[Amended 3-17-2005 by Ord. No. 05-03]
Pursuant to the authority granted by § 4902(a) of the Pennsylvania Vehicle Code, 75 Pa.C.S.A. § 4902(a), it shall be unlawful for any person to operate any vehicle or combination having a gross weight in excess of the maximum prescribed below for that bridge or road or part of road, as the case may be, unless an overweight vehicle permit has been issued pursuant to this Part 3:
|
Street or Bridge
|
Location
|
Maximum Gross Weight
(tons)
|
|---|---|---|
|
All Township streets within Jackson Township
|
10
| |
|
Evergreen Mill Road Bridge
|
Above Little Connoquenessing Creek
|
10
|
|
Fanker Road Bridge (T-312)
|
Above Scholar's Run
|
10
|
|
Lutz Road
|
Above Glade Run
|
10
|
|
Textor Hill Road Bridge
|
Above Breakneck Creek
|
20
|
B.
Application for overweight vehicle permit. Any person wishing to operate any vehicle or combination having a gross weight in excess of the maximum weights prescribed by § 15-301 shall file an application for overweight vehicle permit with the Township in a form and including such additional information or materials as may be required by the Township Roadmaster. At a minimum, the application shall clearly specify the common destination within Jackson Township to which the overweight vehicle or vehicles are intended to travel.
[Amended 11-21-2013 by Ord. No. 13-05]
C.
Types of overweight vehicle permits. Overweight vehicle permits shall
be classified as follows:
(1)
A Type 1 permit authorizes use of a particular posted highway or
portion thereof by an over-posted-weight vehicle. It is valid only
when carried in the over-posted vehicle.
(2)
A Type 2 permit authorizes use of a particular posted highway or
portion thereof by any number of over-posted-weight vehicles being
driven to or from a common destination. Copies of a Type 2 permit
may be used.
(a)
A Type 2 permit will be issued only if the Township Roadmaster
determines that it is not feasible to issue a Type 1 permit for each
vehicle, for example, most over-posted-weight vehicles hauling to
and from the place of business of the permittee belonging to or are
hauling under contract with customers or suppliers of the permittee.
(3)
Type 1 and Type 2 permits shall be valid only for travel of overweight
vehicles over approved roads for the purpose of reaching an approved
common destination.
[Added 11-21-2013 by Ord.
No. 13-05]
D.
Display of permit. Every Type 1 permit shall be carried in the vehicle
and shall be open to inspection by the Township Roadmaster, any Township
police officer or other authorized agent of the Township, Pennsylvania
State Police officer, Department of Transportation ("PennDOT") enforcement
official, and any person involved in an accident involving a permitted
vehicle. The preceding individuals may require documentation of destination
such as a bill of lading. A Type 1 permit is valid only when carried
in the over-posted-weight vehicle.
[Amended 11-21-2013 by Ord. No. 13-05]
E.
Issuing authority. The Township Roadmaster, or other representative of the Township as may be designated by the Board of Supervisors from time to time, shall be responsible for issuing overweight vehicle permits pursuant to § 15-302.
F.
Revocation.
(1)
An overweight vehicle permit may be revoked for cause and shall be subject to summary confiscation or invalidation. Sufficient cause includes, but is not limited to, failure to obey the restrictions and conditions of the permit; failure to post the required financial security set forth in § 15-303; failure to comply with the terms of the road use and maintenance agreement pursuant to § 15-304; fraud in the procurement of a permit; operating a vehicle without a valid driver's license; or for any other violation of the Township's ordinances, rules and regulations.
(2)
Any Township police officer, Pennsylvania State Police officer, or
PennDOT enforcement official is authorized to revoke and confiscate
or invalidate an overweight vehicle permit. Any person aggrieved pursuant
to this section may appeal the revocation of the permit to the Township
Board of Supervisors, provided that a written application for an appeal
is filed within 10 days after receipt of revocation.
(3)
At said hearing, the Township police officer, Pennsylvania State
Police officer, or PennDOT enforcement official who revoked the permit
and the aggrieved person shall present any evidence bearing on the
propriety of the revocation. At the conclusion of the hearing and
based upon the evidence presented to it, the Township shall:
(a)
Affirm the revocation until the offending reason for the revocation
of the permit has been brought into compliance.
(b)
Reverse, cancel or suspend the revocation order upon a finding
that the person and/or vehicle is in compliance with its permit and/or
that there is no sufficient cause otherwise.
G.
Authorized travel periods. A vehicle may be driven, hauled or towed
24 hours a day, seven days a week, if the vehicle is operated at prevailing
speeds. Movement is not authorized during any of the following:
(1)
A holiday period specified in the PennDOT regulations or in the permit.
(2)
Inclement weather, as defined in PennDOT regulations.
(3)
During times in which the Township has made a determination that,
due to the health, safety and welfare of the Township, traffic may
not proceed on a particular highway.
H.
Application fees. All applicants for an overweight vehicle permit
shall pay an application fee as the same shall be established from
time to time by resolution of the Board of Supervisors.
A.
