35700. (a) The legislative body of any county or city may by
ordinance permit the operation and moving of vehicles and loads upon
highways under their respective jurisdictions of a maximum gross
weight in excess of the maximum gross weight of vehicles and loads
specified in this code.
(b) This section does not apply to state highways.
35700.5. (a) The Department of Transportation, upon adoption of an
ordinance or resolution that is in conformance with the provisions of
this section by both the City of Long Beach and the City of Los
Angeles, may issue a special permit to the operator of a vehicle,
combination of vehicles, or mobile equipment, permitting the
operation and movement of the vehicle, combination, or equipment, and
its load, on the 3.66-mile portion of State Route 47 and State Route
103 known as the Terminal Island Freeway, between Willow Street in
the City of Long Beach and Terminal Island in the City of Long Beach
and the City of Los Angeles, and on the 2.1-mile portion of State
Highway Route 1 that is between Blinn Avenue in the City of Los
Angeles and Harbor Avenue in the City of Long Beach, if the vehicle,
combination, or equipment meets all of the following criteria:
(1) The vehicle, combination of vehicles, or mobile equipment is
used to transport intermodal cargo containers that are moving in
international commerce.
(2) The vehicle, combination of vehicles, or mobile equipment, in
combination with its load, has a maximum gross weight in excess of
the maximum gross weight limit of vehicles and loads specified in
this chapter, but does not exceed 95,000 pounds gross vehicle weight.
(3) (A) The vehicle, combination of vehicles, or mobile equipment
conforms to the axle weight limits specified in Section 35550.
(B) The vehicle, combination of vehicles, or mobile equipment
conforms to the axle weight limits in Section 35551, except as
specified in subparagraph (C).
(C) Vehicles, combinations of vehicles, or mobile equipment that
impose more than 80,000 pounds total gross weight on the highway by
any group of two or more consecutive axles, exceed 60 feet in length
between the extremes of any group of two or more consecutive axles,
or have more than six axles shall conform to weight limits that shall
be determined by the Department of Transportation.
(b) The permit issued by the Department of Transportation shall be
required to authorize the operation or movement of a vehicle,
combination of vehicles, or mobile equipment described in subdivision
(a). The permit shall not authorize the movement of hazardous
materials or hazardous wastes, as those terms are defined by local,
state, and federal law. The following criteria shall be included in
the application for the permit:
(1) A description of the loads and vehicles to be operated under
the permit.
(2) An agreement wherein each applicant agrees to be responsible
for all injuries to persons and for all damage to real or personal
property of the state and others directly caused by or resulting from
the operation of the applicant's vehicles or combination of vehicles
under the conditions of the permit. The applicant shall agree to
hold harmless and indemnify the state and all its agents for all
costs or claims arising out of or caused by the movement of vehicles
or combination of vehicles under the conditions of the permit.
(3) The applicant shall provide proof of financial responsibility
that covers the movement of the shipment as described in subdivision
(a). The insurance shall meet the minimum requirements established
by law.
(4) An agreement to carry a copy of the permit in the vehicle at
all times and furnish the copy upon request of an employee of the
Department of the California Highway Patrol or the Department of
Transportation.
(5) An agreement to place an indicia, developed by the Department
of Transportation, in consultation with the Department of the
California Highway Patrol, upon the vehicle identifying it as a
vehicle possibly operating under this section. The indicia shall be
displayed in the lower right area of the front windshield of the
power unit. The Department of Transportation may charge a fee to
cover the cost of producing and issuing this indicia.
(c) The permit issued pursuant to subdivision (a) shall be valid
for one year. The permit may be canceled by the Department of
Transportation for any of the following reasons:
(1) The failure of the applicant to maintain any of the conditions
required pursuant to subdivision (b).
(2) The failure of the applicant to maintain a satisfactory
rating, as required by Section 34501.12.
(3) A determination by the Department of Transportation that there
is sufficient cause to cancel the permit because the continued
movement of the applicant's vehicles under the permit would
jeopardize the safety of the motorists on the roadway or result in
undue damage to the highways listed in this section.
(d) The Department of Transportation may charge a fee to cover the
cost of issuing a permit pursuant to subdivision (a).
