Current through Register Vol. 54, No. 44, November 2, 2024
The following conditions apply to permits issued under
this chapter and the operation of permitted vehicles, if applicable:
(1)
Driver to carry permit and
regulations. Movement may not be started until a permit has been
issued. The driver shall carry the permit and a copy of Form M-938 in the
permitted vehicle and shall have these documents available for inspection by a
police officer or representative of the Department. The permit may not be
assigned or transferred to another person or carried by another person while
operating under the permit.
(2)
Posted weight limits. The permit may not supersede a lesser
weight limit posted on a bridge or highway under authority of section 4902 of
the act (relating to restrictions on use of highways and bridges); however, the
permittee may apply to the Department or local authorities, whichever is
responsible for the posting, for a permit to exceed the posted weight. The
Department or local authorities may require security to cover the cost of
repairs and restoration of any bridge or highway which they determine may be
loaded in excess of its operating rating or otherwise damaged by the
movement.
(3)
Scope of
permit. The granting of a permit may not be considered as a guarantee
of the sufficiency of a highway or structure thereon for the load
authorized.
(4)
Additional
restrictions. The permittee shall comply with applicable statutes and
regulations of the Commonwealth and a political subdivision thereof, unless
specifically exempted by the permit or its supplement.
(5)
Highway restrictions.
(i) The permit shall authorize movement only
on the roadway portion of highways specified in the permit which are under the
jurisdiction of the Department. The permit does not authorize movement upon
shoulders except in a highway work zone in which traffic is directed to travel
off the roadway.
(ii) The permit is
not valid for movement on the Pennsylvania Turnpike unless otherwise authorized
in the act.
(iii) Permission shall
be obtained from local authorities for the use of local roads and streets,
which are listed in brackets or parentheses on the permit.
(iv) Permission shall be obtained from the
National Park Service for travel on Traffic Route 209 between its intersection
with TR 402 in Monroe County and TR 6 in Pike County. National Park Service
phone numbers are listed on the permit application (Form M-936A).
(v) The permitted vehicle may deviate from
the routing authorized in the permit only when specifically directed by a
police officer exhibiting some sign of authority.
(6)
Inclement weather.
Movement under the permit shall be restricted during unfavorable weather or
road conditions. For the purpose of this chapter, unfavorable weather or road
conditions shall include:
(i) Snow covered
highways until pavement has been plowed full width, icy pavements until highway
has been cindered or salted;
(ii)
Driving rain, fog, snow storm or other atmospheric conditions which restrict
visibility to less than 1,000 feet.
(iii) Winds sufficient to cause the wheels of
the (semi) trailer to deflect more than 6 inches from the path of the wheels of
the drawing vehicle.
(7)
Restricted travel periods.
(i) Unless exempted in this paragraph,
movement under permit is not authorized during any of the following periods:
(A) Sunset to sunrise.
(B) Saturday, after 12 noon.
(C) Sunday.
(D) Holidays specified in this clause and the
day preceding these holidays, unless otherwise specified in the permit:
New Year's Day-January.
Memorial Day-last Monday in May.
Independence Day-July.
Labor Day-first Monday in September.
Thanksgiving Day-fourth Thursday in November.
Christmas Day-December 25.
(ii) Except during the holiday periods listed
in clause (D), movement under permit in urbanized areas is authorized 7 days a
week only during the following time periods:
(A) 3 a.m. to 7:30 a.m.
(B) 9 a.m. to 4 p.m.
(C) 7 p.m. to sunset.
(D) 9 a.m. to 4 p.m. through the Fort Pitt,
Squirrel Hill or Liberty Tunnels in Allegheny County.
(iii) When an oversize movement is made
within an urbanized area between 3 a.m. and sunrise, the permitted vehicle and
load shall be illuminated with additional lighting on all sides so as to be
clearly visible from 1,000 feet in all directions. The movement shall be
accompanied with pilot car escort, operated in accordance with paragraph
(13).
(iv) Movement across a State
highway may be authorized on days and hours during which movement along a State
highway is prohibited under this paragraph, if the district traffic engineer
approves the applicant's proposed days and hours of operation and its traffic
control plan.
(v) The Department's
Chief Engineer or the Central Permit Office or the State Police-Bureau of
Patrol may exempt an oversize/ overweight movement from the travel period
restrictions in this paragraph in the following instances:
(A) A movement certified by the Department of
Defense as being essential to the national defense, provided the permitted
vehicle is escorted by a following pilot car operated in accordance with
paragraph (13)(ii).
