Current through Register Vol. 54, No. 44, November 2, 2024
(a)
General rule. No over-posted-weight vehicle, except local
traffic authorized under §
189.3(a)
(relating to local traffic), shall be driven on a posted highway 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
section.
(b)
Types of
permits. 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.
(i) Documents of the type set forth in §
189.3(c)
(relating to local traffic) will constitute evidence of the destination of a
vehicle.
(ii) 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 authorizes use of a
number of specified posted highways or portions thereof by an
over-posted-weight vehicle.
(i) A Type 3
permit is valid only when carried in the over-posted-weight vehicle.
(ii) A Type 3 permit is issued only if the
posting authority determines that damage to the posted highway 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 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 posting authority or its contractor or by the
permittee or its contractor, except that in the case of a self-bonded
agreement, the Department will require that all work be performed by the
permittee or its contractor.
(d)
Security. Except as provided in paragraph (4), 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.
Amount of security shall be as follows:
(i)
Type 1 and Type 2 permits. Type 1 and Type 2 permits shall
include:
(A) $6,000 per linear mile for
unpaved highways to be maintained at a level consistent with the type of
highway.
(B) $12,500 per linear
mile for paved highways to be maintained at a level consistent with the type of
highway.
(C) $50,000 per linear
mile for any highway which the posting authority allows to be maintained below
a level consistent with the type of highway.
(ii)
Type 3 permits. $10,000
for each county or municipality covered by the permit.
(iii)
Schedule of bonding
amounts. The Department will from time to time, but not more often
than annually, publish 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; 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.
(i) 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.
(ii) The posting
authority may require the permittee to execute liens on real or personal
property, or both, as a condition for authorizing self-bonding.
(iii) In order to be considered for
self-bonding by the Department, 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 Department request for an
update.
(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
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 applicants. Paragraphs (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 a 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 posting authority and of the permittee or permittees
will make an onsite 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:
(i) Upon issuance
of any new permit.
(ii) From time
to time as the posting authority determines repairs may be required.
(iii) 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 highway specified in the permit, the representatives of the permittee
and the posting authority will make an onsite 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 costs. The inspection costs of the posting
authority shall be paid by the permittee or permittees. Inspection costs
related to a county wide or municipality wide-Type 3-permit will be paid solely
by the Type 3 permittee.
(g)
Administrative fee. The
Department will charge a $15 administrative fee for issuance of each Type 3
permit. Local authorities may charge an administrative fee of no more than $15
for issuance of each Type 3 permit.
This section cited in 67 Pa. Code §
189.2 (relating to definitions);
and 67 Pa. Code §
189.3 (relating to local
traffic).
