35780. (a) The Department of Transportation or local authorities,
with respect to highways under their respective jurisdictions, may,
at their discretion upon application and if good cause appears, issue
a special permit authorizing the applicant:
(1) To operate or move a vehicle or combination of vehicles or
special mobile equipment of a size or weight of vehicle or load
exceeding the maximum specified in this code.
(2) To use corrugations on the periphery of the movable tracks on
a traction engine or tractor, the propulsive power of which is not
exerted through wheels resting upon the roadway but by means of a
flexible band or chain.
(3) Under emergency conditions, to operate or move a type of
vehicle otherwise prohibited hereunder, upon any highway under the
jurisdiction of the party granting the permit and for the maintenance
of which the party is responsible.
(4) To operate or move a vehicle or combination of vehicles
transporting loads composed of logs only for the purpose of crossing
a highway from one private property to another without complying with
any or all of the equipment requirements of Division 12 (commencing
with Section 24000) and Division 13 (commencing with Section 29000).
These crossings shall be as near to a right angle to the roadway as
is practical and shall not include any travel parallel to the
roadway. The Department of Transportation shall determine standards
and conditions upon which permits shall be issued and any permit not
in compliance with those standards and conditions shall be invalid,
except that a permit may contain more restrictive conditions if the
issuing authority deems it appropriate.
(b) Under conditions prescribed by the Department of
Transportation or the local authority, the Department of
Transportation or local authority may accept applications made by,
and issue permits directly to, an applicant or permit service by any
of the following processes:
(1) In writing.
(2) By an authorized facsimile process.
(3) Through an authorized computer and modem connection.
35780.3. A permit issued under Section 35780 for the movement of a
park trailer, as described in Section 18009.3 of the Health and
Safety Code, shall not be issued except to transporters, or licensed
manufacturers and dealers.
35781. The Department of Transportation shall develop a standard
application form and a standard permit form for the application for,
and the issuance of, a permit. The standard permit form may be used
as the standard application form. The application for a permit shall
specifically describe the vehicle and load to be operated or moved
and the particular highways over which permit to operate is
requested, and whether the permit is requested for a single trip or
for continuous operation. Local authorities shall use the standard
application form and the standard permit form developed by the
Department of Transportation. The standard application form and the
standard permit form shall be developed in cooperation with
representatives of local government and the commercial trucking
industry.
35782. (a) The Department of Transportation or a local authority
may issue or withhold the permit at its discretion, or, if the permit
is issued, do any of the following when necessary to protect against
injury to the road, foundations, surfaces, or structures:
(1) Limit the number of trips.
(2) Establish seasonal or other time limitations within which the
vehicle or vehicles described may be operated on the highways
indicated.
(3) Otherwise limit or prescribe conditions of operation of the
vehicle.
(b) The Department of Transportation or a local authority may not
require the posting of a bond as a condition of the issuance of a
permit, except that a requirement of extra insurance or other
financial security may be imposed as a condition for a permit for
unusually large or heavy loads that pose a substantial risk to public
facilities.
(c) Except as provided in subdivision (b), the Department of
Transportation or a local authority may not require proof of
financial responsibility in an amount greater than that required for
compliance with Section 16500.5 as a condition of the permit, and
shall accept evidence of financial responsibility that complies with
Section 16020.
35783. Every permit shall be carried in the vehicle or combination
of vehicles to which it refers and shall be open to inspection of any
peace officer, traffic officer, authorized agent of the Department
of Transportation, or any other officer or employee charged with the
care or protection of such highways.
35783.5. Warning signs required by the terms of a permit shall
either be removed from the vehicle or covered from the view of other
motorists whenever the vehicle is operating without the load that
required the permit.
35784. (a) Except as provided in subdivision (b), it is unlawful
for any person to violate any of the terms or conditions of any
special permit.
(b) In an incorporated city where compliance with the route
described in a special permit would result in a violation of local
traffic regulations, the permittee may detour from the prescribed
route to avoid violating the local traffic regulations if the
permittee returns as soon as possible to the prescribed route. A
detour under this subdivision shall be made only on nonresidential
streets.
(c) If a violation under subdivision (a) consists of an extralegal
load not being on the route described in the special permit, and the
violation is directly caused by the action of an employee under the
supervision of, or by the action of any independent contractor
working for, a permittee subject to this section, the employee or
independent contractor causing the violation is guilty of a
misdemeanor. This subdivision applies only if the employee or
independent contractor has been provided written direction on the
route to travel and has not been directed to take a different route
by a peace officer.
