Township of Nottingham, PA Vehicle Weight Limits

[Adopted 5-6-1991 by Ord. No. 58]

Words and phrases, when used in this article, except for sections to which different or additional definitions apply, shall have the meanings ascribed to them in the Pennsylvania Motor Vehicle Code (Act of June 17, 1976, P.L. 162 No. 81), as amended,[1] except that, in this article, the word "street" may be used interchangeably with the word "highway" and/or the word/phrase "right-of-way," and shall have the same meaning as the word "highway" as defined in the said Motor Vehicle Code.

[1]

Editor's Note: See 75 Pa.C.S.A. § 101 et seq.

In this article, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine.

§ 390-8 Vehicle weight limits on certain streets and highways.

Weight limit shall be construed to mean the gross weight of the vehicle including, but not limited to, any trailers, attachments and load.

On the below listed streets or parts of streets, pursuant to authority granted by § 4902 of the Motor Vehicle Code, it shall be unlawful for any person or entity to drive any vehicle or combination having a gross weight in excess of 20,000 pounds for that street or highway or part thereof, as the case may be:

Street	Between
T-673 Munntown Road	SR1006, Thomas Road to North Strabane Township line
T-673 Munntown Road	SR1057 Valleyview Road to T822 Barr Road
T-673 Munntown Road	T782 Green Valley Road to T786 Withrow Road
T-673 Munntown Road	T786 Withrow Road to T812 Patterson Road
T-673 Munntown Road	T812 Patterson Road to SR1057 Valleyview Road
T-675 Cooper Road	SR-1059 Sugar Run Road to SR-1061 Mingo Church Road
T-677 Valley Road	Peters Township Line to North Strabane Township Line
T-782 Greenvalley Road	North Strabane Township Line to T-784 Gilkeson Road
T-782 Greenvalley Road	T-673 Muntown Road to North Strabane Township Line
T-782 Sundust Road	North Strabane Township Line to SR-1059 Mingo Creek Road
T-782 Sundust Road	SR-1059 Mingo Creek Road to SR-136
T-784 Gilkeson Road	T-812 Patterson Road to North Strabane Township Line
T-786 Withrow Road	T812 Patterson Road to T673 Munntown Road
T-812 Patterson Road	SR-1057 Valleyview Road to T-784 Gilkeson Road
T-812 Patterson Road	T-784 Gilkeson Road to T-786 Withrow Road
T-812 Patterson Road	T-786 Withrow Road to T-673 Munntown Road
T-814 Sichi's Hill Road	SR-1059 Mingo Creek Road to SR-136
T-816 Meadowbrook Road	T-819 Sugar Run Road to SR-1057 Valleyview Road
T-819 Sugar Run Road	SR-1059 Sugar Run Road to T-820 Hamtom Road
T-819 Sugar Run Road	T-816 Meadowbrook Road to SR-1059 Mingo Creek Road
T-819 Sugar Run Road	T-818 Agostoni Road to T-816 Meadowbrook Road
T-819 Sugar Run Road	T-820 Hamtom Road to T-820 Parkview Road
T-819 Sugar Run Road	T-820 Parkview Road to T-818 Agostoni Road
T-820 Hamtom Road	T-819 Sugar Run Road to SR-1057 Valleyview Road
T-822 Barr Road	SR1059 Sugar Run Road to T673 Road
T-822 Lutz Road	T-673 Muntown Road to Peters Township Line
T-832 Beagle Club Road	SR-1059 Little Mingo Road to Union Township Line
T-832 Beagle Club Road	Union Township Line to SR-1059 Little Mingo Road

§ 390-9 Exceptions.

Any and all vehicles owned or operated by the Commonwealth of Pennsylvania, the County of Washington, the Ringgold School District and/or any other municipal body or authority, but not including public utility companies. All farm vehicles for farms in the Township and all vehicles for which local deliveries are made shall be exempt from the requirements and obligations of this article.

§ 390-10 Permit to exceed weight limitations; fee.

If for any reason any person, firm or corporation and/or employee agent or workman thereof wishes to drive or haul any vehicle with or without trailers or attachments upon any such Township road or roadway wherein the weight limit shall exceed that weight limit as established by the Township Board of Supervisors per this article, such person, firm or corporation shall file with the Board of Supervisors an application for a permit to do so.

The application shall be in written form, addressed to the Township Board of Supervisors and shall contain the name, address and type of business of the applicant, the owner of the vehicle or vehicles, the road and/or roads involved, the weight to be driven or hauled, the name and address of the driver or drivers, and the time or times and date or dates that such driving or hauling shall take place. If the Board of Supervisors is satisfied that the use shall not be excessive or detrimental to the road or roads in question, after considering the type of vehicle and the load involved, the amount of use and the like, the Board shall issue a permit to the applicant, which must be carried at all times in the vehicle or vehicles involved.

An application must be made for each vehicle which will use the Township road or roads and the application fee shall be an amount per ton of gross weight of the vehicle, including but not limited to any trailers, attachments and load, such application fee amount being as established from time to time by resolution of the Board of Supervisors, and said fee must be paid for each vehicle subject to the provisions of this article. No application shall be considered until such time as the application fee has been paid.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

If, after application and the payment of the application fee, the Board of Supervisors shall be satisfied that the use shall not be excessive or detrimental to the road or roadways in question after considering the type of vehicle, the load, the road, the amount of trips, and other matters, the Board shall refund to the applicant 1/2 of said application fee.

If said application is denied and no further action is taken by the applicant within 35 days of said denial, the applicant shall receive a refund of 90% of said application fee.

§ 390-11 Bond requirement.

