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CHAPTER 179. OVERSIZE AND OVERWEIGHT LOADS
AND VEHICLESSec.
179.1. Definitions.
179.2. Purpose.
179.3. Permit requirement.
179.4. Registration; surety bond and registration agreement.
179.5. Issuance of registration agreement.
179.6. Revocation of registration.
179.7. Indemnification, insurance and security.
179.8. Permit application procedure.
179.9. Issuance of permits.
179.10. General conditions.
179.11. Special vehicleload restrictions.
179.12. Emergency movements.
179.13. Permit services.
179.14. Single-trip special hauling book permits for oversize movements.
179.15. Telecommunications vendor services.
179.15a. Seasonal/annual permits.
179.15b. [Reserved].
179.16. Penalties and enforcement.
179.17. [Reserved].
179.18. Sanctions for violations.Authority The provisions of this Chapter 179 issued under the Vehicle Code, 75 Pa.C.S. § § 4962 and 6103, unless otherwise noted.
Source The provisions of this Chapter 179 adopted June 4, 1976, effective June 5, 1976, 6 Pa.B. 1287; renumbered May 9, 1980, 10 Pa.B. 1918; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5364, unless otherwise noted.
Cross References The provisions of this § 179.1 adopted June 4, 1976, effective June 5, 1976, 6 Pa.B. 1287; amended August 5, 1977, effective August 6, 1977, 7 Pa.B. 2192; amended May 26, 1978, effective May 27, 1978, 8 Pa.B. 1471; amended April 25, 1980, effective May 1, 1980, 10 Pa.B. 1686; renumbered May 16, 1981, 11 Pa.B. 1678; amended January 20, 1984, effective March 21, 1984, 14 Pa.B. 224; amended October 11, 1985, effective October 12, 1985, 15 Pa.B. 3654; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5364; amended May 14, 1993, effective August 13, 1993, 23 Pa.B. 2334; amended September 2, 2011, effective September 3, 2011, 41 Pa.B. 4772. Immediately preceding text appears at serial pages (229727) to (229731).
§ 179.2. Purpose.
It is in the public interest and promotes the public welfare to regulate the use of State highways for the purpose of moving mobile homes, oversize or overweight vehicles, and combinations of vehicles, including the loads carried thereon, in order to preserve the safety of the users of Commonwealth highways; to facilitate the movement of mobile homes, oversize or overweight vehicles, and combinations of vehicles, as well as the movement of traffic, generally; to protect the structural integrity of the highway and bridge system; and to encourage the economic growth of commerce and industry in the Commonwealth without the necessity of constant supervision by Department employes, police and local officials. Nothing contained in this chapter is intended to relax existing safety requirements.
Source The provisions of this § 179.2 adopted June 4, 1976, effective June 5, 1976, 6 Pa.B. 1287; amended August 5, 1977, effective August 6, 1977, 7 Pa.B. 2192; renumbered May 16, 1981, 11 Pa.B. 1678; amended January 20, 1984, effective March 21, 1984, 14 Pa.B. 224; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5364. Immediately preceding text appears at serial page (103499).
§ 179.3. Permit requirement.
A permit is required for movement on a Commonwealth highway of a mobile home, oversize or overweight vehicle, or combination of vehicles, including the load or loads carried thereon, and as otherwise provided in Chapter 49 of the act (relating to size, weight and load).
Source The provisions of this § 179.3 adopted June 4, 1976, effective June 5, 1976, 6 Pa.B. 1287; amended August 5, 1977, effective August 6, 1977, 7 Pa.B. 2192; renumbered May 16, 1981, 11 Pa.B. 1678; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5364. Immediately preceding text appears at serial page (103499).
§ 179.4. Registration; surety bond and registration agreement.
An applicant for a permit may register with the central permit office by filing a registration agreement for special hauling permits, Form M-936RA, and a surety bond, Form M-936B, in the amount of at least $2,000, or at least $5,000 if the applicant participates in the permit monthly billing system, or an amount in excess thereof as required by the central permit office. The bond shall be issued by a corporate surety approved by the Insurance Department, and shall guarantee to the Commonwealth, the payment of fees and expenses incident to the issuance of a permit.
(1) Except in the case of a permit service:
(i) The name of the applicant shall be identical on the registration agreement and surety bond and on a permit issued thereunder.
