CHAPTER 11. OVERSIZE AND OVERWEIGHT VEHICLES

3-11-1000 LEGISLATIVE AUTHORITY:

This Chapter is adopted pursuant to the authority set forth in sections 35780-35796 of the Vehicle Code of the State of California.

3-11-1005 DEFINITIONS:

Whenever used in this Chapter, the following words and phrases shall have the following meanings:

(a)    "Public Works Director" means the Public Works Director of Tulare County.

(b)    "County Highway" means any highway, road or alley in the unincorporated area of Tulare County, maintained in whole or in part by, and under the jurisdiction of, the County of Tulare.

(c)    "Vehicle" shall have the same meaning as in section 670 of the Vehicle Code of the State of California.

(d)    "Special mobile equipment" shall have the same meaning as in section 575 of the Vehicle Code of the State of California.

(e)    "Oversize" means exceeding the maximum size for vehicles or special mobile equipment specified in Division 15 of the Vehicle Code of the State of California.

(f)    "Overweight" means exceeding the maximum weight or load for vehicles or special mobile equipment specified in Division 15 of the Vehicle Code of the State of California.

3-11-1010 APPLICATION FOR PERMIT:

Any person desiring to operate an oversize or overweight vehicle or special mobile equipment on any County highway shall file a written application with the Public Works Director for a permit allowing such operation. Application shall be made on a form prescribed by the Director, and shall include the following information:

(a)    The name and address of the applicant.

(b)    If different from the applicant, the name and address of the owner of the equipment and load.

(c)    A specific description of the vehicle or vehicles, equipment, and load to be operated, and the particular highways over which permission to operate is requested.

(d)    Dates of operation, if for a single trip, or the period of time for which the permit is issued, if for continuous operation.

(e)    The name of the company and the number of the bond or insurance policy under which the applicant has a surety bond or certificate of insurance as required by sections 3-11-1025 or 3-11-1030 of this Chapter.

(f)    Such other information as the Director may deem necessary to determine whether to issue the permit and the conditions upon which the permit may be issued.

3-11-1015 TRANSPORTATION PERMIT FEES:

Pursuant to the California Vehicle Code section 35795(b), the Board of Supervisors may, by resolution, from time to time set fees to be charged for the issuance of permits under this Chapter, and the time and method of payment thereof. Such fees shall be referred to as "Transportation Permit Fees".

3-11-1020 HOLD HARMLESS AGREEMENT:

Each applicant for a permit shall agree to hold harmless the County and its officers, agents and employees, from any and all claims, demands, damages, actions or suits arising from injuries to any and all persons or property alleged to have been caused by the operation of such vehicles or equipment, or by the condition of any County highway resulting there from.

3-11-1025 BOND REQUIRED:

Before a permit is issued, by the Public Works Director pursuant to this Chapter, the applicant shall file a surety bond executed in favor of the County of Tulare with the Public Works Director in a form and amount approved by the Public Works Director. Such surety bond shall be for the benefit of the County of Tulare and for any other owners of any and all property, either public or private, which is lawfully maintained on or adjacent to any County highway, and shall be executed by a surety company authorized to transact business in the State of California. The condition of said bond shall be that if the applicant shall well and truly perform or cause to be performed each and all of the requirements, conditions and provisions of the permit issued pursuant to this Chapter, without any damage to county highways, bridges and structures, or to any other property, public or private, which is lawfully maintained on or adjacent to any county highway, then the obligation shall become null and void, otherwise to remain in full force and effect. The bond required by this section may be written to cover the specific trip or trips authorized by the permit, but shall be a continuing bond if the permit authorizes continuous operation.

3-11-1030 CERTIFICATE OF INSURANCE IN LIEU OF BOND:

In lieu of the bond required by section 3-11-1025 of this Chapter, any applicant for a permit who regularly maintains a fixed place of business within the State of California may file with the Public Works Director a certificate of insurance. The certificate of insurance shall contain a signed statement of an insurance company or its authorized agent that:

(a)    The owner or the operator of the equipment or load to be operated or moved is insured in the performance of such operation or movement, in an amount approved by the Public Works Director, for each occurrence causing damage to public or private property, should any such injury or damage result from such operation or movement.

