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By-law No. 2009-072 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2009-072 A BY-LAW TO REGULATE THE MOVEMENT OF OVER-DIMENSIONAL VEHICLES ON MUNICIPAL ROADS WHEREAS Subsection 110 (1) of the Highway Traffic Act R.S.O. 1990 Chapter H.8 as amended, provides that "The municipal corporation or other authority having jurisdiction over the highway may, upon application in writing, grant a permit for use of the highway by a vehicle or combination of vehicles in excess of the dimensional limits set out in section 109 or the weight limits set out in Part VIII in order to allow the movement of, (a) a load, object or structure that cannot reasonably be divided and moved within those limits; (b) a vehicle that cannot reasonably be divided and moved within those limits and that is not itself carrying a load, object or structure or drawing or carrying a vehicle; (c) a vehicle or combination of vehicles that is used exclusively to move a load, object or structure or to draw or carry a vehicle as described in clauses (a) and(b). " AND WHEREAS Subsection 110 (2) of the said Highway Traffic Act provides that "The permit referred to in subsection (1) may be general, or may limit the time and the particular highway that may be used, and may contain conditions relating to the protection of persons and property from injury or damage and the municipal corporation or other authority may require a bond or other security sufficient to cover the cost of repairing any possible damage to the highway." AND WHEREAS the Council of the Municipality of Bayham deems it necessary and expedient to establish a permit system to regulate the movement of over-dimensional vehicles on municipal roads. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICPALITY OF BAYHAM ENACTS AS FOLLOWS: DEFINITIONS 1. In this by-law: "axle" means an assembly of two or more wheels whose centres are in one transverse vertical plane and which are transmitting weight to the highway; "combination vehicle"means more than one vehicle, including load, that are coupled together; "emergency vehicle" means a vehicle or combination of vehicles which provide any emergency service and includes an ambulance, a fire truck, or a police vehicle; "gross weight"means the combined weight of vehicle and load; "highway" includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the areas between the lateral property lines thereof; "Highway Traffic Act"means the Highway Traffic Act, R.S.O. 1990, Chap. H.8, as amended; "multiple-trip over-dimensional vehicle permit" means a permit issued by the Municipality to allow movement of over-dimensional vehicles, subject to specified restrictions, for a period of up to six (6)months from the date of issue; "municipal service vehicle" means any vehicle owned by the Municipality or operated by employees of the Municipality and shall include any vehicle contracted by the Municipality for the purpose of providing municipal services; "Municipality"means the Corporation of the Municipality of Bayham or the geographic area as the context requires; "over-dimensional vehicle"means any combination of vehicle and load having a width, length, height or weight in excess of the limits provided for in the Highway Traffic Act; "over-dimensional vehicle permit" includes an annual over-dimensional vehicle permit, a project over-dimensional vehicle permit and a single-trip over-dimensional vehicle permit; "Public Works Manager" means the head of the Municipality's Public Works Department or authorized assistants; "reduced load periods" means the period of time weight loads may be reduced on Municipal highways; "single-trip over-dimensional vehicle permit" means a permit issued by the Municipality to allow movement of a specific over-dimensional vehicle, subject to specified restrictions, for a one-time trip of limited duration on specified Municipal roads; "traffic management plan" means a standard document outlining the particulars of the proposed movement of an over-dimensional vehicle or vehicles that is submitted to the Municipality for approval; "trailer" means a vehicle that is at any time drawn upon a highway by a motor vehicle, except an implement of husbandry, a mobile home, another motor vehicle or any device or apparatus not designed to transport persons or property, temporarily drawn, propelled or moved upon such highway, and except a side car attached to a motorcycle, and shall be considered a separate vehicle and not part of the motor vehicle by which it is drawn; and "vehicle" includes a motor vehicle, trailer, traction engine, farm tractor,road building machine, bicycle and any vehicle drawn, propelled or driven by any kind of power, including muscular power,but does not include a motorized snow vehicle or a street car. INTERPRETATION 2. (1) Headings are for reference purposes and shall not affect in any way the meaning or interpretation of the provisions of this by-law. (2) This by-law includes the Schedules annexed hereto and the Schedules are hereby declared to form part of this by-law. (3) It is declared that if any section, subsection or part or parts thereof be declared by any Court of Law to be bad, illegal or ultra vires, such section, subsection or part or parts shall be deemed to be severable and all parts hereof are declared to be separate and independent and enacted as such. (4) In this by-law, a word interpreted in the singular number has a corresponding meaning when used in the plural. (5) In this by-law,the following abbreviations stand for the words opposite thereto: (a) "m" stands for metre; and (b) "kg" stands for kilogram. OVER-DIMENSIONAL VEHICLE MOVEMENTS 3. (1) Except as provided in Section 4, no person shall move an over-dimensional vehicle on any Municipal road without having obtained an over-dimensional vehicle permit. (2) The provisions of this by-law shall not apply to the following categories of vehicles: i) emergency vehicles ii)municipal service vehicles EMERGENCY MOVEMENTS 4. Subject to Sections 5 to 7 inclusive, movement of an over-dimensional vehicle may occur without regard to the provisions of this by-law in emergency situations affecting public safety or health. 