10.52.040 Transportation permit, application and fees

10.52.040 Transportation permit, application and fees.

A. Purpose. The city of Wasco finds and declares that, due to their heavy weight and size, large commercial trucks and vehicles place extraordinary demands on city streets and deteriorate pavement, cause increased traffic safety concerns and risk of accidents, degrade the level of service at traffic lights due to their size, and cause increased noise and traffic impacts on congested roads in the city. The purpose of the ordinance codified in this chapter is to amend Chapter 10.12 of Title 10 of the Wasco Municipal Code pertaining to commercial vehicle regulation to address these concerns. Chapter 10.12 is being amended to authorize the city council to designate truck routes by resolution, and to revise applicable fines and fees.

B. Authority. Under the appropriate authority of Division 15, Chapter 5, Article 6 of the California Vehicle Code (CVC), the department of public works may, at its discretion, issue special permits to operate, move a vehicle or combination of vehicles, or special mobile equipment of a size, weight, vehicle or load exceeding the maximums specified in the CVC. Except as specifically provided herein, the requirements of the CVC, including vehicle registration requirements, signing (CVC 27900) and other applicable laws, must be fully complied with.

C. Permit Display and Possession. The permit shall be displayed on the lower right hand side of the front windshield at all times. The permit shall be carried in the vehicle to which it refers at all times while the vehicle is in movement, and shall be open for inspection by any peace officer, traffic officer, authorized agent of the department of public works, or any other officer or employee charged with the care and protection of the highways (CVC 35783).

D. Routing. Permit holder agrees to follow the routing specifications below:

1. Any route originating within city limits may use any major arterials necessary to complete the move.

2. Any route with a destination within city limits may use any major arterials necessary to complete the move.

E. Permissible Hours of Operation. Permit holder agrees to follow such hours as specified below:

1. No moving will be permitted between the morning hours of seven a.m. to nine a.m.

2. No moving will be permitted between the afternoon hours of three-thirty p.m. to six p.m.

3. No moving will be permitted on weekends, holidays, after sundown, or before sunrise.

4. All other travel shall comply with county guidelines.

F. Insurance. Permit holder agrees to maintain an appropriate level of liability insurance and workers’ compensation during the term of the permit, subject to city verification. Permit holder also agrees to list the city as additional insured.

1. Validity of Permit. This permit is valid only for movement on the assigned roadways and as approved by the department of public works, county and/or other city permits. The appropriate permit must be secured for travel on roads and streets under the respective jurisdiction of the permit. Annual permits are allowed only in the original form. No reproduced copies are allowed. An "authorized facsimile copy" of a single-trip permit is acceptable provided that the permit lists the vehicle license number under "type of vehicle."

2. Void Permit. This permit is null and void and declared nonexistent:

a. If any portion, part or section is illegible;

b. If it is not signed by an authorized representative;

c. If any portion, part or section has been altered or if an attempt to alter it is apparent;

d. If presented in the form of a reproduced copy, other than an "authorized facsimile copy";

e. If used to represent proper authority for carrying a load and/or moving a vehicle which is not specifically described on the face of the permit;

f. If used to represent proper authority for carrying a load or moving a vehicle by any company, crew, or equipment not specifically named or organizationally related to the company, agency, or firm to which the permit was issued;

g. If presented without the attachments firmly affixed that are specifically named and required upon the face of the permit;

h. If used to represent proper authority for carrying a load or moving a vehicle before and/or after the times and date authorized.

3. Permit Fee Agreement. Acceptance of this permit constitutes an agreement by the permit holder to observe and comply with all of the general and specific conditions on the face of the permit and attachments thereto.

The use of the permit is prima facie evidence that the driver has checked the load and/or vehicle and knows it to be within the limits set forth herein, and has verified the routing accuracy. The vehicle and/or load authorized under each permit is subject to inspection by representatives of the department of public works. The cost of such inspection shall be borne by the permit holder.

4. Repair or Damage. In accepting this permit, the permit holder agrees to repair at his own expense and to the satisfaction of the director of public works, any damage to highway appurtenances or structures for which he is responsible. Work or repair to damaged highway appurtenances or structures may be undertaken by department of public works forces at the option of the director of public works. The cost of such work or repair shall be borne by the permit holder. In the event of damage to city facilities such as bridges, traffic signals, light standards and other appurtenances, a written report must be filed with the department of public works within seventy-two hours of such damage. Failure to file this report will be considered cause for cancellation of all permit privileges pending a satisfactory arrangement with the department for repair or replacement of the damaged facility.

