[A.O.]
1.
On the following bridges and streets or parts of streets, by authority
granted by § 4902(a) of the Vehicle Code, 75 Pa.C.S.A. § 4902(a),
it shall be unlawful for any person or persons to drive any vehicle
or combination having a gross weight in excess of the maximum prescribed
below for that bridge or street or part of street, as the case may
be:
|
Street or Bridge
|
Between
|
Maximum Gross Weight
| |
|---|---|---|---|
|
All Streets
|
5 tons
| ||
|
Rowe Road
|
Municipal boundary with Penn Township to S.R. 993
|
5 tons
| |
|
South Railroad Street
|
3/4 ton
|
2.
Any person who violates any provision of this section shall be prosecuted
under §§ 4902(a) and 4902(g-1) of the Vehicle Code,
75 Pa.C.S.A. §§ 4902(a), 4902(g-1) and, upon conviction,
shall 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, and costs.
[A.O.]
1.
On the following bridges and streets or parts of streets, by authority
granted by § 4902(a) of the Vehicle Code, 75 Pa.C.S.A. § 4902(a),
it shall be unlawful for any person to drive any vehicle or combination
in violation of the size restrictions prescribed below for that bridge
or street or part of street:
|
Street or Bridge
|
Between
|
Restrictions
| |
|---|---|---|---|
|
(Reserved)
| |||
2.
Any person who violates any provision of this section shall be prosecuted
under §§ 4902(a) and 4902(g)(1) of the Vehicle Code,
75 Pa.C.S.A. §§ 4902(a), 4902(g)(1) and, upon conviction,
shall be sentenced to pay a fine of $75 and costs.
[A.O.]
1.
On the following bridges and streets, or parts of streets, by authority
granted by § 4902(a) of the Vehicle Code, 75 Pa.C.S.A. § 4902(a),
it shall be unlawful for any person to drive any vehicle or combination
having length in excess of the maximum prescribed below for that bridge
or street or part of street, as the case may be:
|
Street or Bridge
|
Between
|
Restrictions
| |
|---|---|---|---|
|
Hill Street
|
Intersection with First Street to Rt. 993
|
Maximum length of 20 feet
|
2.
Any person who violates any provision of this section shall be prosecuted
under §§ 4902(a) and 4902(g)(1) of the Vehicle Code,
75 Pa.C.S.A. §§ 4902(a), 4902(g)(1) and, upon conviction,
shall be sentenced to pay a fine of not less than $100 nor more than
$500 and costs.
[A.O.]
1.
It shall be unlawful for any person to drive a vehicle other than
a passenger car on any of the following streets or parts of streets:
|
Street
|
Between
| |
|---|---|---|
|
(Reserved)
| ||
2.
Provided, nothing in this section shall prohibit any person from
driving an emergency vehicle on any of those streets or parts of streets,
or from driving on any of those streets or parts of streets a truck
or other commercial vehicle making local deliveries to or pickups
from premises located along that street or part of a street.
3.
Any person who violates any provision of this section, upon conviction,
shall be sentenced to pay a fine of $25 and costs.
[A.O.]
1.
Local Traffic.
A.
Over posted weight or size local traffic may exceed posted weight
or size limits if the posting authority determines that an over posted
weight or size vehicle or vehicle and combination being driven to
or from a particular destination or destinations will not likely cause
damage to the highways and it is unlikely to create a hazard due to
the driver's thorough knowledge of the hazardous traffic conditions
or other safety factors which are the basis for the restriction.
B.
If the posting authority determines that one or more over posted
weight or size vehicles which are also considered as local traffic
vehicles are likely to damage the posted highway and/or posted bridge,
the posting authority will so notify the registrants of the over posted
weight or size vehicle or other owners of the destination or destinations
or both of such over posted weight or size vehicles and shall also
notify the Manor Borough Police Department. After two business days
following delivery of the notice or after five days following mailing
of the notice by regular mail, such over posted weight or size vehicles
shall not exceed the posted weight or size limits, except in accordance
with provisions of this part.
C.
With the exception of emergency vehicles and school buses, which
shall require no further documentation, the following types of documents
shall constitute evidence that a vehicle is engaged in local traffic:
(1)
A bill of lading, shipping order or similar document which shows
a destination on the posted highway or in a location which can be
reached only via a posted highway.
(2)
Certification, in writing, by the operator, owner or proper
official of any person or entity engaged in such trafficking, which
describes and affirms the local traffic nature of the activity in
which the vehicle is engaged and which is dated on or prior to the
date of the over posted weight activity.
2.
Permit. No over posted weight or size vehicle, except local traffic
authorized under this part, shall be driven, operated, parked, located
or situated on a posted highway unless the posting authority has issued
a permit for the vehicle or vehicles in accordance with this part.
The application for any permit shall be made in writing to the Borough
Secretary on a form prescribed by the Borough, and the person submitting
such application shall specifically describe the vehicle or vehicles
and the load to be driven, operated or transported, together with
the particular highway for which a permit to operate is requested
and whether such permit is requested for a single trip or for more
than a single trip. Each permit issued under this section shall be
issued for a period not to exceed 60 days unless otherwise provided
at the time of issuance of the permit, and said permit shall be valid
only so long as the permittee complies with all of the terms and conditions
of this part and of the permit. In the event of a violation of the
permit or terms and conditions of this part, said permit shall be,
by said action, revoked and said person shall not be permitted to
continue any activities on a posted highway without first having obtained
a new permit.