Required security. As a prerequisite to the issuance of a Type 1 permit or Type 2 permit, the applicant shall provide financial security in an amount and type required by this Part 3, the Pennsylvania Vehicle Code, 75 Pa.C.S.A. § 101 et seq., and PennDOT regulations.
B.
Amount of security. The permittee shall be required to provide financial security in favor of the Township to assure compliance with the road use and maintenance agreement required by § 15-304 of this Part 3.
(1)
Amount of security. The amount of financial security for a Type 1
permit or Type 2 permit shall be as follows:
(a)
For unpaved highways to be maintained at a level consistent
with the type of highway: $6,000 per linear mile.
(b)
For paved highways to be maintained at a level consistent with
the type of highway: $12,500 per linear mile.
(c)
For any highway which the Township allows to be maintained below
a level consistent with the type of highway: $50,000 per linear mile.
C.
Additional security. When the amount of damage in excess of normal
maintenance to a posted highway is estimated by the Township to constitute
75% or more of the amount of the financial security, the Township
may require the highway to be maintained or reconstructed within 30
days, unless the permittee agrees to provide such additional financial
security as the Township shall determine.
D.
Form of financial security. Financial security may be in the form
of a performance bond with surety by a company authorized to do business
in the commonwealth; or at the option of the permittee, in the form
of a certified or cashier's check, bank account, or irrevocable letter
of credit in favor of the Township; or in some other form of security
acceptable to the Township Solicitor.
(1)
Surety bond. The following requirements shall apply to any surety
bond provided for an overweight vehicle permit:
(a)
The bond shall be obtained from a surety incorporated in the
United States and authorized to do business in the Commonwealth of
Pennsylvania.
(b)
The surety shall have a current A.M. Best's rating of no less
than "A" and an underwriting capacity as stated in Best's equal to
or greater than the amount of the bond written by that surety or,
in the alternative, be listed on the current United States Department
of the Treasury's Annual List of "Companies Holding Certificates of
Authority as Acceptable Sureties on Federal Bonds and as Acceptable
Reinsuring Companies," as published in the Federal Register, and have
an underwriting capacity in said list equal to or greater than the
amount of the bond written by that surety.
(2)
Letter of credit. The following requirements shall apply to any letter
of credit provided for an overweight vehicle permit:
(a)
The letter of credit shall be issued by a federal- or commonwealth-chartered
lending institution having an office located within 30 miles of the
boundaries of Jackson Township at which draft on site can be presented
during regular business hours.
(b)
The letter of credit shall have an expiration date of no earlier than 90 days after the expiration of the term of the road use and maintenance agreement required by § 15-304 of this Part 3. The Township, at its discretion, may accept a letter of credit having an earlier expiration date, provided the letter of credit states that it will automatically be renewed for a period of at least one year from any present or future expiration date, unless the Township receives notice in writing from the issuer at least 60 days prior to the expiration date that the issuer elects to not further extend the letter of credit, and that if such notice is given, the Township may draw on the letter of credit up to the amount of its unused balance on or before the relevant expiration date.
(c)
Multiple draws on the letter of credit shall be permitted.
(3)
Self-bonding. The Township may authorize self-bonding if the Township
Solicitor determines, on the basis of the financial ability of the
permittee, that it is unlikely that the Township will be unable to
collect a judgment rendered against the permittee for failure to comply
with the road use and maintenance agreement.
(a)
The Township may require corporate officers and stockholders
and their spouses to execute a self-bond, if the financial ability
of a corporation is insufficient in itself to justify self-bonding.
(b)
The Township may require the permittee to execute liens on real
or personal property, or both, as a condition for authorizing self-bonding.
(c)
In order to be considered for self-bonding by the Township,
a permittee shall file with PennDOT a contractor's financial statement,
Department Form CS4300, Part 1. The financial statement shall be updated
annually and within 30 days of any Township request for an update.
A.
Execution of agreement. The issuance of a Type 1 permit or a Type
2 permit shall be conditioned upon the permittee's execution of a
road use and maintenance agreement in a form approved by resolution
of the Board of Supervisors and acceptable to the Township Solicitor.
B.
Permittee's obligation. Pursuant to the road use and maintenance
agreement, the permittee must pay for all excessive road maintenance
repair costs, which include, but are not limited to, costs incurred
for extensive patching and base repair, reshaping shoulders that have
heaved because of heavy load hauling, and repairing crushed pipes.
C.
Multiple permittees. If more than one permittee is using the same
posted highway, the costs of maintenance shall be prorated based on
trips or tonnage hauled. Multiple permittees shall conform to the
following:
(1)
Agreement to share excess maintenance responsibility. If two or more
persons wish to obtain a Type 1 permit or a Type 2 permit to operate
over-posted-weight vehicles on the same posted highway or portion
thereof, they may agree among themselves as to their relative responsibility
for the cost of maintenance, and the Township will enter into agreements
and accept financial security on the basis of the agreed shares.
(2)
Determination by Township. If multiple applicants for a Type 1 permit
or a Type 2 permit cannot agree on their relative responsibility,
the Township will determine their relative shares and will enter into
agreements with and accept financial security from any such persons.