(d) The guilt of an employee or independent contractor under
subdivision (c) shall not extend to the permittee employing that
person unless the permittee is separately responsible for an action
causing the violation.
(e) A violation of equipment requirements contained in Division
12 (commencing with Section 24000), by any person operating a pilot
car shall not be considered a violation of any terms or conditions of
a special permit under subdivision (a).
(f) (1) Any person convicted of a violation of the terms and
conditions of a special permit shall be punished by a fine not
exceeding five hundred dollars ($500) or by imprisonment in the
county jail for a period not exceeding six months, or by both that
fine and imprisonment.
(2) In addition, if the violation involves weight in excess of
that authorized by the permit, an additional fine shall be levied as
specified in Section 42030 on the amount of weight in excess of the
amount authorized by the permit.
35784.5. (a) Any person convicted of transporting an extralegal
load on a highway, or causing or directing the operation of or
driving on a highway any vehicle or combination of vehicles for which
a permit is required pursuant to this article, without having
obtained a permit issued in accordance with this article, shall be
punished by a fine not exceeding five hundred dollars ($500) or by
imprisonment in the county jail for a period not exceeding six
months, or by both that fine and imprisonment.
(b) If the violation involves excess weight, an additional fine
shall be levied as specified in Section 42030 on the amount of weight
in excess of that authorized pursuant to this chapter.
35785. (a) The axle weight limitations imposed in Sections 35550
and 35551 shall not apply to the transportation of a single saw log
which does not exceed 8 feet in diameter and 21 feet in length or 6
feet in diameter and 33 feet in length, if such log is hauled on a
combination of vehicles consisting of a three-axle truck and a
two-axle logging dolly under permit issued by the Department of
Transportation or by local authorities with respect to highways under
their respective jurisdictions. Such permit may be granted for not
more than thirty (30) days and may be revocable upon notice by the
department or local authorities, as the case may be. (b) When so
transported, the vehicle shall not be operated over any bridge or
causeway at a speed of more than 15 miles per hour or on the highway
at more than 25 miles per hour, on routes designated in the permit.
Diameter measurements of the logs shall be made on the large end.
35786. Truck booster power units may be used to aid in propelling
or moving any motor truck or lawful combination of motor vehicles
upon a highway upon an ascending or descending grade, subject to the
following conditions:
(a) A permit for such operation must be obtained as provided in
this article.
(b) The truck booster power unit shall be operated only on such
highways and at such times and according to such conditions and
requirements as may be specified in the permit.
35787. The Department of Transportation or local authority, as the
case may be, shall issue a truck booster power unit permit only if in
its opinion the proposed operation would not tend to endanger the
traveling public or to damage the highway, bridge or any highway
structure.
The Department of Transportation and local authorities, in issuing
a permit, may make such conditions and requirements as in their
opinion are necessary or desirable for the safety of the traveling
public and of the highway, including bridges and other highway
structures.
35788. Upon application to the Director of Transportation for
permission to use and operate on highways private or contract
vehicles for the purpose of hauling loads which weigh in excess of
the maximum load weight limits, the director may enter into an
agreement with the applicant, permitting such overloads, specifying
protective restrictions and providing for the payment of a financial
contribution for the issuance of such permission, except that the
overload shall not exceed 25 percent of the maximum load weight
limitation, in pounds, set forth in this code. The agreement shall
not permit the applicant to transport such excess weight loads on
highways for distances exceeding 75 miles. All contributions
received by the Department of Transportation shall be used for the
construction, improvement, or maintenance of the highway designated
in the permission to operate overweight loads. Sections 188 and
188.8 of the Streets and Highways Code does not apply to
contributions received pursuant to this section, and any expenditures
of the contributions by the department shall not be credited against
amounts required to be expended pursuant to Sections 188 and 188.8
of the Streets and Highways Code.
This section does not apply to highways which are a part of the
National System of Interstate and Defense Highways.
35789. Any housemoving contractor or other person who by contract
or otherwise moves or transports a dwelling house or other building
across railroad tracks shall furnish to the division or district
superintendent of the railroad company operating such tracks written
notice of intention to make such movement at least 36 hours prior to
doing so. The written notice of intention to make such a movement
shall contain the name of the street, highway or road over which such
dwelling house or other building will be moved across the railroad
tracks, the approximate time of day such movement will be made and
such other information as may be necessary to enable the railroad
company to take precautionary measures to avoid a collision by a
train with such dwelling house or other building.
