Loading...
10-07"BEING A BY-LAW TO PROVIDE FOR THE GRANTING OF PERMITS TO MOVE OVERSIZE OR OVERWEIGHT LOADS ON COUNTY ROADS AND TO REPEAL BY-LAW NO. 00-13" WHEREAS pursuant to Section 110, Part VII, of the Highway Traffic Act, being Chapter H.8, R.S.O. 1990, as amended, provides that a municipal corporation may grant a permit for the moving of heavy vehicles, loads, objects or structures in excess of the dimensional limits set out in Section 109 or the weight limits set out in Part VIII, on roads they have jurisdiction over; and WHEREAS the Council of the Corporation of the County of Elgin deems it expedient to control and regulate the movement of heavy vehicles, loads and objects or structures on County Roads and to provide for the issuing of permits related thereto. NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin enacts as follows: Part 1 Definitions 1.1 Part 2— General Provisions COUNTY OF ELGIN By-Law No. 10-07 In this By-Law: a) "Corporation" shall mean the Corporation of the County of Elgin. b) "Council" means the Council for the Corporation of the County of Elgin. c) "County Road" means all roads included in the County of Elgin road system as defined in the Corporation of the County of Elgin By-Law entitled "Adopting a Plan of County Road Improvement and Establishing a County Road System" and any amendments thereto. d) "Director of Engineering Services" shall mean the person appointed by Council to such position and his or her authorized representatives or delegates. e) "Person" shall include a corporation. 2.1 No person shall move upon wheels, rollers, or otherwise over or upon a County Road, heavy vehicles, loads, objects, or structures in excess of the gross weight, length, width, and height limits prescribed by the Highway Traffic Act (Ontario), without a permit to do so as issued by the Director of Engineering Services. 2.2 A permit to move heavy vehicles, loads, objects, or structures upon a County Road shall be in the form attached as Schedule "A" hereto and shall be effective only when signed and dated by the Director of Engineering Services. 2.3 Prior to issuance of a permit to move heavy vehicles, loads, objects, or structures upon a County Road, an Applicant for such permit shall file with the Corporation such material as is required by the Director of Engineering Services, including the following: a) Permit Form as attached as Schedule "A" hereto, Sections 1 and 2 to be completed by the Applicant and the Applicant to have signed and dated such Permit Form; b) Proof of paid up property damage and public liability insurance of not less than FIVE MILLION DOLLARS coverage for the time period during which the permit is to be effective, the Corporation of the County of Elgin to be named as an additional insured for purposes of such public liability insurance; c) Written acknowledgment from Engineering Services for the County of Elgin, Ontario Provincial Police and/or any other police force having policing responsibilities over any County Road or a portion thereof to be involved in the proposed move, and any fire department having fire service responsibility in any area through which any County Road or a portion thereof to be involved in the proposed move passes that the scheduled dates, duration, and route of the proposed move will not create unnecessary traffic hazard or delays; 2 d) Written acknowledgment from all utilities and railway companies whose facilities are or are potentially affected by the proposed move that any wires, cable, or poles existing on, over, or adjacent to the County Road or Roads to be used in the proposed move will not hinder such move or that satisfactory arrangements have been made for the removal or raising of such facilities to avoid any such hindrance; e) A performance bond or other security, in an amount acceptable to the Director of Engineering Services and in a form acceptable to the Treasurer of the Corporation, equal to the potential estimated costs of repair and remediation of the County Road or Roads and related facilities at risk as a result of the proposed move; and f) A non-refundable administrative fee, payable to the Treasurer of the County of Elgin, in an amount set forth in Schedule "B" hereto. 2.4 If satisfied with the materials filed by the Applicant, the Director of Engineering Services may issue a permit in the form attached as Schedule "A" hereto by signing and dating same, provided always that the said Director of Engineering Services maintains and exercises full and unfettered discretion in determining if a permit is to be issued, the acceptability of materials filed by the Applicant, and the attachment of any and all appropriate conditions to the said permit as issued. 