5. Where an emergency movement has been made, the person making the movement shall, on the same day the movement is made, or if the municipal offices are closed, no later than the start of the next working day, notify the Municipality by telephone the of the following: (a)the name of the contractor or company making the movement; (b)the nature of the vehicle and movement; (c) the locations and route of the movement; (d) the estimated duration of the movement; and (e) the reason for proceeding without obtaining a permit. 6. The Municipality may require any or all information to confirm the validity of an emergency over-dimensional vehicle movement. 7. Where a movement has proceeded under Section 4, an over-dimensional vehicle permit shall be applied for on the same day the movement is commenced, or if the office of the municipal office is not open for the issuance of permits, on the morning of the next day on which the office is open. OVER-DIMENSIONAL VEHICLE PERMIT - GENERAL S. The Municipality retains the right to not issue an over-dimensional vehicle permit, if, in the opinion of the Municipality, for reasons of public health, safety or protection of infrastructure a permit should not be issued. 9. The Municipality may direct or alter the proposed route of the over-dimensional vehicle or timing of the movement in order to maximize public safety and infrastructure protection. 10. Over-dimensional vehicles shall be reduced to the minimum practical size and weight. 11. When applying for an over-dimensional vehicle permit, the applicant shall, (a) complete the prescribed application form attached hereto as Schedule "A"; (b) provide to the Municipality such information as may be required including, but not limited to, detailed vehicle dimensions, number of axles and axle spacing, tire width, gross vehicle weight and weight distribution; (c) file the completed application together with the non-refundable permit fee indicated in Schedule"B"to this by-law; (d) where applicable, file the traffic management plan described in Section 29; and (e)provide the indemnification and insurance as described in Section 34. 12. An over-dimensional vehicle permit shall not be issued until, (a)the permit fee or fees required by paragraph 11(c)have been paid; and (b) proof has been provided that the person applying for the permit is the owner of the vehicle or a duly authorized representative of the owner. (c)the insurance and deposit described in Sections 34 and 35 are submitted to the Municipality. 13. An over-dimensional vehicle permit is not transferable and shall apply only to a specific vehicle or vehicles. 14. An over-dimensional vehicle permit is not valid during reduced load periods, unless specified on the permit. 15. Over-dimensional permits are not valid for passage over bridges or roads on which signage is displayed indicating restricted loads or gross weights. 16. The limits imposed by Sections 8 to 14 inclusive shall not apply where movement of an over- dimensional vehicle or vehicles is undertaken pursuant to the emergency movement provisions in Section 4. 17. Multiple-trip or single-trip over-dimensional vehicle permits may be issued for an over- dimensional vehicle at the sole discretion of the Municipality with due consideration to public safety and infrastructure protection. Multiple-trip permits may be issued for a period of up to 6 months from the date of issue. 18. A description of the transportation requirements for the load and any other information that in the opinion of the Municipality is necessary shall be provided with the permit application. 19. A minimum of 10 working days is required to process a permit application. PERMIT DATES/TIMES 20. Over-dimensional vehicle permits issued pursuant to this by-law are not valid: (a) at any time when, due to insufficient light or unfavourable conditions persons or vehicles on the road cannot be clearly seen at a distance of 150 metres or less, (b)between one-half hour after sunset and one-half hour before sunrise, (c)on any Saturday, Sunday, or Statutory Holiday. REDUCED LOAD PERIODS 21. Over-dimension permits are not valid for overweight vehicle movements on highways during any time that such highways are subject to reduced load periods. REVOCATION OF PERMIT 22. The Municipality may revoke an over-dimensional vehicle permit issued under this by-law if it was issued on mistaken, false or incorrect information, if it was issued in error, or if the holder thereof is in contravention of this By-law. RELATION OF OTHER BY-LAWS AND REGULATIONS 23. Nothing in this by-law shall exempt any person from complying with the requirements of any other by-law in force within the Municipality, or with any other restrictions lawfully imposed by an authority having jurisdiction to make such restrictions or from applying for and obtaining any permit, license,permission or approval required under the Highway Traffic Act. OTHER APPROVALS 24. The applicant will obtain all approvals as applicable including