Chapter 10.75
VEHICLE WEIGHT LIMITS
Sections:
10.75.010 Definitions.
10.75.020 Penalty for violation of chapter.
10.75.030 Diversion – Subsequent offenses.
10.75.040 Compliance required.
10.75.050 Stopping drivers suspected of violations.
10.75.060 Removal of excess load.
10.75.070 Failure to stop or comply.
10.75.080 Weight-bearing axles.
10.75.090 Weight limit – Vehicles generally.
10.75.100 Weight limit – Wheel and tire.
10.75.110 Weight limit – One-axle.
10.75.120 Weight limit – Two-axle.
10.75.130 Weight limit – Multiple-axle.
10.75.140 Excess size and weight move permit.
10.75.150 Limitation for interstate highways.
10.75.160 Exception for garbage, refuse or waste disposal trucks.
10.75.170 Exception for certain materials trucks.
State Law References: Vehicle size, weight and load, K.S.A. 8-1901 et seq.; local restrictions authorized, K.S.A. 8-1912.
10.75.010 Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
“Gross weight on any one axle” means the total load on all wheels whose centers are included within two parallel transverse vertical planes not more than 40 inches apart.
“Quad axles” means four or more consecutive axles, arranged in tandem and articulated from a common attachment to the vehicle or individually attached to the vehicle, with such axles spaced more than 120 inches apart and not more than 150 inches apart.
“Tandem axles” means two or more consecutive axles, arranged in tandem and articulated from a common attachment to the vehicle or individually attached to the vehicle, with such axles spaced not less than 40 inches apart and not more than 96 inches apart.
“Triple axles” means three or more consecutive axles, arranged in tandem and articulated from a common attachment to the vehicle or individually attached to the vehicle, with such axles spaced more than 96 inches apart and not more than 120 inches apart. (Code 1981 § 43-674. Code 1995 § 142-736.)
Cross References: Definitions generally, TMC 1.10.020.
10.75.020 Penalty for violation of chapter.
Penalties for violation of this chapter shall be as follows:
(a) For overweight in excess of 100 pounds and not in excess of 500 pounds, total weight or weight per axle or combination of axles, $50.00.
(b) For overweight in excess of 500 pounds and not in excess of 1,000 pounds, total weight or weight per axle or combination of axles, $75.00.
(c) For overweight in excess of 1,000 pounds and not in excess of 1,500 pounds, total weight or weight per axle or combination of axles, $150.00.
(d) For overweight in excess of 1,500 pounds and not in excess of 2,000 pounds, total weight or weight per axle or combination of axles, $200.00.
(e) For overweight in excess of 2,000 pounds and not in excess of 20,000 pounds, total weight or weight per axle or combination of axles, $0.10 for every pound overweight.
(f) For overweight in excess of 20,000 pounds, total weight or weight per axle or combination of axles, $0.30 for every pound overweight. (Code 1981 § 43-672. Code 1995 § 142-737.)
10.75.030 Diversion – Subsequent offenses.
No diversion may be granted for any violation of this chapter. For a first offense, probation or parole may be granted from not more than one-half of the fine, but all courts costs must be paid. For a second offense there shall be no probation or parole from any portion of the fine or costs. For a third offense within 12 consecutive months, the fine schedule shall be doubled, and jail time may be imposed as the court may deem appropriate. (Code 1981 § 43-673. Code 1995 § 142-738.)
10.75.040 Compliance required.
It shall be unlawful for any person to operate any vehicle on the streets or highways within the city in violation of this chapter. (Code 1981 § 43-671. Code 1995 § 142-739.)
10.75.050 Stopping drivers suspected of violations.
Any law enforcement officer or properly designated state Department of Revenue agent having reason to believe that the gross weight of a vehicle or combination of vehicles or the gross weight on any axle or sets of axles is unlawful is authorized to require the driver to stop and submit to a weighing of such vehicle by means of either portable or stationary scales and may require that such vehicle be driven to the official city scales, located at Crane and North Harrison, within the city. (Code 1981 § 43-684. Code 1995 § 142-740.)
Cross References: Police department, TMC 2.25.230.
10.75.060 Removal of excess load.
Whenever any law enforcement officer or properly designated state Department of Revenue agent or employee, upon weighing a vehicle or combination of vehicles, determines that the weight is unlawful, such officer, agent or employee may require the driver to stop the vehicle in a suitable place and remain standing until such portion of the load is removed as may be necessary to reduce the gross weight of such vehicle or combination of vehicles or remove or redistribute the gross weight on any axle or sets of axles to such limits as permitted in this chapter. All material so unloaded shall be cared for by the owner, lessee or operator of such vehicle at the risk of such owner, lessee or operator. (Code 1981 § 43-685. Code 1995 § 142-741.)
Cross References: Police department, TMC 2.25.230.
State Law References: Similar provisions, K.S.A. 8-1910.
