Section 4962 - Conditions of permits and security for damages

75 PA Cons Stat § 4962 (2019) (N/A)
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(a) General rule.--Permits may be conditioned by limiting the number of trips or by establishing seasonal or other time limitations or geographic limitations including limitations as to prescribed highways or by otherwise limiting or prescribing conditions of operation under the permit as the department or local authorities shall deem necessary to protect the safety of highway users, to promote the efficient movement of traffic or to protect the highways. The department or local authorities may require such undertaking or security as they deem necessary to compensate for any damage to any highway or structure or appurtenance.

(b) Display of permit.--Every permit shall be carried in the towing vehicle and shall be open to inspection by any police officer or authorized agent of the issuing agency or any person having an accident involving a permitted vehicle or combination.

(c) Revocation of permit.--A permit shall be revocable for cause and shall be subject to summary confiscation or invalidation as provided by departmental regulations.

(d) Special escort services.--The department or local authorities shall specify what movements require special escort services of the Pennsylvania State Police, local police or department personnel as determined under section 4901(c)(2) (relating to scope and application of chapter).

(e) Liability of permittee for damage.--The permittee shall be liable for all damage to any highway structure or appurtenance sustained as a result of operating or moving under the permit.

(f) When loads permitted.--Only vehicles and combinations permitted under the following provisions shall be authorized to carry or haul loads while operating under the permit:

Section 4961(a)(2), (3) and (6) (relating to authority to issue permits).

Section 4965 (relating to single permits for multiple highway crossings).

Section 4968 (relating to permit for movement during course of manufacture).

Section 4974 (relating to permit for movement of containerized cargo).

Section 4975 (relating to permit for movement of special mobile equipment).

Section 4976 (relating to permit for movement of domestic animal feed).

Section 4976.1 (relating to permit for movement of live domestic animals).

Section 4976.2 (relating to permit for movement of eggs).

Section 4977 (relating to permit for movement of wooden structures).

Section 4978 (relating to permit for movement of building structural components).

Section 4979 (relating to permit for movement of particleboard or fiberboard used in the manufacture of ready-to-assemble furniture).

Section 4979.1 (relating to permit for movement of bulk refined oil).

Section 4979.2 (relating to permit for movement of waste coal and beneficial combustion ash).

Section 4979.3 (relating to permit for movement of float glass or flat glass for use in construction and other end uses).

Section 4979.4 (relating to permit for movement of self-propelled cranes).

Section 4979.5 (relating to permit for movement of nonhazardous liquid glue).

Section 4979.6 (relating to permit for movement of waste tires).

(f.1) Authorized travel periods.--A permitted vehicle, combination or load which does not exceed 135,000 pounds gross weight and which does not exceed 10 feet in width or any height or length limitation under Subchapter B (relating to width, height and length) may be driven, hauled or towed 24 hours a day, seven days a week, if the vehicle or combination is operated at prevailing speeds. Movement under this subsection is not authorized during inclement weather, as defined in department regulations.

(1) (Deleted by amendment).

(2) (Deleted by amendment).

(f.2) One pilot car.--Vehicles greater than 13 feet but not greater than 14 feet in body width, even if the total length of the vehicle or combination, including the load on the combination, exceeds 90 feet but is not in excess of 120 feet, shall only be required to maintain one pilot car. The position of the pilot car to the front or rear of the permitted vehicle may be determined by the department.

(f.3) Additional authorized travel periods.--Except as otherwise provided under this title, a permitted vehicle, combination or load which is oversized (over-length, over-width or over-height), overweight or both oversized and overweight may operate under a permit from sunrise to sunset every day of the week, except as follows:

(1) During a holiday period specified in department regulations or in the permit.

(2) During inclement weather as defined in department regulations.

(3) In urbanized areas as specified in department regulations or the permit.

(4) As restricted by the permit.