5. Liabilities. The permit holder is responsible for all liability or injury to, or death of any person, or damage to property which may occur through any act or omission of either the permit holder or the city of Wasco arising from the issuance of the permit. In the event any claim, suit or action is brought against the city of Wasco, its officers, employees or agents thereof, by reason, of, or in connection with any such act or omission, permit holder shall defend, indemnify and hold harmless the city, its officers, employees or agents from such claim, suit or action.

6. Overhead Clearance. When the height of load exceeds legal limits, it becomes the responsibility of the permit holder to check all underpasses, bridges, overhead wires or other structures for impaired vertical clearance and to bypass or arrange clearance at such locations.

7. Reducible Loads. The permit is issued for the movement of an "extralegal load" as defined in CVC 320.5 when loaded at its least dimensions. The permit is automatically canceled if the permitted dimensions and weight can be reduced to legal limits by repositioning and/or practical removal of a part, portion, or unit thereof.

Other items may be hauled provided they do not exceed the dimensions of the vehicle or permitted item and the loaded vehicle is of legal axle and gross weights. Overweight permits shall not be issued for items transported on a conventional flat deck trailer unless the deck is needed to support a long fragile load or a long load that would cause unbalanced axle group weights.

8. The Capacity. Permitted axle or axle group weights shall not exceed the rated capacity of vehicle tires except as allowed by Title 13, Article 14, Section 1085 of the California Administrative Code. Said weights shall not exceed the rated capacity of the vehicle tires.

9. Booster Type Axles. A booster axle is an axle, generally, having an air or hydraulic cylinder suspension system that can be actuated independently to assume a portion of the weight that would otherwise be carried by adjacent axles. Booster axles and add-on or "Joe Dog" axles shall not be used in the movement of overweight permit loads.

10. Encroachment. Where practical, the vehicle shall be kept in the far right lane of the highway and shall not encroach on highway shoulders except where necessary to allow trailing traffic to pass.

11. Moving During Darkness. "Darkness" is defined by Section 280 of the CVC as being " ... any time from one-half hour after sunset to one-half hour before sunrise....." Reference to "sunset" and/or "sunrise" on the face of the permit includes this said one-half hour grace period before and after sunrise and sunset. Movement is not allowed when visibility is less than one thousand feet.

12. City-Observed Holidays. The following eleven holidays are observed by the city of Wasco and no commercial truck moving will be allowed within city limits on these days.

New Year’s Eve (December 31), New Year’s Day (January 1), Presidents’ Day (third Monday in February), Memorial Day (last Monday in May), Independence Day (July 4), Labor Day (first Monday in September), Veterans’ Day (November 11), Thanksgiving Day (fourth Thursday in November), Friday following Thanksgiving Day, Christmas Eve (December 24) and Christmas Day (December 25).

13. Movement During Inclement Weather. Movement shall not occur in snow, fog, rain or wind when visibility is restricted to less than one thousand feet. Movement is prohibited when road surfaces are hazardous due to rain, ice, snow or frost, or when use of tire chains is mandatory. No movement shall occur when the velocity of the wind is such that it causes the vehicle being towed to whip or swerve from side to side or fail to follow substantially in the path of the towing vehicle. Any accident caused by excessive wind or weather conditions shall be considered a prima facie violation of this condition.

14. Movement in Convoy. Movement in convoy shall not be permitted unless specified on the face of the permit.

15. Load Signs. All loads or vehicles being moved on city streets which exceed eight feet six inches in width, eighty feet in length, or more than ten feet of overhang shall display appropriate warning signs. Signs shall be posed on front and rear sides of the vehicle and shall read "LONG LOAD" or "OVERSIZE." The "LONG LOAD" sign shall be used whenever overall length exceeds one hundred feet. The "OVERSIZE" sign shall be used for shorter lengths and other oversized features. The more descriptive sign reading "WIDE LOAD," "LONG LOAD," "OVERSIZE LOAD," "EXCESSIVE ERONT OVERHANG," or "EXCESSIVE REAR OVERHANG," may be substituted for the "OVERSIZE" sign when appropriate. The "LONG LOAD" sign shall have preference when length exceeds one hundred feet and other oversize features exist. The lettering shall be a ten-inch minimum height with a one and five-eighths inch minimum brush stroke, and a one-inch margin all around. All signs shall be black letters on a yellow background, mounted at least eighteen inches above the road surface front and rear. Signs shall be neat, clean, legible, mounted securely and visible from straight ahead or behind and to forty-five degrees either side thereof.

