Section
440.01 Load limits
440.02 Maximum width, height and length
440.03 Wheel protectors
440.04 Vehicles transporting explosives
440.05 Towing requirements; exception to size and weight restrictions
440.06 Loads dropping or leaking; tracking mud; removal required
440.07 Vehicles with spikes, lugs and chains
440.08 Occupying travel trailer, fifth wheel vehicle, or manufactured or mobile home while in motion
440.09 Route and load information
440.10 Shifting load; loose loads
440.11 Chauffeured limousines
440.99 Penalty
(a) State regulations.
(1) A. The municipality, with respect to highways under their jurisdiction, upon application in writing, shall issue a special regional heavy hauling permit authorizing the applicant to operate or move a vehicle or combination of vehicles as follows:
1. At a size or weight of vehicle or load exceeding the maximum specified in R.C. §§ 5577.01 to 5577.09, or otherwise not in conformity with R.C. §§ 4513.01 to 4513.37;
2. Upon any highway under the jurisdiction of the municipality except those highways with a condition insufficient to bear the weight of the vehicle or combination of vehicles as stated in the application; or
3. Issuance of a special regional heavy hauling permit is subject to the payment of a fee established by the municipality in accordance with this section.
B. In circumstances where a person is not eligible to receive a permit under division (a)(1)A. of this section, the municipality, with respect to highways under its jurisdiction, upon application in writing and for good cause shown, may issue a special permit in writing authorizing the applicant to operate or move a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum specified in R.C. §§ 5577.01 through 5577.09, or otherwise not in conformity with R.C. §§ 4513.01 through 4513.37, upon any highway under its jurisdiction.
(2) A. Notwithstanding R.C. §§ 715.22 and 723.01, the holder of a permit issued by the Director of Transportation under R.C. § 4513.34 may move the vehicle or combination of vehicles described in the permit on any highway that is a part of the state highway system when the movement is partly within and partly without the corporate limits of the municipality. No local authority shall require any other permit or license or charge any license fee or other charge against the holder of a permit for the movement of a vehicle or combination of vehicles on any highway which is a part of the state highway system. The Ohio Director of Transportation shall not require the holder of a permit issued by the municipality to obtain a special permit for the movement of vehicles or combination of vehicles on highways within the jurisdiction of the municipality.
B. Except as provided in R.C. § 4513.34(B)(3), permits may be issued for any period of time not to exceed one year, as the local authority in its discretion determines advisable or for the duration of any public construction project.
(3) A. The application for a permit issued under this section shall be in the form that the municipality prescribes. The municipality may prescribe a permit fee to be imposed and collected when any permit described in this section is issued. The permit fee may be in an amount sufficient to reimburse the municipality for the administrative costs incurred in issuing the permit, and also to cover the cost of normal and expected damage caused to the roadway or a street or highway structure as the result of the operation of the nonconforming vehicle or combination of vehicles.
B. For the purposes of this section and of rules adopted by the Director under R.C. § 4513.34, milk transported in bulk by vehicle is deemed a nondivisible load.
C. For purposes of this section and of rules adopted by the Director under R.C. § 4513.34, three or fewer aluminum coils, transported by a vehicle, are deemed a nondivisible load. The Director shall adopt rules establishing requirements for an aluminum coil permit that are substantially similar to the requirements for a steel coil permit under O.A.C. Chapter 5501:2-1.
(4) The municipality shall issue a special regional heavy hauling permit under division (a)(1)A. of this section upon application and payment of the applicable fee. However, the municipality may issue or withhold a permit specified in division (a)(1)B. of this section. If a permit is to be issued, the municipality may limit or prescribe conditions of operation for the vehicle and may require the posting of a bond or other security conditioned upon the sufficiency of the permit fee to compensate for damage caused to the roadway or a street or highway structure. In addition, the municipality, as a condition of issuance of an overweight permit, may require the applicant to develop and enter into a mutual agreement with the municipality to compensate for or to repair excess damage caused to the roadway by travel under the permit.
(5) Every permit issued under this section shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any police officer or authorized agent of any authority granting the permit. No person shall violate any of the terms of a permit.
(6) The Director of Transportation may debar an applicant from applying for a special permit under this section upon a finding based on a reasonable belief that the applicant has done any of the actions specified in R.C. § 4513.34(F).
(7) Notice and procedures for debarment shall be as provided in R.C. § 4513.34(G).
(8) A. No person shall violate the terms of a permit issued under this section that relate to gross load limits.
B. No person shall violate the terms of a permit issued under this section that relate to axle load by more than 2,000 pounds per axle or group of axles.
C. No person shall violate the terms of a permit issued under this section that relate to an approved route except upon order of a law enforcement officer or authorized agent of the issuing authority.