2.5 Without limiting or revising the terms of permits set forth in Schedule "A" hereto or otherwise restricting the discretion of the Director of Engineering Services, the permit to be issued by the Director of Engineering Services shall specify, among other things, the following: 2.5.1 the dates and times to which the permit apply and authorize use of County Road or Roads; 2.5.2 the County Road or Roads authorized for use under the permit and the route to be followed upon such County Road or Roads; 2.5.3 the amount of refundable security deposit required and to be paid by the Applicant; 2.5.4 the type of escort required during use of County Road or Roads pursuant to the said permit; and 2.5.6 any other special condition applicable to the permit and in addition to those set forth in the permit form as attached in Schedule "A" hereto. 2.6 Notwithstanding the issuance of a permit in keeping with this By-Law, the owner, operator, or mover of any heavy vehicle, load, object, or structure shall be subject to and comply with the directions of the Director of Engineering Services or his authorized representatives and delegates and the officer in charge of any police or fire escort associated with the vehicle, load, object, or structure being moved. 2.7 Any permit issued by the Director of Engineering Services shall be nullified and voided by or upon any one or combination of the following incidents: 2.7.1 failure on the part of the Applicant, including any servant, agent, or employee, to comply with any term of such permit; 2.7.2 failure to comply with the directions of the Director of Engineering Services or his representatives or delegates or the officer in charge of any police or fire escort to the vehicle, load, object, or structure being moved; 2.7.3 the discovery or disclosure of any omission or misrepresentation, whether by inadvertence, or otherwise, which is material to the application process or the permit issued in respect thereof; and 2.7.4 at the direction of the Director of Engineering Services or his representatives or delegates. 2.8 The owner, driver, operator, or mover of any heavy vehicle, load, object, or structure being moved on a County Road pursuant to a permit issued hereunder is nevertheless responsibility for all damages of all kinds and nature that may be caused by reason of the driving, operating, or moving of such vehicle, load, object, or structure and, further thereto, the said owner, driver, operator, or mover agrees to hold harmless and indemnify the Corporation, including its servants, agents, employees, from and against all loss, costs, and damages suffered by it and from all actions or claims which may be brought or made against the Corporation by reason of the movement of any heavy vehicle, load, object, or structure upon a County Road. Part 3 Enforcement 3.1 Any person who contravenes any provision of this By-Law is, upon conviction, guilty of an offence and is liable to any penalty as provided in the Provincial Offences Act. 3.2 The Court in which a conviction has been entered and any Court of competent jurisdiction thereafter may make an Order prohibiting the continuation or repetition of the offence by the person convicted, and such Order shall be in addition to any other penalty imposed on the person so convicted. Part 4— Repeal and Enactment 4.1 By-Law 00-13 for the Corporation of the County of Elgin is hereby repealed. 4.2 This By-Law comes into full force and effect on March 23, 2010. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 23 DAY OF MARCH 2010. Chief Administrative Officer. 3 5 Jim McIntyre, Deputy Warden. Schedule `A' By -Law No. 10 -07 Progressive by Nature 4 Permit No. The Corporation of the County of Elgin 450 Sunset Drive St. Thomas, Ont. N5R 5V1 Phone (519) 631 -1460 Ext. #4 Fax (519) 631 -4297 ANNUAL OVERSIZE MOVING PERMIT SECTION 1 GENERAL INFORMATION APPLICANT CONTACT PERSON APPLICANT'S MAILING ADDRESS POSTAL CODE APPLICANT'S TELEPHONE FAX SECTION 2— DESCRIPTION OF VEHICLE *(Note: Maximum 10 Vehicles Per Permit) VIN YEAR MAKE NO. PLATE NO. 1 2 3 4 5 6 7 8 9 10 Please Note: An Invoice will not be issued Make Cheque payable to the County of Elgin. ANNUAL PERMIT FEE: $500.00 *[Valid Calendar Year "January to December I have read, understand and agree to the conditions set forth on this application and assume all cost incurred by the County of Elgin, liability for all damages which may be incurred and to indemnify and hold harmless the County of Elgin from any actions, claims, suits or demands made against the County by any person arising out of the