HomeMy WebLinkAboutBy-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"
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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°
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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