10.75.070 Failure to stop or comply.
Any driver of a vehicle or combination of vehicles who fails or refuses to stop and submit such vehicle or combination of vehicles to weighing as provided in this chapter, or who fails or refuses when directed by a law enforcement officer or state Department of Revenue agent or employee to comply with the provisions of this chapter, shall be guilty of a traffic offense. (Code 1981 § 43-686. Code 1995 § 142-742.)
Cross References: Police department, TMC 2.25.230.
State Law References: Similar provisions, K.S.A. 8-1910.
10.75.080 Weight-bearing axles.
Any axle located within seven feet of any adjacent axle shall be a weight-bearing axle and shall at all times carry its proportionate part of the load permitted on such axles. (Code 1981 § 43-675. Code 1995 § 142-743.)
10.75.090 Weight limit – Vehicles generally.
The gross weight of any vehicle or combination of vehicles shall not exceed the lawful registered vehicle weight as established by the laws of the state. (Code 1981 § 43-676. Code 1995 § 142-744.)
10.75.100 Weight limit – Wheel and tire.
(a) The gross weight upon any wheel of a vehicle shall not exceed 10,000 pounds.
(b) The gross weight on any tire on any wheel shall not exceed the Federal Department of Transportation or manufacturer’s weight limitation rating stamped on the sidewall of the tire. (Code 1981 § 43-677. Code 1995 § 142-745.)
10.75.110 Weight limit – One-axle.
(a) The gross weight upon any one axle, including one axle of a group of axles, of a vehicle shall not exceed 20,000 pounds.
(b) The gross weight on any one axle of a vehicle shall not exceed the limits prescribed by K.S.A. 8-1908, and amendments thereto. (Code 1981 § 43-678. Code 1995 § 142-746.)
10.75.120 Weight limit – Two-axle.
The gross weight on any two axles in a tandem axle group shall not exceed 34,000 pounds. (Code 1981 § 43-679. Code 1995 § 142-747.)
10.75.130 Weight limit – Multiple-axle.
(a) No vehicle or combination of vehicles shall be moved or operated on any street or highway within the city when the gross weight on two or more consecutive axles exceeds the limitations prescribed in the following table:
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Maximum load in pounds carried on any two or more consecutive axles |
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Distance in feet between the extremes of any group of two or more consecutive axles |
2 axles |
3 axles |
4 axles |
5 axles |
6 axles |
7 axles |
8 axles |
|
4 |
34,000 |
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|
5 |
34,000 |
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|
6 |
34,000 |
||||||
|
7 |
34,000 |
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8 and less |
34,000 |
34,000 |
|||||
|
more than 8 |
38,000 |
42,000 |
|||||
|
9 |
39,000 |
42,500 |
|||||
|
10 |
40,000 |
43,500 |
|||||
|
11 |
44,000 |
||||||
|
12 |
45,000 |
50,000 |
|||||
|
13 |
45,500 |
50,500 |
|||||
|
14 |
46,500 |
51,500 |
|||||
|
15 |
47,000 |
52,000 |
|||||
|
16 |
48,000 |
52,500 |
58,000 |
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|
17 |
48,500 |
53,500 |
58,500 |
||||
|
18 |
49,500 |
54,000 |
59,000 |
||||
|
19 |
50,000 |
54,500 |
60,000 |
||||
|
20 |
51,000 |
55,500 |
60,500 |
66,000 |
|||
|
21 |
51,500 |
56,000 |
61,000 |
66,500 |
|||
|
22 |
52,500 |
56,500 |
61,500 |
67,000 |
|||
|
23 |
53,000 |
57,500 |
62,500 |
68,000 |
|||
|
24 |
54,000 |
58,000 |
63,000 |
68,500 |
74,000 |
||
|
25 |
54,500 |
58,500 |
63,500 |
69,000 |
74,500 |
||
|
26 |
55,500 |
59,500 |
64,000 |
69,500 |
75,000 |
||
|
27 |
56,000 |
60,000 |
65,000 |
70,000 |
75,500 |
||
|
28 |
57,000 |
60,500 |
65,500 |
71,000 |
76,500 |
82,000 |
|
|
29 |
57,500 |
61,500 |
66,000 |
71,500 |
77,000 |
82,500 |
|
|
30 |
58,500 |
62,000 |
66,500 |
72,000 |
77,500 |
83,000 |
|
|
31 |
59,000 |
62,500 |
67,500 |
72,500 |
78,000 |
83,500 |
|
|
32 |
60,000 |
63,500 |
68,000 |
73,000 |
78,500 |
84,500 |
|
|
33 |
64,000 |
68,500 |
74,000 |
79,000 |
85,000 |
||
|
34 |
64,500 |
69,000 |
74,500 |
80,000 |
85,500 |
||
|
35 |
65,500 |
70,000 |
75,000 |
80,500 |
|||
|
36 |
66,000 |
70,500 |
75,500 |
81,000 |
|||
|
37 |
66,500 |
71,000 |
76,000 |
81,500 |
|||
|
38 |
67,500 |
72,000 |
77,000 |
82,000 |
|||
|
39 |
68,000 |
72,500 |
77,500 |
82,500 |
|||
|
40 |
68,500 |
73,000 |
78,000 |
83,500 |
|||
|
41 |
69,500 |
73,500 |
78,500 |
84,000 |
|||
|
42 |
70,000 |
74,000 |
79,000 |
84,500 |
|||
|
43 |
70,500 |
75,000 |
80,000 |
85,000 |
|||
|
44 |
71,500 |
75,500 |
80,500 |
85,500 |
|||
|
45 |
72,000 |
76,000 |
81,000 |
||||
|
46 |
72,500 |
76,500 |
