The purpose of this chapter is to authorize issuance of special permits for movement and operation of vehicles in excess of the legal weight limits within the heavy haul industrial corridor in such circumstances wherein the load is a sealed ocean-going container and an applicant can show good cause for such movements as provided herein.
(Ord. 27252 § 1, 2004-07-20)
For purposes of this chapter, the below-stated terms and phrases shall have the following meaning:
"Container chassis"
shall mean a semitrailer of skeleton construction limited to a bottom frame, one or more axles, specially built and fitted with locking devices for the transport of cargo containers, so that when the container chassis and container are assembled, the units serve the same function as an over-the-road trailer.
"Director"
shall mean and refer to the Director of Public Works or successor department or his or her designee.
"Heavy haul industrial corridor"
shall mean and refer to such sections of public highways as are included in the following description:
Street
Extent
East 11th Street
Alexander Avenue to Taylor Way
East 11th Street
Port of Tacoma Road to Milwaukee Way
East 11th Street
Portland Avenue to the 900 Block
East 15th Street
East ‘D’ Street to Saint Paul Avenue
East 19th Street
East ‘D’ Street to East 18th Street
Alexander Avenue
From the north end to the south end of public right-of-way
East ‘D’ Street
East 15th Street to East 19th Street
Lincoln Avenue
Portland Avenue to Port of Tacoma Road
Lincoln Avenue
Alexander Avenue to Taylor Way
Lincoln Loop Road South
Lincoln Avenue to Lincoln Loop Road North
Marshall Avenue
Milwaukee Way to Port of Tacoma Road
Maxwell Way
Thorne Road to Port of Tacoma Road
Milwaukee Way
Lincoln Avenue to Fishing Wars Memorial Crossing
Portland Avenue
East 11th Street to Lincoln Avenue
Port of Tacoma Road
East 11th Street to SR 509
SR-509 North Frontage Road
From Milwaukee Way to 2,040 feet east of Port of Tacoma Road
SR-509 South Frontage Road
From Milwaukee Way to 1,920 feet east of Port of Tacoma Road
Saint Paul Avenue
East 15th Street to Portland Avenue
Taylor Way
East 11th Street to SR 509
Thorne Road
East 11th Street to Lincoln Avenue
"Permittee"
shall mean any person to whom a special permit is issued.
"Person"
shall mean any individual, firm, corporation, partnership, joint stock association, company, copartnerships, corporations, and other associations of natural persons, whether acting by themselves or by servants, agents, or employees.
"Public highway"
shall mean any public highway over which the City of Tacoma has jurisdiction and the responsibility to maintain.
"Sealed ocean-going container"
shall mean a fully enclosed and sealed reusable cargo-carrying unit, equipment, or receptacle-carrying cargo of many types for continuous transportation and designed to be unitized or otherwise packed or stowed for transportation in or on an ocean-going vessel.
"Special permit"
shall refer to a special permit issued pursuant to this chapter for operation or movement upon public highways within the heavy haul industrial corridor of a combination of truck tractor and container chassis of a weight exceeding the maximum set forth in state law.
"Transload facility"
shall mean a consolidation and distribution point for outbound and inbound commodities.
(Ord. 27252 § 1, 2004-07-20; Ord. 28241 Ex. A, 2014-08-26; Ord. 28404 Ex. B, 2016-12-13; Ord. 28479 Ex. A, 2017-12-19; Ord. 28598 Ex. B, 2019-07-23; Ord. 28641 Ex. B, 2019-12-10)
A. 
Who may apply. The owner or operator of a transload facility or authorized agent on behalf of such owner or operator may apply for a special permit.
B. 
Forms. Application shall be made in writing on forms provided by the Director. Special permit applications may be obtained from the Office of the Department of Public Works and at such other locations established by the Director. No special permit application shall be accepted unless made using such forms and completed in full.
C. 
Term. The special permit shall have a term of one year from the date of issuance unless sooner revoked.
D. 
Assignment. The special permit when issued to the permittee shall be assigned to the truck tractor described in the application and to which the special permit refers. The special permit shall not be assignable to another truck tractor except as provided herein. A special permit may be assigned to another truck tractor for the remainder of the term of the special permit, upon application being made for such assignment, good cause being found by the Director for such assignment, issuance of a replacement special permit, and payment of the fee as provided herein for a replacement special permit.
(Ord. 27252 § 1, 2004-07-20)
A. 
General requirements. The Director may issue a special permit when the Director has determined that the truck tractor and container chassis meet the requirements of subsections B and C herein and:
1. 
A completed application has been filed with the Director on a form approved by the Director;
2. 
The applicant has shown that there is good cause for issuance of the permit and that the applicant is capable of making the moves as authorized by the special permit;
3. 
The container chassis loads will be limited to sealed ocean-going containers;
4. 