(ii) A person desiring permits to be issued in more than one name shall register separately under each name and file separate registration agreements and surety bonds.
(2) A registration agreement and a surety bond shall be valid until the central permit office acknowledges, in writing, the cancellation of the registration agreement or surety bond.
(3) A person shall first have been registered by the Department under § 179.5 (relating to issuance of registration agreement), to be eligible to apply for or to obtain a permit by telefacsimile or another wire method approved by the Department. Otherwise, the application shall be made in person or by mail, accompanied by a certified check or money order.
Source The provisions of this § 179.4 adopted June 4, 1976, effective June 5, 1976, 6 Pa.B. 1287; amended April 25, 1980, effective May 1, 1980, 10 Pa.B. 1686; renumbered May 16, 1981, 11 Pa.B. 1678; amended January 20, 1984, effective March 21, 1984, 14 Pa.B. 224; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5364; amended May 14, 1993, effective August 13, 1993, 23 Pa.B. 2334. Immediately preceding text appears at serial pages (133017) to (133018).
Cross References This section cited in 67 Pa. Code § 179.1 (relating to definitions); 67 Pa. Code § 179.5 (relating to issuance of registration agreement); and 67 Pa. Code § 179.13 (relating to permit services).
§ 179.5. Issuance of registration agreement.
Every person who complies with § 179.4 (relating to registration; surety bond and registration agreement) shall be deemed to be a registered applicant and shall receive from the central permit office a registration agreement upon which shall appear:
(1) The account number, which shall be used when applying for permits.
(2) The name and address of the registered person.
Source The provisions of this § 179.5 adopted June 4, 1976, effective June 5, 1976, 6 Pa.B. 1287; renumbered May 16, 1981, 11 Pa.B. 1678; amended January 20, 1984, effective March 21, 1984, 14 Pa.B. 224; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5364; amended May 14, 1993, effective August 13, 1993, 23 Pa.B. 2334. Immediately preceding text appears at serial pages (133018) to (133019).
Cross References This section cited in 67 Pa. Code § 179.4 (relating to registration; surety bond and registration agreement); and 67 Pa. Code § 179.16 (relating to penalties and enforcement).
§ 179.6. Revocation of registration.
Registration will be revoked automatically upon written acknowledgment by the central permit office of cancellation of the surety bond or registration agreement, or for just cause, as determined by the Secretary.
Source The provisions of this § 179.6 adopted June 4, 1976, effective June 5, 1976, 6 Pa.B. 1287; renumbered May 16, 1981, 11 Pa.B. 1678; amended January 20, 1984, effective March 21, 1984, 14 Pa.B. 224; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5364; amended May 14, 1993, effective August 13, 1993, 23 Pa.B. 2334. Immediately preceding text appears at serial page (133019).
Cross References The provisions of this § 179.7 adopted June 4, 1976, effective June 5, 1976, 6 Pa.B. 1287; amended August 5, 1977, effective August 6, 1977, 7 Pa.B. 2192; amended April 25, 1980, effective July 1, 1980, 10 Pa.B. 1686; renumbered May 16, 1981, 11 Pa.B. 1678; amended January 20, 1984, effective March 21, 1984, 14 Pa.B. 224; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5364; amended May 14, 1993, effective August 13, 1993, 23 Pa.B. 2334. Immediately preceding text appears at serial page (133019).
Cross References The provisions of this § 179.8 adopted June 4, 1976, effective June 5, 1976, 6 Pa.B. 1287; amended August 5, 1977, effective August 6, 1977, 7 Pa.B. 2192; amended May 26, 1978, effective May 27, 1978, 8 Pa.B. 1471; amended April 25, 1980, effective May 1, 1980, 10 Pa.B. 1686; renumbered May 16, 1981, 11 Pa.B. 1678; amended January 20, 1984, effective March 21, 1984, 14 Pa.B. 224; amended October 11, 1985, effective October 12, 1985, 15 Pa.B. 3654; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5364; amended May 14, 1993, effective August 13, 1993, 23 Pa.B. 2334; amended September 2, 2011, effective September 3, 2011, 41 Pa.B. 4772. Immediately preceding text appears at serial pages (229736) to (229742).