16. Pilot Car and Equipment. It shall be the responsibility of the permit holder to ensure that pilot car vehicles and operators are equipped and briefed as to their duties prior to movement. Pilot cars shall be single vehicles with a minimum of sixty inches in width, and may operate with a nondestructive vertical clearance measuring device with height in excess of fourteen feet.

Pilot cars shall be equipped with:

a. One each STOP/SLOW sign with paddle.

b. One each orange vest, shirt or jacket.

c. One each red hand flag (eighteen inches by eighteen inches minimum).

d. Two-way radio communication between the pilot car(s) and the transporting vehicle.

e. Top-mounted flashing amber warning light(s). The lights shall be visible to the front when leading and to the rear when following, and shall be operated at all times when escorting a permit move. Lights shall be removed or covered with opaque material when not escorting movement described on permit (CVC 25270).

f. Neat, clean and legible sign(s) visible from straight ahead or behind and to forty-five degrees either side thereof. The bottom of the sign shall be a minimum of forty-eight inches above the ground. The sign shall read "OVERSIZE" when viewed from the front or rear. The more descriptive signs reading "OVERSIZED LOAD," "WIDE LOAD," or "LONG LOAD" may be substituted for the "OVERSIZED" sign when appropriate. The sign shall have a bright yellow background with black lettering and have a minimum project area of four hundred forty square inches. The lettering shall have a one-inch minimum brush stroke with a six-inch minimum twenty projected letter height.

17. Pilot Car Location and Responsibility. Pilot cars are required when indicated on the permit.

A pilot car shall:

a. Precede the load on two- or three-lane conventional roads and follow on four or more lane conventional highways and divided highways. When two pilot cars are required, one shall precede and one shall follow.

b. Remain right of the centerline of the roadway at all times except when prevented by the physical limitations of the highway. The use of a pilot car does not authorize the permit holder the right to preempt the opposing traffic lane. When it becomes necessary because of physical limitations of the highway to use a portion of the opposing traffic lane, the permit holder shall not occupy the lane until it has been advised by the pilot car that the lane is clear of all oncoming traffic. Opposing traffic is not to be stopped except in extreme emergencies. It shall be the responsibility of the permit holder to stop safely and wait until the opposing lane is free of traffic before proceeding.

c. Maintain proper interval between load and the pilot car to allow passing by other traffic.

d. Accompany the permitted load over all operational roadways.

A pilot car shall not:

e. Preempt opposing traffic.

f. Tow another vehicle while being used as a pilot car.

g. Display the STOP/SLOW sign paddle out of the window of a moving vehicle.

h. Stop opposing traffic except in extreme emergencies.

i. Convoy more than one load at the same time.

When necessary to post a flagger in order to warn and direct traffic, the flagging shall be done in accordance with Title 8, Sections 1598 and 1599 of the California Division of Occupational Safety and Health Construction Safety Orders and Caltrans "Manual of Traffic Controls." Flaggers shall not be less than eighteen years of age.

18. Manufactured Housing Axle Weight. Axis weights for "Manufactured Housing" (CVC 387) shall not exceed six thousand pounds per axle.

19. Manufactured Housing--Tow Vehicle. Tractor units towing manufactured housing as defined in CVC 387 that exceed legal width and up to twelve inches in width shall be equipped with dual rear wheel and shall have an unladen weight as defined in CVC 660 of not less than six thousand five hundred pounds.

Tractor units towing manufactured housing exceeding twelve feet in width shall be equipped as required above with an unladen weight as defined in CVC 660 of not less than nine thousand five hundred pounds.

20. Open Side Covering. Open sided units shall be covered by plywood, hard board or other rigid material. In lieu of rigid material, unsuitable plastics or other flexible material may be used. Billowing or flapping of plastic or flexible side covering in excess of six inches in any one place will not be permitted.

Units open on both sides, such as used for temporary schools, warehouses, offices, etc., may be moved empty with no side coverings.

21. Inspection by Peace Officers. Every driver of an extralegal vehicle, when operating in city of Wasco, shall be subject to CVC 2803 and CVC 2806, and when stopped by any peace officer will submit to inspection to determine compliance with the size, weight, loading and other provisions of the permit.