but not limited to the Ontario Provincial Police, Hydro One, Local Telephone, Fire and Emergency Services. QUALIFICATION OF MEASUREMENTS 25. Calculations used in determining the length, width, height and weight of over-dimensional vehicles shall be made in accordance with the Highway Traffic Act and its Regulations. PRODUCTION OF PERMIT 26. The driver of an over-dimensional vehicle on a highway shall produce a true copy of an over- dimensional vehicle permit, when so demanded by a police officer or an officer appointed by the Municipality for carrying out the enforcement of this by-law. PRODUCTION OF VERIFICATION 27. In addition to any over-dimensional vehicle permit required by the Municipality, the driver of an over-dimensional vehicle on a highway shall produce a true copy of the verification of the weight of the vehicle when so demanded by a police officer or an officer appointed by the Municipality for carrying out the enforcement of this by-law. POWER TO VERIFY DIMENSIONS AND WEIGHT 28. Where a police officer or officer appointed to carry out the enforcement of this by-law has reasonable or probable grounds that the weight or dimensions of a vehicle may exceed the requirements of this by-law, he or she may weigh the same by means of either a portable or stationary scales or may require the vehicle to be driven to the nearest weigh scales, and he or she may measure the dimensions of the vehicle by using a measuring tape or other measuring device TRAFFIC MANAGEMENT PLAN 29. (1)The Municipality may require, in its sole discretion, a traffic management plan in support of an application for an oversize vehicle permit. For all applications for an overweight vehicle permit, the Municipality will require that a civil engineer certify the appropriateness of the proposed route, by making all necessary enquiries about the suitability and capacity of road facilities. Such engineer's certificate would form part of this permit. (2) The traffic management plan shall include in detail all aspects of the intended move as directed by the Municipality and shall be undertaken at the sole expense of the applicant. The traffic management plan may contain one or more of the following components as determined by the Municipality: (a) the date or dates and the proposed time of the move; (b) a detailed route survey indicating all appropriate locations for road closures, pull-over areas to permit relief of traffic congestion, emergency parking, fuel stops, significant turning movements, contingency plans for breakdown, escort services including any requirement for a police escort and any anticipated roadside related activities; (c) an engineering evaluation of the road surface and structure; and (d) an engineering evaluation of any bridge or culvert to be crossed along the route. (3) Engineering evaluations required pursuant to Subsections (c) and(d) shall be provided by a qualified professional engineer and findings presented to the Municipality in a format suitable for review by staff. (4) Where repairs or improvements to a road base or surface are required prior to the proposed movement of a vehicle or load, the road surface shall be reinforced at the cost of the applicant, including ancillary expenses such as utility relocation, traffic control, temporary structure removal and site restitution following the move. (5) Where strengthening or reinforcement of a bridge or bridges is required prior to the proposed movement of a vehicle or load, the bridge or bridges shall be strengthened or reinforced at the sole cost of the applicant including ancillary expenses such as utility relocation, traffic control,temporary structure removal and site restitution following the move. (6) A copy of the proposed road or bridge strengthening or reinforcement design shall be submitted to the Municipality in a format acceptable for review by staff. (7) The Municipality may modify the traffic management plan and may direct the movement of the vehicle and load to a specific highway route and may impose any other requirements, which are deemed to be in the interest of public safety and infrastructure protection. VEHICLE ESCORT 30. (1) Unless otherwise waived by the Municipality, a police escort shall be required for an over- dimensional vehicle where: (a) the width of the vehicle including load exceeds 5m; (b) the vehicle or load exceeds 45.75m in length; or (2) Where a police escort is required, the escort shall include police patrol vehicles to the front and to the rear of the over-dimensional vehicle and shall be on a cost-recovery basis to the police service and is subject to such other conditions as may be imposed by the police service conducting the escort. 31. Unless otherwise waived by the Municipality, a private escort of one vehicle shall be required for an over-dimensional vehicle where: (a) the width of the vehicle including load is between 4.0 m and 4.61 m; (b) the vehicle or load is between 30.0 m and 45.75 m in length or the length of the overhang exceeds 4.65 m; or (c)the height exceeds 4.26 m. 32. Despite Section 31, if the width of the vehicle or load is between 4.61 m and 4.99 m, two private escort vehicles are required. DAMAGE TO PROPERTY OR INFRASTRUCTURE 33. Where damage to public property or infrastructure occurs as a result of the movement of an over-dimensional vehicle on a highway or over or under a bridge, the Municipality shall be compensated by the permit holder for the cost of any repairs including engineering and legal costs. INDEMNIFICATION/INSURANCE 34. (a) An over-dimensional vehicle permit is issued subject to the condition