§ 190.3. Local traffic and Letters of Local Determination.

 (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.

Authority

   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.

Source

   The provisions of this §  190.3 amended December 4, 2015, effective December 5, 2015, 45 Pa.B. 6886. Immediately preceding text appears at serial pages (361460) to (361462).

Cross References

   This section cited in 67 Pa. Code §  190.5 (relating to revocation of Letter of Local Determination).



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