issuance of this permit. (REFER TO CONDITIONS ON REVERSE) SIGNATURE OF APPLICANT POSITION DATE SIGNED SECTION 3 SPECIAL CONDITIONS AND APPROVAL [OFFICE USE ONLY] REFUNDABLE SECURITY DEPOSIT (if applicable) PROOF OF LIABILITY INSURANCE: YES NO AMOUNT OF COVERAGE: SPECIAL CONDITIONS 2010 ANNUAL PERMIT Restricted to: Maximum Width (3.99m) Maximum Length (36.74m) Maximum Height (4.15m) Overall Maximum Weight (63,500 kqs) =As Per Ontario Highway Traffic Act Director of Engineering Services Designate Date Signed CONDITIONS ANNUAL PERMIT 5 1. This permit is issued pursuant to Section 110 of the Highway Traffic Act (Ontario) and is subject to the conditions set forth below. The permit holder must comply with all requirements of the Highway Traffic Act (Ontario) and this Permit shall not and does not grant permission to disobey any such requirement or provision of such Act or any Regulation enacted in relation thereto. 2. No portion of any County road shall be closed at any time to accommodate the move for which a Permit is issued. The transporter must at all times cause the least degree of interference with vehicular and pedestrian traffic on any County road during the course of such permitted move. 3. The Applicant and /or the transporter shall at all times be responsible for and shall arrange for repair of any and all damage caused to any County road through the course of any move for which a Permit is granted. 4. Before submitting any Application for an Annual Moving Permit, the Applicant shall arrange for and thereafter maintain and produce 0 evidence of paid up property damage and public liability insurance of not less than $5,000,000.00 coverage for the period during which the Permit is to be effective, in respect of which policy of insurance the Corporation of the County of Elgin is to be named as an additional insured. 5. This Permit is not valid: a) On roads other than County roads under the jurisdiction of the Corporation of the County of Elgin and as defined and identified pursuant to the Elgin County Road Consolidating By -Law, as amended; b) At any time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on such County road are not clearly visible at a distance of 150 metres; c) Between one half hour before sunset and one half hour after sunrise; and d) On any Saturday, Sunday, or statutory holiday. 6. This Permit is valid: a) Between one half hour after sunrise and one half hour before sunset; and b) On each Monday through Friday of the calendar year save and except for any statutory holiday falling on those days. 7. This Permit must be produced on demand of a police officer or an officer appointed for carrying out the provisions of the Highway Traffic Act (Ontario). 8. This Permit is issued on the condition the Permit holder accepts responsibility for any and all damage that may be caused to overhead wires, structures, roads, infrastructure, signs or railway right -of -ways. The Permit holder must obtain the necessary approvals from all encroachments and /or any provincial or municipal Permits required for the proposed routes. 9. This Permit may be terminated at the discretion of the Director of Engineering Services or an authorized designate for the breach of any condition of this Permit. 10. Applications for annual permits for oversize vehicles must also specify geographic areas of County within which oversize vehicle moves are to occur. 11. ANNUAL PERMIT CONDITIONS: All conditions set forth above will apply to all moves permitted pursuant to an Annual Permit. Annual Permits will only be issued upon confirmation that the information submitted in Sections 1 and 2 to this Permit Application will apply to all moves to be completed. *If Loads exceed Annual Permit requirements (indicated below) an Oversize /Overweight Permit as per Highway Traffic Act (Ontario) must be submitted for such move and Application shall be considered by the Director of Engineering Services or an authorized designate as a separate Application. ANNUAL PERMIT RESTRICTED TO: D Maximum Width (3.99m) D Maximum Length (36.75m) D Maximum Height (4.15m) D Overall Maximum Weight (63,500kgs) Schedule `A' By -Law No. 10 -07 Elgin Progressive by Nature 6 Permit No. The Corporation of the County of Elgin 450 Sunset Drive St. Thomas, Ont. N5R 5V1 Phone (519) 631 -1460 Ext. #4 Fax (519) 631 -4297 OVERSIZE OVERWEIGHT MOVE PERMIT SECTION 1 GENERAL INFORMATION APPLICANT CONTACT PERSON APPLICANTS MAILING ADDRESS POSTAL CODE APPLICANT'S TELEPHONE FAX TRANSPORTING COMPANY CONTACT PERSON TRANSPORTING COMPANY'S ADDRESS TRANSPORTER'S TELEPHONE FAX SECTION 2 DESCRIPTION OF LOAD/ VEHICLE/ ROUTE *(Please indicate all dimensions