81,500 |
||||
|
47 |
73,500 |
77,500 |
82,000 |
||||
|
48 |
74,000 |
78,000 |
83,000 |
||||
|
49 |
74,500 |
78,500 |
83,500 |
||||
|
50 |
75,500 |
79,000 |
84,000 |
||||
|
51 |
76,000 |
80,000 |
84,500 |
||||
|
52 |
76,500 |
80,500 |
85,000 |
||||
|
53 |
77,500 |
81,000 |
85,500 |
||||
|
54 |
78,000 |
81,500 |
|||||
|
55 |
78,500 |
82,500 |
|||||
|
56 |
79,500 |
83,000 |
|||||
|
57 |
80,000 |
83,500 |
|||||
|
58 |
84,000 |
||||||
|
59 |
85,000 |
||||||
|
60 |
85,500 |
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(b) Notwithstanding the provisions of subsection (a) of this section, two consecutive sets of tandem axles may carry a gross load of 34,000 pounds each if the overall distance between the first and last axles is 36 feet or more. (Ord. 19370 § 97, 3-23-10. Code 1995 § 142-748.)
10.75.140 Excess size and weight move permit.
(a) The provisions of TMC 10.75.130 shall not apply to any vehicle or combination of vehicles engaged in a one-time move, provided an excess size and weight move permit has been obtained from the division of engineering. Any person wishing to obtain an excess size and weight move permit shall submit the following information to the division of engineering at least 48 hours prior to the scheduled move:
(1) Company name;
(2) Business address;
(3) Width, height and length of load;
(4) Axle configuration including sketch showing dimension between each axle;
(5) Approximate total weight and load on each axle;
(6) State highway permit number if one is required;
(7) Proposed route of travel; and
(8) Any other information which may be necessary for review of the application by the engineering division.
(b) Upon receipt of the information required by subsection (a) of this section, the engineering division shall review the information and determine whether the move may be made over the proposed route without jeopardizing public safety and public infrastructure. If the engineering division determines that a load capacity analysis is required in order to evaluate the proposed route, the engineering division shall conduct the analysis or obtain the analysis from a consultant. Any cost involved in conducting or obtaining the analysis shall be the responsibility of the applicant regardless of whether an excess size and weight move permit is issued. Payment of the cost of analysis shall be made prior to issuance of the permit. If the engineering division determines the move may be made without jeopardizing public safety or public infrastructure, the engineering division shall issue an excess size and weight move permit. The engineering division may in issuing the permit establish conditions including but not limited to the use of a lead and chase car, maximum speed limits and police escort service. (Ord. 16542 § 1, 12-22-92. Code 1995 § 142-749.)
Cross References: Police department, TMC 2.25.230.
10.75.150 Limitation for interstate highways.
For vehicles and combinations of vehicles on the interstate system (national system of interstate and defense highways), the table in TMC 10.75.130 shall not authorize a maximum gross weight of more than 80,000 pounds. (Code 1981 § 43-681. Code 1995 § 142-750.)
10.75.160 Exception for garbage, refuse or waste disposal trucks.
Except on highways designated as part of the national system of interstate defense highways within the city limits of the city, the gross weight limitation prescribed on any axle or tandem, triple or quad axles in this chapter shall not apply to trucks specifically designed and equipped and used exclusively for garbage, refuse or solid waste disposal operations when loaded with garbage, refuse or waste. (Code 1981 § 43-682. Code 1995 § 142-751.)
10.75.170 Exception for certain materials trucks.
The table in TMC 10.75.130 shall not apply to truck tractor and dump semitrailer or truck-trailer combinations, when such are used as a combination unit exclusively for the transportation of sand or salt for highway maintenance operations, gravel, slag stone, limestone, crushed stone, cinders, blacktop, dirt or fill material, when such vehicles are used for transportation to a highway or road construction site or highway maintenance project or facility, except that such vehicles or combinations of vehicles shall not be exempted from any application of the table as may be required to determine applicable axle weights for triple and quad axles. As used in this section, the term “dump semitrailer” means any semitrailer designed in such a way as to divest itself of the load carried thereon. (Code 1981 § 43-683. Code 1995 § 142-752.)