Chapter 12.10
OVERLEGAL MOVEMENT OF VEHICLES
Sections:
12.10.020 Scope and construction of terms.
12.10.050 Permits required - Dimensions or weights.
12.10.060 Permits required - Equipment.
12.10.070 Exemptions for farm equipment.
12.10.075 Haul route agreements.
12.10.080 Special permits - Fees.
12.10.090 Special permits - Issuance.
12.10.100 Special permits - Conditions.
12.10.110 Overlegal movement regulations.
12.10.120 Escort vehicles - When required.
12.10.130 Escort vehicles - Type and equipment.
12.10.140 Flags and flagging personnel.
12.10.150 Construction equipment - Special allowance.
12.10.160 Violation - Penalties.
12.10.010 Definitions.
(1) “Reducible overlegal vehicle” means any vehicle or vehicle combination, with or without load, which exceeds those maximum limitations specified by Washington State law as are set forth in LCC 12.10.050 which can be reasonably reduced in size or weight, dismantled or disassembled in a manner that will conform to law without a special permit.
(2) “Nonreducible overlegal vehicle” means any vehicle or vehicle combination, with or without load, which exceeds those maximum limitations specified by Washington State law as are set forth in LCC 12.10.050 which cannot be reasonably reduced in size or weight, dismantled or disassembled in a manner that will conform to law without a special permit, or is otherwise not in conformity with the provisions of this chapter and/or Washington State vehicle laws.
(3) “County road” means every public highway or part thereof maintained by the county public works division, lying outside the limits of incorporated cities and towns, and which has not been designated as a state highway as that term is defined in RCW 46.04.560 as now or hereafter amended.
(4) “Gross weight” means the total vehicle weight including load. [Res. 99-515, 1999*; Ord. 1157, 1998; Ord. 1070 § 1, 1981]
12.10.020 Scope and construction of terms.
Terms used in this chapter shall have that meaning given to them in this chapter and Chapters 46.04 and 46.44 RCW, and Chapter 468-38 WAC, and where not defined herein shall have that meaning clearly indicated by the context in which such term is used. [Ord. 1157, 1998; Ord. 1070 § 2, 1981]
12.10.030 Amendments.
All Washington State laws (RCW) and regulations (WAC) referred to herein shall apply as now or hereafter amended on the date the action or violation occurs. [Ord. 1157, 1998; Ord. 1070 § 3, 1981]
12.10.040 Movements unlawful.
(1) It shall be unlawful for any nonreducible overlegal vehicle to travel any county road in Lewis County without an overlegal special permit issued by the Lewis County public services department or its authorized designee, or a valid state overlegal special permit issued by the Washington State Department of Transportation which has been countersigned or otherwise validated for movements on county roads by said public works department, its designee or other authorized county office.
(2) It shall be unlawful for any reducible overlegal vehicle to travel any public road or highway in Lewis County lying outside the corporate limits of incorporated cities and towns without a valid county or Washington state overlegal special permit.
(3) It shall be unlawful for anyone applying for an overlegal special permit from Lewis County to misrepresent the size or weight of a vehicle or vehicle combination, with or without load, for which such permit is being sought, or any other information relevant to the issuance of such permit. Any overlegal special permit issued by Lewis County as a consequence of such misrepresentation shall be invalid. [Res. 99-515, 1999*; Ord. 1157, 1998; Ord. 1070 § 4, 1981]
12.10.050 Permits required - Dimensions or weights.
An overlegal special permit shall be required for movement on any Lewis County road when the nonreducible overlegal vehicle moved has dimensions or weights in excess of those maximums specified by Washington State law as are set forth in the following sections of the Revised Code of Washington:
(1) Outside width limit - RCW 46.44.010.
(2) Maximum height - Impaired clearance signs - RCW 46.44.020.
(3) Maximum length - RCW 46.44.030.
(4) Maximum - Front and rear protrusions - RCW 46.44.034.