The truck tractor to be permitted (the "permitted truck tractor") has been thoroughly described and identified;
5. 
The applicant has shown proof of seven hundred fifty thousand dollars liability insurance for the cost of any accident, damage, or injury to any person or property resulting from the operation of the truck tractor and container chassis combination of vehicles covered by the special permit upon the public highways: Provided, that a noncommercial operator shall have at least three hundred thousand dollars liability insurance;
6. 
The truck tractor has undergone a Commercial Vehicle Safety Alliance (CVSA) inspection, displays a current CVSA decal, and the Director is satisfied that, at the time of issuance of the special permit, the truck tractor meets the CVSA safety requirements; provided that, for purpose of issuance of the special permit, the Director may rely upon proof of CVSA inspection that the truck tractor meets the CVSA safety requirements;
7. 
The applicant acknowledges and affirms that:
a. 
The truck tractor and container chassis combination of vehicles will be properly licensed to make the proposed move and carry the sealed ocean-going container load, in accordance with the provisions of Washington law;
b. 
All operators of the truck tractor for which the special permit is issued are and will be properly licensed to operate in Washington in the manner proposed in the special permit;
c. 
Each container chassis will be loaded only with sealed ocean-going containers;
d. 
The applicant will comply with all applicable laws, rules and regulations pertaining to the issuance of any special permit;
e. 
The applicant will maintain a current CVSA certification for the permitted truck tractor and a current Federal Highway Administration ("FHWA") certification for each container chassis used in combination therewith, for each movement made under the special permit.
f. 
That the operator or driver of the permitted truck tractor will be, at all times when moving a load within the heavy haul industrial corridor, an agent of the applicant and authorized to accept service of a citation on behalf of the applicant for any violations of this Chapter or the provisions of Title 11 of the Official Code of the City or applicable provisions of Washington State law, pertaining to over legal weight limits and for which permittee may be responsible;
g. 
The special permit is granted with the specific understanding that the applicant shall be responsible and liable for accidents, damage or injury to any person or property resulting from the operation of the permitted truck tractor and container chassis combination carrying over legal weight loads within and upon the heavy haul industrial corridor and, the applicant shall hold blameless and harmless and shall indemnify the City of Tacoma, its officers (elected or appointed), agents and employees against any and all claims, demands, loss, injury, damage, actions and costs of actions whatsoever, which any of them may sustained by reason of unlawful acts, conduct or operations of the applicant or operator of the permitted truck tractor in connection with such operations; and
h. 
That the agent filing the application on behalf of the applicant has the authority and is authorized to bind the applicant to the terms and conditions of the special permit.
B. 
Minimum axle requirements. All permitted truck tractor and container chassis combination of vehicles shall have a minimum of two consecutive sets of tandem axles with a minimum overall distance between the first and last axles of such consecutive sets of tandem axles of thirty-six feet; provided further that, the truck tractor's steering axle shall not exceed 600 pounds per inch of tire width, as determined by the tire manufacturer's sidewall markings.
C. 
Maximum gross loads for combinations. The maximum gross load for the permitted truck tractor and container chassis combination of vehicles shall be as follows:
1. 
A truck tractor and container chassis combination of vehicles meeting the minimum axle requirements as provided at subsection B herein shall be authorized to carry a gross load of forty thousand pounds on the container chassis tandem axles and forty three thousand pounds on the truck tractor drive tandem axles.
2. 
A truck tractor and container chassis combination of vehicles with five axles shall not exceed a gross load of ninety-eight thousand pounds;
3. 
The maximum gross load weight limit for truck tractors equipped with a drop axle ahead of the tandem drive axles shall be the greater of 43,000 pounds or the maximum gross load weight limits established pursuant to RCW 46.44.041 as now or hereafter amended;
4. 
A container chassis with three axles shall be allowed a maximum of forty thousand pounds on those three axles;
5. 
In no circumstances shall any gross load exceed the manufacturer's equipment weight limits as displayed by the manufacturer on the equipment, including without limitation, the truck tractor, the container chassis and the tires.
(Ord. 27252 § 1, 2004-07-20)
The original special permit or a certified copy therefor shall be carried in the truck tractor to which it refers and shall be open to inspection by any law enforcement officer or authorized agent of the City.
(Ord. 27252 § 1, 2004-07-20)
All sealed ocean-going containers shall be accompanied with shipping papers carried in the Truck Tractor showing origin, destination and commodity contained within the sealed ocean-going container. The seal shall be unbroken and affixed with a seal number matching the seal number for the shipping papers.
(Ord. 27252 § 1, 2004-07-20)
The container chassis being moved or operated in combination with the permitted truck tractor under a special permit shall be certified by the Federal Highway Administration and shall display such current certification at the time of movement or operation of the truck tractor and container chassis combination of vehicles.
