439.01 Oversize or Overweight Vehicle Operation on State Routes; State Permit
439.02 Permits for Overweight and/or Oversize Vehicles, Objects and Structures
439.021 Categories of Permits for Overweight and/or Oversize Moves; Permit Fees
439.03 Weight of Vehicle and Load; Truck Routes
439.04 Operation of Commercial Units upon Through Streets
439.05 Following Distance for Trucks
439.06 Slow-Moving Vehicles or Equipment Crossing Railroad Tracks
439.07 Maximum Width, Height and Length
439.08 Route and Load Information
439.09 Wheel Protectors
439.10 Towing Requirements
439.11 Loads Dropping or Leaking; Removal Required; Tracking Mud
439.12 Shifting Load; Loose Loads
439.13 Vehicles with Spikes, Lugs and Chains
439.14 Use of Studded Tires and Chains
439.15 Permitting or Driving While Fatigued or Ill Prohibited
439.16 Reserved
439.99 Penalties – Repealed
Cross-reference:
Bus stops regulated, CO 451.18
Impounding commercial vehicles, CO 405.08
Parking commercial vehicles in residential districts, CO 349.13
Parking trucks and commercial vehicles, CO 451.21
Raw rendering material transportation, CO 221.03
Safety lighting, CO 437.06
Slow-moving vehicle lights and emblem, CO 437.10, 437.15
Slower moving vehicles to be driven in right-hand lane, CO 431.06
Truck loads causing litter, CO 613.07
Truck zones, CO 451.20
Bus stops regulated, CO 451.18
Impounding commercial vehicles, CO 405.08
Parking commercial vehicles in residential districts, CO 349.13
Parking trucks and commercial vehicles, CO 451.21
Raw rendering material transportation, CO 221.03
Safety lighting, CO 437.06
Slow-moving vehicle lights and emblem, CO 437.10, 437.15
Slower moving vehicles to be driven in right-hand lane, CO 431.06
Truck loads causing litter, CO 613.07
Truck zones, CO 451.20
Statutory reference:
See sectional histories for similar State law
Arrest notice of drivers, RC 5577.14
Hours of service of truck drivers, RC 4921.30
Warning devices when disabled on freeways, RC 4513.28
Weighing vehicle; removal of excess load, RC 4513.33
See sectional histories for similar State law
Arrest notice of drivers, RC 5577.14
Hours of service of truck drivers, RC 4921.30
Warning devices when disabled on freeways, RC 4513.28
Weighing vehicle; removal of excess load, RC 4513.33
(a) No person shall operate or move a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum specified in RC 5577.01 to 5577.09, inclusive, or otherwise not in conformity with RC 4513.01 to 4513.37, inclusive, upon any State route within the City, except pursuant to special written permit issued by the Ohio Director of Transportation, or upon any local truck route. Every such permit shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any police officer.
(b) No holder of a permit issued by the Ohio Director of Transportation shall be required to obtain any local permit or license or pay any local fee or charge for movement on any State route within the City. However, no person shall operate any such vehicle or combination of vehicles upon any roadway within the City which is not a State route, except as provided in Section 439.02.
(c) (1) Whoever violates the weight provisions of this section is guilty of a misdemeanor of the fourth degree for overloads not in excess of five thousand (5,000) pounds; and is guilty of a misdemeanor of the third degree for overloads in excess of five thousand (5,000) pounds but not in excess of ten thousand (10,000) pounds.
(2) Whoever violates the weight provisions of this for overloads in excess of ten thousand (10,000) pounds shall be fined three dollars ($3.00) per one hundred (100) pounds of overload plus court costs, and may be imprisoned not more than sixty (60) days, or both.
(3) Whoever violates any other provision of this section is guilty of a misdemeanor of the fourth degree on the first offense. On each subsequent offense within one (1) year of the first offense, the person is guilty of a misdemeanor of the third degree.
