[Ord. 2016-38, 6/14/2016]
This Part shall be known as the "Motor Vehicle Size Limitation Ordinance of East Nottingham Township."
[Ord. 2016-38, 6/14/2016]
This Part is enacted pursuant to the authority conferred by the Vehicle Code, Act of 1976, June 17, 1962, No. 81, Section 1, effective July 1, 1977 (75 Pa.C.S.A. § 101 et seq.), as amended, and is intended to include and be subject to all provisions of Section 4902 of the Vehicle Code, 75 Pa.C.S.A. § 4902, and all Pennsylvania Department of Transportation regulations promulgated under the Vehicle Code, by way of illustration and not limitation, under Sections 4902(1) and 6103 [75 Pa.C.S.A. §§ 4902(f) and 6103].
[Ord. 2016-38, 6/14/2016]
The following words, when used in this Part, shall have the following meanings, unless the context clearly indicates otherwise:
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 Section 6106 of the Vehicle Code (relating to designation of emergency vehicles by Pennsylvania State Police).
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.
Emergency vehicles and school buses, defined hereinafter, vehicles and combinations of 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.
Any vehicle or combination as defined and/or governed by the Vehicle Code, 75 Pa.C.S.A. § 101 et seq., as amended.
The Department, as to state-designated highways, and local authorities, as to all other streets and highways.
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 Pa. Code § 189.4(f)(1) (relating to use under permit).
A vehicle or combination having a size in excess of a posted limit.
A highway having a posted weight limit.
A restricted size limit posted on a highway under authority of 75 Pa.C.S.A. § 4902.
A motor vehicle designated for carrying more than 10 passengers, exclusive of the driver, and used for the transportation of school children.
[Ord. 2016-38, 6/14/2016]
The Board of Supervisors has determined and hereby determines, based upon weight and size restrictions based on highway conditions and studies and otherwise, that Barren Road (T-355) between the East Nottingham Township - Elk Township municipal boundary and Media Road (SR 3010) may be damaged and/or unsafe unless vehicle size restrictions are imposed.
[Ord. 2016-38, 6/14/2016]
1.
Pursuant to the findings under § 15-604 above, and by authority of Section 4902 of the Vehicle Code and regulations promulgated thereunder, no motor vehicle or combination with four or more axles conforming to the United States Federal Highway Administration Vehicle Classifications 7 through 13 shall be operated upon any of the roads listed in § 15-604. The United States Federal Highway Administration Vehicle Classification 7 through 13 chart is attached hereto as Exhibit I and incorporated herein as though set out in full.[1]
[1]
Editor's Note: Said chart is included as an attachment to this chapter.
2.
Local traffic, as defined herein, may be exempted from the restrictions imposed under Subsection 1 above. However, if the Board of Supervisors determines that any local traffic is likely to damage the road or create an unsafe condition, 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 mailing of the notice, such local traffic vehicles shall not exceed the size limits.
[Ord. 2016-38, 6/14/2016]
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 Part. 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.
[Ord. 2016-38, 6/14/2016]
Any person operating a motor vehicle or combination upon a road or bridge in violation of a prohibition or restriction imposed under § 15-604 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.