(3)
Subsequent permit applicants. Subsection C(1) and (2) shall apply even if one or more persons have already been issued a Type 1 permit or a Type 2 permit, entered into road use and maintenance agreements, or posted financial security when another person files an application for a Type 1 permit or a Type 2 permit to operate over-posted-weight vehicles on the same posted highway.
A.
Initial inspection. To determine a Type 1 permit or a Type 2 permit
holder's responsibilities under the road use and maintenance agreement
and this Part 3, the Township Roadmaster and the permittee shall conduct
an on-site inspection of the posted highway prior to the operation
of any overweight vehicle thereon. During the inspection, the Township
Roadmaster and the permittee shall complete a detailed report documenting
the condition of the road and any areas of concern. The permittee
and the Roadmaster shall drive the route together and shall videotape
the permitted route so that the condition of the route is memorialized.
The permittee's responsibilities and bonding requirements will then
be determined at the conclusion of the inspection.
B.
Reinspection. The posted highway shall be reinspected by the Township:
(1)
Upon issuance of any new permit.
(2)
From time to time as the Township determines repairs may be required.
(3)
Within 30 days of the expiration of the term of the road use and
maintenance agreement, in order to determine the amount of damage
for which the permittee or permittees are responsible.
C.
Notification of inspections and reinspections. All Type 1 permit
and Type 2 permit holders will be notified of all inspections and
reinspections on the highway or portion thereof and may participate
in the inspections and reinspections.
D.
Permittee's repair obligations. When damage occurs to a posted highway
that is financially secured, the operation of overweight vehicles
shall be halted upon written stop-work order under the Township Roadmaster.
The operation of overweight vehicles pursuant to a permit shall then
not resume until the damages are repaired by the Township and the
Township is reimbursed by the permittee for the cost of such repairs.
If the permittee does not reimburse the Township for any such costs
within 30 days of invoicing, the financial security shall be used
to cover the repair costs to the roadway. The financial security then
must be replaced or replenished prior to resuming operation of overweight
vehicles.
E.
Inspection fees and costs. Permittees shall reimburse the Township
for inspection fees and costs in accordance with the schedule adopted
from time to time by resolution of the Board of Supervisors.
A.
Exempt vehicles. The following vehicles shall be exempt from the requirements of this Part 3 as local traffic, except as provided otherwise in Subsection C of this section:
(1)
Emergency vehicles.
(2)
School buses.
(3)
Vehicles and combinations of governmental agencies and utilities
or their contractors engaged in construction or maintenance on a posted
highway or in a location which can be reached only via a posted highway.
(4)
Vehicles and combinations going to or coming from a residence, commercial
establishment, or farm located on a posted highway or which can be
reached only via a posted highway.
(5)
Travel to the vehicle owner's or operator's place of residence for
purposes unrelated to the delivery of goods or materials to the residence
shall not be considered exempt local traffic.
B.
General rule. An over-posted-weight exempt vehicle may exceed posted
weight limits unless the Township Roadmaster determines that an over-posted-weight
exempt vehicle being driven to or from a particular destination or
destinations is likely to damage the highway.
C.
Vehicles determined likely to damage highway. If the Township Roadmaster
determines that one or more over-posted-weight exempt vehicles are
causing damage to the highway, or are likely to damage the highway,
the Township will so notify the registrants of the over-posted-weight
exempt vehicles or owners of the destination or destinations, or both,
and will also notify the state and Township police. After two business
days following delivery of the notice, or after five days following
mailing of the notice, such over-posted-weight exempt vehicles shall
not exceed the posted weight limits unless the operator obtains a
Type 1 permit or Type 2 permit in accordance with the provisions of
this Part 3.
D.
Proof of local traffic status. The following types of documents will
constitute evidence that a vehicle is local traffic:
A.
Enforcement procedures. If an overweight vehicle is observed on Township roads, any Township police officer, Pennsylvania State Police officer, or PennDOT enforcement official is authorized to stop the vehicle in order to determine if the vehicle is permitted to operate in the subject roadway via a Type 1 permit or Type 2 permit. If the vehicle conforms to one of the above categories, the vehicle shall be allowed to continue. If the vehicle does not fall into one of the above categories, it shall be subject to the penalties set forth in Subsection B. If the vehicle is in violation of any condition or restriction of any Type 1 permit or Type 2 permit, it shall be subject to the penalties set forth in Subsection B and revocation pursuant to § 15-302F.
B.
Operation without a permit. Any person operating a vehicle or combination upon a highway or bridge without a Type 1 permit or Type 2 permit in violation of § 15-301 is guilty of a summary offense and 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 maximum allowable weight, plus costs.
C.
Penalty for violation of permit. Any person whose vehicle, combination or load is in violation of any condition or restriction of any Type 1 permit or Type 2 permit issued pursuant to this Part 3 is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of up to $500 for each violation. Each day that a violation continues, and each vehicle or vehicle run, shall constitute a separate offense. Said fines are in addition to, and not in lieu of, any penalties established by Subsection B.