35701. (a) Any city, or county for a residence district, may, by
ordinance, prohibit the use of a street by any commercial vehicle or
by any vehicle exceeding a maximum gross weight limit, except with
respect to any vehicle which is subject to Sections 1031 to 1036,
inclusive, of the Public Utilities Code, and except with respect to
vehicles used for the collection and transportation of garbage,
rubbish, or refuse using traditionally used routes in San Diego
County when the solid waste management plan prepared under Section
66780.1 of the Government Code is amended to designate each
traditionally used route used for the purpose of transporting
garbage, rubbish, or refuse which intersects with a local or regional
arterial circulation route contained within a city or county's
traffic circulation element and which provides access to a solid
waste disposal site.
(b) The ordinance shall not be effective until appropriate signs
are erected indicating either the streets affected by the ordinance
or the streets not affected, as the local authority determines will
best serve to give notice of the ordinance.
(c) No ordinance adopted pursuant to this section after November
10, 1969, shall apply to any state highway which is included in the
National System of Interstate and Defense Highways, except an
ordinance which has been approved by a two-thirds vote of the
California Transportation Commission.
(d) The solid waste management plan prepared under Section 66780.1
of the Government Code by San Diego County may designate the
traditionally used routes.
(e) "Traditionally used route," for purposes of this section,
means any street used for a period of one year or more as access to
or from a solid waste disposal site.
35702. No ordinance proposed under Section 35701 is effective with
respect to any highway which is not under the exclusive jurisdiction
of the local authority enacting the ordinance, or, in the case of any
state highway, until the ordinance has been submitted by the
governing body of the local authority to, and approved in writing by,
the Department of Transportation. In submitting a proposed
ordinance to the department for approval, the governing body of the
local authority shall designate therein, an alternate route for the
use of vehicles, which route shall remain unrestricted by any local
regulation as to weight limits or types of vehicles so long as the
ordinance proposed shall remain in effect. The approval of the
proposed ordinance by the Department of Transportation shall
constitute an approval by it of the alternate route so designated.
35703. No ordinance adopted pursuant to Section 35701 shall
prohibit any commercial vehicles coming from an unrestricted street
having ingress and egress by direct route to and from a restricted
street when necessary for the purpose of making pickups or deliveries
of goods, wares, and merchandise from or to any building or
structure located on the restricted street or for the purpose of
delivering materials to be used in the actual and bona fide repair,
alteration, remodeling, or construction of any building or structure
upon the restricted street for which a building permit has previously
been obtained.
35704. No ordinance adopted pursuant to Section 35701 to decrease
weight limits shall apply to any vehicle owned by a public utility or
a licensed contractor while necessarily in use in the construction,
installation, or repair of any public utility.
35705. Section 35701 shall not be applicable to any city street on
which money from the State Highway Account in the State
Transportation Fund has been or is used for construction or
maintenance except in such cases as the legislative body of the city,
after notice and hearing, determines to reduce weight limits on such
streets. Notice of the hearing shall be published as provided in
Section 6064 of the Government Code. The notice shall advise all
interested parties that they may submit written and oral objections
to the proposed action and shall designate a time and place for
presentation of such objections. The time for submission of
objections shall not expire, and the hearing may not be held, less
than 60 days after the first publication of notice. The hearing
shall be held before the legislative body of the city. All
objections shall be considered and interested parties shall be
afforded an adequate opportunity to be heard in respect to their
objections.
35706. Boards of supervisors in their respective counties may by
ordinance reduce the permissible weight of vehicles and loads upon
unimproved county highways or upon county bridges.
35707. Boards of supervisors in their respective counties may by
ordinance reduce the permissible weights upon improved highways only
which by reason of deterioration will be destroyed unless the weight
limits are reduced, but no such reduction shall extend for a period
of more than 90 days unless actual repair of the highway is begun
within that time and thereafter continuously carried on to
completion.
For the purposes of this section, an improved county highway means
a highway paved with cement concrete or asphaltic concrete, or a
highway with a roadway of hard surface not less than four inches
thick made up of a mixture of rock, sand, or gravel bound together by
an artificial binder other than natural soil.
35708. In the event any person protests in writing to the clerk of
the board of supervisors within 15 days after the adoption of an
ordinance reducing the permissible gross weight upon an improved
highway, the reduction in weight shall not become final until the
Department of Transportation after a hearing approves the action of
the board of supervisors in making such reduction.
35709. The hearing shall be held in the county in which the highway
is located within 25 days after a request therefor, and shall be
conducted by one or more engineers of the Department of
Transportation to be designated by the Director of Transportation.
The engineers shall hear all evidence presented and report their
findings in writing to the director. Such director shall, upon the
basis of the findings, declare in writing the approval or disapproval
of the reduction.