(9) A permit issued by the municipality under this section for the operation of a vehicle or combination of vehicles is valid for the purposes of the vehicle operation in accordance with the conditions and limitations specified on the permit. Such a permit is voidable by law enforcement only for operation of a vehicle or combination of vehicles in violation of the weight, dimension, or route provisions of the permit. However, a permit is not voidable for operation in violation of a route provision of a permit if the operation is upon the order of a law enforcement officer.
(RC § 4513.34)
(b) Heavy-duty streets. No truck, trailer or semitrailer of any weight in excess of 20,000 pounds gross weight shall be moved on, along or over any street, road or thoroughfare within the municipality other than Lake Road (Routes 2 and 6) and Avon Belden Center Road (Route 83), Walker Road, Miller Road (south of Walker Road) and Moore Road (south of Walker Road).
(c) Other local streets.
(1) No person shall drive or operate a truck weighing five tons or more, including its load, upon any of the streets in the municipality, with the exception only of those areas designated in division (b) of this section, unless the journey of such truck originates or terminates upon such a municipal street for the purpose of picking up or making a delivery of a shipment or partial load.
(2) If the driver or operator of such a truck finds it necessary to drive or operate the truck on a municipal street because of one of the exceptions enumerated in division (c)(1) of this section, he or she shall use the shortest possible route to enter from and leave, from the closest available street designated in division (b) of this section.
(3) In order to notify truck drivers of the existence of this section, the Public Works Department shall post signs in proper places warning drivers of trucks as to the provisions of this section, but if, for any reason, there are no such signs posted or if such signs are posted and the same are removed, broken or destroyed, the absence of such signs shall not relieve any truck driver of the responsibility of complying with this section and shall not prevent the driver of such truck, if he or she does not comply with this section, from being found guilty of violating the same.
(d) Permits.
(1) The Police Department may, upon application in writing and for good cause shown, issue special permits authorizing the applicant to operate or move a vehicle, or combination of vehicles or other heavy equipment, exceeding the weight limits specified in divisions (b) and (c) of this section.
(2) Such permits may be issued for a single or round trip, or in special instances, for a certain period of time.
(3) The fees for such permits shall be as set forth in Chapter 208 of the Administration Code - the General Fee Schedule.
(4) The Department, with the advice and approval of the Municipal Engineer, may specify in such permits the conditions, times and routes under which the permittee is allowed to operate or move the vehicles or equipment.
(5) The Department may require a prior deposit of money or surety bond with the municipality to ensure payment of all expenses incident to the supervision and safeguarding of the movement of vehicles or equipment, and to ensure the payment of all damages resulting to public or private property by reason of the moving of vehicles and equipment.
(6) The Department may call upon the Municipal Engineer to determine the extent of possible damages and to determine the amount of deposit or bond to ensure payment of such possible damages.
(e) Penalty. Whoever violates this section shall be fined $80 for the first 2,000 pounds, or fraction thereof, of overload; for overloads in excess of 2,000 pounds, but not in excess of 5,000 pounds, such person shall be fined $100, and, in addition thereto, $1 per 100 pounds of overload; for overloads in excess of 5,000 pounds, but not in excess of 10,000 pounds, such person shall be fined $130 and, in addition thereto, $2 per 100 pounds of overload, or imprisoned not more than 30 days, or both; for all overloads in excess of 10,000 pounds, such person shall be fined $160, and, in addition thereto, $3 per 100 pounds of overload, or imprisoned not more than 30 days, or both. Whoever violates the weight provisions of vehicle and load relating to gross limits shall be fined not less than $100. No penalty prescribed in this division (e) shall be imposed in any vehicle combination if the overload on any axle does not exceed 1,000 pounds, and if the immediately preceding or following axle, except the front axle of the vehicle combination, is under loaded by the same or a greater amount. For purposes of this division (e), two axles on one vehicle less than eight feet apart shall be considered as one axle.
(Ord. 1233, passed 11-24-1958; Ord. 36-69, passed 4-14-1969; Ord. 120-92, passed 7-27-1992; Ord. 182-99, passed 10-4-1999; Ord. 114-2014, passed 9-8-2014)
(a) No vehicle shall be operated upon the public highways, streets, bridges and culverts within this municipality whose dimensions exceed those specified in this section.
(b) No such vehicle shall have a width:
(1) In excess of 104 inches for passenger bus type vehicles operated exclusively within the municipality.
(2) In excess of 102 inches, excluding such safety devices as are required by law, for passenger bus type vehicles operated over freeways, and other state roads with minimum pavement widths of 22 feet, except those roads or portions of roads over which operation of 102-inch buses is prohibited by order of the Director of Transportation.
(3) In excess of 132 inches for traction engines.
(4) In excess of 102 inches for recreational vehicles, excluding safety devices and retracted awnings and other appurtenances of six inches or less in width and except that the Director may prohibit the operation of 102-inch recreational vehicles on designated state highways or portions of highways.
(5) In excess of 102 inches, including load, for all other vehicles, except that the Director may prohibit the operation of 102-inch vehicles on the state highways or portions of state highways as the Director designates.
