§ 35-889. Permits for excess size and weight.

(a)

The unified government engineer or his designee, at his discretion, upon application in writing and good cause being shown, may issue a special permit in writing authorizing the applicant to operate or move a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximums specified with the provisions of this chapter in conformity with the provisions of this chapter upon certain highways or streets under the jurisdiction of the unified government. A special permit for excess length and weight may be either a single trip permit or a continuous operation permit. Permits for excess height and width shall be single trip permits only.

(b)

The application for both a single trip permit and a continuous operation permit shall set forth the name of the applicant, the address and telephone number of the applicant's dispatcher, the model number and serial number of each power unit to be used, shall specifically describe the vehicle or combination of vehicles to be used, including their length, weight, width, and height, shall describe the nature, dimensions, and weight of loads to be operated or moved, shall name the particular streets or highways for which a permit to operate is requested, and shall state whether such permit is requested for a single trip or for continuous operation. Single trip permits may be applied for at any time during the year but shall all expire effective 12:00 a.m., December 31 of each year.

(c)

On each continuous operation permit or single trip permit issued, the unified government engineer or his designate shall:

(1)

Limit the number of vehicles or combination of vehicles approved;

(2)

Specify the model and serial number of each power unit approved;

(3)

Limit the height, width, length, or weight of the vehicle or combination of vehicles and their loads;

(4)

Specify the route to be traveled;

(5)

Limit the number of trips;

(6)

Specify seasonal or other time limitations within which the vehicles described may be operated on the streets or highways indicated;

(7)

Prescribe speed limitations;

(8)

Prohibit stopping on any street in the city except in an emergency; and

(9)

Prohibit the passing of other vehicles.

In addition to the foregoing, the unified government engineer or his designate may further specify other limits or conditions of operation of such vehicles when necessary to assure against undue damage to road foundations, surfaces, structures, or other public property and may require the posting of a surety bond in an amount deemed necessary by the unified government engineer to compensate for any injury to any roadway or road structure or other public property.

(d)

Every permit shall be carried in each vehicle or combination of vehicles to which it refers and all such vehicles shall be open to inspection by any police officer or any duly authorized and appointed weights and measures inspector. No person shall violate terms of conditions of a permit.

(e)

No person shall operate a vehicle or combinations of vehicles of a size or weight of vehicle or load exceeding the maximums specified in this chapter on the streets or highways under the jurisdiction of the city without a special permit issued by the city. No person shall operate a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximums specified in this chapter on any state highway, any city street designated by the secretary as a connecting link in the state highway system, or any highway within the national system of interstate and defense highways without a special permit issued by the secretary.

(f)

Except as provided in section 35-880, a vehicle loaded with bales of hay which exceeds the width as provided in section 35-880 may be moved on any highway designated as a part of the national network of highways by obtaining a permit as provided by this section, if:

(1)

The vehicle plus the bales of hay do not exceed 12 feet in width;

(2)

The vehicle plus the bales of hay do not exceed the height authorized under section 35-882;

(3)

The move is completed during the period beginning 30 minutes before sunrise and ending 30 minutes after sunset;

(4)

The vehicle plus the load are not overweight; and

(5)

The vehicle plus the load comply with the signing and marking requirements of section 35-880.

(g)

The unified government engineer or his designate, upon granting a permit for excess height, width, length, or weight, shall collect a nonrefundable permit fee in the amount established by the county administrator.

(h)

The unified government engineer or his designate, may temporarily suspend a continuous operation permit due to road conditions.

(i)

The unified government engineer or his designate may terminate any or all permits for excess for size and weight issued under this section. Such discretionary termination shall be effective only 14 days from the date written notice of termination is mailed to the permit holder. Upon such discretionary termination, the permit holder shall be refunded a pro rata portion of any permit fee paid.

(j)

Three convictions for violation of this section of any continuous operation permit restriction in addition to any other penalty assessed, shall result in an automatic revocation of the continuous operation permit.

(k)

An appeal of a denial of such special permit for excess size and weight shall be to the county administrator.

(l)

Acceptance of the permit by the applicant shall be evidence that the applicant:

(1)

Assures full compliance with all requirements contained in this section;

(2)

Assumes all responsibility for injury to persons or damages to public or private property; and

(3)

Agrees to hold the unified government harmless from all suits, claims, or damages arising from the movement of such vehicles.

(m)

A house trailer or mobile home that exceeds the width as provided in section 35-880 may be moved on the highways or streets of the city upon obtaining a permit as provided herein, if:

(1)

The width of such house trailer or mobile home does not exceed 16½ feet;

(2)

The driver of the vehicle pulling such house trailer or mobile home has a valid driver's license; and

(3)

Such driver carries with him evidence that such house trailer or mobile home and the vehicle pulling it are covered by motor vehicle liability insurance with limits of not less than $100,000.00 for injury to any one person, and $300,000.00 for injury to persons in any one accident, and $25,000.00 for injury to property.

(Code 1964, § 36-298; Code 1988, § 35-792; Ord. No. 53410, § 1, 1-7-1975; Ord. No. 53976, § 17, 7-22-1975; Ord. No. 57684, § 2, 3-9-1978; Ord. No. 64705, § 15, 9-20-1984; Ord. No. 65479, § 27, 11-16-1989; Ord. No. 65589, § 8, 12-20-1990; Ord. No. 66164, § 30, 10-17-1996)

State law reference

Similar provisions, K.S.A. 8-1911.