35710. Whenever any weight limit different from those specified in
this code is fixed in accordance with Section 35706 or 35707, the
board of supervisors shall cause signs indicating the weight so fixed
to be erected at all entrances to the highway upon which the
permissible gross weight is altered.
35711. No ordinance adopted pursuant to Section 35706 or 35707 or
35712 shall prohibit any commercial vehicle from using any county
highway by direct route to or from a state highway for the purpose of
delivering or loading for transportation goods, wares, or
merchandise.
35712. (a) Any county may, by ordinance, prohibit the use of any
highway located in an unincorporated residential or subdivision area
by any commercial vehicle exceeding a gross weight of 14,000 pounds.
(b) Any county of the third class, as defined by Section 28024 of
the Government Code, or of the ninth class, as defined by Section
28030 of the Government Code, may, by ordinance, prohibit the use of
any highway located in an unincorporated residential or subdivision
area by any commercial vehicle exceeding a gross weight of 5,000
pounds.
(c) This section does not apply to a vehicle operated by, or on
behalf of, a public utility in connection with the installation,
operation, maintenance, or repair of its facilities.
35713. No ordinance closing a highway under Section 35712 or 35715
is effective until appropriate signs are erected indicating either
the highways affected by the ordinance or the highways not affected
as the county may determine will best serve to give notice of the
ordinance, nor shall any ordinance be effective with respect to any
county highway unless the board of supervisors designates in the
ordinance an alternate route for the use of the vehicles which shall
remain unrestricted by any local regulation as to commercial vehicles
so long as the ordinance proposed shall remain in effect.
35714. No ordinance adopted pursuant to Section 35712 shall be
effective with respect to:
(a) Any vehicle which is subject to the provisions of Article 2
(commencing with Section 1031) of Chapter 5 of Part 1 of Division 1
of the Public Utilities Code.
(b) Any highway, any portion of which is also under the
jurisdiction of a city, unless the consent of the governing body of
the city is first obtained.
(c) Any commercial vehicle coming from an unrestricted highway
having ingress and egress by direct route to and from the restricted
highway when necessary for the purpose of making pickups or
deliveries of goods, wares, and merchandise from or to any building
or structure located on the restricted highway or for the purpose of
delivering materials to be used in the actual and bona fide repair,
alteration, remodeling, or construction of any building or structure
upon the restricted highway for which a building permit has
previously been obtained.
(d) The operation of ambulances or hearses.
(e) Any vehicle owned, operated, controlled, or used by a public
utility in connection with the construction, installation, operation,
maintenance, or repair of any public utility facilities.
(f) Any state highway, until the proposed ordinance has been
submitted by the board of supervisors of the county to and approved
in writing by the Department of Transportation. In submitting a
proposed ordinance to the department for approval, the board of
supervisors shall designate therein, an alternate route for the use
of the vehicles which shall remain unrestricted by any local
regulation as to commercial vehicles so long as the ordinance
proposed shall remain in effect. The approval of the proposed
ordinance by the Department of Transportation shall constitute an
approval by the department of the alternate route so designated.
(g) Vehicles operated as an incident to any industrial, commercial
or agricultural enterprise conducted within the boundaries of the
unincorporated residential subdivision area.
35715. (a) The County of Nevada may by ordinance prohibit the use
of Northwoods Boulevard in such county by any commercial vehicle
exceeding a gross weight specified in the ordinance.
(b) No ordinance adopted pursuant to this section shall be
effective with respect to:
(1) Any commercial vehicle coming from an unrestricted highway
having ingress and egress by direct route to and from the restricted
highway when necessary for the purpose of making pickups or
deliveries of goods, wares, and merchandise from or to any building
or structure located on the restricted highway or for the purpose of
delivering materials to be used in the actual and bona fide repair,
alteration, remodeling, or construction of any building or structure
upon the restricted highway for which a building permit has
previously been obtained.
(2) The operation of ambulances or hearses.
(3) Any vehicle owned, operated, controlled, or used by a public
utility in connection with the construction, installation, operation,
maintenance, or repair of any public utility facilities.
35716. No ordinance adopted by a city to decrease weight limits
shall apply to any vehicle owned, leased, operated or controlled by
any licensed contractor while necessarily in use in the construction,
maintenance, or repair of a public works project, or by any highway
carrier regulated by the Public Utilities Commission while
transporting any materials to or from a public works project, when
the bids were opened prior to the adoption of the ordinance unless an
alternate direct route is provided substantially within and by the
city enacting the ordinance.