(f.4) Travel restriction.--A permitted oversized vehicle may not travel within 1,000 feet of another permitted oversized vehicle traveling in the same direction, unless the vehicle is one of the following:

(1) A military vehicle.

(2) A vehicle traveling in a construction zone.

(3) A vehicle traveling within 2,500 feet of a stop sign, traffic light or any other traffic control signal or event that would cause either vehicle to come to a stop.

(f.5) Transport.--Notwithstanding the provisions of this title to the contrary, a permit issued under section 4961 or 4973 (relating to permits for movement of a mobile home, a manufactured home or a modular housing unit and modular housing undercarriage) for the movement of manufactured homes, modular homes, mobile homes, manufactured construction units or modular housing undercarriages shall permit the transport of multiple sections of homes, units or undercarriages or any and all components needed or used to assemble the homes, units or undercarriages, including, but not limited to, shingles, dormers, trusses and gable end walls, provided that the multiple sections and components do not cause the overall weight to exceed 80,000 pounds or exceed the width, length or height limitations set forth in the permit.

(f.6) One certified escort vehicle.--

(1) A super load, as defined in section 3108(c) (relating to drivers of certified escort vehicles), shall be required to maintain one certified escort vehicle under section 4573(b) (relating to identification of certain vehicles) unless otherwise determined under section 4901(c) that an additional certified escort vehicle or a Pennsylvania State Police escort is necessary.

(2) The requirements of this subsection are in addition to, not in lieu of, all other pilot car requirements for the super load movement.

(g) Penalty.--Any person who operates or moves or attempts to operate or move an oversize or overweight vehicle, combination or load under an altered, forged or counterfeited permit, in addition to any other violation prohibited by this title, commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $5,000 for each violation.

(July 11, 1985, P.L.204, No.52, eff. 90 days; July 1, 1989, P.L.115, No.24, eff. 60 days; May 20, 1993, P.L.30, No.10, eff. 60 days; Dec. 7, 1994, P.L.820, No.115, eff. imd.; Dec. 28, 1994, P.L.1450, No.172, eff. 60 days; July 6, 1995, P.L.315, No.48, eff. 60 days; Dec. 20, 1995, P.L.669, No.75, eff. 60 days; Feb. 23, 1996, P.L.21, No.8, eff. 60 days; July 11, 1996, P.L.660, No.115; Dec. 21, 1998, P.L.1126, No.151, eff. 60 days; June 25, 1999, P.L.164, No.23, eff. 60 days; July 14, 2005, P.L.285, No.50, eff. 60 days; July 16, 2007, P.L.106, No.33, eff. 60 days; Oct. 19, 2010, P.L.557, No.81, eff. 60 days; Oct. 24, 2012, P.L.1473, No.187, eff. 60 days; Nov. 25, 2013, P.L.974, No.89, eff. 60 days; Mar. 19, 2014, P.L.361, No.23, eff. imd.; June 30, 2014, P.L.814, No.85, eff. 60 days; Oct. 30, 2015, P.L.216, No.55, eff. 60 days; July 20, 2017, P.L.318, No.24, eff. 60 days)

2017 Amendment. Act 24 amended subsec. (f.1).

2015 Amendment. Act 55 amended subsec. (d) and added subsec. (f.6).

2014 Amendments. Act 23 amended subsec. (f.3) intro. par. and Act 85 amended subsec. (f.2) and added subsecs. (f.4) and (f.5).

2013 Amendment. See the preamble to Act 89 in the appendix to this title for special provisions relating to legislative findings and declarations.

2012 Amendment. Act 187 amended subsec. (f).

2010 Amendment. The preamble of Act 81 provided that Act 81 may be referred to as the Sgt. Michael C. Weigand Law.

1994 Amendments. Act 115 amended subsec. (c) and added subsec. (g) and Act 172 amended subsec. (c) and added subsec. (g). The amendments by Acts 115 and 172 are identical and therefore have been merged.

Cross References. Section 4962 is referred to in sections 1302, 1946, 4973 of this title.