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Over-dimensional Vehicles on City Highways (By-law No. 2003-497)

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By-laws contained in this section have been prepared for reference purposes only. Every effort is made to ensure the accuracy of this information; however it is not to be used in place of actual by-laws.

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Over-dimensional (By-law No. 2003-497)

A by-law of the City of Ottawa to regulate the movement of over-dimensional vehicles on City highways.

The Council of the City of Ottawa enacts as follows:

DEFINITIONS
1.

In this by-law:

“axle” means an assembly of two or more wheels whose centres are in one transverse vertical plane and which are transmitting weight to the highway;

“annual over-dimensional vehicle permit” means a permit issued by the City to allow movement of over-dimensional vehicles, subject to specified restrictions, for a period of 12 months from the date of issue;

“City” means the municipal corporation of the City of Ottawa or the geographic area as the context requires;

“combination vehicle” means more than one vehicle, including load, that are coupled together;

“downtown core” means any highway within the area bound by the Rideau River, Bronson Avenue, Queen Street, Bay Street and the Ottawa River as indicated on the map annexed as Schedule “B” to this by-law;

“General Manager” means the General Manager of the City’s Department of Transportation, Utilities and Public Works or authorized assistants;

“gross weight” means the combined weight of vehicle and load;

“highway” includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the areas between the lateral property lines thereof;

“Highway Traffic Act” means the Highway Traffic Act, R.S.O. 1990, Chap. H.8, as amended;

“over-dimensional vehicle” means any combination of vehicle and load having a width, length, height or weight in excess of the limits provided for in the Highway Traffic Act;

“over-dimensional vehicle permit” includes an annual over-dimensional vehicle permit, a project over-dimensional vehicle permit and a single-trip over-dimensional vehicle permit;

“project over-dimensional vehicle permit” means a permit issued by the City to allow movement of similar over-dimensional vehicles, subject to specified restrictions, for a period of up to 6 months from the date of issue on specified City highways;

“reduced load periods” means the period of time weight loads may be reduced on City highways by the General Manager pursuant to the City’s Traffic and Parking by-laws;

“single-trip over-dimensional vehicle permit” means a permit issued by the City of Ottawa to allow movement of a specific over-dimensional vehicle, subject to specified restrictions, for a one-way trip of limited duration on specified City highways;

“superload” means a vehicle and load combination having one or more of the following characteristics:
  (a) gross weight in excess of 120,000 kilograms,
  (b) length of 45 metres or greater,
  (c) width of 6 metres (two-lane highways) or 7 metres (multi lane highway);
 

“traffic management plan” means a standard document outlining the particulars of the proposed movement of an over-dimensional vehicle or vehicles that is submitted to the City for approval;

“trailer” means a vehicle that is at any time drawn upon a highway by a motor vehicle, except an implement of husbandry, a mobile home, another motor vehicle or any device or apparatus not designed to transport persons or property, temporarily drawn, propelled or moved upon such highway, and except a side car attached to a motorcycle, and shall be considered a separate vehicle and not part of the motor vehicle by which it is drawn; and

“vehicle” includes a motor vehicle, trailer, traction engine, farm tractor, road building machine, bicycle and any vehicle drawn, propelled or driven by any kind of power, including muscular power, but does not include a motorized snow vehicle or a street car.
INTERPRETATION
2. (1)

Headings are for reference purposes and shall not affect in any way the meaning or interpretation of the provisions of this by-law.

