control performance; and, e. In case of having problems, the overweight and/or cargo imbalance and/or overdimension shall be evidenced in the same.

PROHIBITION ON CIRCULATING WITH OVERWEIGHT. Once verified at the Weighing Control Station (WCS) that a vehicle exceeds the authorized limits, it may not continue its route nor return to its place of origin unless the excess cargo is removed, reduced, redistributed or the dimensions thereof are corrected by vehicle axle. In case the excess cargo does not exceed 5% of the authorized weight, it shall be permitted to continue with the corresponding sanction under law. Removed cargo or a detained vehicle shall not obstruct the highway or access to the Weighing Control Station (WCS) and a reasonable time period shall be granted for the removal of the excess. In case of failure to do so within the period before indicated, it shall be sanctioned with the fine corresponding under law. In the event that the owner or owners do not retrieve their cargo unloaded at Weighing Control Stations (WCS) within a period of 30 calendar days, prior compliance with corresponding procedures, as applicable, this cargo may become property of the State, without right to any indemnification and shall be disposed of directly for public works, or for charitable purposes or other non-profit public purposes, when these can fulfill that purpose, or be re-auctioned to donate its monetary proceeds to those purposes, as determined by the IHTT.

RESPONSIBILITY FOR CARGO CUSTODY. Personnel of Weighing Control Stations (IHTT) shall have no obligation to custody or remove the cargo nor the vehicles referred to in the previous article, for which they shall provide corresponding advisory services, all cargo shall be in charge of the owners, transporters or drivers of the units.

PERISHABLE CARGO. When it is a matter of perishable overloads, volatile, dangerous or easily perishable goods such as fruits, vegetables, milk or its derivatives, meats, cold cuts, bulk cement and others of similar nature, exceeds 20% of the limit at the discretion of the IHTT is possible its circulation, fines shall be preferred and if possible they shall be permitted to continue with their trip with accompaniment of a police patrol or, at least guaranteeing the control of Police Post to Police Post, for which collaboration shall be requested from the National Directorate of Roads and Transport (DNVT) formerly National Directorate of Traffic, in order that it be driven at low speed and taking the safety measures necessary and recommended by the competent Inspector. If reoffends in the violation in the course of one year, in addition to being fined, the excess cargo must be obligatorily unloaded without any responsibility for the State and the IHTT, without prejudice that if this product is not retrieved within the period or time that is specifically indicated to it in each concrete case, this shall become property of the State so that it may dispose of it in accordance with what is stipulated in the previous Article 43, prior compliance with corresponding procedures, as applicable.

COOPERATION WITH INSTITUTIONS IN MATTERS OF SECURITY AND GENERAL CONTROL. When vehicle drivers avoid, flee, or evade passing through Weight Control Stations (ECP) to verify their weights and dimensions, the IHTT may request from the National Police, the National Inter-institutional Security Force (FUSINA), the Technical Agency for Criminal Investigation (ATIC) or other competent authorities, the detention of offending vehicles and detention of their drivers for referral to the competent authority for purposes of deduction of responsibilities, without prejudice to the imposition of the corresponding sanction or fine within the competence of the IHTT. For such purposes, the IHTT may execute agreements or establish inter-institutional agreements with said institutions in order to comply with the Land Transport Law of Honduras and this Special Regulation. The IHTT may additionally promote inter-institutional cooperation with these security institutions in order to have their accompaniment, support, and active or passive participation as agreed and corresponds in the Weight Control Stations (ECP) and with other public entities with competence in tax and customs matters, within their strict competencies, in order to comply with the Land Transport Law of Honduras and this Special Regulation. CHAPTER V INTERNATIONAL CARGO TRANSPORT SERVICE

INTERNATIONAL CARGO TRANSPORT SERVICE. It is the service of land transport of cargo that concessionaires carry out from one country to another and is provided with a vehicle from any place of the Republic as origin to another place outside it as destination or vice versa. In this service, cargo may not be boarded or picked up at intermediate points on the route.

SUPREMACY OF INTERNATIONAL TREATIES. This chapter shall be applied without prejudice to the provisions of the Conventions or International Treaties signed by Honduras.

