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PA Bulletin, Doc. No. 16-320

PROPOSED RULEMAKING

DEPARTMENT OF TRANSPORTATION

[67 PA. CODE CH. 189 ]

Hauling in Excess of Posted Weight Limit

[46 Pa.B. 991]
[Saturday, February 27, 2016]

 The Department of Transportation (Department), under 75 Pa.C.S. §§ 4902 and 6103 (relating to restrictions on use of highways and bridges; and promulgation of rules and regulations by department), proposes to amend Chapter 189 (relating to hauling in excess of posted weight limit) to read as set forth in Annex A.

Purpose of Chapter

 The purpose of Chapter 189 is to establish Department regulations regarding the use of weight restricted highways by vehicles and combinations having a gross weight in excess of the posted weight limit on highways posted with weight restrictions under 75 Pa.C.S. § 4902.

Purpose of this Proposed Rulemaking

 Currently, Chapter 189 provides definitions and key terminology, including local traffic criteria, and establishes agreements, permits, security requirements and conditions to allow over-posted-weight vehicles to travel on weight-restricted highways. Recent amendments to 75 Pa.C.S. § 4902 require amendments to Chapter 189 to reflect a broader definition of ''local traffic,'' refine requirements relative to letters of local determination and minimum use permits, establish mandatory guidance for investigations and audits, and institute mandatory guidance relative to suspending, revoking and denying agreements and permits.

Significant Provisions of this Proposed Rulemaking

 Proposed amendments include definitions of key terms in the recent amendments to 75 Pa.C.S. § 4902, which include ''at-risk industry sector,'' ''commercial site,'' ''Department,'' ''develop,'' ''extract,'' ''freeze-thaw period,'' ''harvest,'' ''heavy user,'' ''letter of local determination,'' ''load,'' ''local traffic,'' ''natural resource,'' ''permanent coal reprocessing or preparation plant,'' ''permanent forest product processing mill,'' ''reachable only through posted highways,'' ''unconventional oil and gas development,'' ''user'' and ''user vehicle.''

 The available types of permits and letters of local determination were combined to allow a single permit to be issued with various permit categories including the minimum use permit category for hauling activity of less than 700 loads per year per road.

 The proposed rulemaking describes the posting authority's ability to conduct investigations and audits and also to suspend, revoke and deny agreements and permits. Special hauling permits issued under Chapter 179 (relating to oversize and overweight loads and vehicles) are recognized as valid authorization to travel on a weight restricted highway.

Persons and Entities Affected

 The proposed rulemaking will allow travel on weight-restricted highways and reduce administrative requirements for businesses and special hauling permits by all over-posted-weight haulers.

Fiscal Impact

 Implementation of these regulations will not require the expenditure of additional funds by the Commonwealth or local municipalities. These regulations will potentially impact all over-posted-weight traffic. However, those impacts are minimal because of clarity provided by this proposed rulemaking and extensive feedback from the regulated community.

Regulatory Review

 Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on February 17, 2016, the Department submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Transportation Committees. A copy of this material is available to the public upon request.

 Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria in section 5.2 of the Regulatory Review Act (71 P. S. § 745.5b) which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Department, the General Assembly and the Governor of comments, recommendations or objections raised.

Effective Date

 This proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin following appropriate evaluation of comments, suggestions or objections received during the public comment period.

Sunset Date

 The Department is not establishing a sunset date for these regulations, as the regulations are needed to administer provisions required under 75 Pa.C.S. (relating to Vehicle Code). The Department will continue to closely monitor these regulations for their effectiveness.

Public Comments

 Interested persons are invited to submit written comments, suggestions or objections regarding this proposed rulemaking to Richard N. Roman, PE, Director, Bureau of Maintenance and Operations, Department of Transportation, 400 North Street, 6th Floor, Commonwealth Keystone Building, Harrisburg, PA 17120, fax (717) 705-5520, riroman@pa.gov within 30 days of the publication of this proposed rulemaking in the Pennsylvania Bulletin.

Contact Person

 The contact person for technical questions regarding this proposed rulemaking is Halley Cole, PE, Bureau of Maintenance and Operations, Department of Transportation, 400 North Street, 7th Floor, Commonwealth Keystone Building, Harrisburg, PA 17120, (717) 783-6146, fax (717) 705-5520.