  (2) This by-law includes the Schedules annexed hereto and the Schedules are hereby declared to form part of this by-law.
  (3) It is declared that if any section, subsection or part or parts thereof be declared by any Court of Law to be bad, illegal or ultra vires, such section, subsection or part or parts shall be deemed to be severable and all parts hereof are declared to be separate and independent and enacted as such.
  (4) In this by-law, a word interpreted in the singular number has a corresponding meaning when used in the plural.
  (5) In this by-law, the following abbreviations stand for the words opposite thereto:
  (a) “m” stands for metre; and
  (b) “kg” stands for kilogram.
OVER-DIMENSIONAL VEHICLE MOVEMENTS
3. Except as provided in Section 4, no person shall move an over-dimensional vehicle on any City highway without having obtained an over-dimensional vehicle permit.
EMERGENCY MOVEMENTS
4. Subject to Sections 5 to 7 inclusive, where public safety or health, or a major business interruption is concerned, movement of an over-dimensional vehicle may occur without regard to the provisions of this by-law.
5. Where an emergency movement has been made, the person making the movement shall, on the same day the movement is made, or if the City offices are closed, no later than the start of the next working day, notify by telephone the City’s permit issuance unit of the following:
  (a) the name of the contractor or company making the movement;
  (b) the nature of the vehicle and movement;
  (c) the locations and route of the movement;
  (d) the estimated duration of the movement; and
  (e) the reason for proceeding without obtaining a permit.
6. The General Manager may require any or all information to confirm the validity of an emergency over-dimensional vehicle movement.
7. Where a movement has proceeded under Section 4, an over-dimensional vehicle permit shall be applied for on the same day the movement is commenced, or if the office of the General Manager is not open for the issuance of permits, on the morning of the next day on which the office is open.
OVER-DIMENSIONAL VEHICLE PERMIT
8. The City retains the right to not issue an over-dimensional vehicle permit, if, in the opinion of the General Manager, for reasons of public health, safety or protection of infrastructure a permit should not be issued.
9. The General Manager may direct or alter the proposed route of the over-dimensional vehicle or timing of the movement in order to maximize public safety and infrastructure protection.
10. Over-dimensional vehicles shall be reduced to the minimum practical size and weight.
11. When applying for an over-dimensional vehicle permit, the applicant shall,
  (a) complete the prescribed application form;
  (b) provide to the City such information as the General Manager may require including, but not limited to, detailed vehicle dimensions, number of axles and axle spacing, tire width, gross vehicle weight and weight distribution;
  (c) file the completed application together with the non-refundable permit fee indicated in Schedule “A” to this by-law;
  (d) where applicable, the traffic management plan described in Section 35; and
  (e) the indemnification agreement described in Section 40.
12. An over-dimensional vehicle permit shall not be issued until,
  (a) the permit fee or fees required by paragraph 11(c) have been paid; and
  (b) proof has been provided that the person applying for the permit is the owner of the vehicle or a duly authorized representative of the owner.
13. An over-dimensional vehicle permit is not transferable and shall apply only to a specific vehicle or vehicles.
14. An over-dimensional vehicle permit is not valid during reduced load periods, unless specified on the permit.
15. The limits imposed by Sections 8 to 14 inclusive shall not apply where movement of an over-dimensional vehicle or vehicles is undertaken pursuant to the emergency movement provisions in Section 4.
ANNUAL OVER-DIMENSIONAL VEHICLE PERMIT
16. An annual over-dimensional vehicle permit is valid for 12 months from the date of issue, with maximum weights and dimensions as provided in Sections 17 and 18.
17. For single vehicles, the following maximum weights and dimensions apply:
  (a) the maximum length shall be in accordance with the Highway Traffic Act, including a maximum rear overhang of 4.65 m;
  (b) the maximum width shall be up to and including 3.99 m without escort, or up to and including 4.3m with escort;
  (c) the maximum height shall be 4.26 m; and
  (d) the maximum weight shall be in accordance with the Highway Traffic Act.
18. For combination vehicles, the following maximum weights and dimensions apply:
  (a) the maximum length shall be 25m including a maximum rear overhang of 4.65 m.  A greater rear overhang may be allowed, subject to approval by the General Manager;
  (b) the maximum width shall be up to and including 3.99 m without escort, or up to and including 4.3 m with escort;
  (c) the maximum height shall be 4.26 m; and
  (d) the maximum weight shall be 63,500 kg.
PROJECT OVER-DIMENSIONAL VEHICLE PERMIT
19. A project over-dimensional vehicle permit is valid for up to 6 months from date of issue, with maximum weights and dimensions as provided in Sections 20 and 21.
20. For single vehicles, the following maximum weights and dimensions apply:
  (a) the maximum length in accordance with the Highway Traffic Act, including a maximum rear overhang of 4.65 m;
  (b)

no sign is placed within fifty centimeters (50 cm) of a sidewalk, or where there is no sidewalk, within two metres (2 m) of the roadway or within fifty centimeters (50cm) of the edge of a shoulder where such exists; and

  (c) the maximum height shall be 4.26 m; and
  (d) weight in excess of Highway Traffic Act at discretion of General Manager.
21. For combination vehicles, the following maximum weights and dimensions apply:
  (a) the maximum length shall be 36.75 m, including a maximum rear overhand of 4.65 m;
  (b)

the maximum width shall be 4.3 m;

