§ 70.02 VEHICLE WEIGHT LIMITATIONS.
   (A)   No person shall operate or cause to be operated or moved upon county highways or bridges designated in Schedules II and III of Chapter 71 any vehicle or combination of vehicles of a size or weight exceeding the limitations provided herein.
   (B)   An owner of a vehicle shall not cause or knowingly permit to be operated upon or moved upon any of the county highways or bridges designated in Schedules II and III of Chapter 71 any vehicle or combination of vehicles of a size or weight exceeding the limitations provided herein.
   (C)   Weight limitations for the highways designated in Schedule II are as follows:
      (1)   The total gross weight, with load, in pounds of any vehicle or combination of vehicles may not exceed an overall gross weight on a group of two or more consecutive axles produced by application of the following formula:
(3)   W = 500 {[LN] ÷ [(N-1)] + 12N + 36}
   where W equals the overall gross weight on any group of two or more consecutive axles to the nearest 500 pounds, L equals the distance in feet between the extreme of any group of two or more consecutive axles, and N equals the number of axles in the group under consideration, except that two consecutive sets of tandem axles may carry a gross load of 34,000 pounds each, providing the overall distance between the first and last axles of the consecutive sets of tandem axles is 36 feet or more. The overall gross weight limit, calculated under this subdivision, may not exceed 80,000 pounds.
      (2)   The weight concentrated on the roadway surface from any tandem axle group may not exceed the following:
         (a)   Thirty-four thousand pounds total weight.
         (b)   Twenty thousand pounds on an individual axle in a tandem group.
      (3)   A vehicle may not have a maximum wheel weight, unladen or with load, in excess of 800 pounds per inch width of tire, measured between the flanges of the rim or an axle weight in excess of 20,000 pounds.
   (D)   The enforcement of weight limits under this section is subject to the following:
      (1)   A vehicle or combination of vehicles that transports farm commodities from the place of production to the first point of delivery where the commodities are weighed and title to the commodity is transferred if the weight of the vehicle with load or combination of vehicles with load does not exceed the gross weight limits set forth in this section by more than 10%. This exception does not apply, however, to weight limits imposed for bridges under this section. For purposes of this section, "farm commodities" includes logs, wood chips, bark, sawdust and bulk milk. The exceptions that apply to vehicles that transfer farm commodities herein apply to the transportation of wood chips, bark and sawdust, at all times, if the weight of the vehicle with loads does not exceed either the gross weight limit or the axle weight limit by more than 10%.
      (2)   The greater of the weight limits imposed under division (3) above or this subsection applies to vehicles operated upon county highways. These weight limits shall be as follows:
         (a)   The total gross weight, with load, in pounds of a vehicle or combination of vehicles may not exceed 73,280 pounds.
         (b)   The total weight concentrated on the roadway surface from a tandem axle group may not exceed 16,000 pounds from each axle of a tandem assembly.
         (c)   A vehicle may not have a maximum wheel weight unladen or with load in excess of 800 pounds per inch width of tire, measured between the flanges of the rim or an axle weight greater than 18,000 pounds.
      (3)   This section shall apply to a truck that is either a municipal waste collection and transportation vehicle: specially designed and equipped with a self-compactor or detachable container; used exclusively for garbage refuse or recycling operations; and laden with garbage, refuse or recyclables; or a disposal plant transporting vehicle certified under I.C. 15-2.1-16 that is laden with dead animals or animal parts. Such a truck may transmit to the surface of a highway a gross weight of not more than 24,000 pounds upon a single axle and 42,000 pounds upon a tandem axle group. Unladen, this truck must comply with axle limitations applicable to all other trucks. This section does not exempt trucks laden or unladen from the limitations on wheel weights imposed in this section.
      (4)   The County Highway Superintendent may, in the exercise of sound discretion, and upon due application in writing made to him, authorize operation in excess of the above stated limits on a per truck basis upon a showing of extraordinary circumstances and upon proof of insurance or other security adequate to cover potential damage caused by the expected trip.
      (5)   The limits imposed by this section shall not apply to vehicles for which a valid overweight permit has been issued by the Indiana Department of Transportation.
   (E)   Weight limitations for bridges are set forth in Schedule III of Chapter 71.
   (F)   Revenues generated as a result of fines from enforcement of this section shall be deposited into a special highway fund which fees and revenues shall be utilized specifically to maintain and preserve county roads.
   (G)   Revenues generated and deposited in the special highway fund may be used only for the specific purpose set forth in this section. Said expenditures shall be limited to improving and maintaining county highways.
   (H)   This section shall be enforced by the County Sheriff's Department.
   (I)   Appropriation by the county fiscal body shall not be required for expenditures from the special highway fund.
(BC Ord. 10-1996, passed 8-19-96; Am. BC Ord. 1-1999, passed 1-19-99; Am. BC Ord. 3-1999, passed 1-19-99)