35717. Notwithstanding any provision to the contrary, any county
may by ordinance prohibit the use of any street, road or highway by
any commercial vehicle exceeding a maximum gross weight of 14,000
pounds if, by accepted engineering standards, the street, road or
highway cannot support such vehicle.
35718. No ordinance adopted pursuant to Section 35717 shall be
effective until appropriate signs are erected indicating either the
streets, roads or highways affected by the ordinance or the streets,
roads or highways not affected, as the board of supervisors may
determine will best serve to give notice of the ordinance.
35719. No ordinance adopted pursuant to Section 35717 shall be
effective with respect to any street, road or highway which connects
with, or is a continuation of, any street, road or highway of an
adjoining county unless the board of supervisors of each county in
which the street, road or highway is a through highway, by concurrent
action and like limitation, prohibit the use of such street, road or
highway pursuant to this section.
35720. No ordinance adopted pursuant to Section 35717 shall be
effective with respect to:
(a) Any vehicle which is subject to the provisions of Article 2
(commencing with Section 1031) of Chapter 5 of Part 1 of Division 1
of the Public Utilities Code or any farm labor vehicle.
(b) Any street, road or highway which is not under the exclusive
jurisdiction of the board of supervisors enacting such ordinance,
except as otherwise provided in Section 35719, or, in the case of any
state highway, until such proposed ordinance has been submitted by
the board of supervisors to and approved in writing by the Department
of Transportation. In submitting such a proposed ordinance to the
department for approval, the board of supervisors shall designate
therein, an alternate route or routes for the use of such vehicles
which shall remain unrestricted by any local regulation as to weight
limits or types of vehicles so long as the ordinance proposed shall
remain in effect. The approval of such proposed ordinances by the
Department of Transportation shall constitute an approval by the
department of such alternate route or routes so designated.
(c) Any commercial vehicle coming from an unrestricted street,
road or highway having ingress and egress by direct route to and from
such restricted streets, roads, and highways when necessary for the
purpose of making pickups or deliveries of goods, wares and
merchandise from or to any building or structure located on such
restricted streets, roads or highways or for the purpose of
delivering materials to be used in the actual and bona fide repair,
alteration, remodeling or construction of any building or structure
upon such restricted street, road or highway for which a building
permit, if required, has previously been obtained therefor, or
vehicles, machinery, or construction equipment used in connection
with, the construction, repair or maintenance of such restricted
street or public work projects located thereon.
(d) Any vehicle operated as an incident to any industrial,
commercial, or agricultural enterprise conducted upon any such
street, road, or highway.
(e) Any vehicle owned, operated, controlled, or used by a public
utility or licensed contractor in connection with the construction,
installation, operation, maintenance, or repair of any public utility
facilities or public works projects.
(f) The operation of ambulances or hearses.
35721. No ordinance shall be adopted pursuant to Section 35717
except upon notice and hearing in the manner prescribed in this
section.
Notice of hearing shall be published as prescribed in Section 6064
of the Government Code. The notice shall advise all interested
parties that they may submit written or oral objections to the
proposed action and shall designate a time and place for presentation
of such objections. The time for submission of objections shall not
expire, and the hearing may not be held, less than 60 days after the
first publication of notice. The hearing shall be held before the
board of supervisors and interested parties shall be afforded an
adequate opportunity to be heard with respect to their objections.
35722. Prior to the execution of freeway agreements for State
Highway Route 85 in Santa Clara County, with the concurrence of each
city within the highway corridor, the Board of Supervisors of the
County of Santa Clara may, after a public hearing, adopt a proposed
ordinance imposing a maximum gross truck weight limit of 9,000 pounds
on Route 85 from State Highway Route 280 in Cupertino south and east
to State Highway Route 101 in San Jose, and submit the proposed
ordinance to the Department of Transportation for approval.
Upon approval of the proposed ordinance by the department, this
weight limit shall be stipulated in the applicable freeway agreements
with the local entities in the Route 85 corridor.
If the proposed ordinance is approved by the department, the
weight limit shall become effective upon opening of any portion of
the new Route 85 freeway corridor as defined in this section, and the
department shall post appropriate signs, similar to the signs on
State Highway Route 580 in Oakland. Except as otherwise provided in
this section, this article shall be applicable to an ordinance
adopted pursuant to this section.
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