(Ord. No. 1281-15. Passed 10-16-17, eff. 10-20-17)
(a) The Director of Capital Projects may issue permits, upon written application, to move vehicles, objects or structures that are in excess of the weight and/or size limitations specified in this chapter over any street, highway, bridge or culvert, other than a state route. The Director of Capital Projects shall issue each permit for a particular vehicle, object or structure to move over a specific route prescribed by the Director.
(b) The Director of Capital Projects shall issue permits only for non-divisible loads, unless the Director determines that it would be in the best interests of the safety of the traveling public and the welfare of the transportation system to waive this restriction. As used in this section, “non-divisible” means that which cannot be reduced in size or weight, or which is impractical to divide, or which cannot be so adjusted as to be within the weight and size limitations specified in this chapter and RC 5577.01 to 5577.14.
(c) The Director of Capital Projects shall require each permittee to indemnify and save harmless the City of Cleveland with respect to the permittee’s activities under the permit. The Director shall further require that the permittee maintain at all times during the term of the permit automobile liability insurance to insure both the permittee, and the City of Cleveland as an additional insured with respect to permittee’s activities under the permit, with limits not less than the following:
Bodily injury coverage per person | $375,000.00 |
Bodily injury coverage per occurrence | $375,000.00 |
Property damage coverage per occurrence | $375,000.00 |
In lieu thereof, a single limit policy of automobile liability insurance covering both personal injury and property damage in an amount not less than seven hundred fifty thousand dollars ($750,000.00) may be substituted.
(d) The Director of Capital Projects may impose such additional requirements or conditions for the issuance of a permit under this section as the Director deems necessary for the safety and welfare of the citizens of the City of Cleveland and the traveling public, and to protect the integrity of the streets, highways, bridges and culverts in the City of Cleveland. Such additional requirements or conditions may include the keeping of a log of the number of moves made under the authority of a permit issued pursuant to this section.
(e) The Director of Capital Projects may issue such rules and regulations as the Director deems necessary to fulfill the purposes of this section and Section 439.021. Such rules and regulations shall take effect ten (10) days after publication in the City Record.
(Ord. No. 599-11. Passed 6-6-11, eff. 6-13-11)
(a) The Director of Public Service shall use the following categories for purposes of assessing fees for permits issued under Section 439.02:
(1) Active Permit. An active permit shall be issued for a single movement over a designated route, and may allow for return to the place of origin over the same route with approval of the Director of Public Service. An active permit shall be issued for a duration of not to exceed seventy-two (72) hours, except that a permit allowing the movement of a load in excess of one hundred twenty thousand (120,000) lbs. shall be for a duration of not to exceed five (5) days.
(2) Continuing Permit. A continuing permit shall be issued for repeated movements of the same vehicle, including any approved load and axle spacing, over the same routing between the same two (2) locations. A continuing permit shall be issued for a period of not to exceed three hundred sixty-five (365) days.
(3) Construction Equipment Permit. A construction equipment permit shall be issued for repeated movements of the same vehicle to and from construction work sites. A construction equipment permit shall be for a vehicle, including trailer and/or equipment or machinery, which does not exceed twelve (12) feet in width, and which does not exceed the weight, length, and height limitations of this chapter and RC 5577.02 and 5577.05. A construction equipment permit shall be issued for a period of not to exceed three hundred sixty-five (365) days.
(4) Inactive Permit. An inactive permit shall be issued for repeated movements of the same vehicle, including the approved load and axle spacing. For an inactive permit, the route is not specified when the application is submitted. When a given route is subsequently submitted to and approved by the Director of Public Service, the Director shall issue a validation number, which shall activate the permit for a duration of not to exceed seventy-two (72) hours. An inactive permit shall be issued either for a period of not to exceed ninety (90) days, or for a period of not to exceed three hundred sixty-five (365) days, the duration of which shall be in accordance with the amount paid by the applicant under the schedule of fees set forth in division (b) of this section.