In addition to the above, if, in the discretion of the Board of Supervisors, the load and/or use and/or amount of use is so excessive that damage may result to the road or roadways, the Board of Supervisors may require, in addition to the full payment of the application fee, a bond or other security in favor of the Township assuring that no damage will occur to said road or roadways. If within 30 days of the completion of the driving or hauling no damage has been done, the Board shall release and/or refund the bond or security. If damage has occurred, the Board shall deduct the actual cost of repair or construction, including labor and materials, and refund the balance of said security or bond as soon as the same has been completed and/or require the bond be forfeit for purposes of paying the same. A bond shall be required for each vehicle use. Such bond shall not be in excess of $100,000. The amount of the bond shall be established by the Board of Supervisors after reviewing the application and considering any other comments made by the applicant, the Township road master or road masters, the Township road workers or any other interested party.

§ 390-12 Term of permit; revocation of permit.

A permit issued pursuant to this article shall be in effect for one year from the date of issuance; however, such permit may be revoked at any time by the Township Board of Supervisors if it appears to the Board of Supervisors that the actual use is in excess of what was originally contemplated or stated in said application and/or the effect of said use, regardless of whether or not the actual use was as stated in said original application, is having a detrimental effect to the road or roadways in question over and above that which was originally anticipated by the Board of Supervisors. Upon notice of said cancellation and/or revocation to the applicant or its agent, said applicant and/or user shall cease and desist from any further use of said road or roadway until such time as the Township. Supervisors shall establish a new amount for the bond or amount of deposit previously established. Any person, firm, or corporation who fails to cease and desist from said use after receipt of said notice, shall be in violation of this article.

§ 390-13 Notices.

Any notice required in this article shall be accomplished by mailing the same by registered mail to the last-known address of the applicant as shown on the application or as subsequently provided by the applicant after issuance, in letter form, and shall be effective three days from the date of mailing same. Additionally, if feasible, notice may be given directly to an operator of said vehicle or vehicles while in the Township and therein, if accomplished, the same shall be effective immediately as to the vehicle for which said occupant or driver receives said notice.

§ 390-14 Permit specifications.

All permits issued pursuant to this article shall contain the following requirements, restrictions and/or provisions and the applicant or recipient by acceptance thereof is bound to adhere to the same:

The permit must be carried at all times in the vehicle or vehicles in question.

The Supervisors shall specify the hours, dates and road or roadways of operation.

A separate permit shall be carried for each vehicle.

All vehicles must be driven by appropriately licensed drivers who have the appropriate license classification and all vehicles must be covered by appropriate motor vehicle insurance.

Any and all permits issued pursuant to this article are nontransferable and shall only be in existence for a stated and set period of time.

Proof of issuance of the permit and insurance coverage must be carried at all times in any and all vehicles for which a permit has been granted and must be displayed or produced upon request of any law enforcement officer or Township Supervisors.

Any and all permits issued pursuant to this article shall be for a set period of time and in no event shall be for a period in excess of one year.

§ 390-15 Violations and penalties.

Any person, firm or corporation or entity or agent, employee or workman thereof who violates any of the provisions of this article shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine or penalty of not less than $100 and costs and not more than the maximum set by law for a summary offense or in default thereof or in addition thereto shall be subject to confinement for a period not to exceed the limit set by law for summary offenses. In addition to or alternatively, and not by way of limitation or exclusion, the Township may take such civil actions as it deems necessary to obtain the forfeiture of the bond or deposit and therein bring such action or actions as are necessary to obtain compensation, restitution and/or injunctive relief and, therein, it is specifically required that the recipient of any permit pursuant to this article does agree by accepting said permit to pay any and all attorney's fees, Court costs and expenses incurred by the Township in enforcing the same. Furthermore, each and every use of a Township road shall be considered a separate violation. Any and all penal penalties contained herein shall be in addition to and not a limitation of any and all civil penalties, forfeitures or remedies contained herein or available at law or in equity.

§ 390-16 Severability; repealer; construal of provisions.

It is the intention of the Township of Nottingham that each separate provision of this article shall be deemed independent of all other provisions herein and that if any part of this article be declared invalid or unenforceable, all other parts thereof shall remain valid and enforceable.

All other ordinances or resolutions inconsistent herewith are hereby repealed.

The notice and/or posting requirements pertaining to weight limits as mandated herein shall be in conformance with the Pennsylvania Motor Vehicle Code[1] and/or as mandated by the Pennsylvania Department of Transportation by its regulations and the same are incorporated by reference herein and made a part hereof as if appearing in total. From and after the date of the enactment of this article, said rules, regulations and provisions of the Pennsylvania Department of Transportation and/or the Motor Vehicle Code, where in conflict with the terms and conditions hereof, shall prevail and otherwise all contents of this article shall remain.

[1]

Editor's Note: See 75 Pa.C.S.A. § 101 et seq.

The requirements of posting security and/or bond as contained herein include the terms, requirements, rules and regulations as mandated in the Pennsylvania Motor Vehicle Code and by the regulations of the Department of Transportation and the same are incorporated herein by reference and made a part hereof as if appearing in total. Where the terms and/or requirements of this article conflict with the rules, regulations, and mandates of said statute and/or rules and regulations of the Department of Transportation, the rules, regulations and requirements of the Commonwealth of Pennsylvania shall prevail. To the extent that the contents of this article do not conflict, then the same shall remain in full force and effect.

Where the mandates and/or terms, rules and regulations of the Pennsylvania Motor Vehicle Code and the rules and regulations of the Department of Transportation are not mandatory, but advisory or discretionary, then, and in that event, said terms, rules, conditions and mandates of the Commonwealth of Pennsylvania shall not prevail and the original terms, requirements and obligations of this article shall remain in full force and effect.