Cross References The provisions of this § 179.9 adopted June 4, 1976, effective June 5, 1976, 6 Pa.B. 1287; amended August 5, 1977, effective August 6, 1977, 7 Pa.B. 2192; amended April 25, 1980, effective May 1, 1980, 10 Pa.B. 1686; renumbered May 16, 1981, 11 Pa.B. 1678; amended August 20, 1982, effective August 21, 1982, 12 Pa.B. 2798; amended January 20, 1984, effective March 21, 1984, 14 Pa.B. 224; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5364; amended May 14, 1993, effective August 13, 1993, 23 Pa.B. 2334. Immediately preceding text appears at serial pages (133027) to (133028).
Cross References The provisions of this § 179.10 adopted June 4, 1976, effective June 5, 1976, 6 Pa.B. 1287; amended August 5, 1977, effective August 6, 1977, 7 Pa.B. 2192; amended April 25, 1980, effective May 1, 1980, 10 Pa.B. 1686; corrected May 9, 1980, effective May 1, 1980, 10 Pa.B. 1918; renumbered May 9, 1980, 10 Pa.B. 1918; amended January 20, 1984, effective March 21, 1984, 14 Pa.B. 224; amended October 11, 1985, effective October 12, 1985, 15 Pa.B. 3654; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5364; amended May 14, 1993, effective August 13, 1993, except that paragraphs (15) and (20) are effective May 16, 1994, 23 Pa.B. 2334. Immediately preceding text appears at serial pages (133028) to (133032).
Notes of Decisions Invalidation of Permit
Promulgation of a provision which operates to automatically invalidate a special permit for carrying weight in excess of maximum legal weight is not invalid, insofar as the Department of Transportation is authorized to prescribe conditions of permits and has the regulatory authority to confiscate permits when the holder is operating in violation of issued permits. Commonwealth v. Pollock, 606 A.2d 500 (Pa. Super 1992); appeal denied 619 A.2d 700 (Pa. 1993).
The Commonwealth may consider a special hauling permit void ab initio where a driver violates one of several conditions of the permit. Department of Transportation v. Wasko, 704 A.2d 1104 (Pa. Super. 1998).
Penalty for Violation of Permit
The automatic invalidation of an overweight permit by violation of the regulation in paragraph (8) is a penalty in and of itself and does not trigger all the penalties under the regulations, such as fines for being overweight. Commonwealth v. Austin, 459 A.2d 336 (Pa. 1983).
The Department of Transportation has the regulatory authority to confiscate permits when the holder is operating in violation of issued permits; confiscation is consistent with the legislative intent to protect the safety of highway users, promote efficient movement of traffic and protect the highways. Commonwealth v. Pollock, 606 A.2d 500 (Pa. Super. 1992).
The Department has the regulatory authority to confiscate permits when the holder is operating in violation of issued permits. Commonwealth v. Pollock, 606 A.2d 500 (Pa. Super. 1992).
The automatic invalidation of an overweight permit by violation of the safety regulations of 67 Pa. Code § 179.10(8) is a penalty in and of itself and does not trigger all the penalties under the regulations, such as fines for being overweight. Commonwealth v. Austin, 459 A.2d 336 (Pa. 1983).
Promulgation of a provision which operates to automatically invalidate a special permit for carrying weight in excess of maximum legal weight is not invalid, insofar as the Department of Transportation is authorized to prescribe conditions of operations under such permits which it deems necessary to protect the safety of highway users, to promote the efficient movement of traffic, or to protect the highways. Austin v. Commonwealth, 442 A.2d 832 (Pa. Cmwlth. 1982).
Cross References The provisions of this § 179.11 adopted June 4, 1976, effective June 5, 1976, 6 Pa.B. 1287; amended August 5, 1977, effective August 6, 1977, 7 Pa.B. 2192; renumbered May 16, 1981, 11 Pa.B. 1678; amended January 20, 1984, effective March 21, 1984, 14 Pa.B. 224; amended October 11, 1985, effective October 12, 1985, 15 Pa.B. 3654; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5364; amended May 14, 1993, effective August 13, 1993, 23 Pa.B. 2334. Immediately preceding text appears at serial pages (175744) to (175745).