COMMON REQUIREMENTS. The concessions and permits that authorize the provision of the International Land Cargo Transport Service shall be subject to the operating standards of the national public land cargo transport service, without prejudice to those contained in their own permits granted by virtue of origin, and without prejudice to the provisions of the Conventions or International Treaties signed by Honduras.

JURISDICTION FOR PURPOSES OF REGULATORY APPLICATION. Companies shall be considered under the jurisdiction of Honduras when:

• a)

  They are legally established in the country;

• b)

  The vehicles used in the provision of services are domiciled and registered in the State of Honduras; and, c. They have their principal office or branch in the country. The foregoing, without prejudice to the provisions of the Conventions or International Treaties signed by Honduras.

RECIPROCITY. The IHTT shall assure foreign companies and the units with which they provide the International Land Cargo Transport Service authorized in their country of origin, on the basis of reciprocity, treatment equivalent to that given to national companies, in all cases respecting the provisions of the Conventions or International Treaties signed by Honduras.

GENERAL CIRCUMSTANCES OF CIRCULATION. Foreign transporters may only carry out International Cargo Transport that passes through Honduran territory when any of the following circumstances occur: a. That the performance of said transport is permitted in general according to what is provided in the International Treaties of which Honduras is a party or some specific provision of Domestic Law. In said case, the control documents provided for by said rules shall be required. b. That the foreign transporter is in possession of the corresponding enabling authorization for transport granted in accordance with what is provided in the International Treaties and in the specific standards of Domestic Law.

PROHIBITION OF PERFORMING INTERNAL TRANSPORT. Vehicles of other nationalities authorized to operate as international cargo transport service may not perform internal transport in Honduran territory. In all cases, the provisions of the Conventions or International Treaties signed by Honduras shall be respected.

CLASSIFICATION OF INTERNATIONAL CARGO TRANSPORT SERVICE. International transports may be of passengers or cargo, each of these categories shall be carried out in accordance with the provisions of internal law or as provided in the Conventions or International Treaties of which Honduras is a party.

UNITS OF THE INTERNATIONAL LAND CARGO TRANSPORT SERVICE. The units of international land cargo transport shall conform to the provisions of the internal regulations in this regard or, failing that, to the Conventions or International Treaties to which Honduras is a party.

NATIONAL CABOTAGE. No motor vehicle with foreign plates or licenses may transport merchandise within the national territory. The following are excepted: vehicles with trailers or semi-trailers registered in any of the Central American States that enter the country temporarily and that conform to all the provisions cited in Article 43 of the Land Transport Law of Honduras and this Special Regulation and/or the following limitations: a. That they enter the country temporarily, without exceeding the regulated weights and dimensions while they traverse national territory provided that no transhipments, loading, or unloading of merchandise are carried out, and they must demonstrate at the Weight Control Stations (ECP) with the respective Weight Control documentation (ECP) that they are in transit only; and, b. That while they remain temporarily in the country they may not dedicate themselves to commercial transport of merchandise within the same national territory, except for that mentioned in the preceding subsection. In all cases, the provisions of the Conventions or International Treaties signed by Honduras shall be respected. CHAPTER VI FINAL AND TRANSITORY PROVISIONS

It is established that everything contained in Chapter II of the Land Transport Law of Honduras, specifically Articles 37 through 44, which regulate the Transport of Specialized and Non-Specialized Cargo, Dangerous Substances and Waste, and the Control of Weights and Dimensions, is of mandatory and permanent application, and this Special Regulation is accessory to those principal legal provisions, being therefore subject to strict compliance.

In accordance with what is clear and expressly established in Article 80, Numeral 10, of the Land Transport Law of Honduras, it is exclusively a Very Serious Infraction to "Transport passengers or cargo in number or weight that exceeds the legal limit established or to alter the weight recorded in the manifest of origin", in consequence of law, this Very Serious Infraction, also by virtue of strictly legal provision, must be sanctioned in accordance with Article 83 of the Land Transport Law of Honduras, to the owner or holder of the cargo or transporter or driver or pilot, when there is evidence or proof that he is the cause or responsible party for the overweight. Payment of the sanctions related in the preceding paragraph must be made by the means that the Honduran Institute of Land Transport (IHTT) indicates, authorizes, and instructs.

