As used in this article, the following terms shall have the meanings indicated:
- EMERGENCY VEHICLE
- A fire department vehicle, police vehicle, ambulance, blood
delivery vehicle, armed forces emergency vehicle, one private vehicle
of a fire or police chief or assistant chief, or ambulance corps commander
or assistant commander, or of a river rescue commander used for answering
emergency calls, or other vehicle designated by the State Police under
§ 6106 of the Vehicle Code (relating to designation of emergency
vehicles by Pennsylvania State Police).[Added 8-14-2018 by Ord. No. 2018-7]
- EXCESS MAINTENANCE
- Maintenance or restoration or both (but not betterment) of
a posted highway in excess of normal maintenance, caused by use of
over-posted-weight vehicles.[Added 8-14-2018 by Ord. No. 2018-7]
- GROSS WEIGHT
- The sum of the weight of the motor vehicle or combination of vehicles of which a motor vehicle is a part plus the load.
- LEHIGH TOWNSHIP ROAD
- Any road, located within Lehigh Township, Northampton County, Pennsylvania, which is under the jurisdiction of and for the maintenance of which the Township of Lehigh is responsible.
- Those items or materials, either liquid or solid, which are being carried on or transported by a motor vehicle or combination of vehicles of which a motor vehicle is a part.
- LOCAL TRAFFIC
- Emergency vehicles and school buses, defined hereinafter,
vehicles and combinations or governmental entities and utilities where
their contractors are engaged in construction or maintenance on a
posted highway or in a location which can be reached only via a posted
highway, and vehicles and combinations going to or coming from a residence
or farm located on a posted highway or which can be reached only via
a posted highway.[Added 8-14-2018 by Ord. No. 2018-7]
- MOTOR VEHICLE
- Any vehicle or combination as defined and/or governed by
the Vehicle Code, 75 Pa.C.S.A. § 101 et seq., as amended.[Added 8-14-2018 by Ord. No. 2018-7]
- The Department, as to state-designated highways and local
authorities, as to all other streets and highways.[Added 8-14-2018 by Ord. No. 2018-7]
- NORMAL MAINTENANCE
- The usual and typical activities necessary to maintain the
roadway, shoulders and drainage facilities in the state of repair
existing at the date of the inspection prescribed in Section 189.4(f)(1) (relating to use under permit).[Added 8-14-2018 by Ord. No. 2018-7]
- OVER-POSTED-WEIGHT VEHICLE
- A vehicle or combination having a gross weight in excess
of a posted weight limit.[Added 8-14-2018 by Ord. No. 2018-7]
- POSTED HIGHWAY
- A highway having a posted weight limit.[Added 8-14-2018 by Ord. No. 2018-7]
- POSTED WEIGHT LIMIT
- A restricted weight limit posted on a highway under authority
of 75 Pa.C.S.A. § 4902.[Added 8-14-2018 by Ord. No. 2018-7]
- REGISTERED GROSS WEIGHT
- The weight which is stamped, printed, or typed upon the owner's motor vehicle registration card.
- SCHOOL BUS
- A motor vehicle designated for carrying more than 10 passengers,
exclusive of the driver, and used for the transportation of school
children.[Added 8-14-2018 by Ord. No. 2018-7]
- WEIGHT SLIP
- The written paper, card or certificate issued the operator or owner of the motor vehicle or combination of vehicles of which a motor vehicle is a part upon which is written, stamped, printed, or typed the weight of the load being carried or transported therein.
Editor's Note: See 67 Pa. Code § 189.4(f)(1).
[Amended 5-13-2003 by Ord. No. 2003-1]
It shall be unlawful for any person to operate or move, or for the owner to cause or knowingly permit to be driven or moved, any motor vehicle or combination of which one or more motor vehicles are a part which has a gross weight exceeding eight tons on any Lehigh Township Road.
The registered gross weight of a motor vehicle or combination of which a motor vehicle is a part shall be prima facie evidence of the actual gross weight of said motor vehicle or combination of which a motor vehicle is a part.
The weight set forth on the weight slip shall be prima facie evidence of the actual gross weight of the load being transported by the motor vehicle or combination of which a motor vehicle is a part.
