Chula Vista Municipal Code Ch. 12.08 Street Overloads

Sections:

• 12.08.010 Overweight vehicles – Permit required.

• 12.08.020 Overweight vehicles – Conditions for granting permit.

• 12.08.030 Overweight vehicles – Permit recordkeeping required.

• 12.08.040 Flange wheel machinery – Operation restrictions required.

• 12.08.050 Purpose and intent of provisions.

• 12.08.060 Permit – Required when.

• 12.08.070 Permit – Term of validity – Single-move and multiple-load conditions.

• 12.08.080 Permit – Grounds for denial.

• 12.08.090 Permit – Application – Insurance requirements – Availability for inspection – Nontransferability.

• 12.08.100 Permit – Fees required – No-fee permits – Extensions of time.

• 12.08.110 Conformity with regulations required.

• 12.08.120 Permittee – Route-checking responsibilities and liabilities.

• 12.08.130 Permittee – Duty to submit route for approval when – Exception.

• 12.08.140 Permittee – Liability for injuries or damages.

• 12.08.150 Permittee – Wide load signs to be provided when – Form.

• 12.08.160 Damage to street or improvement – Assessment of repair costs.

• 12.08.170 Moving prohibited during certain hours – Exception.

• 12.08.180 Emergency moves – Regulations. 12.08.190 Exclusions from applicability of provisions.

***** For provisions of the Vehicle Weights Limits Act generally, see Veh. Code § 35551; for statutory authority for cities to regulate and prohibit encroachments and obstructions of streets, see Gov. Code § 38775.

CROSS REFERENCE: Truck Routes, see Ch. 10.64 CVMC.

No person shall move or operate upon any of the City streets any vehicle with a load or loads in excess of those permitted by the Vehicle Code without a written permit from the City Engineer or designee. (Ord. 3575 § 5, 2024; Ord. 973 § 1, 1966; prior code § 19.14.1(A)).

The City Engineer or designee may, by written permit, authorize a load or loads in excess of those allowed in the Vehicle Code if, in his judgment, the streets upon which such vehicle is to be operated can safely withstand the additional weight and if the applicant will guarantee to the City that all costs of repair to the streets or to the public property of the City damaged by the movement of such load or loads will be paid in full. Such permit will be granted upon such conditions and upon the deposit of such bond as the City Engineer or designee may require. (Ord. 3575 § 5, 2024; Ord. 973 § 1, 1966; prior code § 19.14.1(B)).

Upon the issuance of a permit as authorized in this section, the City Engineer or designee shall cause to be filed with the Chief of Police a copy thereof, describing the vehicle or vehicles covered by such permit, the load or loads, the time during which such permit will be in effect, and the streets or routes to be used. (Ord. 3575 § 5, 2024; Ord. 973 § 1, 1966; prior code § 19.14.1(C)).

No person shall operate over the City streets any vehicle, piece of equipment or machinery which has lugs, cleats, flanges, or other projections on the wheels or tracks. If the tread of the track has projections or corrugations, a filler block may be placed on each section so that a flat bearing surface will be in contact with the pavement at all times. (Ord. 973 § 1, 1966; prior code § 19.14.2).

It is the purpose and intent of the Council to permit the controlled operation and moving of vehicles or loads upon highways under its jurisdiction in excess of size and weight of vehicles allowed to be moved or operated on highways under the provisions of the Vehicle Code of the state of California, and protect the public safety and welfare by requiring a permit and the filing of a policy of insurance protecting the public against personal injury and property damage. (Ord. 1205 § 2, 1969; prior code § 27.212).

No person shall move or cause to be moved over or across any public right-of-way under the jurisdiction of the City any vehicle, load, trailer, or combinations thereof which exceed the height, width, length, size or weight of vehicle or load limitations provided in Division 15 of the Vehicle Code of the state of California, without first obtaining a transportation permit therefor from the Director of Public Works. (Ord. 1205 § 2, 1969; prior code § 27.213 (1)).

A transportation permit may be designated by the Director of Public Works as either a single-move transportation permit, for the movement of a vehicle or load over a designated route and for a move on a specified date or dates, or a multiple-load transportation permit, issued for the period specified on the permit but not to exceed six months. Multiple-load transportation permits may be issued on the type of vehicle carrying the load in the case of non-self-propelled vehicles and on the specific vehicle in the case of the self-propelled vehicles. Multiple-load permits shall authorize the movement of the vehicles or loads specified on the permit; provided, however, that the vehicle or load shall not exceed a width of 13 feet, a height of 16 feet, or a length of 100 feet. If the load proposed under the multiple-load transportation permit exceeds the weight limits as prescribed in Division 15 of the Vehicle Code of the state of California by more than 25 percent, said move shall be subject to such route restrictions as designated by the Director of Public Works. (Ord. 1205 § 2, 1969; prior code § 27.213(2)).

The Director of Public Works shall not issue a transportation permit if any one of the following conditions exists:

A. If the overweight per axle exceeds the limits provided in Division 15 of the Vehicle Code of the state of California by 50 percent;

B. If the move is determined by the Director of Public Works to be prohibitive from the standpoint of public safety or contrary to the public interest;

C. If the applicant has repeatedly violated conditions of previously issued permits, or if the applicant has unsettled claims against him for damages resulting from past moves;

D. If the applicant has failed to obtain a permit on the next regularly scheduled working day following interim approval for an emergency move. (Ord. 1205 § 2, 1969; prior code § 27.213(3)).