LESLIE S. RICHARDS, 
Secretary

Fiscal Note: 18-467. (1) Motor License Fund; (2) Implementing Year 2013-14 is $1,000,000 to $5,000,000; (3) 1st Succeeding Year 2014-15 through 5th Succeeding Year 2018-19 are $1,000,000 to $5,000,000; (4) 2012-13 Program—$1,874,000; 2011-12 Program—$2,419,000; 2010-11 Program—$2,387,000; (7) Various Appropriations; (8) recommends adoption. The various appropriations are able to absorb the increased cost.

Annex A

TITLE 67. TRANSPORTATION

PART I. DEPARTMENT OF TRANSPORTATION

Subpart A. VEHICLE CODE PROVISIONS

ARTICLE VII. VEHICLE CHARACTERISTICS

CHAPTER 189. HAULING IN EXCESS OF POSTED WEIGHT LIMIT

§ 189.1. Scope; authority.

 (a) This chapter regulates the use of highways posted with weight restrictions authorized under 75 Pa.C.S. § 4902 (relating to restrictions on use of highways and bridges) by vehicles and combinations having a gross weight in excess of the posted weight limit, and applies to both State highways and highways under the jurisdiction of local authorities unless otherwise stated.

*  *  *  *  *

§ 189.2. Definitions.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

At-risk industry sector—Industry sectors defined by the Department of Labor and Industry as having experienced a 20% or more decline in Statewide employment between March 2002 and March 2011 and additional industry sectors that the Department determines, in consultation with the Department of Labor and Industry, to show evidence of economic decline.

Commercial site—A place including the rooms, buildings and interior or exterior places where commodities or services are exchanged, bought or sold.

Department—The Department of Transportation of the Commonwealth.

Develop—The processes associated with conventional and unconventional oil and gas development.

Excess maintenance[Maintenance] Repairs or restoration, or both (but not betterment), of a posted highway in excess of normal maintenance[, caused by use of over-posted weight vehicles].

Extract—The processes associated with gathering or removal of minerals, wind and other natural resources from the air, surface or subsurface, including, but not limited to, coal, stone, water and related site preparation, construction and onsite stockpiling.

Freeze-thaw period—The calendar period between February 15th and April 15th during which time thawing of previously frozen roadbed materials compromises the structural integrity of the pavement system. The posting authority may alter or modify this time period based on recent and anticipated weather conditions for a permit or agreement.

Harvest—The processes associated with the cutting, gathering, stacking or removal of timber and other similar natural resources for future use, whether cultivated or wild, including, but not limited to, site excavation, grading and construction activities.

Heavy user—The user responsible for generating user vehicles equal to or exceeding 700 loads in any 12-month period on a particular posted highway.

Industry sector—A sector included in the North American Industry Classification System.

Letter of local determination—A determination made by the Department identifying particular vehicles, routes or uses as local in nature.

Load—A single user vehicle and cargo traversing a posted highway in a single direction.

Local traffic—The following shall be regarded as local traffic for the purposes of § 189.3 (relating to local traffic):

[(1)] (i) Emergency vehicles.

[(2)] (ii) School buses.

[(3) Vehicles and combinations of governmental agencies and utilities or their contractors engaged in construction or maintenance on a posted highway or in a location which can be reached only via a posted highway.

(4) Vehicles and combinations going to coming from a residence, commercial establishment, or farm located on a posted highway or which can be reached only via a posted highway.]

(iii) Government-owned vehicles.

(iv) User vehicles of local governmental agency or Department contractors engaged in or providing material for construction or maintenance located on or reachable only through posted highways.

(v) User vehicles of utilities or their contractors engaged in maintenance located on or reachable only through posted highways.

(vi) User vehicles going to or coming from a residence, commercial site, farm, or local government or Department facility located on or reachable only through posted highways.

(vii) User vehicles going to or coming from a permanent forest product processing mill located on or reachable only through posted highways.

(viii) User vehicles going to or coming from a permanent coal reprocessing or preparation plant located on or reachable only through posted highways and not located on the same posted highway as a site where coal is extracted.

Natural resource

(i) Material from nature having potential economic value including, but not limited to, timber, minerals, oil, gas, wind and water.