(c) No such vehicle shall have a length:
(1) In excess of 66 feet for passenger bus type vehicles and articulated passenger bus type vehicles operated by a regional transit authority pursuant to R.C. §§ 306.30 to 306.54.
(2) In excess of 45 feet for all other passenger bus type vehicles.
(3) In excess of 53 feet for any semitrailer when operated in a commercial tractor-semitrailer combination, with or without load, except that the Director may prohibit the operation of any such commercial tractor-semitrailer combination on the state highways or portions of state highways as the Director designates.
(4) In excess of 28.5 feet for any semitrailer or trailer when operated in a commercial tractor- semitrailer-trailer or commercial tractor-semitrailer-semitrailer combination, except that the Director may prohibit the operation of any such commercial tractor-semitrailer-trailer or commercial tractor-semitrailer-semitrailer combination on the state highways or portions of state highways as the Director designates.
(5) A. In excess of 97 feet for drive-away saddlemount vehicle transporter combinations and drive-away saddlemount with fullmount vehicle transporter combinations when operated on any interstate, United States route or state route, including reasonable access travel on all other roadways for a distance not to exceed one road mile from any interstate, United States route or state route, not to exceed three saddlemounted vehicles, but which may include one fullmount;
B. In excess of 75 feet for drive-away saddlemount vehicle transporter combinations and drive-away saddlemount with fullmount vehicle transporter combinations when operated on any roadway not designated as an interstate, United States route or state route, not to exceed three saddlemounted vehicles, but which may include one fullmount.
(6) In excess of 65 feet for any other combination of vehicles coupled together, with or without load, except as provided in division (c)(3) and (c)(4), and in division (e) below.
(7) In excess of 45 feet for recreational vehicles.
(8) In excess of 50 feet for all other vehicles, except trailers and semitrailers, with or without load.
(d) No such vehicle shall have a height in excess of 13.5 feet, with or without load.
(e) An automobile transporter or boat transporter shall be allowed a length of 65 feet, and a stinger- steered automobile transporter or stinger-steered boat transporter shall be allowed a length of 75 feet, except that the load thereon may extend no more than four feet beyond the rear of such vehicles and may extend no more than three feet beyond the front of the vehicles, and except further that the Director may prohibit the operation of a stinger-steered automobile transporter, stinger-steered boat transporter, or a B- train assembly on any state highway or portion of any state highway that the Director designates.
(f) (1) The widths prescribed in division (b) of this section shall not include side mirrors, turn signal lamps, marker lamps, handholds for cab entry and egress, flexible fender extensions, mud flaps, splash and spray suppressant devices, and load-induced tire bulge.
(2) The widths prescribed in division (b)(5) of this section shall not include automatic covering devices, tarp and tarp hardware, and tiedown assemblies, provided these safety devices do not extend more than three inches from either side of the vehicle.
(3) The lengths prescribed in divisions (c)(2) to (c)(7) shall not include safety devices, bumpers attached to the front or rear of the bus or combination, non-property carrying devices or components that do not extend more than 24 inches beyond the rear of the vehicle and are needed for loading or unloading, B-train assembly used between the first and second semitrailer of a commercial tractor-semitrailer-semitrailer combination, energy conservation devices as provided in any regulations adopted by the Secretary of the United States Department of Transportation, or any noncargo-carrying refrigerator equipment attached to the front of trailers and semitrailers. In special cases, vehicles that dimensions exceed those prescribed by this section may operate in accordance with rules adopted by the Director.
(g) (1) This section does not apply to fire engines, fire trucks or other vehicles or apparatus belonging to the municipality or to the volunteer fire department thereof or used by that department in the discharge of its functions. This section does not apply to vehicles and pole trailers used in the transportation of wooden and metal poles, nor to the transportation of pipes or well-drilling equipment, nor to farm machinery and equipment.
(2) The owner or operator of any vehicle, machinery or equipment not specifically enumerated in this section but the dimensions of which exceed the dimensions provided by this section, when operating the same on the highways and streets of the municipality, shall comply with the rules of the Director governing such movement. Any person adversely affected shall have the same right of appeal as provided in R.C. Chapter 119.
(3) This section does not require the municipality or any railroad or other private corporation to provide sufficient vertical clearance to permit the operation of the vehicle, or to make any changes in or about existing structures now crossing streets, roads and other public thoroughfares.
(h) As used in this section, “recreational vehicle” has the same meaning as in R.C. § 4501.01.
(R.C. § 5577.05)
(i) No person shall violate any rule or regulation promulgated by the Director of Transportation in accordance with R.C. § 5577.05.
(R.C. § 5577.06)
(j) Whoever violates this section is guilty of a minor misdemeanor on a first offense; on a second or subsequent offense, the person is guilty of a misdemeanor of the fourth degree.
(R.C. § 5577.99(C))
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