  (c) no height restriction provided that the load is on a float type trailer and provided that heights of or greater than 4.26 m require route verification; and
  (d) the maximum weight shall be 85,000 kg.
SINGLE-TRIP OVER-DIMENSIONAL VEHICLE PERMIT
22. A single-trip over-dimensional vehicle permit may be issued for an over-dimensional vehicle at the sole discretion of the General Manager with due consideration to public safety and infrastructure protection.
23. A description of the transportation requirements for the load and any other information that in the opinion of the General Manager is necessary shall be provided with the permit application.
24. (1) Superloads shall require a single-trip permit that may be issued at the sole discretion of the General Manager.
  (2) A description of the transportation requirements for the superload and any other information that in the opinion of the General Manager is necessary shall be provided with the permit application.
  (3) A traffic management plan shall be provided for all single trip permits for superload applications.
  (4) A minimum of 10 working days is required to process a superload permit application.
NIGHT MOVES
25. (1) No permit holder shall move an over-dimensional vehicle between one-half hour before dusk and one-half hour after dawn.
  (2) The limits imposed by subsection (1) shall not apply where:
  (a) the extremities of the over-dimensional vehicle are marked with a solid amber lamp visible in the front and rear, conforming to the Society of Automotive Engineers (SAE) Code P2 or P3 with markings to appear on each lamp and a retro-reflective “D” sign; and
  (b) weather or road conditions or visibility do not make travelling hazardous to the operator or to the driving public;
  (c) for the purpose of paragraph (b), weather and road conditions shall be deemed to be hazardous if there is an accumulation of ice or snow on the roadway, if the continuous use of windshield wipers is required, or if winds are high.
. (3) Vehicles that are underway when hazardous weather or road conditions occur shall exit the highway at the first available location and park in a safe place until the weather and road conditions clear.
REDUCED LOAD PERIODS
26. Single trip permits and project permits may be issued for overweight vehicle movements on City highways which are subject to reduced load periods but only when the risk of infrastructure damage is considered by the General Manager to be minimal.
REVOCATION OF PERMIT
27.

The City may revoke an over-dimensional vehicle permit issued under this by-law if it was issued on mistaken, false or incorrect information, if it was issued in error, or if the holder thereof is in contravention of this By-law.

RELATION OF OTHER BY-LAWS AND REGULATIONS
28. Nothing in this by-law shall exempt any person from complying with the requirements of any other by-law in force within the City of Ottawa, or with any other restrictions lawfully imposed by an authority having jurisdiction to make such restrictions or from applying for and obtaining any permit, license, permission or approval required under the Highway Traffic Act.
LIMITATIONS IN THE DOWNTOWN CORE
29. Movements within the downtown core on normal working days are subject to the following additional restrictions:
  (a) no vehicle with a width exceeding 3.85 m, or length or height exceeding the limits set out in the Highway Traffic Act shall be permitted to use any highway within the downtown core between the hours of 7:00 AM and 9:00 AM in the morning or 3:30 PM and 5:30 PM in the afternoon;
  (b) no vehicle with a width exceeding 3.99 m, or length or height exceeding the limits set out in the Highway Traffic Act shall be permitted to use any highway within the downtown core between the hours of 6:00 AM in the morning and 6:00 PM in the afternoon without a police escort; and
  (c) no vehicle with a width exceeding 3.85 m up to and including 3.99 m shall be permitted to use any highway within the downtown core between the hours of 6:00 AM in the morning and 6:00 PM in the afternoon without a private escort.
30.

For annual and project over-dimensional vehicle permits, movements within the downtown core during statutory holidays and weekends are permitted subject to escort requirements with a minimum of two working days notice to the General Manager.