35789.5. (a) The Legislature finds and declares all of the
following:
(1) Current restrictions on the movement on the highways of
manufactured homes in excess of 14 feet in width has caused the
closure of some manufactured housing manufacturing facilities, that
have, in turn, relocated to other states in order to compete with
interstate commerce.
(2) Those restrictions on the movement of manufactured homes could
cause the closure of at least three more manufacturing facilities
within the next 12 months, thereby laying off some 500 employees,
while at the same time those manufacturing facilities relocate to
other states.
(3) The Department of Transportation has a policy allowing
permitted loads in excess of 14 feet in width for the general
trucking industry and the boating industry.
(4) The Legislature supports allowing the movement on the highways
of manufactured homes in excess of 14 feet in width, with
appropriate safeguards, because this policy will result in both of
the following:
(A) Enable the manufactured housing industry to produce homes for
export to other states, thereby keeping jobs within the state and
benefiting the state's economy.
(B) Permit the building of manufactured homes with eaves, which
provide structural and aesthetic benefits to the homes.
(b) The Legislature further finds and declares that allowing the
movement on the highways of manufactured homes that are 16 feet in
width, with appropriate safeguards, will benefit the state's economy
and will allow production of more affordable and aesthetic
manufactured homes.
35790. (a) The Department of Transportation or local authorities
with respect to highways under their respective jurisdictions may,
upon application in writing and if good cause appears, issue a
special or annual permit in writing authorizing the applicant to move
any manufactured home in excess of the maximum width but not
exceeding 14 feet in total width, exclusive of lights and devices
provided for in Sections 35109 and 35110, upon any highway under the
jurisdiction of the party granting the permit.
(b) A public agency, in the exercise of its discretion in granting
permits for the movement of overwidth manufactured homes, and in
considering the individual circumstances of each case, may use
merchandising or relocation of residence as a basis for movement for
good cause.
(c) (1) The application for a special permit shall specifically
describe the manufactured home to be moved and the particular
highways over which the permit to operate is requested.
(2) The application for an annual permit shall specifically
describe the power unit to be used to tow the overwidth manufactured
homes and the particular highways over which the permit to operate is
requested. The annual permit shall be subject to all of the
conditions of this section and any additional conditions imposed by
the public agency.
(d) The Department of Transportation or local authority may
establish seasonal or other time limitations within which a
manufactured home may be moved on the highways indicated, and may
require an undertaking or other security as it deems necessary to
protect the highways and bridges from injury or to provide indemnity
for any injury resulting from the operation.
(e) Permits for the movement of manufactured homes under this
section shall not be issued except to transporters or licensed
manufacturers and dealers and only under the following conditions:
(1) The manufactured home for which the permit is issued shall
comply with Sections 35550 and 35551.
(2) In the case of a permit issued on an individual or repetitive
trip basis, the applicant has first received the approval of a city
or county if the trip will include movement on streets or highways
under the jurisdiction of the city or county. The application for
such a permit shall indicate the complete route of the proposed move
and shall specify all cities and counties that have approved the
move. This paragraph shall not be construed to require the
Department of Transportation to verify the information provided by an
applicant with respect to movement on streets or highways under
local jurisdiction.
(3) It is a violation of any permit, which is issued by the
Department of Transportation and authorizes a move only on a state
highway, for that move to be extended to a street or highway under
the jurisdiction of a city or county unless the move has been
approved by the city or county.
(f) The Department of Transportation, in cooperation with the
Department of the California Highway Patrol, or the local authority
may establish additional reasonable permit regulations as they may
deem necessary in the interest of public safety, which regulations
shall be consistent with this section.
(g) Every permit, the consent form or forms as required by Section
18099.5 of the Health and Safety Code, and a copy of the tax
clearance certificate, certificate of origin, or dealer's notice of
transfer, when the certificate or notice is required to be issued,
shall be carried in the manufactured home or power unit to which it
refers and shall be open to inspection by any peace officer or
traffic officer, any authorized agent of the Department of
Transportation, or any other officer or employee charged with the
care and protection of the highways.
(h) It is unlawful for any person to violate any of the terms or
conditions of any permit.
35790.1. In addition to the requirements and conditions contained
in Section 35790 and notwithstanding any other provision of law, all
of the following conditions and specifications shall be complied with
to move any manufactured home, as defined in Section 18007 of the
Health and Safety Code, that is in excess of 14 feet in total width,
but not exceeding 16 feet in total width, exclusive of lights and
devices provided for in Sections 35109 and 35110, upon any highway
under the jurisdiction of the entity granting the permit:
(a) For the purposes of width requirements under this code, the
overall width of manufactured housing specified in this section shall
be the overall width, including roof overhang, eaves, window shades,
porch roofs, or any other part of the manufactured house that cannot
be removed for the purposes of transporting upon any highway.