(5) Maximum gross weights - RCW 46.44.041 and 46.44.042. [Ord. 1157, 1998; Ord. 1070 § 5, 1981]
12.10.060 Permits required - Equipment.
An overlegal special permit will be required for movement on any Lewis County road when the vehicle, or vehicle combination, with or without load, moved:
(1) Lacks brakes and exceeds 3,000 pounds gross weight; for example, scrapers, crushing plants, generators, etc.; or
(2) Is equipped with steel wheels, tracks, pads, lugs or skids; or is not in conformity with state of Washington motor vehicle laws or Lewis County regulations. [Ord. 1157, 1998; Ord. 1070 § 6, 1981]
12.10.070 Exemptions for farm equipment.
No overlegal special permit shall be required for the movement on county roads of self-propelled, hauled or towed farm implements; providing that such equipment would also be exempt from requiring an overlegal special permit issued by the State Department of Transportation if moved on a state highway under provisions of RCW 46.44.130 and regulations enacted pursuant thereto; providing further that all such movements on county roads so exempt from special permit shall be subject to the same conditions, restrictions and requirements they would be subject to if moved on a two-lane state highway without a special permit and providing further, that the exemption herein for hauling such farm implements shall not apply to persons other than the owner/operator thereof. [Ord. 1157, 1998; Ord. 1070 § 7, 1981]
12.10.075 Haul route agreements.
Haul route agreements are allowed where overlegal vehicles are travelling a short distance on county roads to a specific destination on a regular basis in lieu of permitting. [Ord. 1237, 2012]
12.10.080 Special permits - Fees.
(1) The fee for processing an application for overlegal special permits shall be those fees as are set forth in RCW 46.44.0941, as now or hereafter amended, such fee shall be paid to the Lewis County public works department.
(2) Refunds may be made only under the following circumstances:
(a) A permit issued in consequence of error, either by fact or of law;
(b) The public works department has received an amount in excess of the required permit fee;
(c) The public works department has been notified, prior to the expiration date of the permit, that unusual circumstances which render a proposed move impractical or impossible have developed. This must be substantiated, in writing, to the satisfaction of the public works department.
(3) No fee shall be required for a return trip when authorized by overlegal special permit; provided, the return trip is within 48 hours of the initial movement and the movements are during daylight hours.
(4) Where an overlegal movement will travel on both state highways and Lewis County roads and applicant has a valid permit issued by the Washington State Department of Transportation, the public works department or authorized designee shall validate said permit for movements on county roads without a fee, except where authorized herein, by countersigning the permit or, if by phone, issuing a county permit number, but only where the proposed movement will otherwise be permitted by this chapter. Such applicant must provide a State Department of Transportation permit number, other pertinent information as requested and request specified route permission on the Lewis County road(s) to be traveled; provided, however, that log trucks licensed by special permit pursuant to RCW 46.44.047, and vehicles issued annual additional tonnage permits pursuant to RCW 46.44.095 shall be permitted to operate on the county roads of Lewis County without such validation, or route clearance, providing they are otherwise in compliance with all Lewis County regulations and Washington State motor vehicle laws.
(5) Nonsalaried agents of Lewis County appointed by the public works director or his designee to issue Lewis County overlegal special permits and to validate Washington State overlegal special permits for movements on county roads shall be authorized to charge, collect and retain such fee from permittee as may be determined by the public works director or his designee, not exceeding $2.00 per permit, for each state overlegal special permit agent may validate for movements on county roads.
(6) The public works director or his designee is hereby authorized to enter into agent agreements for the purpose of establishing agent fees and other matters of a contractual nature deemed necessary by the public works director or his designee to properly administer the requirements of this chapter by agents. [Res. 99-515, 1999*; Ord. 1157, 1998; Res. 82-91 §§ 1, 2, 1982; Ord. 1070 § 8, 1981]
