Pennsylvania Code
Title 67 - TRANSPORTATION
Part I - Department of Transportation
Subpart A - Vehicle Code Provisions
Article VII - Vehicle Characteristics
Chapter 190 - LETTER OF LOCAL DETERMINATION-STATEMENT OF POLICY
Section 190.3 - Local traffic and Letters of Local Determination
Universal Citation: 67 PA Code ยง 190.3
Current through Register Vol. 54, No. 44, November 2, 2024
(a) Self certification as local traffic. A hauling activity, but not hauling activity related to natural resource development, harvesting or extraction, going to or coming from a site, may be self-certified as local traffic if it meets the definition of "local traffic" in § 189.2 (relating to definitions), the provisions of § 189.3(c) (relating to local traffic) or as specifically provided in 75 Pa.C.S. § 4902 (relating to restrictions on use of highways and bridges).
(1) An application to the Department or
Letter of Local Determination is not necessary.
(2) If a completed application for a Letter
of Local Determination is submitted by the hauler, the Department may, at its
discretion, issue a Letter of Local Determination.
(3) Timber and coal local traffic routes are
limited to only delivery or pickup of:
(i)
Logs and other forest products on one or more posted highways required to
travel to or from a permanent forest product processing mill to or from the
nearest nonposted highway by the most direct route possible.
(ii) Coal on those posted roads required to
travel to or from a permanent coal reprocessing and preparation plant to or
from the nearest nonposted highway by the most direct route possible. Hauling
in excess of a posted weight limit related to delivery or pickup of coal to or
from permanent coal reprocessing and preparation plants may qualify as local
only when the permanent coal reprocessing and preparation plant is not on the
same posted highway as a site at which coal is
extracted.
(b) Criteria for local determination. A hauling activity may qualify for a Letter of Local Determination under the following circumstances:
(1)
At-risk industry sector.
(i) Hauling in excess of a posted weight
limit related to an at-risk industry as defined in Act 13 will qualify as
local:
(A) On highways bonded by
unconventional oil and gas development companies.
(B) Upon submission of a completed
application for a Letter of Local Determination.
(C) Provided that existing excess maintenance
agreements and permits held by the requesting hauler for the requested highways
are closed out in accordance with the terms of the excess maintenance
agreement. The excess maintenance agreement and permits will not be closed out
until repairs and final inspections are completed.
(ii) Hauling in excess of a posted weight
limit related to an at-risk industry as defined in Act 13 which is not for
highways bonded by unconventional oil and gas development companies may, at the
Department's discretion, qualify as local upon the submission and review of a
completed application for a Letter of Local Determination in accordance with
subsection (d).
(2)
De minimis operations. Hauling activity may qualify as local
if all of the following apply:
(i) It cannot
be self-certified under subsection (a).
(ii) It is not related to an at-risk industry
as defined in Act 13.
(iii) The
Department, upon the submission and review of a completed application for a
Letter of Local Determination, determines the scale of hauling activity and
nature of the business is not likely to cause damage to the highway requested
in the application based on all of the following:
(A) The type and amount of hauling
activity.
(B) The structure of the
requested highway.
(C) The
availability and suitability of alternate highways in the region.
(3)
Unconventional oil and gas industry.
(i) Hauling related to unconventional oil and
gas development as defined in this chapter does not qualify for a Letter of
Local Determination.
(ii) Hauling
related to unconventional oil and gas industries may qualify for a Letter of
Local Determination if, upon the submission and review of a completed
application, the Department determines that:
(A) The hauling is not related to
unconventional oil and gas development.
(B) The scale of the hauling activity is not
likely to cause damage to the highway specified in the application based on the
structure of the requested highway and the availability and suitability of
alternate highways in the region.
(c) Application for Letter of Local Determination. A completed application for a Letter of Local Determination must contain the following information:
(1) The type of business and industry sector
code.
(2) The type and weight of
vehicle.
(3) A list of the roads
(State highways by segments and offsets or intersecting roads) to be used on
the hauling highway.
(4) The number
and frequency of trips per day, week and month.
(5) The time of year and dates and duration
of expected hauling.
(6) Other
evidence showing that the hauler is engaged in hauling for an at-risk industry
for the duration of the hauling.
(7) Other information the Department may
require.
(d) Review of application for Letter of Local Determination.
(1) In reviewing an application for a Letter
of Local Determination, the Department may consider various factors including
the following:
(i) Protection of the integrity
of the Commonwealth's highways.
(ii) The existing pavement strength,
including the condition, thickness and age.
(iii) The existing average daily truck
traffic.
(iv) The number and type
of expected additional over-posted-weight vehicles.
(v) The impact of the freeze-thaw cycle,
including whether hauling activities are planned during the calendar period
between approximately February 15th and April 15th during which times the
temperature results in changes (weakening) to the structural strength of the
road surface.
(vi) The total
expected loading and historical roadway performance.
(2) The Department will determine and
acknowledge receipt of the application as administratively complete if it
contains the necessary information and documents. If the application is not
administratively complete, the Department will return it to the applicant along
with a written statement of the specific information or documents required for
administrative completeness. Returned applications will be deemed denied if not
resubmitted within 15 days.
(3) The
Department will only evaluate the hauler's proposed highways based on the
available State highway network. Weight-restricted municipal highways will not
be evaluated by the Department. If the hauler's proposed highway includes a
weight-restricted municipal highway, the hauler shall contact the proper local
authority for permission to utilize that weight-restricted highway.
(e) Issuance of a Letter of Local Determination.
(1) The
scope of a Letter of Local Determination will be based on the vehicles,
highways and uses identified in the application.
(2) The Department may restrict the operation
of vehicles and hauling for which a Letter of Local Determination is issued by
time of day, date, location or use. Restrictions will be specified in the
Letter of Local Determination.
(3)
The term of a Letter of Local Determination will not be longer than 12 months
from the date of issuance.
(4)
Existing bonded permits held by the requesting hauler for the requested highway
must be closed out in accordance with the terms of the excess maintenance
agreement. The bonded permits will not be closed out until repairs and final
inspections are completed. Letters of Local Determination are not valid during
the freeze-thaw period. If desired, an excess maintenance agreement and or a
security bond may be retained for issuance of a bonded permit during
freeze-thaw periods or other restriction period.
The provisions of this §190.3 amended under section 7 of the act of February 14, 2012 (P. L. 87, No. 13), the act of November 25, 2013 (P. L. 974, No. 89) and the Vehicle Code, 75 Pa.C.S. §§ 4902 and 6103.
This section cited in 67 Pa. Code § 190.5 (relating to revocation of Letter of Local Determination).
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