(b) Unless otherwise exempted under this code, all combinations of
motor vehicles and manufactured housing shall be equipped with
service brakes on all wheels. Service brakes required under this
subdivision shall be adequate, supplemental to the brakes on the
towing vehicle, to enable the combination of vehicles to comply with
the stopping distance requirements of Section 26454.
(c) In addition to the requirements contained in Section 26304,
the breakaway brake device on any manufactured housing unit equipped
with electric brakes shall be powered by a wet cell rechargeable
battery that is of the same voltage rating as the brakes and has
sufficient charge to hold the brakes applied for not less than 15
minutes.
(d) Notwithstanding any other provision of this code, the weight
imposed upon any tire, wheel, axle, drawbar, hitch, or other
suspension component on a manufactured housing unit shall not exceed
the manufacturer's maximum weight rating for the item or component.
(e) In addition to the requirements in subdivision (d), the
maximum allowable weight upon one manufactured housing unit axle
shall not exceed 6,000 pounds, and the maximum allowable weight upon
one manufactured housing unit wheel shall not exceed 3,000 pounds.
(f) Manufactured housing unit tires shall be free from defects,
have at least 2/32 of an inch tread depth, as determined by tire
tread wear indicators, and shall comply with specifications and
requirements contained in Section 3280.904(b)(8) of Title 24 of the
Code of Federal Regulations.
(g) Manufactured housing unit manufacturers shall provide
transporters with a certification of compliance document, certifying
the manufactured housing unit complies with the specifications and
requirements contained in subdivisions (d), (e), and (f). Each
certification of compliance document shall identify, by serial or
identification number, the specific manufactured housing unit being
transported and shall be signed by a representative of the
manufacturer. Each transporter of manufactured housing units shall
have in his or her immediate possession a copy of the certification
of compliance document and shall make the document available upon
request by any member of the Department of the California Highway
Patrol, any authorized employee of the Department of Transportation,
or any regularly employed and salaried municipal police officer or
deputy sheriff.
(h) Manufactured housing unit dealers shall provide transporters
with a certification of compliance document, specifying that all
modifications, equipment additions, or loading changes by the dealer
have not exceeded the gross vehicle weight rating of the manufactured
housing unit or the axle and wheel requirements contained in
subdivisions (d), (e), and (f). Each certification of compliance
document shall identify, by serial or identification number, the
specific manufactured housing unit being transported and shall be
signed by a representative of the dealer. Each transporter of
manufactured housing units shall have in his or her immediate
possession a copy of the certification of compliance document and
shall make the document available upon request by any member of the
Department of the California Highway Patrol, any authorized employee
of the Department of Transportation, or any regularly employed and
salaried municipal police officer or deputy sheriff.
(i) Transporters of manufactured housing units shall not transport
any additional load in, or upon, the manufactured housing unit that
has not been certified by the manufactured housing unit's
manufacturer or dealer.
(j) Every hitch, coupling device, drawbar, or other connections
between the towing unit and the towed manufactured housing unit shall
be securely attached and shall comply with Subpart J of Part 3280 of
Title 24 of the Code of Federal Regulations.
(k) Manufactured housing units shall be equipped with an
identification plate, specifying the manufacturer's name, the
manufactured housing unit's serial number, the gross vehicle weight
rating of the manufactured housing unit, and the gross weight of the
cargo that may be transported in or upon the manufactured housing
unit without exceeding the gross vehicle weight rating. The
identification plate shall be permanently attached to the
manufactured housing unit and shall be positioned adjacent to, and
meet the same specifications and requirements applicable to, the
certification label required by Subpart A of Part 3280 of Title 24 of
the Code of Federal Regulations.
(l) Manufactured housing units shall be subject to all lighting
requirements contained in Sections 24603, 24607, 24608, and 24951.
When transported during darkness, manufactured housing units shall
additionally be subject to Sections 24600 and 25100.
(m) Manufactured housing units shall have all open sides covered
by plywood, hard board, or other rigid material, or by other suitable
plastics or flexible material. Plastic or flexible side coverings
shall not billow or flap in excess of six inches in any one place.
Units that are opened on both sides may be transported empty with no
side coverings.
(n) Transporters of manufactured housing units shall make
available all permits, licenses, certificates, forms, and any other
relative document required for the transportation of manufactured
housing upon request by any member of the Department of the
California Highway Patrol, any authorized employee of the Department
of Transportation, or any regularly employed and salaried municipal
police officer or deputy sheriff.