that the permit holder, his heirs, executors, and assigns shall indemnify the Municipality and each of its officers, agents, servants and workmen from all causes of action, loss, costs or damages arising from the movement, non-movement or imperfect movement of over-dimensional vehicles as authorized by this by-law whether with or without negligence on the part of the permit holder or the officers, agents, servants or workmen of the permit holder. (b) The applicant shall purchase and maintain third part liability insurance acceptable to the Municipality of Bayham throughout the term of this permit. Such coverage shall protect the Municipality against all claims for all damages or injury including death to any person or persons and for damage to any property of the Municipality or any other public or private property resulting from or arising out of any act or omission on the part of the applicant or any of his or her servants or agents, during the time that the applicant is moving along or across any area municipal road. Coverage shall consist of a comprehensive policy of public liability and property damage insurance in an amount not less than $5,000,000 per occurrence. Such insurance shall name the Municipality of Bayham as additional insured thereunder. Such insurance shall be extended to include the following endorsements: Blanket Contractual Liability and Cross Liability with a Severability of Interests Clause. Such insurance shall state that coverage will not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty(30) days prior written notice by certified mail to the Municipality. The applicant shall purchase and maintain automobile third party liability insurance in the amount of $5,000,000 acceptable to the Municipality throughout the term of the permit covering all owned, leased and non-owned automobiles used in connection with the activities governed by this Permit. The applicant must submit a Certificate of Insurance evidencing the coverage stated in the Insurance provisions. DAMAGE DEPOSIT 35. The applicant will deliver a certified cheque payable to the Municipality of Bayham in the amount of one thousand dollars ($1,000.00). This cheque will be cashed, and any costs incurred by the Municipality for accompanying the move or repairing any possible damage to the highway or other costs associated with the move will be deducted from the amount. For all overweight vehicle permits, the Municipality will require the applicant produce an insurance policy to cover the costs of any possible damage to municipal roads and property. ENFORCEMENT 36. This by-law shall be enforced by the Ontario Provincial Police and the By-law Enforcement Officers of the Municipality. OFFENCES 37. Every person who contravenes any of the provisions of this by-law is guilty of an offence. PENALTIES 38. Every person who is convicted of an offence under this by-law is liable to a fine as provided for in the Highway Traffic Act. PROHIBITION ORDER 39. When a person has been convicted of an offence under this by-law: (a)the Ontario Court of Justice, or (b) any court of competent jurisdiction thereafter may, in addition to any other penalty imposed on the person convicted, make an order prohibiting the continuation or repetition of the offence by the person convicted. SHORT TITLE 40. This by-law may be referred to as the"Over-dimensional Vehicle By-law". READ A FIRST, SECOND AND THIRD TIME and finally passed this 21st day of May,2009. A A �i 2h MA'O R CL RK Schedule "A" 4-0 8,/z_ „pp. .0 po�u�ity*YsYo Information Relating to Moving Oversize Load/Weight Vehicles on Municipality of Bayham Roads The Highway Traffic Act, K.S.U. 1990 Chapter H. 8 limits the size and weight of vehicles traveling on highways including Municipality of Bayham Roads. Under certain conditions and circumstances, permits may be issued permitting the moving of vehicles which exceed the size and/or weight limits. The following permit application is for persons wishing to make application to the Municipality of Bayham for permission to travel local roads with an oversize/overweight vehicle. The information applies only to roads under the jurisdiction of the Municipality of Bayham and it is the responsibility of Vehicle owner and/or operator to obtain approvals as may be required from the Ministry of Transportation, County of Elgin, or other authorities as applicable. 1. ,0'.` 7 �7 '"� ►; MUNICIPALITY OF BAYHAM • oA l( � , OVERSIZE LOAD PERMIT p° tUnity IsY° a Application and permit to move oversize loads with the Municipality of Bayham By-law No.—of a-,as amended. The original of this permit must accompany the vehicle and be produced upon demand of a police officer or an officer appointed for carrying out the provisions of the Highway Traffic Act or of a Municipal Law Enforcement Officer. Name of Applicant(Finn): Contact Name: Address: Phone: Fax: Request permission to move or operate- Load/Vehicle: perat -Load/Vehicle: Height: Width: Length: Gross Weight: Vehicle Identification Number: Movement to take place on: between the hours of: Blanket Permit: Yes No Dates for Blanket Permit: Movement to take place within the Municipality of Bayham: From To Via route (attach diagram of route to be used): to Declaration: I/we understand that under the provisions of subsection 5 of Section 110 of the Highway Traffic Act, the owner, operator, or mover of a heavy vehicle, load, object, or structure who has obtained a permit is nevertheless responsible for all damages that may be caused to the highway, encroachments, or railway right-of-way by reason of the driving, operating, or moving of any such