The speed limit for both directions of traffic along the streets or parts thereof described in Schedule I (§ 180-43), attached to and made a part of this chapter, is hereby established at the rate of speed indicated in said schedule. It shall be unlawful for any person to drive a vehicle at a higher speed than the maximum prescribed for that street or part of a street.
Traffic control signals shall be installed and operated at the intersection of those streets described in Schedule II (§ 180-44), attached to and made a part of this chapter.
No person shall make a right turn (or a left turn from a one-way street into another one-way street) when facing a steady red signal at any of the locations described in Schedule III (§ 180-45), attached to and made a part of this chapter.
It shall be unlawful for the driver of any vehicle to make a turn of the kind designated (left, right, all) at any of the intersections described in Schedule IV (§ 180-46), attached to and made a part of this chapter.
It shall be unlawful for the driver of any vehicle to make a U-turn on any of the streets or parts of streets described in Schedule V (§ 180-47), attached to and made a part of this chapter.
The streets or parts of streets described in Schedule VI (§ 180-48), attached to and made a part of this chapter, are hereby designated as one-way streets in the direction indicated, and it shall be unlawful for any person to drive a vehicle on any one-way street other than in the direction established for traffic on that street.
No-passing zones are hereby established along those streets or parts of streets described in Schedule VII (§ 180-49), attached to and made a part of this chapter, and it shall be unlawful for the driver of any vehicle to overtake or pass another vehicle or to drive on the left side of the roadway in any no-passing zone described in said schedule.
The streets or parts of streets described in Schedule VIII (§ 180-50), attached to and made a part of this chapter, are hereby established as through streets, and the driver of any vehicle, upon approaching any such street at any intersection thereof (except for such intersections where there are now or shall hereafter be located official traffic signals), shall come to a full stop or yield the right-of-way, as the case may be, before entering any such through street.
The intersections described in Schedule IX (§ 180-51), attached to and made a part of this chapter (in addition to intersections with the through streets established by this chapter), are hereby established as stop intersections, and official stop signs shall be erected in such a position upon the first-named street as to face traffic approaching the second-named street in the direction or directions indicated in said schedule. Every driver of a vehicle approaching any such intersection upon the first-named street, in the direction or directions indicated in each case, shall come to a full stop before entering any such intersection.
The intersections described in Schedule X (§ 180-52), attached to and made a part of this chapter (in addition to intersections with the through streets established by this chapter), are hereby established as yield intersections, and official yield signs shall be erected in such a position upon the first-named street as to face traffic approaching the second-named street in the direction or directions indicated. Every driver of a vehicle approaching any such intersection upon the first-named street, in the direction or directions indicated in each case, shall slow down or stop the vehicle and then yield the right-of-way to any vehicle in the intersection or approaching on the second-named street so closely as to constitute a hazard during the time that the driver is moving across or within such intersection.
It shall be unlawful for any person to drive any vehicle, except a passenger vehicle (but not including any passenger vehicle drawing any trailer or towing any other vehicle), upon any of the streets or parts of streets described in Schedule XI (§ 180-53), attached to and made a part of this chapter.
A.
It shall be unlawful for any person to drive any commercial vehicle or other tractor, trailer or tractor-trailer combination, having a gross weight in excess of that respectively prescribed, upon any of the streets or bridges or portions thereof described in Schedule XII (§ 180-54), attached to and made a part of this chapter, except for the purpose of making local deliveries on said streets.
B.
General weight limit.
(1)
No vehicle or mechanized equipment of any type whose
combined weight of equipment and load exceeds 10 tons shall be driven
over nor permitted to travel upon any road of this Township, except
any road forming a boundary between this Township and any other municipality,
provided that this prohibition shall not apply to any vehicle in the
act of making a local delivery within the Township.
(2)
Appropriate signs shall be purchased and placed along
Township roads to give notice to the traveling public of the weight
limitations provided by this subsection, and this subsection shall
not be enforced on or upon any roads in the Township where the appropriate
signs have not been erected.
