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.
440.085 Inspection.
440.09 Route and load information.
440.10 Shifting load; loose loads.
440.11 Chauffeured limousines.
440.12 Special weight and tire restrictions.
440.13 Engine compression brakes prohibited.
440.99 Penalty.
CROSS REFERENCES
See section histories for similar State law
Display of certificates of registration - see Ohio R.C. 4549.18
Arrest notice of drivers - see Ohio R.C. 5577.14
Riding in cargo storage areas - see TRAF. 416.06
Slow-moving equipment at grade crossings - see TRAF. 432.36
Fatigued or ill drivers - see TRAF. 442.09
Truck loading zones - see TRAF. 452.10
Bus stops and taxicab stands - see TRAF. 452.11
(a) State Regulations.
(1) 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) Notwithstanding R.C. § 715.22 and 723.01, the holder of a special permit issued by the Director of Transportation under R.C. § 4513.34 may move the vehicle or combination of vehicles described in the special 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. 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) The application for a permit 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. 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.
(4) The Municipality may issue or withhold a permit. 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 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.
(b) Whoever violates division (a) of this section is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree. In addition to any term of imprisonment imposed by a court for a violation of division (a) of this section, whoever is convicted of or pleads guilty to a violation of division (a) of this section shall be fined by the court as follows:
(1) For a minor misdemeanor, not more than one hundred fifty dollars ($150.00);
(2) For a misdemeanor of the fourth degree, not more than three hundred fifty dollars ($350.00); and
(3) For a misdemeanor of the third degree, not more than seven hundred fifty dollars ($750.00).
(c) Local Streets.
(1) No person shall operate a vehicle exceeding a size as specified in Section 440.02, or exceeding a gross weight of five tons, upon any street or highway in the Municipality other than the following streets and highways:
Barber Road
Clark Mill Road
Cleveland-Massillon Road
Eastern Road (from Fairland Road west to the City corporation limit)
Fairland Road (from Eastern Road to the City corporation limit)
Greenwich Road
Norton Avenue
Summit Road (between the Interstate Route 76/U.S. Route 224 overpass & Wadsworth Road)
Wadsworth Road (S.R. 261)
Wooster Road
State Route 21
State Route 585
Interstate Route 76/U.S. Route 224
(2) Any vehicle may be driven upon any street or highway or part thereof for the shortest possible distance to load or unload merchandise, freight or material at a place contiguous to such street or highway or part thereof, provided that there are no other means of ingress to or egress from such place. Moreover, any vehicle may be driven across any street or highway or part thereof at an intersection.
(d) Local Permit and Conditions. Upon application and for good cause, the Police Chief may issue a local permit authorizing an applicant to move an oversize or overweight vehicle or combination of vehicles upon local streets and highways.
(1) No permittee shall be required to obtain a special permit from the Ohio Director of Transportation for the movement of the vehicle or combination of vehicles on streets or highways under local jurisdiction. However, the approval of the Ohio Director of Transportation shall be required for movement upon State routes as provided in division (a) of this section.
(2) The Police Chief may grant a permit for a single or round trip, or for such period of time, not to exceed one year, as the Police Chief in his or her discretion deems advisable, or for the duration of any construction project. The Police Chief may limit or prescribe terms or conditions of operation for such vehicle or combination of vehicles by designating the route, hours, speed or such other restrictions as may be necessary for the preservation of the public peace, property, health and safety. The Police Chief may require the posting of bond or other security necessary to compensate for any damage to a roadway or road structure.
(3) For each such permit, the Police Chief shall charge thirty-five dollars ($35.00), and for each hour of time or any part thereof spent by the Police Department in supervising the movement of such vehicle, the applicant shall pay the sum of fifty dollars ($50.00).
(4) Except as provided in divisions (a) and (b) of this section, streets and highways shall be posted with signs indicating "no thru trucks - gross weight 5 tons" or words of similar import to inform drivers of the prohibitions of the operation thereon of oversized or overweight vehicles, except by special permit or for purposes of making deliveries. No driver shall disobey the instructions indicated on any such sign.
(5) Violation of any of the limitations, terms or conditions of the permit granted by the Police Chief shall be cause for immediate revocation or suspension of such permit and denial of request for any future permit. Such violation shall also subject the violator to the penalties prescribed by Sections 408.01 and 408.02.
(Ord. 73-2015. Passed 12-14-15; Ord. 92-2019. Passed 9-9-19.)
(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 in excess of:
(1) 104 inches for passenger bus type vehicles operated exclusively within the Municipality.
(2) 102 inches, excluding such safety devices as are required by law, for passenger bus type vehicles operated over freeways, and such 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) 132 inches for traction engines.
(4) 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) 102 inches, including load, for all other vehicles, except that the Director may prohibit the operation of 102-inch vehicles on such State highways or portions of State highways as the Director designates.
(c) No such vehicle shall have a length in excess of:
(1) 66 feet for passenger bus type vehicles and articulated passenger bus type vehicles operated by a regional transit authority pursuant to Ohio R.C. 306.30 to 306.54.
(2) 45 feet for all other passenger bus type vehicles.
(3) 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 such State highways or portions of State highways as the Director designates.
(4) 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 such State highways or portions of State highways as the Director designates.
(5) A. 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. 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) 65 feet for any other combination of vehicles coupled together, with or without load, except as provided in division (c)(3) and (4), and in division (e) below.
(7) 45 feet for recreational vehicles.
(8) 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 such 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 such 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 such 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 Ohio 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 such 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 Ohio R.C. 4501.01.
(ORC 5577.05)
(i) No person shall violate any rule or regulation promulgated by the Director of Transportation in accordance with Ohio R.C. 5577.05.
(ORC 5577.06)
(j) Whoever violates this section is guilty of a minor misdemeanor on a first offense; on a second or subsequent offense, such person is guilty of a misdemeanor of the fourth degree.
(ORC 5577.99(C))
(a) No person shall drive or operate, or cause to be driven or operated, any commercial car, trailer, or semitrailer, used for the transportation of goods or property, the gross weight of which, with load, exceeds three tons, upon the public highways, streets, bridges, and culverts within the Municipality, unless such vehicle is equipped with suitable metal protectors or substantial flexible flaps on the rearmost wheels of such vehicle or combination of vehicles to prevent, as far as practicable, the wheels from throwing dirt, water, or other materials on the windshields of following vehicles. Such protectors or flaps shall have a ground clearance of not more than one-third of the distance from the center of the rearmost axle to the center of the flaps under any conditions of loading of the vehicle, and they shall be at least as wide as the tires they are protecting. If the vehicle is so designed and constructed that such requirements are accomplished by means of fenders, body construction, or other means of enclosure, then no such protectors or flaps are required. Rear wheels not covered at the top by fenders, bodies, or other parts of the vehicle shall be covered at the top by protective means extending at least to the center line of the rearmost axle.
(ORC 5577.11)
(b) Whoever violates this section shall be fined not more than $25.
(ORC 5577.99(E))
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