2018 Pennsylvania Consolidated Statutes
Title 75 - VEHICLES
Chapter 49 - Size, Weight and Load
Section 4902 - Restrictions on use of highways and bridges
(a) Restrictions based on condition of highway or bridge.--
(1) The Commonwealth and local authorities with respect to highways and bridges under their jurisdictions may prohibit the operation of vehicles and may impose restrictions as to the weight or size of vehicles operated upon a highway or bridge only when they determine by conducting an engineering and traffic study as provided for in department regulations that the highway or bridge may be damaged or destroyed unless use by vehicles is prohibited or the permissible size or weight of vehicles is reduced.
(2) School buses, emergency vehicles and vehicles making local deliveries or pickups may be exempted from restrictions on the use of highways imposed under this subsection.
(3) The department may issue a statement of policy, which shall take effect upon publication in the Pennsylvania Bulletin, adopting an appropriate methodology to provide letters of local determination that identify particular vehicles, routes or uses as local in nature.
(4) The methodology under paragraph (3) may allow for exemptions from 67 Pa. Code Ch. 189 (relating to hauling in excess of posted weight limit) related to the at-risk industry of logging or other forest products experiencing a 20% decline in Statewide employment between March 2002 and March 2011, as determined by the Department of Labor and Industry.
(5) The exemptions and related requirements under paragraph (4) may remain in existence only until December 31, 2023. Exemptions for local delivery or pickup may not include traffic going to or coming from a site at which minerals, natural gas or natural resources are developed, harvested or extracted, notwithstanding whether the site is located at a residence, a commercial site or on farmland. Delivery or pickup of logs or other forest products to or from permanent processing mills located on or reachable only through posted highways shall be considered local delivery or pickup. Delivery or pickup of coal to or from permanent coal reprocessing or preparation plants located on or reachable only through posted highways and not on the same posted highway as a site at which coal is extracted shall be considered local delivery or pickup.
(b) Restrictions based on traffic conditions.--The Commonwealth and local authorities with respect to highways and bridges under their jurisdictions may prohibit the operation of vehicles and may impose restrictions as to the weight or size of vehicles operated upon a highway or bridge whenever they determine that hazardous traffic conditions or other safety factors require such a prohibition or restriction. School buses, emergency vehicles and vehicles making local deliveries or pickups may be exempted from restrictions on the use of highways imposed under this subsection.
(c) Permits and security.--
(1) The Commonwealth and local authorities may issue permits for movement of vehicles of size and weight in excess of restrictions promulgated under subsections (a) and (b) with respect to highways and bridges under their jurisdiction and may require such agreement or security as they deem necessary to cover the cost of repairs and restoration necessitated by the permitted movement of vehicles. In reference to subsection (a), the Commonwealth and local authorities shall not refuse to issue a permit with respect to a highway under their jurisdiction if there is no reasonable alternate route available. For purposes of this section, "reasonable alternate route" shall mean a route meeting the criteria set forth in department regulations relating to traffic and engineering studies.
(2) The department may establish the types of permits to be issued and agreements to be entered into, subject to the following:
(i) Permits may be for long-term or short-term use of the posted highways.
(ii) The department may require multiple vehicles traveling to or from a single destination to operate pursuant to a single permit.
(iii) The department may establish a permit type allowing the posting authority to determine that damage to the posted highway covered by the permit will be minimal. This type of permit may include categories based on the number and kinds of loads expected, including a category providing that use of the posted highway under a single minimum-use permit of less than 700 loads per year shall not require an agreement or security. The department may alter the 700 loads per year minimum-use threshold if it determines the structural capacity of the State highways can accept a higher or lower amount of over-posted weight traffic. The department may express the threshold as a loads-per-day, loads-per-week or loads-per-month number.
(iv) The department may restrict use of de minimis and minimum-use permits during thaw periods as determined by the department.
(v) The department shall exclude hauling related to unconventional oil and gas development from minimum-use status based on its disproportionate and qualitatively different impact upon highways and bridges.
