Indiana Form MC-205 is called the Oversize / Overweight Affidavit to Waive Use of Bucket Trucks. It is used when a transporting company wants the Indiana Department of Revenue to waive the usual requirement to use a pre-qualified signal contractor with a bucket truck for a specific oversized load. This form is generally relevant when the load exceeds the normal legal height limit, the route is off the interstate system, and the load is more than 15 feet tall. In these situations, the state normally expects a bucket truck to accompany the move, but this affidavit allows the company to request an exception while agreeing to take on the legal and financial responsibility tied to that waiver. This is not a general permit by itself. Instead, it works together with the company’s oversize or overweight permit application for one particular load, and it must be submitted along with the required Route Survey form. In short, this form is a sworn statement in which the company asks for a waiver and accepts the obligations that come with it.
When To Use This Form
You should use Form MC-205 when your company is moving a load that is taller than the legal height limit and the route requires a permit, especially when the load is over 15 feet in height and will travel on non-interstate roads. This form is used only when you want the state to excuse the bucket truck requirement for that specific permitted move. It applies to one load only, which means a separate affidavit and permit request must be submitted for each different load if you want the same type of waiver again. You should also remember that this affidavit does not replace the permit process. The transporting company must still apply for the oversize or overweight permit and must also submit the required Route Survey.
Information You Need Before Completing It
Before filling out the form, gather the company’s full legal name, any doing-business-as name, the business and mailing addresses, federal identification number, USDOT number, and MC number if one applies to your operation. You should also have the date the affidavit is being made, the title of the person signing, and that person’s direct contact information. Since the form refers to a pending permit request, you should make sure the permit application has already been prepared or submitted. You also need to have the Route Survey ready, because that form must accompany this affidavit. If your company will be operating with escorts, make sure the transportation plan already accounts for the proper number of escorts and that required height sticks will be used.
How to Complete Indiana Form MC-205
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At the top of the form, enter the date the affidavit is being made. Fill in the day, month, and year in the space provided. This date establishes when the agreement is offered between the State of Indiana and the transporting company. Once that is entered, move directly into the company identification section.
Legal Company Information
Enter the Legal Company Name exactly as it appears in your official registration or tax records. This is the entity the form refers to as the Transporting Company or Affiant. If your business uses a different public operating name, enter that on the Doing Business As line. Then provide the Company Type, such as corporation, limited liability company, partnership, or sole proprietorship. Use the formal legal structure of the business rather than a general description.
Business And Mailing Address
Fill in the Business Address with the company’s physical address. Include the city, state, ZIP Code, and county. If your mailing address is different from the physical business address, enter that on the Mailing Address line and again include the city, state, ZIP Code, and county. If both addresses are the same, use the same details unless your filing process specifically instructs otherwise.
Federal And Carrier Identification Numbers
On the Federal Identification Number line, enter the company’s FEIN. If the business is a sole proprietorship and does not use an FEIN, enter the Social Security Number as instructed. Next, enter the USDOT Number if the vehicle involved has a gross vehicle weight or gross combined vehicle weight of 10,001 pounds or more. Then enter the Federal Motor Carrier number if your business is required to have one. This usually applies to carriers that transport cargo for others as an interstate for-hire operation.
Required Companion Form
The form states that a Route Survey must accompany this affidavit. That means you should not submit MC-205 by itself. Make sure the Route Survey form is completed and included with the packet. Also remember that this affidavit is valid only for the permit for which it is issued, so it cannot be reused for another move.
What The Affiant Is Agreeing To
A large portion of Form MC-205 consists of statements the signer is agreeing to by signing the affidavit. These are not blank lines to fill in, but they are still critical because they define the legal effect of the document.
By signing, the affiant confirms that they are at least 18 years old and personally know the facts stated in the form. The signer also confirms they have authority to make agreements for the transporting company. The company is stating that it will transport a load over the statutory height of 13 feet 6 inches, which requires an oversize or overweight permit. The company is also stating that the load is over 15 feet in height and will be routed off the interstate system, which would normally require a pre-qualified signal contractor with a bucket truck.
The form also confirms that the company has applied for the needed permit by submitting the required permit application. Through this affidavit, the company is asking the state to waive the bucket truck requirement. In exchange for that waiver, the company agrees to protect the state against claims, lawsuits, costs, attorney fees, and related expenses arising from acts or omissions connected to transporting the load. The company also agrees to pay reasonable expenses and attorney fees imposed on or incurred by the state if the company defaults.
The signer also acknowledges that the state is not providing any indemnification to the company or its related parties. The company further agrees to comply with every applicable Indiana law and transport requirement, including using the proper number of escorts and ensuring those escorts have height sticks. The company must keep a copy of this affidavit, together with the permit and any general or special provisions, inside the vehicle while the load is being transported in Indiana. The form warns that failure to carry a copy may result in a citation, ticket, or fee from law enforcement. It also makes clear that the state is not responsible for any citation, fee, court cost, or legal expense tied to the load. Finally, the company acknowledges that the agreement applies to only one permitted load and that a new affidavit is required for each additional load for which a waiver is requested.
Signature Section
At the end of the form, the signer must complete the affidavit section. Sign your name on the Signature line. Enter the date of signing on the Date line. Print your full name on the Printed Name line and enter your official business title on the Title line. Then provide your Telephone Number, Fax Number, and Email Address. The signer should be an authorized representative, agent, member, or responsible officer of the transporting company, because the form states that the undersigned is warranting that authority and swearing or affirming that the information is true and correct.
Where To Send The Form
Once the form is complete, mail it to the Indiana Department of Revenue, Motor Carrier Services / OSOW Section, 7811 Milhouse Road, Suite M, Indianapolis, IN 46241-9612. Before sending it, double-check that the Route Survey is included and that the related permit request has been prepared for the same load. It is also a good idea to keep a copy of the completed affidavit and all supporting paperwork for your own records.
Filing Tips To Avoid Problems
Use the exact legal company name that matches your permit and tax records so there is no mismatch between forms. Make sure the person signing actually has authority to bind the company. Do not use this form as a blanket waiver for future moves, because it applies only to one load. Confirm that all escort requirements are still met even if the bucket truck requirement is waived. Most importantly, place a copy of the signed affidavit in the vehicle with the permit paperwork before the move begins, because carrying the document during transport is one of the promises made in the affidavit.