Any person desiring a transportation permit shall make application in writing to the Director of Public Works, which application shall specifically describe the vehicle or load to be operated or moved, the type of permit requested, and such other information as the Director of Public Works may require. Thereafter, the Director of Public Works may issue a transportation permit to applicant when:

A. Applicant has provided the Director of Public Works with a policy of insurance which has been approved by the City Attorney, executed and delivered by a reliable insurance company authorized to carry on an insurance business in the state, by the terms of which said insurance company assumes responsibility for injuries to persons and property as a result of moving the vehicle or load by permittee, in the following amounts:

1. One hundred thousand dollars ($100,000) for property damage;

2. Two hundred thousand dollars ($200,000) for death or injury to any person in any one occurrence;

3. Five hundred thousand dollars ($500,000) for death or injuries to two or more persons in any one occurrence;

4. Governmental agencies, including the state and its political subdivisions, shall not be required to provide the insurance required by this section, but shall be required to hold the City harmless as hereinafter provided;

• B. The Director of Public Works has satisfied himself as to qualifications of applicant and that applicant has complied with all of the requirements of this chapter;

• C. All fees provided for in CVMC 12.08.100 have been paid.

Duplicate copies of a transportation permit designated as a multiple-load permit may be obtained when the permit is intended to authorize the movement of more than one non-self-propelled vehicle. Transportation permits shall be carried on the vehicle whose movement is authorized by such permit and shall be available for inspection by any police officer or any authorized agent of the City. Transportation permits issued pursuant hereto shall be nontransferable. (Ord. 1510 § 1, 1973; Ord. 1240 § 1; Ord. 1205 § 2, 1969; prior code § 27.214).

• A. The required permit fee(s) in this chapter shall be collected by the Director of Public Works.

B. Governmental agencies, including the state and any of its political subdivisions, shall make application for permits under the provisions of this chapter, and shall be issued a no-fee permit in accordance with the provisions herein. A contractor working for a governmental agency shall not be considered to be acting on behalf of that governmental agency and shall not be exempt from the payment of fees.

C. An extension of the effective date or an amendment to a single-move permit may be made without payment of additional fees if approved by the Director of Public Works; provided, that the request for such extension or amendment is received before the expiration of the permit. (Ord. 2506 § 1, 1992; Ord. 1811 § 1, 1978; Ord. 1205 § 2, 1969; prior code § 27.215).

All moving operations under a transportation permit shall be in conformance with all general and special conditions set forth by the Director of Public Works on said permit. (Ord. 1205 § 2, 1969; prior code § 27.216(1)).

The permittee shall have the responsibility to ascertain the adequacy of the route requested for the move. When an overheight load is authorized (over 13 feet, 6 inches), the permittee shall check all underpasses, bridges, overhead wires, and other limiting structures or facilities for adequate clearance. The permittee shall notify the owners of all overhead lines or structures subject to disturbances or damage by his move and shall make arrangements for the temporary removal or relocation of the conflicting facility if required. The permittee shall bear all costs for such relocation where the facility is located in accordance with state and local regulations. (Ord. 1205 § 2, 1969; prior code § 27.216(2)).

For any move involving a load or vehicle whose vertical height is 18 feet or over, or whose width is 30 feet or more, the permittee shall submit to the agencies whose facilities will be affected by such move the proposed route for approval at least 72 hours in advance of the move. No permit shall be issued until clearances have been received from the power company and telephone company. Applicant shall be responsible for obtaining such clearances. Exception: The City Engineer may waive the width clearance requirement when the street widths along the route are clearly adequate to accommodate the load specified in the permit application. (Ord. 1240 § 2; Ord. 1205 § 2, 1969; prior code § 27.216(3)).

Permittee shall hold the City harmless from any loss arising out of injury to persons or damage to property resulting directly or indirectly from the operation permitted by the transportation permit, including the defense of any action arising therefrom at no cost to City. (Ord. 1205 § 2, 1969; prior code § 27.216(4)).

Permittee shall provide “wide load” signs as necessary to be visible from both the front and rear of all loads in excess of 10 feet in width. Signs shall be at least three feet by five feet in dimension; shall have a yellow background with black lettering; shall spell out “WIDE LOAD” in bold letters; and shall have an amber flasher mounted on each of the upper corners of such sign. (Ord. 1205 § 2, 1969; prior code § 27.216(5)).

In case of damage to any street or other public street improvement by reason of the moving of any vehicle or load under transportation permit, the City shall cause such work to be done as may be necessary to restore the public street improvement to as good a condition as the same was in prior to such damage, and shall charge the cost thereof to the permittee. Such damages as occur may be recovered from the insurance required under CVMC 12.08.090. (Ord. 1205 § 2, 1969; prior code § 27.216(6)).

Movement of oversize loads and/or vehicles shall be prohibited during the hours of darkness (one-half hour after sunset to one-half hour before sunrise), and between the hours of 7:00 a.m. and 9:00 a.m., and 4:00 p.m. and 6:00 p.m., unless otherwise approved by the Chief of Police. (Ord. 1205 § 2, 1969; prior code § 27.216(7)).

For moves which, because of their emergency nature, require approval during periods other than the regularly scheduled working hours of the City, the Director of Public Works, or Chief of Police, or authorized representatives thereof, may grant interim approval for such moves on the condition that a permit will be acquired during the next regularly scheduled working day. Failure to acquire such permit may result in disqualification for a six-month period. (Ord. 1205 § 2, 1969; prior code § 27.217).

The requirements of this chapter shall not affect the requirements of any other chapter of this code requiring permits, fees and bonds, including the requirements for moving and relocating structures. (Ord. 1205 § 2, 1969; prior code § 27.218).