It is established that the Weight Control Stations (ECP) shall be points of control, monitoring, supervision, and general sanction of Land Transport in Honduras, thereby expanding the capacity and coverage of the Honduran Institute of Land Transport (IHTT), being able to sanction the corresponding party for different infractions committed, those contained in Articles 79, 80, 81 and 82, and imposing the sanctions contained in Articles 83, 84, 85 and 86, all of the Land Transport Law of Honduras.

It is established that everything provided in Chapter IV of this Special Regulation, that is, what is provided in Articles 36 through 46, is complementary and absolutely concordant with everything contained in the INTER-INSTITUTIONAL COOPERATION AGREEMENT FOR THE ESTABLISHMENT OF A SYSTEM OF WEIGHTS AND DIMENSIONS BY MEANS OF SCALES AT DIFFERENT PRIORITY POINTS ON HONDURAS HIGHWAYS, EXECUTED BETWEEN THE HONDURAN INSTITUTE OF LAND TRANSPORT (IHTT) AND LEGAL REPRESENTATIVES OF THE NORTHWESTERN PETROLEUM TRANSPORTERS ASSOCIATION (ATRAPENO) AND CARGO TRANSPORT CHAMBER OF HONDURAS (CATRACHO), IMPORTANT PARTS OF THE ORGANIZED SECTOR OF PUBLIC CARGO TRANSPORT IN THE COUNTRY, executed in compliance with the legal mandate held by the Honduran Institute of Land Transport (IHTT), on June 30, 2017, in the City of San Pedro Sula, by which the terms, conditions, and characteristics of the design, construction, installation, and operation of a first stage of rapid installation and operation of Scales or Mobile Weighing Equipment were agreed upon, initially at the following points in national territory: Jícaro Galán; San Lorenzo; Cerro de Hula; Comayagua; Talanga; Danlí; Colón; Bypass to Ceibita near Lake Yojoa; Bypass to La Esperanza, exit to highway CA-5; La Entrada, Copán; Road to Puerto Cortés; and Road to Corinto, shall be supplemented totally and absolutely with everything contained in possible future addendums to this related agreement or new agreements that may be executed in the future for such or similar purposes. The foregoing is provided clear and expressly including by the provision in the Fourth Chapter of that related Agreement, which contains and establishes literally as follows: "FOURTH: For all effects arising from this Agreement and others that correspond in the future, the Honduran Institute of Land Transport (IHTT) as the new land transport authority of the Country, before the start of this first stage of rapid installation and operation of Scales or Mobile Weighing Equipment, shall put into effect the new SPECIAL REGULATION ON WEIGHTS AND DIMENSIONS, to make effective the entire process and operation of the system of this first stage and the subsequent stages that are implemented." And, by virtue of everything related and cited, the related Agreement is a fundamental part of this Special Regulation.

The IHTT may approve at any time and without any limitation or reservation of any nature, first, the instructive guidelines and protocols that it deems necessary and that facilitate and supplement this Special Regulation, and, second, the reforms, modifications, amendments, expansions, clarifications, interpretations, updates, and others that it deems pertinent, of all or part of this Special Regulation, not requiring necessarily for its effective force and application, neither the same nor this Special Regulation, prior publication in "La Gaceta", Official Gazette of the Republic.

SUPPLEMENTARY APPLICATION. The provisions of the Central American Agreement on Road Traffic regarding Weights and Dimensions of Cargo Vehicles, and the International Conventions or Treaties subscribed by Honduras on this matter, shall apply in a supplementary and/or complementary manner to this Special Regulation, to the extent that they are applicable.

REPEAL. As of the date of this Special Regulation, all regulations, provisions, and instructive guidelines on this matter that may have been issued previously and those of the same normative hierarchy of regulatory level that conflict with this Special Regulation are hereby repealed. SECOND: EFFECTIVE DATE. This Executive Accord shall be published in "La Gaceta", Official Gazette of the Republic. Executed in the City of Tegucigalpa, Municipality of the Central District, on the second (02) day of the month of August of the year two thousand seventeen (2017). LET IT BE COMMUNICATED AND PUBLISHED. JOSÉ ROBERTO ZACAPA CHINCHILLA Commissioner and President Honduran Institute of Land Transportation (IHTT) DENIS ALBERTO GALLEGOS RODRÍGUEZ General Secretary Honduran Institute of Land Transportation (IHTT) [page omitted]