12.10.090 Special permits - Issuance.
Overlegal special permits can be applied for at the Lewis County public to issue such permits by the public works director or his designee during the hours from 8:00 a.m. to 5:00 p.m., Monday through Friday. Where a state highway permit holder must make an emergency overlegal movement and is unable to contact the public works director or his designee, the Lewis County sheriff’s office may authorize such a move, upon the applicant’s providing the sheriff’s office with the State Department of Transportation permit number and all pertinent information in regard to such movement. Such permittee shall comply with State and Lewis County regulations for pilot cars, other escort vehicles, flagging personnel, and utility company notifications when and where needed prior to leaving any state highway and when traveling upon Lewis County roads. [Res. 99-515, 1999*; Ord. 1157, 1998; Ord. 1070 § 9, 1981]
12.10.100 Special permits - Conditions.
(1) The overlegal special permit as issued may carry requirements and conditions which address identifiable hazards or potential road damage.
(2) Convoy Movements. An overlegal special permit may permit movement of vehicles in convoy; provided, such authorization is so specified on the permit; and provided, that no such permit shall allow the convoy movement of those vehicles required by this chapter to have pilot cars.
(3) Hold Harmless. All overlegal special permits issued by Lewis County shall be issued on the condition that the permittee shall be solely responsible and liable for any accident, damage or injury to any person or property resulting from the operation of the overlegal movement covered by permits on Lewis County roads and that the permittee shall hold blameless and harmless and shall indemnify Lewis County, its officers, agents and employees against any and all claims, demands, loss, injury, damage actions and cost of actions whatsoever, which they or any of them may sustain by reason of the acts, conduct, or operation of the permittee in connection with the movement covered by such permits issued by Lewis County.
(4) No special permit issued by Lewis County shall be valid for state highways or for any overlegal movements within the corporate limits of any city or town.
(5) Permit Maximums. No overweight permit shall be issued for the movement of any vehicle or combination of vehicles on any county road which exceeds the gross weight limits established as maximums for special permits as are set forth in RCW 46.44.091; provided, all special consideration permitted by subsection (4) of said RCW shall be by the county public works department; and providing further, subsection (6) is not adopted.
(6) Loading Restrictions and Requirements. Vehicles moving on county roads by special permit shall adhere to those loading restrictions and requirements required by WAC 468-38-370.
(7) Brakes - Requirements. Every motor vehicle or combination of motor drawn vehicles moving on county roads by special permit shall be capable, at all times and under all conditions of loading, of being stopped on a dry, smooth, level road free from loose material, upon application of the service brake, within a distance of 50 feet decelerating from 20 m.p.h.
(8) Lights - Stop and Turn Signals. All overlegal vehicles moving on county roads by special permit shall adhere to those stop and turn signal requirements as are set forth in RCW 46.37.200.
(9) Safety Chains and Devices. Special permits shall not be valid for the operation of any vehicle upon the county roads of Lewis County unless the load thereon is securely fastened and protected by safety chains or other device. Dragging of load on the roadway will not be permitted. Vehicles with a boom or structural erection member attached thereto must have the boom or member secured in such a manner that it will not elevate or sway while in transportation.
(10) Drawbar - Towlines. The drawbar or other connection between vehicles in combination moving on county roads by special permit shall adhere to those drawbar and towline requirements as are set forth in RCW 46.44.070.
(11) Signs - Two-Way Radio. All overlegal vehicles moving on county roads by special permit which, by this chapter, require escort vehicles shall adhere to those sign and two-way radio requirements as are set forth in WAC 468-38-190 and 468-38-210.
(12) It shall be the responsibility of all applicants applying for an overlegal special permit to provide those county personnel processing such permit with all information relevant to the proposed move and show that the vehicle, vehicle combination or load is properly licensed and cannot be reasonably reduced in size or weight, dismantled or disassembled in a manner that will conform to law without a special permit. [Res. 99-515, 1999*; Ord. 1157, 1998; Ord. 1070 § 10, 1981]
12.10.110 Overlegal movement regulations.
(1) Except as specified in the permit, all requirements of the state of Washington motor vehicle laws shall be obeyed during any overlegal movement on Lewis County roads.
