The provisions of this article apply to bridges
located on posted highways but do not apply to bridges posted independently
of highways.
The following words and terms, when used in
this article, shall have the following meanings, unless the context
clearly indicates otherwise:
Pennsylvania Department of Transportation.
Maintenance or restoration or both (but not betterment) of
a posted highway in excess of normal maintenance, caused by the use
of over-posted-weight vehicles.
The following shall be regarded as local traffic for the purpose of § 241-33 of this article (relating to local traffic):
Emergency vehicles;
School buses;
Vehicles and combinations of governmental agencies
and utilities or their contractors engaged in construction or maintenance
on a posted highway or in a location which can be reached only via
a posted highway; and
Vehicles and combinations going to or coming
from a residence, commercial establishment, or farm located on a posted
highway or which can be reached only via posted highway.
The usual and typical activities necessary to maintain the roadway, shoulders, and drainage facilities in the state of repair existing at the date of the inspection prescribed in § 241-34F(1) of this article (relating to use under permit).
A vehicle or combination having a gross weight in excess
of a posted weight limit.
A highway having a posted weight limit.
A restricted weight limit posted on a highway under authority
of Section 4902 of the Vehicle Code (75 Pa.C.S.A. § 4902)
and under authority of this article.
Allegheny Township, Westmoreland County, Pennsylvania.
A.
General rule. Over-posted-weight local traffic may
exceed posted weight limits unless the Township determines that an
over-posted-weight vehicle or vehicles being driven to or from a particular
destination or destinations are likely to damage the highway.
B.
Vehicles determined likely to damage highway. If the Township determines that one or more over-posted-weight vehicles are likely to damage the highway, the Township will so notify the registrants of the over-posted-weight vehicles or owners of the destination or destinations, or both, and will also notify state and Township 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 § 241-34 of this article (relating to use under permit).
C.
Proof of local traffic status. The following types
of documents will constitute evidence that a vehicle is local traffic:
A.
General rule. No over-posted-weight vehicle (except local traffic authorized under § 241-33C of this article relating to local traffic) shall be driven on a posted highway with a gross weight in excess of the posted weight limit unless the Township has issued a permit for the vehicle or vehicles in accordance with this article.
B.
Type of permit. Types of permits shall include the
following:
(1)
A Type 1 permit authorizes use of a particular posted
highway or portion thereof by an over-posted-weight vehicle. It is
valid only when carried in the over-posted-weight vehicle.
(2)
A Type 2 permit authorizes use of a particular posted
highway or portion thereof by any number of over-posted-weight vehicles
being driven to or from a common destination. A Type 2 permit will
be issued only upon request of the permittee and if the Township 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 authorizes use of a number of specified
posted highways or portions thereof by an over-posted-weight vehicle.
(a)
A Type 3 permit is valid only when carried in
the over-posted-weight vehicle.
(b)
A Type 3 permit is issued only if the Township
determines that damage to the posted highway covered by permit will
be minimal because of the limited number of moves by over-posted-weight
vehicles and short-term use of the highways 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 highway or portion thereof to be
used by the permittee. The agreement may provide for the work to be
performed by the Township or its contractor or by the permittee or
its contractor, except that, in the case of a self-bonded agreement,
the Township will require that all work be performed by the permittee
or its contractor.
D.
Security. Except as provided in Subsection D(4), the permittee shall be required to provide security in favor of the Township to assure compliance with the maintenance-reconstruction agreement.
(1)
Amount of security. Amount of security shall be as
follows:
(a)
Type 1 and 2 permits. Type 1 and 2 permits shall
include:
[1]
Six thousand 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]
Fifty thousand dollars per linear mile for any
highway which the Township allows to be maintained below a level consistent
with the type of highway.
[4]
Where the Allegheny Township Engineer determines
that because of specially existing circumstances, the amount of security
set forth in the above sections is not adequate, the Township Engineer,
with the approval of the Township Solicitor, shall set an adequate
amount of security which may be in excess of the above scheduled amounts.
[Added 3-12-1990]
(b)
Type 3 permits. Amount to be determined by totaling the amounts which would be due for each type and length of highway in accordance with Subsection D(1)(a) above and, further, where the Allegheny Township Engineer determines that, because of specially existing circumstances, the amount of security set forth in the above sections is not adequate, the Township Engineer, with the approval of the Township Solicitor, shall set an adequate amount of security which may be in excess of the above scheduled amounts.
[Amended 3-12-1990]
(c)
Schedule of bonding amounts. The Township will
from time, but not more often than annually, publish a revised schedule
of bonding amounts based on increased or decreased maintenance costs.
Said revised schedule of bonding amounts shall comply with regulations
promulgated 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 cash or
in the form of a bank account made joint with Allegheny Township or
in the form of a certificate of deposit made joint with Allegheny
Township or in the form of an irrevocable letter of credit in favor
of Allegheny Township or in some other form of security acceptable
to the Township, but in no instance in the form of a certified check,
treasurer's check, money order or any other type of instrument upon
which payment may be stopped.
[Amended 3-12-1990]
(3)
Additional security. When the amount of damage in
excess of normal maintenance to a posted highway is estimated by the
Township to constitute 75% or more of the amount of the security,
the Township may require the highway to be maintained or reconstructed
within 30 days unless the permittee agrees to provide such additional
security as the Township shall determine.
(4)
Self-bonding. The Township may authorize self-bonding
if it determines, on the basis of the financial ability of the permittee,
that it is unlikely that the Township will be unable to collect a
judgment rendered against the permittee for failure to comply with
the maintenance agreement.
(a)
The Township 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 Township may require the permittee to execute
liens on real or personal property, or both, as a condition for authorizing
self-bonding.
(c)
In order to be considered for self-bonding by
the Township, a permittee shall file Contractor's Financial Statement,
Department Form CS 4300, Part 1. The financial statement shall be
updated annually, and within 30 days of any Township request for an
update.
(5)
Interest. Under no circumstances shall Allegheny Township
pay interest to any permittee on any security provided to Allegheny
Township in accordance with the security requirements of this article.
[Added 3-12-1990]
E.
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 Township
will enter into agreements and accept security on the basis of the
agreed shares.
(2)
Determination by Township. If multiple applicants
for Type 1 or Type 2 permits cannot agree on their relative responsibility,
the Township will determine their relative shares, and will enter
into agreements with and accept security from any person agreeing
to such determination.
(3)
Subsequent permit applicants. Subsection E(1) and (2) 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 Type 1 or Type 2 permit to operate over-posted-weight vehicles on the same posted highway.
F.
Determination of highway condition. Determination
of highway condition shall consist of the following:
(1)
Inspection. Representatives of the Township and of
the permittee 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)
Reinspection. The posted highway will be reinspected:
(3)
Type 3 permits. Before and after using a Type 3 permit
on a posted highway specified in the permit, the representatives of
the permittee and the Township 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 reinspections. All
Type 1 and Type 2 permittees on a posted highway or portion thereof
will be notified of all inspections and reinspections on the highway
or portion, and may participate in the inspections and reinspections.
(5)
Inspection and reinspection costs. The inspection
and reinspection costs of the Township shall be paid by the permittee
or permittees. Said inspection and reinspection costs to be deducted
from the security provided by the permittee or permittees pursuant
to this article. Reinspection costs shall include any costs or fees
reasonably connected with the reinspection of a posted highway, including
solicitors' fees.
G.
Administrative fee. The Township will charge a $25
administrative fee for issuance of each permit.
Any person who shall violate the provisions
of this article and haul in excess of the posted weight limit shall
be subject to the appropriate penalty as set forth in the Pennsylvania
Vehicle Code.