(ii) The term does not include trees grown specifically for use in landscaping or as Christmas trees, or food crops, animals or animal products intended for human or animal consumption such as corn, wheat and milk.

Normal maintenance—The usual and typical activities necessary to maintain the roadway, shoulders and drainage facilities in the state of repair existing at the date of the inspection prescribed in § 189.4(f)(1) (relating to use under permit).

[Over-posted-weight vehicle—A vehicle or combination having a gross weight in excess of a posted weight limit.]

Permanent coal reprocessing or preparation plant—

(i) One or more permanent facilities located adjacently on a single roadway where coal is delivered directly from the natural resource extraction site and is subjected to chemical or physical processing or cleaning, concentrating, or other processing or preparation. Stockpile or storage facilities located on the same posted highway as the processing facility may be included.

(ii) The term does not include ancillary facilities located separately from the initial processing facility site or at the coal extraction site.

Permanent forest product processing mill—

(i) One or more permanent facilities located adjacently on a single roadway where logs, pulpwood, wood chips or other forest products are delivered directly from the natural resource harvest site to undergo processing. Processing includes bark removal, sawing, resawing, slicing, chipping, pelletizing, edging, trimming, planing or machining.

(ii) The term includes log stockpile facilities.

(iii) The term does not include log landing sites or portable sawmills unless the portable sawmill has become permanently affixed to the real estate.

Posted highway—A highway having a posted weight limit.

Posted weight limit—A restricted weight limit posted on a highway under authority of 75 Pa.C.S. § 4902 (relating to restrictions on use of highways and bridges).

Posting authority—The Department, as to State designated highways and local authorities, as to all other streets and highways.

Reachable only through posted highways—One or more posted highways needed to travel to a location from the nearest nonposted highway or from the location to the nearest nonposted highway by the most direct route possible. The most direct route may not include posted highways which can be avoided by travel on nonposted highways. If available, a reasonable alternate nonposted highway must be taken.

Unconventional oil and gas development—

(i) The activities associated with unconventional oil or gas well construction including site preparation and reclamation, drilling, completion and pipeline construction on oil and gas gathering pipelines, not including transmission and distribution pipelines.

(ii) The term shall be read consistently with ''unconventional formation'' and ''unconventional gas well'' as defined in 58 Pa.C.S. § 2301 (relating to definitions).

(iii) The terms ''gathering,'' ''transmission'' and ''distribution pipelines'' shall be read consistently with the definitions of those terms in the Federal pipeline safety regulations of the United States Department of Transportation, Pipeline and Hazardous Materials Safety Administration in 49 CFR 192.3 (relating to definitions).

User—The individual or entity responsible for generating user vehicle traffic.

User vehicle—A vehicle or combination having a gross weight in excess of a posted weight limit.

§ 189.3. Local traffic.

 (a) General rule. [Over-posted-weight local traffic] Local traffic user vehicles may exceed posted weight limits unless the posting authority determines that [an over-posted-weight] a user vehicle or vehicles being driven to or from a particular [destination or destinations are likely to damage the highway] location or locations are likely to cause damage to the highway. User vehicles related to natural resource development, harvesting or extraction are not local traffic when going to or coming from a site at which minerals, gas or natural resources are developed, harvested or extracted, notwithstanding whether the site is located at a residence, a commercial site, farmland, or a local government or Department facility.

 (b) [Vehicles] User vehicles determined likely to damage highway. If the posting authority determines that one or more [over-posted-weight] user vehicles are likely to damage the highway, the posting authority will so notify the registrants of the [over-posted-weight] user vehicles or owners of the [destination or destinations] location or locations, or both, and will also notify State and local police. After 2 business days following delivery of the notice, or after 5 days following mailing of the notice, [such over-posted-weight vehicles shall] user vehicles may not exceed the posted weight limits except in accordance with [the provisions of] § 189.4 (relating to use under permit).

 (c) [Proof] Self-certification; proof of local traffic status. The following types of documents will constitute evidence that a [vehicle is local traffic:] user vehicle is traveling to or from a particular site with an address located on or reachable only through posted highways: bills of lading, shipping orders, service orders or other documents on company letterhead which indicate the address of the site and purpose of the user vehicle. The use of the posted road and purpose of the user vehicle must comply with the definition of ''local traffic.'' An authorized permit from the posting authority is not required unless the local traffic status has been previously revoked in writing; if requested, a local determination permit may be issued for the user's benefit.