Any police officer of the Township of Lehigh who shall be in uniform, and shall exhibit his badge or other sign of authority, having reason to believe that the gross weight of a motor vehicle or combination of vehicles of which a motor vehicle is a part is unlawful, is authorized to weigh the same, by means of either a portable or stationary scale, or may require that such vehicle or combination of vehicles be driven to the nearest stationary scales for weighing.
The certificate of weight obtained from such weighing shall be prima facie evidence of the actual gross weight of said vehicle or combination of vehicles.
Signs may be conspicuously posted throughout the Township of Lehigh by persons designated by the Board indicating the maximum gross weight permitted on Lehigh Township roads as provided in this article.
It shall not be a defense to a prosecution brought pursuant to this article that the defendant did not observe any such signs prior to his arrest.
[Added 12-26-2001 by Ord. No. 2001-10; amended 8-14-2018 by Ord. No. 2018-7]
Findings of the Board of Supervisors of Lehigh Township. The Board of Supervisors has determined and hereby determines based upon weight and size restrictions based on highway conditions and studies and otherwise that the following roads will be damaged or destroyed unless the permissible weight of motor vehicles is restricted to the weight limits listed. A complete list of roads, identified by their route number, road name, part of the road restricted and weight limit, is as follows:
Vehicle weight limits established.
Pursuant to the findings of Hanover Engineering set forth above and by authority of § 4902 of the Vehicle Code and regulations promulgated thereunder, no motor vehicle or combination shall be operated upon any of the roads listed below with gross weight in excess of the weight limits for said road in Subsection A.
Local traffic as defined herein may be exempted from the restrictions imposed under Subsection B(1) above. However, if the Board of Supervisors determines that any local traffic is likely to damage the road, the Board of Supervisors will so notify the registrants of the motor vehicle or combination and will also notify State Police. After two business days following delivery of the notice, or after five days following the mailing of the notice, such local traffic vehicles shall not exceed the weight limits except in accordance with Subsection C hereof. Pennsylvania Statutes 75 Pa.C.S.A. § 4902(a) states "School buses, emergency vehicles and vehicles making local deliveries or pickups may be exempted from restriction on the use of highways imposed under this subsection."
Permits and security.
Individuals or entities wishing to operate vehicles in excess of established weight limits on restricted weight Township roads or operate vehicles which are otherwise prohibited on certain Township roads may apply for a permit to do so on a form provided by the Township. Said permit application will be referred to the Township Roadmaster, Public Works Director, Supervisor, Road Foreman, or other designated decisionmaker who shall:
Place the issue on the agenda for a meeting of the Board of Supervisors; and
Consult with the third-party consultant as necessary to determine the amount of security/bond to be posted by the applicant. The amount of security shall be calculated in accordance with Title 67, Chapter 189, of the Pennsylvania Code or its equivalent; and
Present a recommendation to the Supervisors to include the amount of security to be posted by the applicant if the permit is approved.
No permit will be issued until the application is approved by the Board of Supervisors at a scheduled public meeting and, if required, security has been posted with the Township Secretary. The Board of Supervisors may, by resolution, delegate the authority to approve permits and set security to the Roadmaster or other official of the Township.
All actions taken under the authority of this section shall be taken in accordance with the rules and regulations adopted by the Commonwealth of Pennsylvania, Department of Transportation, as found in Title 67 of the Pennsylvania Code.
Erection of signs. The Township shall erect or cause to be erected and maintained restriction signs designating the restrictions at the end of the portion of road restricted as provided in this subsection. In the case of a restriction on a road which has not begun or ended at an intersection with an unrestricted highway, the Township shall also place an advance informational sign at the intersection nearest each end of the restricted portion of the road which would allow drivers to avoid the restricted portion of road.
Penalties for violation. Any person operating a motor vehicle or combination upon a road or bridge in violation of a prohibition or restriction imposed under Subsection B shall, upon conviction by a Magisterial District Justice, pay a fine consistent with the applicable section of the Pennsylvania Motor Vehicle Code in effect at the time of the violation.