(3) The department shall promulgate regulations to implement this section. During the two years immediately following the effective date of this section, the department may promulgate temporary regulations, which shall expire no later than three years following the effective date of this paragraph or upon promulgation of final regulations, whichever occurs first. Temporary regulations promulgated by the department under this paragraph shall not be subject to any of the following:
(i) Sections 201, 202 and 203 of the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law.
(ii) The Act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.
(d) Designation of alternate routes.--
(1) In conjunction with the exercise of the powers set forth in subsections (a) and (b), the Commonwealth may designate alternate routes for vehicles in excess of specified weights or sizes. Such alternate routes may utilize portions of the Pennsylvania Turnpike.
(2) In conjunction with the exercise of the powers set forth in subsection (c), when refusing to issue a permit with respect to a highway under their jurisdiction, the Commonwealth and local authorities may conduct or cause to be conducted an alternate route study. The elements of an engineering and traffic study conducted to designate an alternate route pursuant to this section shall consist of the same elements found in department regulations.
(e) Erection of signs.--The Commonwealth and local authorities shall erect or cause to be erected and maintained restriction signs designating the restrictions within 25 feet of each end of a bridge or portion of highway restricted as provided in subsection (a) or (b). In the case of a restriction on a bridge or on a highway which does not begin or end at an intersection with an unrestricted highway, the Commonwealth or local authorities shall also place an advance informational sign at the intersection nearest each end of the restricted bridge or portion of highway which would allow drivers to avoid the restricted bridge or portion of highway. No person shall be convicted of violating subsection (a) or (b) unless the restriction sign designating the restricted bridge or portion of highway to traffic moving in the direction the person was driving was posted as required in this subsection. However, failure to post the restriction sign designating the restricted bridge or portion of highway to traffic moving in the opposite direction or failure to post any advance informational sign shall not constitute a defense to a violation of this section.
(f) Actions to be in accordance with department regulations.--All actions taken under authority of this section shall be taken in accordance with department regulations.
(f.1) Local ordinances superseded.--Notwithstanding any other provision of law, local authorities are prohibited from enacting or enforcing ordinances inconsistent with the provisions contained in this section.
(g) Penalty.--
(1) Any person operating a vehicle or combination upon a highway or bridge in violation of a prohibition or restriction imposed under subsection (a) is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of $75, except that any person convicted of operating a vehicle with a gross weight in excess of a posted weight shall, upon conviction, be sentenced to pay a fine of $150 plus $150 for each 500 pounds, or part thereof, in excess of 3,000 pounds over the maximum allowable weight.
(2) Any person operating a vehicle or combination in violation of a prohibition or restriction imposed under subsection (b) is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of not more than $500.
(h) (Reserved).
(i) Authority to conduct investigations and audits.--The Commonwealth and local authorities may conduct or cause to be conducted an investigation and audit of a person or entity to determine if there has been a violation of this section, pertinent regulation or agreement. Audits shall be limited to proper usage of letters of local determination and de minimis and minimum-use permits.
(j) Authority to suspend, revoke or deny permits.--The Commonwealth and local authorities may suspend, revoke or deny a permit and agreement if it is determined by the Commonwealth or a local authority that there has been a violation of this section, pertinent regulation or agreement, notwithstanding any other provision of this section.
(June 18, 1980, P.L.229, No.68, eff. 60 days; Dec. 21, 1998, P.L.1126, No.151, eff. 60 days; June 22, 2001, P.L.411, No.33, eff. 60 days; May 11, 2006, P.L.161, No.38, eff. 60 days; Nov. 25, 2013, P.L.974, No.89, eff. imd.; Oct. 24, 2018, P.L.725, No.115, eff. imd; Oct. 24, 2018, P.L.881, No.138, eff. 60 days)
2018 Amendments. Acts 115 and 138 amended subsec. (a)(4) and (5). The amendments by Acts 115 and 138 are identical and therefore have been merged.
2013 Amendment. Act 89 amended subsecs. (a) and (c) and added subsecs. (h), (i) and (j). See the preamble to Act 89 in the appendix to this title for special provisions relating to legislative findings and declarations.
2006 Amendment. Act 38 amended subsec. (g)(2).
Cross References. Section 4902 is referred to in sections 4943, 4963, 6506 of this title.