A.
Type of Permits. Permits to be issued under this section shall include
the following:
(1)
A Type 1 permit may be issued for a single over posted weight
vehicle on a single posted highway or portion thereof. Said permit
must be carried in and shall be valid only when located in the over
posted weight vehicle.
(2)
A Type 2 permit may be issued for a number of over posted weight
vehicles being driven, operated, parked, maintained or located on
a particular posted highway or portion thereof if said vehicles all
operate between a common destination. A Type 2 permit shall be issued
only upon request of an applicant and after the posting authority
determines that it is not feasible to issue a Type 1 permit for each
vehicle involved in the prohibited activity.
(3)
A Type 3 permit shall be issued to permit an over posted weight
vehicle to operate on more than one posted highway or portion thereof
within the Borough. Said Type 3 permit shall be carried in and shall
only be valid if located within the over posted weight vehicle. A
Type 3 permit shall be issued only if the posting authority determines
the damage to the posted highway covered by the permit will be minimum
because of the limited number of moves by the over posted weight vehicle
and short term use of the highways anticipated by the permittee.
(4)
A Type 4 permit may be issued for a single over posted size
vehicle on a single posted highway or portion thereof. Said permit
must be carried in and shall be valid only when located in the over
posted size vehicle.
B.
Excess Maintenance Agreement. The issuance of a permit to exceed
a posted weight limit or limits shall be conditioned upon the prior
execution of a written agreement between the Borough and the permittee,
whereby the permittee shall accept responsibility, both financial
and otherwise, for excess maintenance of the posted highway or portion
thereof to be used by the permittee.
C.
Security. Except as provided in Subsection C(4), of this paragraph, the permittee shall be required to provide security in favor of the posting authority to assure compliance with the excess maintenance agreement.
(1)
Amount of Security. Amount of security shall be as follows:
(a)
Type 1 and Type 2 Permits. Type 1 and Type 2 shall include:
1)
Twelve thousand five hundred dollars per linear mile for unpaved
highways to be maintained at a level consistent with the type of highway.
2)
Twelve thousand five hundred dollars per linear mile for paved
highways to be maintained at a level consistent with the type of highway.
3)
Twelve thousand five hundred dollars per linear mile for any
highway which the posting authority allows to be maintained below
a level consistent with the type of highway.
(b)
Type 3 Permits: $10,000.
(c)
Type 4 Permits: $10,000.
(d)
The above security shall be modified to amounts equal to the
security or bonding requirements shall be in the amount as determined
from time to time by the Pennsylvania Department of Transportation
and as the same is published in a revised schedule of security and
bonding amounts issued by said Department. The Borough hereby incorporates
herein, by reference thereto, said schedules of amounts as from time
to time are determined and published by the Pennsylvania Department
of Transportation.
(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;
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 highway is estimated by the posting
authority to constitute 75% or more of the amount of the security,
the posting authority may require the highway 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 unable to collect
a judgment rendered against the permittee for failure to comply with
the maintenance agreement.
(a)
The posting authority shall require corporate officers, stockholders
and their spouses to execute a self-bond if the posting authority,
in its sole judgment, determines the financial ability of the permittee
corporation is insufficient in itself to justify self-bonding.
(b)
The posting authority shall require the permittee to execute
liens on real or personal property or both as a condition for authorizing
self-bonding.
(c)
The posting authority reserves the right to change, alter, increase
or decrease the above self-bonding requirements as it deems in the
best interests of the Borough.
D.
Multiple Permittees. Multiple permittees shall conform with 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 highway 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 agreement with and accept security from any person agreeing
to such determination.
(3)
Subsequent Permit Applicants. Subsections D(1) and (2) of this paragraph 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 highway.
E.
Determination of Highway Condition. Determination of highway condition
shall consist of the following:
(1)
Inspection. Representatives of the posting authority and of
the permittees or permittees will make an on-site inspection of the
posted highway immediately before issuance of each permit in order
to determine its condition.
(2)
Re-inspection. The posted highway will be re-inspected:
(3)
Type 3 Permits. Before and after using a Type 3 permit on any
posted highway 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 highway before and after
the use and to assess any excess maintenance caused by the permittee.
(4)
Notification of Inspections and Re-inspections. All Type 1 and
Type 2 permittees on a posted highway or portion thereof will be notified
of all inspections and re-inspections on the highway or portion and
may participate in the inspections and re-inspections.
(5)
Inspection Costs. The inspection costs of the posting authority
shall be paid by the permittee or permittees. The estimated costs
of such inspections shall be paid in advance at the time of issuance
of a permit.
F.
Administrative Fee. The posting authority will charge an administrative
fee, in an amount to be established by resolution of the Borough Council
of the Borough of Manor, for issuance of each permit, in addition
to the inspection and security set forth above.
3.
Penalties. Any person operating a vehicle or combination upon a highway
or bridge with a gross weight in excess of the posted weight shall
be guilty of a summary offense and, upon conviction thereof, 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 plus costs
and, in default of payment of said fine and costs, to imprisonment
for a term not to exceed 30 days.
4.
Liability. Any person operating any vehicle or combination upon any
highway of the Borough of Manor in excess of the maximum weight provided
by this part or by law, even though the same may be authorized by
a permit issued under this part shall be liable for all the damage
which said vehicle or combination causes to said highway as a result
of the driving, operation, location, parking or maintenance of such
vehicle or combination upon said highway.