22. Tow Cars. Disabled legal vehicles or combination of vehicles may be towed on arterials to the nearest place of repair or secure storage area appropriate for the vehicle or load, whichever is closest and most accessible. Combinations may not be towed to their ultimate destination for convenience, unless that destination meets the above criteria.

Disabled legal vehicles or combination of vehicles, when connected to a tow car may exceed legal gross weight. When one end of a truck or truck tractor of legal weight is elevated by a tow car, the drive axles, the tow car and/or the drive axle or axles of the disabled vehicle may exceed legal axle or axle group weight limitations. If any axle or axle group exceeds legal weight, movement is limited to the routes or area shown on the attachment.

23. Towing Permit Loads and/or Vehicles. Disabled vehicles, combination of vehicles or vehicles exceeding width or height limitations or legal dimensions, whose movement is authorized by a transportation permit may be moved only at the direction of a peace officer by authority of a single trip permit issued by the city of Wasco.

a. Any vehicle with an "extralegal load," as the term is defined by California Vehicle Code Section 320.5, which cannot be reasonably reduced in size or weight so that it can be legally transported without a permit as provided by California Vehicle Code Section 35780, must obtain a transportation permit following application to the Wasco public works department. The permit may be issued to each vehicle either on an annual or single-trip basis. Permit holders shall obey any and all reporting requirements and restrictions adopted by the city. Annual transportation permits are limited to qualified companies whose business is to move commercial loads that would routinely exceed the maximum weight, height, width or length restrictions in the California Vehicle Code.

b. Fees for the transportation permit shall be set by resolution by the city council. Additional fees, for special city services necessitated by the permitted transport, shall be paid by the permit holder. Examples of special services include, but are not limited to, police inspection, police transport, tree trimming, overhead wire and fixture removal, and engineering services. Department heads shall determine the actual cost for each service provided. The fees shall be collected from the permit holder at the time the permit is issued.

a. Annual permits are valid from the date of issuance to the expiration date not to exceed three hundred sixty-five consecutive calendar days. Loads covered by annual permits shall not exceed fifteen feet in width, sixteen feet in height, one hundred twenty-five tons in gross weight and one hundred thirty-five feet in length. Loads covered by annual permits shall conform to the weight, axle number, and wheel loading requirements of the state as provided in the California Vehicle Code, Sections 35550 and 35551. Note: A list of all license numbers of the vehicles to be covered by this permit shall be attached to the application. The fee for an annual permit is ninety dollars.

b. Annual permits (route specific) are issued for loads between fifteen and eighteen feet wide, sixteen and eighteen feet high and are limited to a specific route. The fee for this type of permit is ninety dollars.

c. One-way permits (within limits) are valid for a maximum of three consecutive calendar days. The load shall not exceed the limitations listed under the "annual permits" section. The fee for a one-way permit is sixteen dollars.

d. One-way permit (over limits) is issued for loads exceeding the limitations listed under the "annual and one-way permits" sections.

e. Over limit loads will be reviewed by the city’s traffic authority on a case by case basis. The permit holder may require (if greater than sixteen feet in width or eighteen feet in height) an escort by the city. In addition, the permit holder may be restricted to the super load route, as defined by the city’s traffic authority. The fee for an over limit load is one hundred dollars. If it is determined that a city escort is necessary, an additional fee to cover overtime costs (with a four-hour minimum) will be required. This fee is based upon standard overtime rates in accordance with the city’s annual adopted compensation fee schedule as approved by the city council.

H. Suspension or Revocation. Any off-street truck parking permit may be suspended or revoked at any time by the city traffic authority on any of the following grounds:

1. If it is determined by the city traffic authority that any of the facts stated on the application are untrue;

2. Failure to comply with any of the terms of this chapter.

I. Appeal. The denial, suspension, or revocation of a permit pursuant to this section may be appealed to the city manager, whose decision shall be final, subject only to a timely and properly filed civil action in a court of competent jurisdiction. Any such appeal to the city manager must be in writing and must be filed with the city clerk within thirty days of the denial, suspension or revocation of the permit. Pursuant to Code of Civil Procedure Section 1094.6, any judicial action to review the decision of the city manager must be filed no later than the ninetieth day following the city manager’s decision. In rendering a final decision, the city shall give notice to the aggrieved party of the time within which judicial review must be sought.

J. Severability. If any section, subsection, clause, phrase, or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council declares that it would have adopted the ordinance codified in this chapter and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional. (Ord. 570, 2008).