Cross References The provisions of this § 179.12 adopted June 4, 1976, effective June 5, 1976, 6 Pa.B. 1287; amended August 5, 1977, effective August 6, 1977, 7 Pa.B. 2192; amended May 26, 1978, effective May 27, 1978, 8 Pa.B. 1471; renumbered May 16, 1981; amended January 20, 1984, effective March 21, 1984, 14 Pa.B. 224; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5364; amended May 14, 1993, effective August 13, 1993, 23 Pa.B. 2334. Immediately preceding text appears at serial pages (175745) to (175746).
Cross References The provisions of this § 179.14 adopted June 4, 1976, effective June 5, 1976, 6 Pa.B. 1287; amended August 5, 1977, effective August 6, 1977, 7 Pa.B. 2192; amended April 25, 1980, effective May 1, 1980, 10 Pa.B. 1686; renumbered May 16, 1981, 11 Pa.B. 1678; amended January 20, 1984, effective March 21, 1984, 14 Pa.B. 224; amended October 11, 1985, effective October 12, 1985, 15 Pa.B. 3654; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5364; amended May 14, 1993, effective August 13, 1993, 23 Pa.B. 2334. Immediately preceding text appears at serial pages (175747) to (175748).
Cross References The provisions of this § 179.15 adopted June 4, 1976, effective June 5, 1976, 6 Pa.B. 1287; amended August 5, 1977, effective August 6, 1977, 7 Pa.B. 2192; amended May 26, 1978, effective May 27, 1978, 8 Pa.B. 1471; amended April 25, 1980, 10 Pa.B. 1686; renumbered May 16, 1981, 11 Pa.B. 1678; amended January 20, 1984, effective March 21, 1984, 14 Pa.B. 224; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5364; amended May 14, 1993, effective August 13, 1993, 23 Pa.B. 2334; amended September 2, 2011, effective September 3, 2011, 41 Pa.B. 4772. Immediately preceding text appears at serial pages (229756) to (229758).
§ 179.15a. Seasonal/annual permits.
(a) Construction truck permits. In accordance with section 4970(b) of the act (relating to permit for movement of construction equipment), an annual permit may be issued for certain construction trucks to exceed the maximum gross weight established in section 4941(c) of the act (relating to maximum gross weight of vehicles) and the maximum axle weights established in section 4943(a) of the act (relating to maximum axle weight of vehicles), subject to the requirements of this subsection.
(1) Permit limitations. A permit will only be issued to a construction truck which:
(i) Is engaged in construction operations.
(ii) Was registered in this Commonwealth or another state on October 10, 1980.
(iii) Is registered at a gross weight of 73,280 pounds if a four-axle truck.
(2) Authorization of travel. A permit issued to a construction truck will authorize travel on any State highway in the counties listed in the permit, including bridges on those highways, except:
(i) On a highway not under the jurisdiction of the Department.
(ii) On an Interstate highway.
(iii) On a posted highway or bridge.
(iv) On a highway or portion of highway or on a bridge specifically prohibited in the permit.
(v) With a gross weight in excess of 68,000 pounds on a three-axle truck.
(vi) With a gross weight in excess of 73,280 pounds on a four-axle truck.
(vii) With tandem axle weights on a four-axle truck in excess of 21,400 pounds per individual axle or 60,000 pounds for a group of three-tandem axles.
(viii) With tandem axle weights on a three-axle truck in excess of 26,000 pounds per individual axle.
(ix) With a weight on an axle in excess of the rated axle capacity of the manufacturer.
(3) Submission of application. Each applicant for an annual construction truck permit shall submit to the Central Permit Office, at least 30 days in advance of the permit, the following:
(i) Application forms M-936A and M-936AS for each construction truck, containing the following additional information:
(A) The county for which the construction truck permit is desired.
(B) The type of load to be hauled.
(C) The maximum gross weight and axle weights that the construction truck will carry when moving upon the highway.
(D) The rated axle capacities of the manufacturer.
(E) The trucks current registration class.
(F) The vehicle identification number (VIN).
(ii) Upon review and approval of each application, the Central Permit Office will advise the applicant of the check amount that is required:
(A) To cover the $50 permit fee.
(B) To cover the difference between each three-axle trucks current registration class fee and the fee for the registration class within which the construction truck will be authorized to operate by the permit.
(b) Special mobile equipment permits.
(1) An annual Special Mobile Equipment (S.M.E.) permit may be issued to a vehicle registered as special mobile equipment, authorizing movement upon highways in accordance with this section.