(o) The Department of Transportation, in cooperation with the
Department of the California Highway Patrol, or the local authority,
shall require pilot car or special escort services for the movement
of any manufactured housing unit pursuant to this section, and may
establish additional reasonable permit regulations, including special
routing requirements, as necessary in the interest of public safety
and consistent with this section.
(p) The Department of Transportation shall not issue a permit to
move a manufactured home that is in excess of 14 feet in total width
unless that department determines that all of the conditions and
specifications set forth in this section have been met.
35790.4. The Legislature finds and declares that current
restrictions on the movement of combinations of manufactured homes
have unduly restricted the ability of the California manufactured
housing industry to meet the needs of the consumer in this state.
The Legislature further finds and declares that the improved
movement of manufactured homes, with appropriate safeguards, will
benefit the state's economy and will allow production of more
affordable and aesthetic manufactured homes.
35790.5. (a) A permit issued pursuant to Section 35790 may
authorize an exemption from length limitations otherwise applicable
to vehicles and combinations of vehicles for the transportation of
more than one unit of a manufactured home if all of the following
conditions are met:
(1) The units are parts of a manufactured home that, when
completed, connect two or more modular units.
(2) The units are mounted or loaded on a single vehicle or chassis
in a manner so that their narrowest dimension represents the loaded
width on the highway.
(3) The units are loaded in tandem only with respect to length,
and the dimension from the front of the forward unit to the rear of
the last unit does not exceed the length of vehicles in combination
that would otherwise be permitted under this section.
(b) Applications for permits issued pursuant to this section shall
specifically describe the manufactured home units to be moved and
shall include a written statement of good cause satisfying the
requirements of this section.
(c) Permits, other than annual permits, issued pursuant to this
section shall describe the particular highways over which the permit
is valid and shall be subject to all of the conditions of this
article and any additional conditions imposed by the public agency
issuing the permit.
35790.6. A permit issued pursuant to Section 35780 or 35790 may
authorize an exemption from the height limitations in Section 35250
for manufactured homes, including manufactured homes with a height in
excess of 15 feet, measured from the surface upon which the vehicle
stands, if the proposed route can accommodate the vehicle.
35791. The Department of Transportation and any local authority
may, with respect to such highways as may be agreed upon under their
respective jurisdictions which traverse any area within the
boundaries of the local authority, contract for the issuance by
either authority of a single permit authorizing the operation or
movement of a vehicle or a combination of vehicles or special mobile
equipment in the same manner as if each authority had issued separate
permits pursuant to Section 35780.
35795. (a) The Department of Transportation may charge a fee for
the issuance of permits pursuant to this article.
The fee established by the Department of Transportation pursuant
to this section shall be established by a regulation adopted pursuant
to Chapter 4.5 (commencing with Section 11371) of Part 1 of Division
3 of Title 2 of the Government Code, and shall be calculated to
produce a total estimated revenue that is not more than the estimated
total cost to that department for administering this article.
Special services necessitated by unusually large or heavy loads
requiring engineering investigations, or other services, may be
billed separately for each permit.
The funds collected by the Department of Transportation pursuant
to this section shall be deposited in the State Highway Account in
the State Transportation Fund.
(b) Local authorities may charge a fee for the issuance of permits
pursuant to this article. However, the fee established by a local
authority pursuant to this section shall be established by ordinance
or resolution adopted after notice and hearing. The fee shall be
calculated to produce a total estimated revenue that is not more than
the estimated total cost incurred by the local authority in
administering its authority under this article and shall not exceed
the fee developed by the Department of Transportation pursuant to
subdivision (a). The fee for the issuance of permits shall be
developed in consultation with representatives of local government
and the commercial trucking industry. Notice of the hearing shall be
by publication as provided in Section 6064 of the Government Code.
The hearing shall be held before the legislative body of the local
authority. All objections shall be considered and interested parties
shall be afforded an adequate opportunity to be heard in respect to
their objections. Special services necessitated by unusually large
or heavy loads requiring engineering investigations, escorts, tree
trimming, or other services shall be billed separately for each
permit.
Nothing in this section shall limit or restrict the application of
Section 35782.
35796. Any or all of the powers granted to local authorities in
this article may, by ordinance or resolution, be delegated by such
local authorities to the road commissioner or to such other local
official as may be performing functions substantially the same as a
road commissioner in the county or municipality enacting such
ordinance or resolution.
|