(b) The Director of Public Service shall charge the following fees for permits issued under Section 439.02:
Active permit – (single movement)
|
Fee
|
Active permit – (single movement)
|
Fee
|
Processing fee – 72 hours or 5 days | $15.00 |
Overweight surcharge | $7.50 |
Overwidth surcharge (over 12 ft.) | $7.50 |
Overheight surcharge (over 14 ft. 6 in.) | $15.00 |
Return trip surcharge with authorization | $7.50 |
Continuing Permit
|
Fee
|
Processing fee – 365 days | $20.00 |
Overweight surcharge | $7.50 |
Overwidth surcharge (over 12 ft.) | $7.50 |
Overheight surcharge (over 14 ft. 6 in.) | $15.00 |
Construction Equipment Permit (up to 12 ft. wide) | Fee
|
Processing fee – 365 days | $15.00 |
Inactive Permit
|
Fee
|
Processing fee – 365 days | $15.00 |
Processing fee – 90 days | $7.50 |
Validation number charge (approval of routing) and return | $7.50 |
Overweight surcharge | $7.50 |
Overwidth surcharge (over 12 ft.) | $7.50 |
Overheight surcharge (over 14 ft. 6 in.) | $15.00 |
(c) In addition to the foregoing fees and charges, if a police escort is required by state law, or at any other time that the Director of Public Service and the Traffic Commissioner determine that a police escort is needed, the permittee shall also reimburse the City for the costs of the escort as determined by the Chief of Police.
(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)
(a) No vehicle, object or structure shall be operated or moved upon any public street, highway, bridge or culvert within the City other than a State Route having an axle load, wheel load or a vehicle and load weight in excess of the maximums specified in RC 5577.01 to 5577.14, inclusive, or such lesser axle load, wheel load or vehicle and load weight as the Director of Public Service shall determine due to the conditions of the public street, highway, bridge or culvert.
(b) All motor trucks whose axle load, wheel load or vehicle and load weight is in excess of the maximum specified in division (a) of this section, shall operate in conformity with signs posted by the Chief of Police, or the officer designated in charge of traffic control prohibiting, limiting or diverting such motor trucks on such residential street, except while receiving goods or making deliveries along such streets.
(c) (1) Whoever violates the weight provisions of this section is guilty of a misdemeanor of the fourth degree for overloads not in excess of five thousand (5,000) pounds; and is guilty of a misdemeanor of the third degree for overloads in excess of five thousand (5,000) pounds but not in excess of ten thousand (10,000) pounds.
(2) Whoever violates the weight provisions of this section for overloads in excess of ten thousand (10,000) pounds shall be fined three dollars ($3.00) per one hundred (100) pounds of overload plus court costs, and may be imprisoned not more than sixty (60) days, or both.
(3) Whoever violates any other provision of this section is guilty of a misdemeanor of the fourth degree on the first offense. On each subsequent offense within one (1) year of the first offense, the person is guilty of a misdemeanor of the third degree.
(Ord. No. 1281-15. Passed 10-16-17, eff. 10-20-17)
All commercial tractors, trailers, semitrailers and pole trailers and trucks in excess of seven thousand (7,000) pounds gross weight shall be operated in the lane nearest the right-hand edge of the roadway upon all through streets and highways when parking is prohibited in such traffic lane, otherwise in the lane of traffic immediately left thereof. No such vehicles shall overtake and pass any other moving vehicle traveling in the same direction in the right-hand lane of any through street and highway unless otherwise directed by a police officer or traffic control device.
The provisions of this section do not apply when commercial tractors, trailers, semitrailers and pole trailers and trucks in excess of seven thousand (7,000) pounds gross weight are making an approach for a left turn or when the lane nearest the right-hand edge of the roadway or the lane immediately left thereof upon any through street or highway is not available for travel, or when the lane nearest the right-hand edge of the roadway is reserved for vehicles making or intending to make a right turn at the next nearest intersection and when traffic control devices have been placed or erected to so indicate the restricted use of such traffic lane.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
The driver of any truck or motor vehicle drawing another vehicle, when traveling upon a roadway, shall maintain a space of two hundred (200) feet whenever conditions permit, between such vehicle and another truck or motor vehicle drawing another vehicle ahead, so an overtaking vehicle may enter and occupy such space without danger. The provisions of this section shall not be construed to prevent overtaking and passing nor shall the same apply upon any lane specially designated for use by trucks.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
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