(2) All overlegal movements on Lewis County roads must be made during daylight hours pursuant to WAC 468-38-260 & -290, unless during a period deemed an emergency and/or upon approval of the public works department.
(3) All overlegal movements on county roads by overlegal special permit shall comply with posted road and bridge restrictions on Lewis County roads, and with any and all other restrictions pertaining to overlegal movements on county roadways and bridges as may be specified in such permit by the public works department.
(4) Except where applicable law or regulation specifies a lower speed, the maximum speed permitted for any overlegal vehicle moving on Lewis County roads will be 45 miles per hour.
(5) No overlegal special permit shall be valid during adverse weather conditions, hazardous road conditions or whenever inclement weather reduces visibility to less than 1,000 feet.
(6) No overlegal movement will be permitted on Lewis County roads during such time or on such days when increased traffic may be anticipated over the route to be traveled, unless during a period deemed an emergency and/or upon approval of the public works department.
(7) Overlegal movements for which an overlegal permit is required shall not be permitted on Lewis County roads on Sundays after 12:00 noon, and the following holidays: Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas, and New Year’s Day, except that the public works department may approve such movements in certain areas or at certain times of the day where traffic flow is minor, or where such movement will not constitute an endangerment to the traveling public.
(8) The permittee shall have a duty to notify each utility company under whose lines an overheight load or vehicle shall pass and not clear prior to such movement on county roads and shall be responsible for any damages to overhead structures.
(9) The permittee shall turn off the roadway wherever sufficient area for a safe turn-out exists to permit accumulated traffic exceeding four motor vehicles to proceed past the overlegal movement.
(10) During periods when road restrictions are in effect on Lewis County roads, no overlegal movement of any kind will be permitted without the approval of the public works department. [Res. 99-515, 1999*; Ord. 1157, 1998; Res. 82-361, 1982; Ord. 1070 § 11, 1981]
12.10.120 Escort vehicles - When required.
(1) When vehicle, vehicles or load is over 11 feet in width, two escort cars (one front and one rear) are required when the county road to be traversed is a two-lane road.
(2) When overall length of load, including vehicles, exceeds 100 feet or when rear overhang of load from the last axle exceeds one-third of total length, one escort car or, by express authority set forth in the permit, a riding flag person will be required on two-lane and three-lane highways.
(3) When in the opinion of the public works department escort cars are necessary to protect the traveling public, for any overdimension and/or overweight move either across, upon, or along a county road, escort cars may be required as a condition of issuance of the permit.
(4) One or more escort vehicles may be required in addition to the two regular pilot cars to aid as circumstances may require for traffic control for the protection of motorists, pedestrians or property in the vicinity of identifiable hazards due to traffic conditions, terrain or location. [Res. 99-515, 1999*; Ord. 1157, 1998; Res. 90-173, 1990; Ord. 1070 § 12, 1981]
12.10.130 Escort vehicles - Type and equipment.
(1) Escort vehicles shall be of a type and operated in a manner as required by WAC 468-38-110.
(2) Escort vehicles shall be equipped in a manner as required by 468-38-170 and 468-38-210. [Ord. 1157, 1998; Ord. 1070 § 13, 1981]
12.10.140 Flags and flagging personnel.
Flags shall be a type required by WAC 468-38-140. A flag person shall meet those qualifications and perform those duties required by WAC 468-38-150. [Ord. 1157, 1998; Ord. 1070 § 14, 1981]
12.10.150 Construction equipment - Special allowance.
Vehicles equipped with large pneumatic tires may be granted a special permit exceeding axle limits; provided they meet those tire size requirements contained in subsection (3) of RCW 46.44.091. [Ord. 1157, 1998; Ord. 1070 § 15, 1981]
12.10.160 Violation - Penalties.
Violation of any provision of this chapter shall be a traffic infraction and shall be subject to the monetary penalty in LCC 1.20.020 and 1.20.040. [Ord. 1180 §16, 2002; Ord. 1157, 1998; Ord. 1070 § 17, 1981]
*[Note: The department of public works by Resolution is currently assigned these duties of the former department of public services.]