(B) An
emergency requiring immediate movement for the protection of life or property,
when authorized in accordance with §
179.12 (relating to emergency
movements).
(C) The Department
determines that movement during authorized time periods is not feasible and
that there will be a public benefit by authorizing the movement.
(8)
Invalidation
of permit. The permit shall be subject to confiscation by the
violation of a condition specified therein or by the violation of this chapter.
The permit shall be automatically invalidated by the giving of false
information on the permit application.
(9)
Permit limited to single
trip.
(i) Unless otherwise provided
in the act, this chapter or the permit, a permit shall be valid only for a
single trip in one direction between the two points designated. The Department
may authorize scheduled detours off of a limited access highway of up to 1 mile
for service or rest, when requested on the application and specifically
indicated on the permit. A single-trip permit expires after 5 authorized
weekdays have lapsed, as specified on the permit.
(ii) The permit may not authorize a return
trip unless requested and specifically indicated on the permit.
(10)
Liability.
The permittee shall pay any claim for personal injury or property damage
arising out of his operation under the permit for which he shall be determined
to be legally responsible, and shall fully indemnify, defend-if requested-and
save harmless the Commonwealth and any Department, officer and employe thereof
from a suit, action or claim against them arising out of the
operations.
(11)
Damage to
highway. The permittee shall repair at his own expense and to the
satisfaction of the Department any overt damage to highways or structures which
occurs in connection with operations under the permit.
(12)
Police escort. An
escort is required as follows:
(i) An escort
by uniformed State Police or local police shall be required in the following
instances:
(A) Buildings in excess of 16 feet
in width.
(B) Super
loads.
(C) The period while a
provision of the act is being contravened.
(ii) An escort by Department personnel may
also be required if conditions warrant.
(iii) If an escort by the State Police is
necessary, the application shall be submitted to the Department to allow for
the State Police to be notified by the Central Permit Office at least 24 hours
prior to initial movement under the permit.
(13)
Pilot cars.
(i) Pilot cars are required to accompany a
permitted vehicle as outlined in this paragraph and as specified in the permit.
(A)
Length. If the total
length of the vehicle or combination, including a load on the combination,
exceeds 90 feet, or if a load extends more than 15 feet beyond the rear of a
combination, a pilot car shall follow the permitted vehicle on all highways to
warn and direct traffic, especially in lane change areas. The pilot car may
temporarily lead the permitted vehicle to direct traffic while the vehicle or
combination is negotiating a sharp or right angle turn.
(B)
Width. If the total
width of the vehicle or combination including any load exceeds 13 feet:
(I) A pilot car shall follow the permitted
vehicle to warn and direct traffic, when operating on highways having two or
more lanes which carry traffic in the same direction as the permitted
vehicle.
(II) On highways having
only one lane which carries traffic in the same direction as the permitted
vehicle, a pilot car shall precede the permitted vehicle to warn and direct
traffic.
(III) A pilot car shall
follow the permitted vehicle when accompanied by a police escort.
(C)
Height. If
the total height of the vehicle or combination, including a load, exceeds 14
feet, 6 inches, a pilot car shall precede the permitted vehicle by 1,000 feet
to 3,000 feet on all highways, to detect critical overhead obstructions by
means of a height pole or other height sensitizing device. Affected public
utilities shall be notified by the permittee at least 24 hours prior to the
permitted movement to arrange for the relocation of affected wires.
(D)
Weight. Pilot car
requirements for overweight movements shall be as follows:
(I) If the permit requires the permitted
vehicle to travel over bridges at reduced speeds, a pilot car shall follow the
permitted vehicle to warn and direct traffic while the permitted vehicle is
traveling at reduced speeds.
(II)
If the permit requires the permitted vehicle either to be the only vehicle on a
bridge span or to occupy more than one lane while crossing a bridge, pilot cars
shall precede and follow the permitted vehicle on each such bridge which
supports two directional traffic. A pilot car shall follow the permitted
vehicle on each such bridge which supports one directional traffic.
(E)
Urbanized
areas. Pilot cars shall precede and follow an oversize permitted
vehicle operating within an urbanized area during hours of darkness, as
authorized in paragraph (7)(ii). A permitted vehicle not capable of maintaining
40 m.p.h. on limited access highways within an urbanized area may be authorized
to operate on limited access highways within an urbanized area only from 9 a.m.
to 4 p.m., when accompanied with a following pilot car.
(F)
Nonurbanized areas. If
the permitted vehicle or combination cannot maintain a minimum speed of 40
m.p.h. on limited access highways, a pilot car shall follow the permitted
vehicle to warn and direct traffic.