[(1) A bill of lading, shipping order or similar document which shows a destination on the posted highway.

(2) Certification by the permittee or an official of a permittee company on the company letterhead describing the local traffic nature of the activity which the vehicle is engaged in.]

§ 189.4. Use under permit.

 (a) General rule. No [over-posted-weight vehicle] user vehicles, except local traffic user vehicles authorized under § 189.3(a) (relating to local traffic), shall be driven on a posted highway with a gross weight in excess of the posted weight limit unless the posting authority has issued a permit for the user vehicle or vehicles in accordance with this section. A user shall, at all times, carry evidence of the user vehicle's destination, which must consist of the type of documents in § 189.3(c). A single permit may authorize permit categories for local determination highways, annual bonded highways and seasonal bonded highways. An original or copy of the issued permit must be carried in the user vehicle at all times. The Department may determine through policy to allow use of electronic permits and self-certification documents to be utilized as acceptable proof of authorized hauling.

[(b) Types of permits. Types of permits shall include the following:

(1) A Type 1 permit authorizes use of a particular posted highway or portion thereof by an over-posted-weight vehicle. It is valid only when carried in the over-posted-weight vehicle.

(2) A Type 2 permit authorizes use of a particular posted highway or portion thereof by any number of over-posted-weight vehicles being driven to or from a common destination.

(i) Documents of the type set forth in § 189.3(c) (relating to local traffic) will constitute evidence of the destination of a vehicle.

(ii) A Type 2 permit will be issued only upon request of the permittee and if the posting authority determines that it is not feasible to issue a Type 1 permit for each vehicle, for example, most over-posted-weight vehicles hauling to and from the place of business of the permittee belong to or are hauling under contract with customers or suppliers of the permittee.

(3) A Type 3 permit authorizes use of a number of specified posted highways or portions thereof by an over-posted-weight vehicle.

(i) A Type 3 permit is valid only when carried in the over-posted-weight vehicle.

(ii) A Type 3 permit is issued only if the posting authority determines that damage to the posted highway covered by the permit will be minimal because of the limited number of moves by over-posted-weight vehicles and short term use of the highways anticipated by the permittee.]

(b) Permit categories. Permit categories include the following:

(1) Local determination. User vehicles may be authorized to exceed a posted weight limit on local determination highways without an excess maintenance agreement and security if the user vehicles meet one or more of the following criteria:

(i) Local traffic. User vehicles that are classified as local traffic in accordance with § 189.3 may be authorized as a local determination permit category if requested by the user.

(ii) At-risk. The Department may use an at-risk permit category when the user belongs to an at-risk industry sector and is hauling on a posted highway currently bonded by an unconventional oil and gas development company.

(iii) De minimis. Hauling activity identified as de minimis under Chapter 190 (relating to letter of local determination—statement of policy) may be authorized as a local determination permit category.

(iv) Minimum use. The Department may use a minimum use permit category when the user responsible for generating user vehicles is not a heavy user for a particular highway. This category is restricted during the designated freeze-thaw period unless written authorization from the Department is provided.

(v) Application to local highways. The nonbonded local determination categories in subparagraphs (ii)—(iv) do not apply to local authorities unless the local authority elects to enact an ordinance adopting the minimum use permit category.

(vi) Use of copy. The Department may issue a paper or electronic original permit to a user. A user may copy a permit issued for a local determination highway for vehicles owned or operated by the user but may not copy and share a permit issued for a local determination highway with any other user or their contractors and subcontractors.

(2) Annual and seasonal bonded. User vehicles may be authorized to exceed a posted weight limit on highways which cannot be authorized under paragraph (1) conditioned upon the user entering an excess maintenance agreement and providing security during the permit authorization period. The posting authority may provide, or require a user to provide at the user's expense, detailed inspections or condition reports showing the condition of the highway at beginning and end of any authorized permit period. Bonded permit categories may include the following:

(i) Annual bonded. An annual bonded permit category may be used for any requested posted highway for all desired times of the calendar year including the freeze-thaw period.

