The background of this article and the legislative intention
of the Board of Supervisors ("Board") in enacting it are as follows:
A. The Township of Dickinson is a municipal township of the second class
and, as such, is a "local authority" as that term is defined in Section
102 of the Pennsylvania Vehicle Code (herein, "Vehicle Code"), 75
Pa.C.S.A. § 102.
B. Pursuant to Sections 6102(b) and 6109(a)(7) of the Vehicle Code,
75 Pa.C.S.A. §§ 6102(b) and 6109(a)(7), local authorities
are empowered to, inter alia, impose restrictions on the weight of
vehicles operated on local roads.
C. Pursuant to Section 4902(a) and (b) of the Vehicle Code, 75 Pa.C.S.A.
§ 4902(a) and (b), the Board is empowered to impose restrictions
on vehicle weight whenever a road, or portion of a road, may be seriously
damaged by the use or the movement of vehicles exceeding a certain
weight, or when the use of such vehicles would render traffic conditions
unsafe.
D. Pursuant to Sections 6105 and 6109(e) of the Vehicle Code, 75 Pa.C.S.A.
§§ 6105 and 6109(e), prior to imposition of such restrictions,
the Township Engineer must conduct a study in conformity with regulations
imposed by the Commonwealth of Pennsylvania, Department of Transportation,
as set forth in 67 Pa. Code §§ 201.81 and 201.82.
E. Pursuant to Sections 6102(b) and 6109(b)(1) of the Vehicle Code,
75 Pa.C.S.A. §§ 6102(b) and 6109(b), the power to impose
such restrictions may be exercised solely by ordinance of the Board.
F. Pursuant to Sections 4902(e) and 6109(c) of the Vehicle Code, 75
Pa.C.S.A. §§ 4902(e) and 6109(c), upon adoption of
such ordinance, appropriate signage must be erected in accordance
with departmental regulations.
G. The Board does intend to comply with all statutory and regulatory
provisions in ordaining such restrictions.
Any person operating an over-posted-weight vehicle or combination
upon a posted highway, unless the same shall be an exempt vehicle,
shall be guilty of a summary offense and shall, upon conviction, be
sentenced to pay a fine of $75, except that any person convicted of
operating a vehicle with a gross weight in excess of a posted weight
shall, upon conviction, be sentenced to pay a fine of $150 plus $150
for each 500 pounds, or part thereof, in excess of 3,000 pounds over
the posted weight limit.