(ii)
Operating requirements.
(A) Pilot cars shall maintain visual and
two-way radio contact with the permitted vehicle or combination during
movement, except for intermittent interruptions which are not under the
driver's control, such as terrain or traffic interruptions.
(B) Head lamps and rear lamps of a permitted
vehicle or combination travelling with pilot car escort shall be illuminated
during movement.
(C) Pilot cars
shall be equipped with one or two flashing or revolving amber lights, in
accordance with sections 4572 and 6107 of the act (relating to visual signals
on authorized vehicles; and designation of authorized vehicles by department)
and §§
15.2 and
173.3 (relating to types of
authorized vehicles; and display requirements). The flashing or revolving
lights shall be continuously operated during
movement.
(14)
Obstructed lighting equipment. Whenever the rear running
lights, stop lights, turn signals or hazard warning lights required by the act
are obstructed by the load on a vehicle or by a towed vehicle or its load,
lighting equipment shall be displayed on the rear of the towed vehicle or load
equivalent to the obstructed lights or signals.
(15)
Sign requirements.
(i) Clean yellow warning signs at least 7
feet wide by at least 18 inches high and containing only the words "OVERSIZE
LOAD" in black letters at least 10 inches high with a 2-inch letter stroke,
shall be mounted on the front of the permitted oversize vehicle and on the rear
of the permitted oversize vehicle or load, unless otherwise specified in the
permit.
(ii) When a pilot car is
required in accordance with paragraph (13), a clean yellow warning sign at
least 5 feet wide by at least 1 foot high containing only the words "OVERSIZE
LOAD" in black letters at least 8 inches high shall be mounted on both the
front and the rear of the pilot car.
(iii) When the load has been removed and the
vehicle is no longer oversize, all "OVERSIZE LOAD" signs shall be removed or
covered.
(16)
Flag requirements. Points of excessive length (including an
overlength vehicle or combination or a load extending more than 4 feet beyond
the rear of a combination) and width, including an overwidth vehicle or a load
extending beyond one or both sides of a vehicle or combination, shall be marked
with clean, plain, red or fluorescent orange warning flags, at least 18 inches
square.
(17)
Inspection
report requirement. The permittee shall carry with the permit:
(i) In the case of trucks, truck tractors and
other motor vehicles not identified in subparagraph (ii), the last prior trip's
vehicle inspection report which conforms with
49 CFR
396.11 (relating to driver vehicle inspection
reports) as well as §
229.365 or §
231.365 (relating to driver
vehicle inspection reports; and driver vehicle inspection reports).
(ii) In the case of special mobile equipment,
implements of husbandry, trailers, semitrailers and dollies, a certification
that the light systems, brake systems, tires, steering and coupling devices
were checked within 7 days prior to the date of movement and are in good
condition and safe for travel on the highways.
(18)
Convoys prohibited.
Except for military convoys, a permitted oversize vehicle may not travel within
1,000 feet of another permitted oversize vehicle traveling in the same
direction.
(19)
Traffic
build-up prohibited. The permitted vehicle should not allow a build-up
of traffic to the rear in excess of six vehicles unless there is no open road
ahead. The permitted vehicle shall, at the first opportunity when and where it
is reasonable and safe to do so and after giving appropriate signal, drive
completely off the traveled portion of the highway and stop, to allow traffic
build-up to pass safely.
(20)
Brake retarder required. A motor vehicle operating along a
State highway and having a Gross Weight above 80,000 pounds shall be equipped
with an engine-brake retarder or an exhaust-brake retarder or a hydraulic-brake
retarder to supplement the service brakes. The brake retarder shall be in good
working order and shall be used by the driver as necessitated by traffic or
roadway conditions. A brake retarder is not required on a new motor vehicle
while the vehicle is being tested by the vehicle manufacturer within a 15-mile
radius of the place of manufacture or while the vehicle is in transit from the
vehicle manufacturer to a purchaser or dealer outside this Commonwealth. The
use of brake retarders may not be prohibited by a local authority unless prior
written approval is obtained from the Department. If the Department denies
written approval, a local authority may file an application for reconsideration
under 1 Pa. Code §35.241 (relating to application
for rehearing or reconsideration).
This section cited in 67 Pa. Code §
179.1 (relating to definitions);
67 Pa. Code §
179.12 (relating to emergency
movements); and 67 Pa. Code §
179.14 (relating to single-trip
special hauling book permits for oversize
movements).