(ii) Seasonal bonded. A seasonal bonded permit category may be used for any requested posted highway for any portion of the calendar. This permit category may be used in conjunction with a nonbonded local determination permit category which is otherwise restricted for reoccurring or readily anticipated periods of the year.

 (c) Excess maintenance agreement. [Issuance of a permit to exceed a posted weight limit or limits will be conditioned on the agreement by the permittee to accept financial responsibility for excess maintenance of the posted highway or portion thereof to be used by the permittee. The agreement may provide for the work to be performed by the posting authority or its contractor or by the permittee or its contractor, except that in the case of a self-bonded agreement, the Department will require that all work be performed by the permittee or its contractor.] Bonded authorization shall be conditioned on an agreement by the user to accept financial responsibility for excess maintenance of the posted highway or portion thereof to be used by the user. The agreement may provide for the work to be performed by the posting authority or its contractor or by the user or its contractor, except that in the case of a self-bonded agreement, the Department will require that all work be performed by the user or its contractor.

 (d) Security. Except as provided in paragraph (4), the [permittee] user shall be required to provide security in favor of the posting authority to assure compliance with [the maintenance-reconstruction agreement] an excess maintenance agreement. Security is not required for nonbonded authorizations.

 (1) Amount of security. Amount of security shall be as follows:

[(i) Type 1 and Type 2 permits. Type 1 and Type 2 permits shall include:

(A) $6,000 per linear mile for unpaved highways to be maintained at a level consistent with the type of highway.

(B) $12,500 per linear mile for paved highways to be maintained at a level consistent with the type of highway.

(C) $50,000 per linear mile for any highway which the posting authority allows to be maintained below a level consistent with the type of highway.

(ii) Type 3 permits. $10,000 for each county or municipality covered by the permit.]

(i) Annual or seasonal bonded highways. Bonded highway amounts include:

(A) $6,000 per linear mile for unpaved highways to be maintained at a level consistent with the type of highway.

(B) $12,500 per linear mile for paved highways to be maintained at a level consistent with the type of highway. The posting authority may alternatively elect $10,000 per county for state highways or $10,000 per municipality for local government highways.

(C) $50,000 per linear mile for any highway which the posting authority allows to be maintained below a level consistent with the type of highway.

(ii) Duration of security. A user may hold a security bond indefinitely to sustain use during annual or seasonal bond permit periods, or may purchase and make available any bond or other acceptable security of any appropriate duration for use during annual bonded or seasonal bonded permit periods. The security will remain in effect until it is released by the posting authority.

 (iii) Schedule of bonding amounts. The Department [will] may from time to time, but not more often than annually, publish a revised schedule of bonding amounts based on increased or decreased maintenance costs.

 (2) Form of security. The security may be in the form of a performance bond with surety by a company authorized to do business in [the] this Commonwealth; or, at the option of the [permittee] user, in the form of a certified or cashier's check, bank account[,] or irrevocable letter of credit in favor of the posting authority; or in some other form of security acceptable to the posting authority.

 (3) Additional security. When the amount of damage in excess of normal maintenance to a posted highway is estimated by the posting authority to constitute 75% or more of the amount of the security, the posting authority may require the highway to be maintained or reconstructed within 30 days unless the [permittee] user agrees to provide [such] additional security as the posting authority shall determine.

 (4) Self-bonding. The posting authority may authorize self-bonding if it determines, on the basis of the financial ability of the [permittee] user, that it is unlikely that the posting authority will be unable to collect a judgment rendered against the [permittee] user for failure to comply with [the] an excess maintenance agreement.

 (i) The posting authority may require corporate officers and stockholders and their spouses to execute a self-bond, if the financial ability of a corporation is insufficient in itself to justify self-bonding.

 (ii) The posting authority may require the [permittee] user to execute liens on real or personal property, or both, as a condition for authorizing self-bonding.

 (iii) [In order to] To be considered for self-bonding by the Department, a [permittee] user shall file Contractor's Financial Statement, Department Form CS 4300, Part 1. The financial statement shall be updated annually, and within 30 days of any Department request for an update.

 (e) Multiple [permittees] users. Multiple [permittees] users shall conform with the following:

 (1) Agreement to share excess maintenance responsibility. If two or more [persons wish to obtain Type 1 or Type 2 permits to operate over-posted-weight] users wish to obtain bonded authorization to operate vehicles on the same posted highway or portion thereof, they may agree among themselves as to their relative responsibility for the cost of excess maintenance and the posting authority will enter into agreements and accept security on the basis of the agreed shares.

