Pomona Municipal Code § 58-324 Appeals

Footnotes:

--- (7) ---

State Law reference— Special permits for oversized vehicles, Vehicle Code § 35780 et seq.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Oversized vehicle means any vehicle or combination of vehicles that exceed the legal width, length or weight limitations as defined by the Vehicle Code.

(Code 1959, § 28-403; Ord. No. 3624, § 1 (part))

Cross reference— Definitions generally, § 1-2.

Transportation permits for oversized vehicles shall be issued by the director of public works.

(Code 1959, § 28-402; Ord. No. 3624, § 1 (part))

(a) Applications for transportation permits may be denied under the following conditions, unless authorized by the director of public works:

(1) The load and/or vehicle exceeds policy limits.

(2) Insufficient information is supplied to ensure compliance with permit policy.

(3) The load does not justify the size of the vehicle.

(4) The applicant cannot provide sufficient information about the vehicle and/or load to determine if a permit is justified.

(5) The load exceeds 14 feet in width, unless authorized by variance approval from the director of public works, or the load is an acceptable piece of equipment that is allowed 14 feet six inches in width.

(6) The load exceeds 135 feet of combination vehicle and load length unless authorized by the director of public works.

(7) The load generates the need for a combination of hauling equipment greater than the seven loading groups or some other type of special hauling equipment.

(8) The routes required would present an undue hazard to other traffic.

(9) The overall height creates a clearance less than three inches between the top of the vehicle/load and the lowest point of the structure on the traveled way, regardless of where that point is.

(10) The applicant or permittee requested to move on legal holidays, unless authorized on the face of the permit. Holiday hours are from 12:01 a.m. on the first day to 12:00 p.m. of the last day of the holiday period.

(11) The transporter is currently on suspension for violation of permit requirements or payments of fees.

(12) Weights or dimensions are of a type which cannot conform to statute size and weight:

a. Loads that cannot be repositioned to stay within statute size, even if additional hauling equipment would be mandated.

b. Any tractor, motor truck or power unit not qualified for maximum gross weight.

c. Any trailer or semitrailer when coupled together with a power unit would not by Vehicle Code § 35551 or 35551.5 qualify for 80,000 pounds of gross weight. The tractor and semitrailer combination will require a minimum of 35 feet six inches between axles two and five.

(13) Any motor vehicle or semitrailer with a fixed load has equipment or features that can reasonably be reduced to a lesser size or weight unless permitted elsewhere in this division.

(14) The applicant or permittee requests to move during fog or other inclement weather when visibility is less than 1,000 feet.

(15) Extralegal weight will be moved on hauling equipment incorporating fixed inline axles with a dimension greater than ten feet zero inches between the first and last axle on any given unit unless all axles outside the ten feet zero inches dimension are steerable. On tandem axles with spacings greater than eight feet zero inches, weight will be restricted to that allowed in the Vehicle Code.

(16) Front overhang exceeds 30 feet zero inches from the bumper or, if there is no front bumper, from the front of the front tire or for loads that exceed the legal rear overhang unless authorized elsewhere in this division.

(17) Extralegal weight is requested and the vehicle is equipped with an air- or hydraulic-operated booster axle system.

(18) Extralegal weight is requested and mixed suspension types are used within any axle group.

(b) When a transportation permit is denied, the reason for denial shall be written on the application and returned to the applicant. A copy will be retained for the city's file.

(Code 1959, § 28-404; Ord. No. 3624, § 1 (part))

The following appeal procedures shall apply for applicants who believe they have been denied a permit under this division because of misinterpretation of policy by the city's issuing representative:

(1) The applicant should make every effort to resolve the guideline conflict with the issuing office.

(2) The applicant shall submit the appeal to the city traffic engineer.

(3) If the guideline conflict cannot be resolved at the city traffic engineer level, the applicant may submit written justification and other evidence to the director of public works.

(Code 1959, § 28-405; Ord. No. 3624, § 1 (part))

The specific fee to be charged under this division shall be determined by a review at the beginning of each fiscal year by the director of public works to ensure that the income derived from such fees reflects the actual cost of administration.

(Code 1959, § 28-406(b); Ord. No. 3624, § 1 (part))

Under this division any applicant normally requesting ten or more permits per month may be billed monthly for accumulated permit fees on his request. Failure to pay within 60 days of billing may result in suspension of permit privileges.

(Code 1959, § 28-407; Ord. No. 3624, § 1 (part))

The effective period of a single trip permit issued pursuant to this division shall include a reasonable time in transit plus additional time for anticipated delays due to adverse conditions. Requests to cover return trips on one permit will be approved with the effective duration to allow a reasonable travel time, with two days additional for transfer of the load and also additional time for possible inclement weather, up to a maximum total time of 14 days. The permit shall include a full description of all loads hauled within the authority of the permit.

(Code 1959, § 28-408; Ord. No. 3624, § 1 (part))