[Ord. 418, 1/29/2014]
This Part shall be known as "Motor Vehicle Weight Limitation
and Bonding Ordinance of North Fayette Township."
[Ord. 418, 1/29/2014]
This Part is enacted pursuant to the authority conferred by
the Vehicle Code, Act of 1976, June 17, 1962, No. 81, § 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 § 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 §§ 4902(1)
and 6103, 75 Pa.C.S.A. §§ 4902(f) and 6103, and any
amendments thereto.
[Ord. 418, 1/29/2014]
1.
EMERGENCY VEHICLE
LOCAL TRAFFIC
MOTOR VEHICLE
SCHOOL BUS
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
§ 6106 of the Vehicle Code, 75 Pa.C.S.A. § 6106
(relating to designation of emergency vehicles by Pennsylvania State
police).
Emergency vehicles and school buses, defined hereinafter,
vehicles, combinations, or 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 or 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.
A motor vehicle designated for carrying more than 10 passengers,
exclusive of the driver, and used for the transportation of school
children.
[Ord. 418, 1/29/2014]
The Township has determined and hereby determines based upon
weight and size restrictions based on highway conditions and studies
and otherwise that the following roads will be damaged or destroyed
unless the permissible weight of motor vehicles is restricted to the
weight limits listed. A complete list of the roads, identified by
their route number, road name, part of the road restricted and weight
limit, is attached hereto as Exhibit 21-5-A and is made a part hereof.
[Ord. 418, 1/29/2014]
1.
Pursuant to the findings under § 21-504, above, and by authority of § 4902 of the Vehicle Code and regulations promulgated thereunder, no motor vehicle or combination shall be operated upon any of the roads listed in § 21-504 with gross weight in excess of the weight limits listed for said road in § 21-504.
2.
Local traffic as defined herein shall be exempted from the restrictions imposed under Subsection 1 above. However, if the Township determines that any local traffic is likely to damage the road, the Township will so notify the registrants of the motor vehicle or combination and will also notify Township 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 weight limits except in accordance with § 21-507 hereof.
[Ord. 418, 1/29/2014]
1.
Individuals or entities wishing to operate vehicles in excess of
established weight limits on restricted weight Township roads may
apply for a permit to do so on a form provided by the Township. Said
permit application will be referred to the Township Roadmaster, who
shall:
A.
Place the issue on the agenda for a meeting of the Township.
B.
Consult with the third party consultant as necessary to determine
the amount of security/bond to be posted by the applicant. The amount
of security shall be calculated in accordance with 67 Pa.Code, Chapter
189, or its equivalent.
C.
Present a recommendation to the Township to include the amount of
security to be posted by the applicant if the permit is approved.
2.
No permit will be issued until the application is approved by the
Township at a scheduled public meeting and, if required, security
has been posted with the Township. The Township may, by resolution,
delegate the authority to approve permits and set security to the
Roadmaster or other official of the Township.
3.
All actions taken under the authority of this section shall be taken
in accordance with the rules and regulations adopted by the Commonwealth
of Pennsylvania, Department of Transportation, as found in Title 67
of the Pennsylvania Code, as amended.
[Ord. 418, 1/29/2014]
The Township shall erect or cause to be erected and maintained
weight restriction signs designating the weight restrictions at the
ends of the portion of road restricted as provided in this Part. In
the case of a weight 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 weight restricted portion of the road which
would allow drivers to avoid the restricted portion of road.
[Ord. 418, 1/29/2014]
1.
Any person operating a motor vehicle or combination upon a road or bridge in violation of a prohibition or weight restriction imposed under § 21-504 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.
2.
The current applicable section of the Code, § 4902(g),
states:
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"(g)
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PENALTY -
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"(1)
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Any person operating a vehicle or combination upon a highway
or bridge in violation of a prohibition or weight restriction imposed
under subsection (a) is guilty of a summary offense and shall, upon
conviction, be sentenced to pay a fine of $75, except that any person
convicted of operating a vehicle with a gross weight in excess of
a posted weight 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, or as otherwise
provided by law.
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"(2)
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Any person operating a vehicle or combination in violation of
a prohibition or weight restriction imposed under subsection (b) is
guilty of a summary offense and shall, upon conviction, be sentenced
to pay a fine of not less than $25 and not more than $100, or as otherwise
provided by law.
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"(3)
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Nothing in this section shall prevent North Fayette Township
from suing the operator or owner of a vehicle in violation of this
Part for damage caused by the operator or owner using the road in
excess of weight limit restrictions."
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[Ord. 418, 1/29/2014]
All fees pertaining to this Part will be set and/or changed
by resolution.