(3)
The provisions of this subsection shall not apply to buses or commercial motor vehicles transporting passengers for compensation which operate locally within the limits of the Township and regularly receive or discharge passengers at specified locations in the Township, to vehicles of any fire company or to vehicles of any public utility work or to vehicles making local deliveries or rendering services to occupants of buildings or other persons on any of the roads as specified in Subsection B(1).
C.
Permits for over-posted-weight vehicles.
(1)
EXCESS MAINTENANCE
LOCAL TRAFFIC
(a)
(b)
(c)
(d)
NORMAL MAINTENANCE
OVER-POSTED-WEIGHT VEHICLE
POSTED STREET
POSTED WEIGHT LIMIT
POSTING AUTHORITY
STREET
Definitions. As used in this section, the following
words and terms, when used herein, shall have the following meanings
unless the context clearly indicates otherwise:
Maintenance or restoration or both (but not betterment) of
a posted street in excess of normal maintenance, caused by use of
over-posted vehicles.
Emergency vehicles.
School buses.
Vehicles and combinations of governmental agencies
and utilities or their contractors engaged in construction or maintenance
on a posted street or in a location which can be reached only via
a posted street.
Vehicles and combinations going to or coming
from a residence, commercial establishment or farm located on a posted
street or which can be reached only via a posted street.
The usual and typical activities necessary to maintain the roadway, shoulders and drainage facilities in the state of repair existing at the date of inspection as prescribed in Subsection C(3)(f)[1] herein.
A vehicle or combination having a gross weight in excess
of a posted weight limit.
A street having a posted weight limit.
A restricted weight limit posted on a Township street under
authority of Township ordinances and/or § 4902 of the Vehicle
Code of the Commonwealth of Pennsylvania, 75 Pa.C.S.A. § 4902.
The Township of Penn, Westmoreland County, Pennsylvania.
A way for vehicular traffic, whether designated as a street,
highway, thoroughfare, parkway, throughway, road, avenue, boulevard,
lane, place or however otherwise designated.
(2)
Local traffic.
(a)
General rule. Over-posted-weight local traffic
may exceed posted weight limits unless the posting authority determines
that an over-posted-weight vehicle or vehicles being driven to or
from a particular destination or destinations are likely to damage
the street.
(b)
Vehicles determined likely to damage street. If the posting authority determines that one or more over-posted-weight vehicles are likely to damage the street, the posting authority will notify the registrants of the over-posted-weight vehicles or owners of the destination or destinations or both and will also notify the state and local police. After two business days following delivery of the notice or after five days following mailing of the notice, such over-posted-weight vehicles shall not exceed the posted weight limits except in accordance with the provisions of Subsection C(3) of this section.
(c)
Proof of local traffic status. The following
types of documents will constitute evidence that a vehicle is local
traffic:
(3)
Use under permit.
(a)
General rule. No over-posted-weight vehicle, except local traffic authorized under Subsection C(2) of this section, shall be driven on a posted street with a gross weight in excess of the posted weight limit unless the posting authority has issued a permit for the vehicle or vehicles in accordance with this subsection.
(b)
Types of permits.
[1]
A Type 1 permit authorizes use of a particular
posted street or a portion thereof by an over-posted-weight vehicle.
It is valid only when carried by the over-posted-weight vehicle.
[2]
A Type 2 permit authorizes use of a particular
posted street or portion thereof by any number of over-posted-weight
vehicles being driven to or from a common destination.
[a]
Documents of the type set forth in Subsection C(2)(c) of this subsection will constitute evidence of a vehicle.
[b]
A Type 2 permit will be issued
only upon request of the permittee and if the posting authority 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 belong to or are hauling under
contract with customers or suppliers of the permittee.
[3]
A Type 3 permit is issued only if the posting
authority determines that damage to the posted street covered by the
permit will be minimal because of the limited number of moves by over-posted-weight
vehicles and short-term use of the streets anticipated by the permittee.
(c)
Excess maintenance agreement. Issuance of a
permit to exceed a posted weight limit or limits will be conditioned
on the agreement by the permittee to accept financial responsibility
for excess maintenance of the posted street or portion thereof to
be used by the permittee. The agreement may provide for the work to
be performed by the posting authority or its contractor or by the
permittee or its contractor, except that in the case of a self-bonding
agreement, the posting authority will require that all work be performed
by the permittee or its contractor.