QUALIFICATION OF MEASUREMENTS
31. Calculations used in determining the length, width, height and weight of over-dimensional vehicles shall be made in accordance with the Highway Traffic Act and its Regulations.
PRODUCTION OF PERMIT
32. The driver of an over-dimensional vehicle on a highway shall produce a true copy of an over-dimensional vehicle permit, when so demanded by a police officer or an officer appointed by the City for carrying out the enforcement of this by-law.
PRODUCTION OF VERIFICATION
33. In addition to any over-dimensional vehicle permit required by the City, the driver of an over-dimensional vehicle on a highway shall produce a true copy of the verification of the weight of the vehicle when so demanded by a police officer or an officer appointed by the City of Ottawa for carrying out the enforcement of this by-law.
POWER TO VERIFY DIMENSIONS AND WEIGHT
34. Where a police officer or officer appointed to carry out the enforcement of this by-law has reasonable or probable grounds that the weight or dimensions of a vehicle may exceed the requirements of this by-law, he or she may weigh the same by means of either a portable or stationary scales or may require the vehicle to be driven to the nearest weigh scales, and he or she may measure the dimensions of the vehicle by using a measuring tape or other measuring device.
TRAFFIC MANAGEMENT PLAN
35. (1) Unless waived by the General Manager, the applicant shall prepare a traffic management plan in support of an application for an over-dimensional vehicle permit when one or more of the following conditions is present:
  (a) the vehicle length exceeds 36.75 m;
  (b) the vehicle width exceeds 4.3 m;
  (c) the gross vehicle weight exceeds 85,000 kg.
  (2) The traffic management plan shall include in detail all aspects of the intended move as directed by the City and shall be undertaken at the sole expense of the applicant.  The traffic management plan may contain one or more of the following components as determined by the City:
  (a) the date or dates and the proposed time of the move;
  (b) a detailed route survey indicating all appropriate locations for road closures, pull-over areas to permit relief of traffic congestion, emergency parking, fuel stops, significant turning movements, contingency plans for breakdown, escort services including any requirement for a police escort and any anticipated roadside related activities;
  (c) an engineering evaluation of the road surface; and
  (d) an engineering evaluation of any bridge to be crossed along the route where the proposed load is in excess of 120,000 kg.  The applicant shall hire a professional engineer competent to evaluate the bridge or bridges and present the findings to the City in a format suitable for review by engineering staff.
  (3) Where repairs or improvements to a road base or surface are required prior to the proposed movement of a vehicle or load, the road surface shall be reinforced at the cost of the applicant.
  (4) Where strengthening or reinforcement of a bridge or bridges is required prior to the proposed movement of a vehicle or load, the bridge or bridges shall be strengthened or reinforced at the sole cost of the applicant including ancillary expenses such as utility relocation, traffic control, temporary structure removal and site restitution following the move.
  (5) A copy of the proposed road or bridge strengthening or reinforcement design shall be submitted to the General Manager in a format acceptable for review by engineering staff.
  (6) The General Manager may modify the traffic management plan and may direct the movement of the vehicle and load to a specific highway route and may impose any other requirements, which are deemed to be in the interest of public safety and infrastructure protection.
VEHICLE ESCORT
36. (1) Unless otherwise waived by the General Manager, a police escort shall be required for an over-dimensional vehicle where:
  (a) the provisions of Section 29 of this by-law apply;
  (b) the width of the vehicle including load exceeds 5m;
  (c) the load exceeds 45.75m in length; or
  (d) a police escort is requested by the General Manager.
  (2) Where a police escort is required, the escort shall include police patrol vehicles to the front and to the rear of the over-dimensional vehicle and shall be on a cost-recovery basis to the City or the police service and is subject to such other conditions as may be imposed by the police service conducting the escort.
37. Unless otherwise waived by the General Manager, a private escort of one vehicle shall be required for an over-dimensional vehicle where:
  (a) the provisions of Section 29 of this by-law apply;
  (b) the width of the vehicle including load is between 4.0 m and 4.61;
  (c) the load is between 30.0 m and 45.75 m in length or the length of the overhang exceeds 4.65 m; or
  (d) the height exceeds 4.26 m.
38. Despite Section 37, if the width of the vehicle is between 4.61 m and 4.99 m, two private escort vehicles are required.
DAMAGE TO PROPERTY OR INFRASTRUCTURE
39. Where damage to public property or infrastructure occurs as a result of the movement of an over-dimensional vehicle on a highway or over or under a bridge, the City shall be compensated by the permit holder for the cost of any repairs including engineering and legal costs.
INDEMNIFICATION
40.

An over-dimensional vehicle permit is issued subject to the condition that the permit holder shall indemnify the City and each of its officers, agents, servants and workmen from all causes of action, loss, costs or damages arising from the movement, non-movement or imperfect movement of over-dimensional vehicles as authorized by this by-law whether with or without negligence on the part of the permit holder or the officers, agents, servants or workmen of the permit holder.

ENFORCEMENT
41. This by-law shall be enforced by the Chief of Police and the Municipal By-law Enforcement Officers of the City.
OFFENCES
42.

Every person who contravenes any of the provisions of this by-law is guilty of an offence.

PENALTIES
43.

Every person who is convicted of an offence under this by-law is liable to a fine as provided for in the Highway Traffic Act.

PROHIBITION ORDER

44. When a person has been convicted of an offence under this by-law:
  (a) the Ontario Court of Justice, or
  (b) any court of competent jurisdiction thereafter may, in addition to any other penalty imposed on the person convicted, make an order prohibiting the continuation or repetition of the offence by the person convicted.
REPEAL
45. The following by-laws of the old municipalities are repealed:
  (a) By-law 220 of 1986 of the old Regional Municipality of Ottawa-Carleton entitled “Being a by-law to authorize the Regional Transportation Commissioner to issue the permits referred to in Section 93 of the Highway Traffic Act, R.S.O. 1980, Chapter 198, as amended”;
  (b) By-law No. 74-27 of the old Corporation of the Township of Goulbourn entitled “Restricting the weight of loads to be carried on vehicles”; and
  (c)

By-law No. 74-63 of the old Corporation of the Township of Goulbourn entitled “Being a by-law to prohibit heavy traffic”.

SHORT TITLE

46.

This by-law may be referred to as the “Over-dimensional Vehicle By-law”.

  ENACTED AND PASSED this 8th day of October, 2003.
CITY CLERK MAYOR
SCHEDULE “A ”
PERMIT FEES
Annual $250.00
Project $189.00
Single Trip $  76.50
Single Trip - Superload $607.00

SCHEDULE “B”
MAP OF DOWNTOWN CORE

A by-law of the City of Ottawa to regulate the movement of over-dimensional vehicles on City highways.

Enacted by City Council at its meeting of October 8, 2003.

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