(2) An S.M.E. permit will authorize special mobile equipment to operate with individual axle weights up to 21,400 pounds, if the following conditions are met:
(i) The vehicles length, width or height does not exceed the maximum limits specified in sections 49214925 of the act (relating to width, height and length).
(ii) The vehicles gross weight does not exceed 73,280 pounds.
(iii) None of the vehicles axle weights exceed the manufacturers rated axle capacity.
(3) Applicants for an S.M.E. permit shall submit a properly completed application (Form M-936A) and supplemental application (Form M-936AS) to the district office of the Department with a certified check or money order in the appropriate amount.
(4) An S.M.E. permit may not authorize travel on any of the following:
(i) A highway not under the jurisdiction of the Department.
(ii) A posted highway or bridge.
(5) An S.M.E. permit may also be issued under this subsection to an unloaded motor vehicle having weights and sizes which do not exceed the limits under this subsection but which do not otherwise qualify for registration as S.M.E.
(c) Implement of husbandry permits. A seasonal permit may be issued for certain implements of husbandry, to operate from sunrise to sunset, as follows:
(1) A 90-day permit may be issued for an implement of husbandry which does not exceed 10 feet in width, authorizing movement along limited access highways, provided the permitted vehicle maintains a minimum speed of 40 miles per hour.
(2) A 90-day permit may be issued for an implement of husbandry wider than 174 inches but not exceeding 16 feet in width, authorizing movement upon State highways, other than limited access highways.
(d) Military vehicle permits. A free 30-day permit may be issued to the Department of the Army, authorizing nondivisible oversize or overweight movement by a military vehicle convoy upon specified Interstate and State highways.
(e) Governmental vehicle permits. A free annual permit may be issued to a vehicle owned by a governmental entity, authorizing nondivisible oversize or overweight movement upon State highways.
Source The provisions of this § 179.15a adopted March 6, 1981, effective March 7, 1981, 11 Pa.B. 811; corrected May 20, 1983, effective July 11, 1981, 13 Pa.B. 1721; amended January 20, 1984, effective March 21, 1984, 14 Pa.B. 224; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5364; amended May 14, 1993, effective August 13, 1993, 23 Pa.B. 2334. Immediately preceding text appears at serial pages (133040) to (133042).
Cross References This section cited in 67 Pa. Code § 179.9 (relating to issuance of permits).
§ 179.15b. [Reserved].
Source The provisions of this § 179.16 adopted August 5, 1977, effective August 6, 1977, 7 Pa.B. 2192; amended April 25, 1980, effective May 1, 1980, 10 Pa.B. 1686; renumbered May 16, 1981, 11 Pa.B. 1678; amended January 20, 1984, effective March 21, 1984, 14 Pa.B. 224; readopted December 2, 1988, effective December 3, 1988, 18 Pa.B. 5364. Immediately preceding text appears at serial pages (125309) to (125310).
Notes of Decisions The fines assessed under the Vehicle Code for operating overweight vehicles without a permit were not proper when special permits had been obtained. Commonwealth v. J. F. Lomma, Inc., 590 A.2d 342 (Pa. Super. 1991).
Where a party has an overweight permit authorizing the party to haul overweight loads over a specific route, a penalty imposed on that partys hauling of an overweight load over an unauthorized route shall be imposed under 75 Pa.C.S. § 4945, not under 75 Pa.C.S. § 4907. Commonwealth v. Liver, 520 A.2d 56 (Pa. Super. 1987).
An initial administrative review by the Department of Transportation is not required under this section, which clearly states that the violation of any regulation under the Vehicle Code would invalidate the special permit and constitute grounds for prosecution. Austin v. Commonwealth, 442 A.2d 832 (Pa. Cmwlth. 1982). Vacated on other grounds see 459 A.2d 336 (Pa. 1983).
Cross References This section cited in 67 Pa. Code § 179.1 (relating to definitions); and 67 Pa. Code § 179.14 (relating to single-trip special hauling book permits for oversize movements).
§ 179.17. [Reserved].
Source The provisions of this § 179.18 adopted May 14, 1993, effective August 13, 1993, 23 Pa.B. 2334.
Cross References This section cited in 67 Pa. Code § 179.1 (relating to definitions); and 67 Pa. Code § 179.14 (relating to single-trip special hauling book permits for oversize movements).
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