(Ord. 27252 § 1, 2004-07-20)
A. 
All fees pursuant to this Chapter shall be deposited in a restricted fund and shall be subject to appropriation only for expenditures related to the public costs associated with the activities authorized hereby including, the cost of administration, inspection, and policing of such activities and the cost associated with the repair, maintenance and re-construction of those public highways within the heavy haul industrial corridor to the extent damaged or harmed by such over legal weight loads.
B. 
The following special permit fees shall be paid:
1. 
Issuance of annual original special permit: $3,000.00.
2. 
Issuance of a duplicate special permit: $14.00.
3. 
Issuance of renewal special permit: $3,000.00.
4. 
Issuance of a replacement special permit: $150.00.
C. 
All fees shall be due and owing at the time the Director approves the issuance of the special permit. No special permit or renewal shall be issued or valid except upon receipt of payment of the fee in full.
(Ord. 27252 § 1, 2004-07-20)
A. 
Violation. In addition to any other penalties that may be imposed under state law or City ordinance for violation of over legal weight limits, it shall be a traffic infraction for any person to move or operate or cause to be moved or operated, a permitted truck tractor and container chassis combination of vehicles within the heavy haul industrial corridor in violation of a term or condition of the special permit. It is a traffic infraction to direct the loading of a permitted truck tractor and container chassis combination of vehicles with knowledge that it violates the requirements of this Chapter or the special permit and that such combination of vehicles is to be operated within the heavy haul industrial corridor. For purposes of this Section, knowledge shall mean to know of a fact, action or condition that violates a term or condition of the special permit or this Chapter. A person knows a fact, action or condition in circumstances in which a reasonable person in the same position would have such knowledge.
B. 
Penalties. Upon the first finding of a violation of this Section 11.55.090A, a basic penalty shall be assessed of not less than fifty dollars; upon a second finding thereof a basic penalty shall be assessed of not less than seventy-five dollars; and, upon a third or subsequent finding a basic penalty shall be assessed of not less than one hundred dollars. For the purpose of computing the basic penalties and additional penalties to be imposed under this Section 11.55.090, the findings shall be based on the same permitted truck tractor for offenses occurring within a twelve-month period under the same ownership.
C. 
The penalties imposed pursuant to this Section 11.55.090 shall be in addition to any penalties that may be imposed for violation of the over legal weight provisions under state law or city ordinance. No person may move a truck tractor container chassis combination of vehicles within the heavy haul industrial corridor that is in excess of the over legal weight permits unless such person is fully in compliance with the special permit.
(Ord. 27252 § 1, 2004-07-20)
1. 
Confiscation. Any road use compliance or other law enforcement officer who finds any person operating or moving a permitted truck tractor and container chassis combination of vehicles in violation of the conditions of the special permit issued therefore, may confiscate the special permit and forward it to the Director who may return it to the permittee or, for good cause, revoke or suspend it without refund.
2. 
Revocation or suspension. The Director may revoke or suspend a special permit for good cause. A special permit shall further be revoked or suspended as follows:
a. 
Single special permit. Upon a finding of a violation of the requirements or conditions of a single special permit when such violation is the third violation of such special permit to have been committed within a 365 day period, such special permit shall be revoked and immediately transmitted to the Director.
b. 
Multiple special permits. Upon a finding of a violation of the requirements or conditions a special permit when such violation is the third violation of any special permit issued to a single transloader to have been committed within a 365 day period, all special permits issued to such transloader shall be suspended for five days and no new special permits shall be issued during that time period. Upon the fourth such finding within a calendar year, all such special permits shall be suspended for 10 days and no new special permits shall be issued during that time period. Upon any subsequent such finding within a calendar year, all such special permits shall be revoked.
3. 
Eligibility upon revocation. A truck tractor covered by a revoked special permit is not eligible for issuance of a special permit for a period of thirty days after the date of revocation.
4. 
Record of action. The Director shall keep a record of all action taken upon special permits so confiscated, and if a permit is returned to the permittee the action taken by the Director shall be endorsed thereon.
5. 
Hearing. Any permittee whose special permit is suspended or revoked may, upon request made in writing within five days of the action taken, receive a hearing before the Director to determine if such action was arbitrary and capricious. Upon filing of the hearing request with the Director and until a further order is issued by the Director, such suspension or revocation shall be stayed. After the hearing, the Director may affirm the previous action taken, reinstate any special permit, or revise the previous action taken. In the event that the permittee does not prevail at the hearing, the Director may assess and order the permittee to pay for the administrative costs of the hearing. Failure to pay such costs within 10 days of such order shall be good cause for revocation of the special permit or special permits that is or are the subject of the hearing.
(Ord. 27252 § 1, 2004-07-20)