§ 4961. Authority to issue permits.

574 words·~3 min read·/pa/title-75/chapter-49/4961

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)General rule.-- The department and local authorities with respect to highways under their respective jurisdictions may, upon application in writing showing good cause, issue special permits in writing authorizing the applicant to operate or move on specified highways any of the following:

(1)A vehicle which when unloaded exceeds the maximum size specified in Subchapter B (relating to width, height and length) or the maximum weights specified in Subchapter C (relating to maximum weights of vehicles).

(2)A combination carrying a nondivisible load and exceeding the maximum size specified in Subchapter B or the maximum weights specified in Subchapter C.

(3)A vehicle containing a nondivisible load which exceeds the maximum width specified in section 4921(a) (relating to width of vehicles) or the maximum height specified in section 4922 (relating to height of vehicles).

(4)A mobile home.

(5)A modular housing or manufactured construction unit which exceeds the maximum size prescribed in this title.

(5.1) A manufactured construction unit which exceeds the maximum size and weight prescribed in this title.

(6)A modular housing or manufactured construction unit undercarriage which exceeds the maximum size prescribed in this title.

(7)Such other vehicles and combinations as are specifically authorized in this chapter.

(b)Limitation for truck tractors.-- Permits to exceed the maximum weight limit shall be issued only for truck tractors registered at the maximum weight permitted under section 4941(a) or

(b)(relating to maximum gross weight of vehicles). When a truck tractor is operating under permit, the fine for axle and gross weight violations shall only be applicable to the weight that the vehicle is in excess of the weight allowed on the permit.

(c)County offices for issuing permits.-- The department shall empower an authorized representative or employee to issue permits as provided in subsection

(a)and may provide a place within each county where the permits may be issued.

(d)Excess damage permits.-- The department and local authorities having highways under their respective jurisdictions may issue a permit with a maximum distance of 2.5 miles for the movement upon specified highways of combinations in excess of the maximum weights specified in Subchapter C and may require such security as deemed necessary to cover the cost of repairs and restoration necessitated by the movement of such vehicles. Permits issued under this subsection shall be subject to the following conditions:

(1)The security shall be in the form of an irrevocable letter of credit signed by a bank officer and naming the department or local authority as sole beneficiary, to be honored on presentment.

(2)The maximum allowable gross weight shall be 125,000 pounds.

(3)Upon notification from the department or local authority, the permittee shall reimburse the department or local authority for repair and restoration costs determined to be necessitated by the movement of the overweight vehicles. Failure to reimburse the department or local authority within 60 days of said notice shall automatically invalidate the permit and cause action against the letter of credit.

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(Oct. 10, 1980, P.L.791, No.147, eff. imd.; Mar. 7, 1982, P.L.152, No.49, eff imd.; May 1, 1984, P.L.224, No.48, eff. 60 days; July 11, 1985, P.L.204, No.52, eff. 90 days; Feb. 10, 1994, P.L.10, No.2, eff. 60 days; Dec. 21, 1998, P.L.1126, No.151, eff. 60 days; Dec. 9, 2002, P.L.1278, No.152, eff. 60 days)

Cross References. Section 4961 is referred to in sections 1302, 1943, 4962 of this title.

75c4962s