Any police officer having reason to believe that the weight of a vehicle and its load is unlawful may require the driver of such vehicle to stop and submit to a weighing of it by means of a compact, self-contained, portable, sealed scale specially adapted to determining the wheel loads of vehicles on highways; a sealed scale permanently installed in a fixed location, having a load-receiving element specially adapted to determining the wheel loads of highway vehicles; a sealed scale, permanently installed in a fixed location, having a load-receiving element specially adapted to determining the combined load of all wheels on a single axle or on successive axles of a highway vehicle, or a sealed scale adapted to weighing highway vehicles, loaded or unloaded. The driver of such vehicle shall, if necessary, be directed to proceed to the nearest available of such sealed scales to accomplish the weighing, provided such scales are within three miles of the point where such vehicle is stopped. Any vehicle stopped in accordance with this section may be held by the police officer for a reasonable time only to accomplish the weighing as prescribed by this section. All scales used in determining the lawful weight of a vehicle and its load shall be annually compared by a Municipal, County or State sealer with the State standards or standards approved by the State and such scales shall not be sealed if they do not conform to the State standards or standards approved by the State.
At each end of a permanently installed scale, there shall be a straight approach in the same plane as the platform, of sufficient length and width to insure the level positioning of vehicles during weight determinations.
During determination of weight by compact, self-contained, portable, sealed scales, specially adapted to determining the wheel loads of vehicles on highways, they shall always be used on terrain of sufficient length and width to accommodate the entire vehicle being weighed. Such terrain shall be level, or if not level, it shall be of such elevation that the difference in elevation between the wheels on any one axle does not exceed two inches and the difference in elevation between axles being weighed does not exceed one-fourth inch per foot of the distance between such axles. Whenever compact, self- contained, portable, sealed scales, specially adapted to determining the wheel loads of vehicles on highways, are used the weights determined are not unlawful unless they exceed by more than three percent of the weight limitations set forth in Ohio R.C. 5577.01 to 5577.14.
In all determination of all weights, except gross weight, by compact, self-contained, portable, sealed scales, specially adapted to determining the wheel loads of vehicles on highways, all successive axles, twelve feet or less apart, shall be weighed simultaneously by placing one such scale under the outside wheel of each such axle. In determinations of gross weight by the use of compact, self-contained, portable, sealed scales, specially adapted to determining the wheel loads of vehicles on highways, all axles shall be weighed simultaneously by placing one such scale under the outside wheel of each axle.
Whenever such officer upon weighing a vehicle and load determines that the weight is unlawful, he may require the driver to stop the vehicle in a suitable place and remain standing until such portion of the load is removed as is necessary to reduce the weight of such vehicle to the limit permitted under Ohio R.C. 5577.01 to 5577.14, or, when compact, self-contained, portable, sealed scales, specially adapted to determining the wheel loads of vehicles on highways, are used, to the limits permitted under Ohio R.C. 5577.01 to 5577.14, plus two percent.
Whenever local authorities determine upon the basis of an engineering and traffic investigation that the weight limits permitted under Ohio R.C. 5577.01 to 5577.14, or weight limits permitted when compact, self-contained, portable, sealed scales, specially adapted to determining the wheel loads of vehicles on highways, are used on any part of a State route under their jurisdiction is greater than is reasonable under the conditions found to exist at such location, the local authorities may, by resolution, request the Director of Transportation to determine and declare reasonable weight limits. Upon receipt of such request, the Director may determine and declare reasonable weight limits at such location, and if the Director alters the weight limits set by Ohio R.C. 5577.01 to 5577.14, and this section, then such altered weight limits shall become effective only when appropriated signs giving notice thereof are erected at such location by local authorities.
The Director may withdraw his approval of any altered weight limit whenever, in his opinion, any altered weight limit becomes unreasonable, and upon such withdrawal the altered weight limit shall become ineffective, and the signs relating thereto shall be immediately removed by local authorities. Alteration of weight limits on State routes by local authorities is not effective until alteration has been approved by the Director.
This section does not derogate or limit the power and authority conferred upon the Director or boards of county commissioners by Ohio R.C. 5577.07.
In the event the provisions of this section should be held to exceed the weight limitations, or provisions set forth in Section 127, “Federal-Aid Highway Act of 1958,” 72 Stat. 902 (1958), 23 U.S.C. 127, this section shall become null and void to the extent of such inconsistency.
(Ord. 2005-119. Passed 12-8-05.)