heavy vehicle, load, object or structure. The applicant certifies that the information contained in this application is true and acknowledges and accepts that the responsibilities imposed by law on the applicant in relation to the operation of a commercial motor vehicle under the authority of the permit issued pursuant to this application. Permits are invalid if false information is given. Applicants Signature: _ Date: Approved— Municipality of Bayham: Date: _ Signature of Authority This permit is valid only within the boundaries of the Municipality of Bayham on the date specified and along the route identified herein. COLLECTION NOTICE Personal information requested on this form is collected under the authority of the Municipal Act and will be used to assist Municipal staff in making a decision on this Permit. General Conditions(Note: The following is for reference only. Refer to By-Iaw No.—for all permit requirements) 1. The applicant will obtain all approvals as applicable including but not limited to the Ontario Provincial Police, Hydro One,Local Telephone. 2. The following noted conditions must be met before a permit will be issued: ▪ The applicant must submit a Certificate of Insurance evidencing the coverage stated in the Insurance provisions below. • The applicant will deliver a certified cheque payable to The Municipality of Bayham in the amount of one thousand dollars ($1,000.00). This cheque will be cashed, and any costs incurred by the Municipality for accompanying the move or repairing any possible damage to the highway or other costs associated with the move will be deducted from the amount. The Municipality may require the applicant produce an insurance policy to cover the costs of any possible damage to municipal roads and property. 3. The Municipality may require, in its sole discretion, a traffic management plan in support of an application for an oversize vehicle permit. For all applications for an overweight vehicle permit, the Municipality will require that a civil engineer certify the appropriateness of the proposed route, by making all necessary enquiries about the suitability and capacity of road facilities, such engineer's certificate would form part of this permit. 4. It is the applicants' responsibility to arrange for any private or police escort. 5. If it is necessary to cross a sidewalk or curbing with the load mentioned herein, the applicant will cover said sidewalk or curbing with 10 cm(4")planking; 6. The applicant, his or her heirs, executors, administrators and assigns will indemnify and save harmless The Municipality of Bayham from any and all claims, demands, suits, actions and judgments made, brought or recovered against the municipality and from all loss, costs, damages, charges or expenses that may be incurred, sustained or paid by the municipality by reason of granting of the Oversize Load Permit. The indemnity provisions of this Agreement shall survive the termination of the Agreement; 7. The Municipality of Bayham reserves the right to cancel its permission at any time without notice. Permission is limited to the date and hours specified on this permit. The Municipality of Bayham shall have the right to remove the load from the road at the mover's expense in the event of a breakdown or other obstruction of road which is not in accordance with this permit; 8. The permit holder and driver are responsible for compliance with all municipal by-laws and provincial or federal laws including but not limited to the Highway Traffic Act and its regulations, and other laws in respect of the vehicle and load. This permit is not authorization to contravene such laws, and in particular any dimensional and/or overweight load. 9. This permit is not valid for passage over bridges or roads on which signage is displayed indicating restricted loads or gross weights. INSURANCE: The applicant should submit a copy of this Permit to his or her Insurance Company to ensure that a proper Certificate of Insurance is produced. If applicable, the applicant shall purchase and maintain third part liability insurance acceptable to the Municipality of Bayham throughout the term of this permit. Such coverage shall protect the Municipality against all claims for all damages or injury including death to any person or persons and for damage to any property of the Municipality or any other public or private property resulting from or arising out of any act or omission on the part of the applicant or any of his or her servants or agents, during the time that the applicant is moving along or across any area municipal road. Coverage shall consist of a comprehensive policy of public liability and property damage insurance in an amount not less than $5,000,000 per occurrence. Such insurance shall name the Municipality of Bayham as additional insured thereunder. Such insurance shall be extended to include the following endorsements: Blanket Contractual Liability and Cross Liability with a Severability of Interests Clause. Such insurance shall state that coverage will not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail to the Municipality. The applicant shall purchase and maintain automobile third party Iiability insurance in the amount of $5,000,000 acceptable to the Municipality throughout the term of the Agreement covering all owned, leased and non-owned automobiles used in connection with the activities governed by this Permit. The Municipality of Bayham reserves the right to modify the insurance requirements as deemed suitable. 0 .8/4 A. e), O7a . SCHEDULE "B " PERMIT FEES Annual Permit $500 Single Trip Permit $200