(d)
Security. Except as provided in Subsection C(3)(d)[4] of this subsection, the permittee shall be required to provide security in favor of the posting authority to assure compliance with the maintenance-reconstruction agreement.
[1]
Amount of security. The amount of security shall
be as follows:
[a]
Type 1 and 2 permits. Type 1 and
2 permits shall include $6,000 per linear mile for unpaved streets
to be maintained at a level consistent with the type of the street;
$12,500 per linear mile for paved streets to be maintained at a level
consistent with the type of street; and $50,000 per linear mile for
any street which the posting authority allows to be maintained below
a level consistent with the type of street.
[b]
Type 3 permits. Type 3 permits
shall include $10,000 for each street covered by the permit.
[c]
Schedule of bonding amounts. The
posting authority will from time to time, but not more often than
annually, furnish a revised schedule of bonding amounts based on increased
or decreased maintenance costs.
[2]
Form of security. The security may be in the
form of a performance bond with surety by a company authorized to
do business in the Commonwealth of Pennsylvania 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 posting authority
or in some other form of security acceptable to the posting authority.
[3]
Additional security. When the amount of damage
in excess of normal maintenance to a posted street is estimated by
the posting authority to constitute 75% or more of the amount of the
security, the posting authority may require the street to be maintained
or reconstructed within 30 days unless the permittee agrees to provide
such additional security as the posting authority shall determine.
[4]
Self bonding. The posting authority may authorize
self-bonding if it determines, on the basis of the financial ability
of the permittee, that it is unlikely that the posting authority will
be able to collect a judgment rendered against the permittee for failure
to comply with the maintenance agreement.
[a]
The posting authority 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 posting authority may require
the permittee to execute liens on real or personal property or both
as a condition for authorizing self-bonding.
(e)
Multiple permittees. Multiple permittees shall
conform to the following:
[1]
Agreement to share excess maintenance responsibility.
If two or more persons wish to obtain Type 1 or Type 2 permits to
operate over-posted-weight vehicles on the same posted street or portion
thereof, they may agree among themselves as to their relative responsibility
for the cost of excess maintenance, and the posting authority will
enter into agreements and accept security on the basis of the agreed
shares.
[2]
Determination by posting authority. If multiple
applicants for Type 1 or Type 2 permits cannot agree on their relative
responsibility, the posting authority will determine their relative
shares and will enter into agreements with and accept security from
any person agreeing to such determination.
[3]
Subsequent permit applications. Subsection C(3)(e)[1] and [2] of this section shall apply even if one or more persons have already entered into a Type 1 or Type 2 permit agreement and posted security when another person expresses the desire to obtain a Type 1 or Type 2 permit to operate over-posted-weight vehicles on the same posted street.
(f)
Determination of street condition. Determination
of street condition shall consist of the following:
[1]
Inspection. Representatives of the posting authority
and of the permittee or permittees will make an on-site inspection
of the posted street immediately before issuance of each permit in
order to determine its condition.
[2]
Reinspection. The posted street will be reinspected
upon issuance of any new permit; from time to time as the posting
authority determines repairs may be required; and upon termination
of any permit in order to determine the amount of damage for which
the permittee or permittees are responsible.
[3]
Type 3 permits. Before and after using a Type
3 permit on any posted street specified in the permit, the representatives
of the permittee and the posting authority will make an on-site inspection
to determine the relative condition of the street before and after
the use to assess any excess maintenance caused by the permittee.
[4]
Notification of inspections and reinspections.
All Type 1 and Type 2 permittees on a posted street or portion thereof
will be notified of all inspections and reinspections on the street
or portion thereof and may participate in the inspections and reinspections.
[5]
Inspection costs. The inspection costs of the
posting authority shall be paid by the permittee or permittees. Inspection
costs related to a Township-wide Type 3 permit will be paid solely
by the Type 3 permittee.
(g)
Administrative fee. The posting authority will
charge an administrative fee of $15 for issuing each Type 3 permit.
All permits may be obtained by application to the Township Secretary
at the Township Municipal Building during regular business hours.