in metric) DESCRIPTION OF LOAD DESCRIPTION OF VEHICLE NO. OF AXLES NO. OF WHEELS PER AXLE TOTAL WIDTH AT TIRES (metres) TOTAL WEIGHT (tonnes) OVERALL HEIGHT (metres) OVERALL WIDTH (metres) OVERALL LENGTH (metres) PRESENT LOCATION DESTINATION EXACT ROUTE TO BE FOLLOWED MOVING DATE PROPOSED TIME OF MOVE NOTE: A MAP SHOWING THE EXACT ROUTE THE ABOVE DESCRIBED LOAD MUST ACCOMPANY THIS APPLICATION. Please Note: Invoice will not be issued Make Cheque payable to the County of Elgin PERMIT FEE: $200.00 *[If application submitted more than 5 business days' prior to intended date of move.] PERMIT FEE $400.00 *[If application submitted less than 5 business days' notice prior to intended date of move.] I have read, understand and agree to the conditions set forth on this application and assume all cost incurred by the County of Elgin, liability for all damages which may be incurred and to indemnify and hold harmless the County of Elgin from any actions, claims, suits or demands made against the County by any person arising out of the issuance of this permit. (REFER TO CONDITIONS ON REVERSE) SIGNATURE OF APPLICANT DATE SIGNED POSITION 7 SECTION 3 SPECIAL CONDITIONS AND APPROVAL [OFFICE USE ONLY] REFUNDABLE SECURITY DEPOSIT (if applicable) PROOF OF LIABILITY INSURANCE: YES NO AMOUNT OF COVERAGE: TYPE OF ESCORT REQUIRED (see conditions on reverse) SPECIAL CONDITIONS Director of Engineering Services Designate Date Signed CONDITIONS 1. This permit is issued pursuant to Section 110 of the Highway Traffic Act (Ontario) and is subject to the conditions set forth below. The permit holder must comply with all requirements of the Highway Traffic Act (Ontario) and this Permit shall not and does not grant permission to disobey any such requirement or provision of such Act or any Regulation enacted in relation thereto. 2. Overweight Vehicles /Load: Where required by the Director of Engineering Services or an authorized designate for the County of Elgin and prior to commencement of any move authorized by a Permit issued therefore, the Applicant, at his, her, or its full expense, shall arrange for and produce an assessment or, if directed, multiple assessments of the structural integrity of any and all County Roads incorporated within the intended route of the permitted move and as to the capacity of such road or roads, or any portion thereof, to withstand and support the size and weight of the load /vehicle to be moved, provided that such assessment or assessments shall at all times be completed by a qualified engineer acceptable to and approved by the Director of Engineering Services prior to commencement of any such assessment or assessments. *Applications for any overweight vehicles must include accurate axle spacing diagrams and calculations. 3. No portion of any County road shall be closed at any time to accommodate the move for which a Permit is issued. The transporter must at all times cause the least degree of interference with vehicular and pedestrian traffic on any County road during the course of such permitted move. 4. A refundable security deposit as against damage repair costs may be required by the County of Elgin in respect of any permitted move. The Applicant agrees to pay /submit such deposit in the form and of the amount specified by the Director of Engineering Services or an authorized designate. The Applicant and /or the transporter shall at all times be responsible for and shall arrange for repair of any and all damage caused to any County road through the course of any move for which a Permit is granted. 5. Before submitting any Application for an Oversize /Overweight Moving Permit, the Applicant shall arrange for and thereafter maintain and produce evidence of paid up property damage and public liability insurance of not less than $5,000,000.00 coverage for the period during which the Permit is to be effective, in respect of which policy of insurance the Corporation of the County of Elgin is to be named as an additional insured. 6. This Permit is not valid: a) On roads other than County roads under the jurisdiction of the Corporation of the County of Elgin and as defined and identified pursuant to the Elgin County Road Consolidating By -Law, as amended; b) At any time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on such County road are not clearly visible at a distance of 150 metres; c) Between one half hour before sunset and one half hour after sunrise; and d) On any Saturday, Sunday, or statutory holiday. 