 (2) Determination by posting authority. If multiple [applicants for Type 1 or Type 2 permits] bonded users cannot agree on their relative responsibility, the posting authority [will] may determine their relative shares, and [will] enter into agreements with and accept security from any person agreeing to [such] the determination.

 (3) Subsequent permit applicants. [Paragraphs (1) and (2) shall apply even if one or more persons have already entered into a Type 1 or Type 2 permit agreement and posted security when another person expresses the desire to obtain a Type 1 or Type 2 permit to operate over-posted-weight vehicles on the same posted highway.] Paragraphs (1) and (2) apply even if one or more users have already entered into a bonded authorization and posted security when another user expresses the desire to obtain a bonded authorization to operate vehicles on the same posted highway.

 (f) Determination of highway condition. Determination of highway condition shall consist of the following:

 (1) Inspection. Representatives of the posting authority and of the [permittee or permitees] user or users will make an onsite inspection of the posted highway immediately before issuance of [each permit in order] a permit to determine its condition.

 (2) [Reinspection.] Interim inspection or reinspection. The posted highway will be reinspected:

 (i) Upon issuance of any new permit.

 (ii) From time to time as the posting authority determines repairs may be required.

 (iii) Upon termination of any permit, [in order] to determine the amount of damage for which the [permittee or permittees] user or users are responsible.

 (3) [Type 3 permits. Before and after using a Type 3 permit on any posted highway specified in the permit, the representatives of the permittee and the posting authority will make an onsite inspection to determine the relative condition of the highway before and after the use and to assess any excess maintenance caused by the permittee.] Roadway condition surveys. The posting authority may conduct frequent but less detailed roadway condition surveys to determine overall condition and identify any areas in need of repair.

 (4) Notification of inspections and reinspections. All [Type 1 and Type 2 permittees] bonded users on a posted highway or portion thereof will be notified of all inspections and reinspections on the highway or portion, and may participate in the inspections and reinspections. The posting authority is not required to notify bonded users of roadway condition surveys.

 (5) Inspection costs. The inspection costs of the posting authority, including the costs of roadway condition surveys, shall be paid by the [permittee or permittees] user or users. [Inspection costs related to a county wide or municipality wide—Type 3—permit will be paid solely by the Type 3 permittee.]

 (g) Administrative fee. The Department will charge a $15 administrative fee for issuance of each [Type 3] bonded permit. Local authorities may charge an administrative fee of no more than $15 for issuance of each [Type 3] bonded permit.

 (Editor's Note: Sections 189.5—189.7 are new and printed in regular type to enhance readability.)

§ 189.5. Investigations and audits.

 The posting authority may conduct investigations and audits. Users shall provide requested information within 30 days of the request. Users may designate records or portions of records as trade secrets or confidential proprietary information, and the records or parts of records so designated shall be used and retained for audit and investigation purposes only, and shall be protected from disclosure to the extent possible under the law; redaction may be undertaken by the users if the posting authority agrees in advance. Audits shall be limited to determining hauling activity under local determination permit categories to ensure the user has not exceeded the authorized hauling activity. Investigations may be used for any permit category.

§ 189.6. Suspending, revoking or denying agreements or permits.

 If the posting authority has determined and notified the user that a violation of a legal or contractual obligation has occurred, the posting authority may suspend, revoke and/or deny any current or future agreements and permits under its jurisdiction. The posting authority shall provide advanced notification and justification to the user prior to revocation of a permit. A permit may be suspended without prior notice if a highway becomes unsafe and impassable. Nothing in this section is intended to diminish the user's due process and administrative appeal rights or the posting authority's right to take any other action allowed by law, including, but not limited to, imposing appropriate traffic restrictions and closing a highway.

§ 189.7. Use of special hauling permits for certain vehicles.

 Users using permits under Chapter 179 (relating to oversize and overweight loads and vehicles) may be exempt from obtaining a permit under this chapter if adequate security is otherwise provided.

[Pa.B. Doc. No. 16-320. Filed for public inspection February 26, 2016, 9:00 a.m.]



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