(b)    The policy insuring such owner against such liability bears an endorsement thereon that it will not be canceled or reduced in coverage without giving thirty (30) days advance written notice of such cancellation or reduction in coverage to the Public Works Director.

3-11-1035 AMOUNT OF BOND OR INSURANCE REQUIRED:

The amount of the bond or insurance required to be given by sections 3-11-1025 and 3-11-1030 of this Chapter shall be a minimum of Five Thousand Dollars ($5,000). The Public Works Director may increase the amount of such required bond or insurance, either before or after the issuance of a permit, in such amounts as he deems necessary upon finding that the operation of the vehicle or special mobile equipment involves a risk of damage in excess of Five Thousand Dollars ($5,000).

3-11-1040 ISSUANCE OF PERMIT:

If the applicant for a permit complies with all of the provisions of this Chapter and all other applicable laws, and if it appears the operation or movement applied for can be accomplished along the proposed route with safety and without serious inconvenience to the public, and without undue damage to road foundations, surfaces, and structures, or to other public or private property, the Public Works Director shall issue the permit to the applicant. The permit granted by the Public Works Director shall refer to this Chapter and shall be granted subject to all of the terms and conditions set forth in this Chapter.

3-11-1045 IMPOSING CONDITIONS ON PERMIT:

When the Public Works Director grants a permit pursuant to this Chapter, he may impose and set forth in the permit such general and special conditions as he may deem necessary for the protection of County highways, bridges and structures, and other public and private property, the prevention of undue interference with traffic, and to assure the safety of persons using the County highways. Violation of any of the conditions of the permit shall constitute an automatic revocation of the permit.

3-11-1050 DENIAL OF PERMIT:

If the applicant does not comply with all of the requirements of this Chapter and with all other applicable laws and ordinances of the State of California and the County of Tulare, the Public Works Director shall deny the application for the permit. In any case where the Public Works Director determines that the operation or movement applied for cannot be accomplished along the proposed route with safety and without serious inconvenience to the public, and without undue damage to road foundations, surfaces, and structures, or other public or private property, he shall also refuse to grant the permit.

3-11-1055 PERMIT NOT TRANSFERABLE:

A permit issued pursuant to the provisions of this Chapter shall not be assigned or transferred by the permittee to any other person and any permit, which is assigned or transferred by the permittee, shall automatically become null and void.

3-11-1060 REVOCATION OF PERMIT:

The Public Works Director shall revoke a permit issued pursuant to the provisions of this Chapter if, after the permit is issued, he determines that the operation or movement can no longer be accomplished along the proposed route with safety or without serious inconvenience to the public, or without undue damage to private property or to road foundations, surfaces, and structures. Written notice of such revocation shall be sent to the permittee by ordinary mail at the address shown on the application for the permit, or by personal delivery of such written notice to the permittee.

3-11-1065 APPEALS:

If the Public Works Director denies an application for a permit, issues a permit subject to conditions which the applicant believes to be unreasonable, increases the amount of the bond or insurance over Five Thousand Dollars ($5,000), or revokes a permit, the applicant may, within thirty (30) days after such denial, conditional issuance, increase in bond or insurance, or revocation, file a written appeal with the Clerk of the Board of Supervisors. The Board shall, at its next regular meeting, determine whether the permit shall be issued or reinstated, and the terms and conditions under which it shall be issued or reinstated. The decision of the Board shall be final.

3-11-1070 JUDICIAL REVIEW OF DECISION:

Judicial review of a decision of the Board of Supervisors made after a hearing pursuant to section 3-11-1065 of this Chapter, if the decision denies or revokes the permit, shall be made pursuant to section 1094.6 of the Code of Civil Procedure of the State of California. The method of judicial review, the time limits for judicial review, and all of the other provisions of said section 1094.6 shall govern such judicial review. When giving written notice to the applicant that the permit has been denied or revoked, the Board of Supervisors shall provide notice to the applicant that the time within which judicial review must be sought is governed by said section 1094.6.

3-11-1075 VIOLATIONS:

Any person violating any of the provisions of this Chapter shall be guilty of a public offense and shall be punishable as provided in Divisions 17 (commencing with section 40000.1) and 18 (commencing with section 42000) of the Vehicle Code of the State of California.