Oakland Municipal Code Ch. 10.53 Extralegal Load Transportation Permits

All the powers granted to the city by Article 6 of Chapter 5 of Division 15 of the state of California Vehicle Code, pertaining to issuance of special permits for loads exceeding the maximum sizes and/or weights, and for administering the rules and regulations pertaining thereto, are hereby delegated to the Chief of Police.

(Ord. 12373 (part), 2001)

A. Single Trip Transportation Permit. "Single trip transportation permit" means a permit that will allow a vehicle of extralegal size, weight, or load to operate on a single trip from a single point of origin to a single destination in one direction of travel.

B. Multiple Trip Transportation Permit. "Multiple trip transportation permit" means a permit that will allow a vehicle of an extralegal size, weight or load to operate on more than a single trip within the city. Such permit shall expire on the last day of the calendar year in which it was issued.

C. Extralegal Vehicle. "Extralegal vehicle" means a vehicle whose overall dimensions and/or weight exceeds those as defined as a legal vehicle in Section 320.5 of the California Vehicle Code.

(Ord. 12373 (part), 2001)

A. Application for Permit(s). All persons, firms or agencies desiring to move any load across or upon streets and highways within the city, which load exceeds any of the imposed limitations shall apply to and first receive a special extralegal load permit from the individual(s) so designated in this chapter. The permit shall specify the streets upon which the move is authorized and the date and time of the move. The permit holder shall be knowledgeable and in compliance with all applicable California conditions, requirements, and laws for the use of the highway system and in particular movement of extralegal vehicles and/or loads.

B. Possession of Permit. The extralegal load permit shall be carried in the vehicle to which it refers at all times while the vehicle is within the city limits.

C. Void Permits. Extralegal load permits shall be declared null and void if:

1. Any portion, part or section is illegible;

2. Permit is used before or after the times and date(s) indicated;

3. Any portion, part or section has been altered or if any attempt to alter is apparent;

4. Permit is 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;

5. Permit is used to represent proper authority for carrying a load and/or moving a vehicle by any person, firm, or agency not specifically named on the permit;

6. Permit is presented without the attachments specifically named on the face of the permit firmly affixed;

7. Permit holder fails to report an accident, damage to property, or the death and/or injury to persons incurred while carrying an extralegal load, as provided for in this chapter.

(Ord. 12373 (part), 2001)

A fee for issuance of the permit, as established pursuant to California Vehicle Code Section 35795(b), and set by the California Department of Transportation, shall be paid by the applicant prior to issuance of the permit.

(Ord. 12373 (part), 2001)

A. Injury, Death of Person, Damage to Property. The permit holder is responsible for all liability to, or death of person(s), or damage to property that may occur through any act or omission of either the permit holder or the city arising from the issuance of the permit. In the event any claim, suit or action is brought against the city, 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.

B. Repair of Damage. Any person, firm or agency granted an extralegal load permit, as provided in Section 10.53.040, shall be liable for all damages to any street, highway, bridge, or appurtenances thereto, including but not limited to, guardrails, signs, traffic signals, street lights, street trees and similar facilities, resulting from the operation, driving or moving of any vehicle which exceeds any of the limitations imposed by Division 15 of the California Vehicle Code. The permit holder agrees to repair at his/her own expense, and to the satisfaction of the Director, Public Works Agency, any damage resulting from travel under the permit.

C. Modification to and/or Relocation of Structures. If, in the judgment of the Director, Public Works Agency, it is determined necessary to strengthen any structure over which an overload must pass, or to perform any other work in order to insure the safe passage of the load upon city streets, the permit holder will be required to pay the full cost of such work. The permit holder will also be required to reimburse the city for any cost necessitated by the temporary relocation of traffic signals, streetlights or other appurtenances in order to permit the safe passage of the loaded vehicle.

(Ord. 12373 (part), 2001)

A. Damage to Property. In the event of damage to highway facilities such as bridges, traffic signals, light standards and other appurtenances, a written report must be filed with the Police Department within seventy-two (72) hours after such damage was incurred.

B. Accidents Involving Persons and/or Property. Accidents occurring while operating under permit and requiring a report to the Department of Motor Vehicles under California Vehicle Code Section 16000 shall also be reported to the city. A copy of the permit and accident report shall be mailed to the Commercial Vehicle Unit, 455—7th Street, Room 104, Oakland, CA 94607 within thirty (30) days of the date of the accident.

(Ord. 12373 (part), 2001)

A. Vehicles and/or loads more than twelve (12) feet in width or more than one hundred (100) feet in length shall be escorted by a pilot vehicle.

B. Appropriate flags and/or lamps as required by California Vehicle Code 24604, 25103 and 25104 shall be utilized.

C. Vehicles and/or loads exceeding California legal dimensions shall display warning signs. Signs shall be posted front and rear and must conform to the specifications of the California Department of Transportation.

D. Under no circumstances shall any overweight vehicle travel over the following locations:

1. East 8th Street, between Fallon Street and 5th Avenue (Alameda County Flood Control- Underground Facility);

2. Unless specifically authorized on the face of the extralegal load permit, those streets and thoroughfares listed in the Oakland Municipal Code, Chapter 10.52, Sections 10.52.010, 10.52.020, 10.52.030, 10.52.040, 10.52.050, 10.52.060, 10.52.065, and 10.52.130.

E. No movement shall occur between the hours of seven a.m. to nine a.m. and four p.m. to six p.m. for vehicles exceeding ten feet in width or combinations of vehicles and/or loads that are one hundred (100) feet or more in length.

(Ord. 12373 (part), 2001)

The Chief of Police or his/her designee may require an Oakland Police Department escort for certain extralegal vehicles. The determination to assign an escort and the number of officers required to safely perform the escort of an extralegal vehicle will be made by the Chief of Police or designed. The determination may be based on the overall vehicle dimensions, type of load, location of the move, or any other reason the Chief of Police has determined may be a hazard to the public or property. The permit holder shall pay the associated costs of the police escort.

(Ord. 12373 (part), 2001)