7. This Permit is valid: a) Between one half hour after sunrise and one half hour before sunset; and b) On each Monday through Friday of the calendar year save and except for any statutory holiday falling on those days. 8. Overweight Permits are not valid and will not be issued during the months of March and April or at any other date where "half load" season is in force. 9. This Permit must be produced on demand of a police officer or an officer appointed for carrying out the provisions of the Highway Traffic Act (Ontario). 10. This Permit is issued on the condition the Permit holder accepts responsibility for any and all damage that may be caused to overhead wires, structures, roads, infrastructure, signs or railway right -of -ways. The Permit holder must obtain the necessary approvals from all encroachments and /or any provincial or municipal Permits required for the proposed routes. 11. The load /vehicle for which an Overweight/Oversize Moving Permit is issued shall be configured in compliance with the following rules: a) Where Permit required due to excess height articles not to be loaded one on top of the other. b) Where Permit required due to excess width articles not to be loaded side by side or crosswise. c) Where Permit required due to excess length articles not to be loaded one behind the other and, in the event of any overhang over the rear of the support vehicle and trailer, such overhang shall not exceed 4.65 metres from the centre of the rear most axle. d) Where Permit required due to excess weight only one article permitted when crossing bridges, vehicles over 45,400 kg gross weight must be operated at lowest practicable speed bridge postings and load restrictions pursuant to Part 8 of the Highway Traffic Act (Ontario) shall apply. 12. Vehicles and loads in excess of the width and /or length prescribed under Section 109 of the Highway Traffic Act (Ontario) shall be marked with four or more flags, one as near as practicable to each corner of the vehicle or load. The flags shall be bright red or orange in colour and shall be not less than 40 cm X 40 cm square. Where a vehicle or load is wider at any point or points on either side than at the corner, it shall, where practicable, be so marked with such a flag at the widest point on each side. a) LoadNehicle Width 2.61 m to 3.99 m 4.0 m to 4.99 m 5.0 m and greater b) LoadNehicle Length 23.01 m to 36.75 m 36.76 m to 45.74 m 45.75 and greater 8 13. Vehicles and loads in excess of the length prescribed under Section 109 of the Highway Traffic Act (Ontario) shall, in addition to the flags required under Condition 11, display on the rear, in a clearly visible position, a sign bearing the words "LONG LOAD" in black letters at least 200 mm wide with lines forming the letters at least 30 mm wide on a yellow background. The sign to be removed or covered when not in use. 14. Private and /or police escort shall accompany any overweight/oversize load and /or vehicle where such load and /or vehicle exceeds the dimensions set forth below: Escort Requirement No escort required Private escort required Police escort required Escort Requirement No escort required Private escort required Police escort required Where escort vehicles are required, the following rules apply: a) The escort vehicle or vehicles shall be operated by a person not less than 18 years of age licensed to operate a motor vehicle in the Province of Ontario. b) The escort vehicle or vehicles shall not have more than 2 axles and a wheelbase length of not less than 2.65 metres and shall be equipped with an amber flashing roof light visible from the front and rear for a distance of at least 150 metres and shall precede on a two lane roadway or follow on a four lane roadway at a distance of 60 to 150 metres and shall bear a sign clearly visible for a distance of at least 150 metres, "CAUTION OVERSIZE LOAD FOLLOWS" or "CAUTION OVERSIZE LOAD AHEAD" as the case may be in black letters at least 200 mm high with lines forming the letters at least 30 mm wide on a yellow background. The sign to be removed or covered when not in use. c) When escorting a load /vehicle in excess of 4.00 metres in width, the escort vehicle or vehicles and towing vehicles shall be equipped with a working two -way radio communication device permitting inter communication between vehicles. d) All escort vehicle or vehicles shall be equipped with a fire extinguisher in effective working order and at least six 45 cm (18 traffic cones. e) All units involved in the permitted move, including load vehicle and escort vehicles, will be operated with headlights activated when traveling on a County road. 15. This Permit may be terminated at the discretion of the Director of Engineering Services or an authorized designate for the breach of any condition of this Permit.