Pennsylvania § 4901 - Scope and application of chapter.

§ 4901. Scope and application of chapter.

(a) General rule.--No vehicle, combination or load which has a size or weight exceeding the limitations provided in this chapter and no vehicle, combination or load which is not so constructed or equipped as required in this title or the regulations of the department shall be operated or moved upon any highway of this Commonwealth, unless permitted as provided in this title by the department or local authority with respect to highways and bridges under their respective jurisdictions. Failure to obtain a permit prior to the operation or movement of such a vehicle, combination or load shall subject the owner, lessee and operator of the vehicle or combination to the institution of summary criminal proceedings by citation for any violations of this part.

(b) Limitations on local regulation.--The maximum size and weight of vehicles specified in this chapter shall govern throughout this Commonwealth and local authorities shall have no power or authority to alter these limitations except as express authority may be granted in this title.

(c) Permit authorizing prohibited movement.--If an overweight or oversize movement cannot be made in any other feasible manner, the permit may authorize the movement to be made in contravention to any provision of this title provided that:

(1) the department or local authority determines that the movement is in the public interest; and

(2) the movement is escorted by certified escort vehicles as defined under section 3108 (relating to drivers of certified escort vehicles) or the Pennsylvania State Police and the following shall apply:

(i) The department, in consultation with the Pennsylvania State Police, shall determine whether a Pennsylvania State Police escort is necessary.

(ii) If it is jointly determined by the Pennsylvania State Police and the department that the movement must be escorted by the Pennsylvania State Police, the permittee shall bear the total costs of escorting the movement.

(d) Responsibility of local authorities.--Local authorities:

(1) that have adopted an ordinance under this chapter; or

(2) that establish or enforce size or weight limitations which differ from those provided for in this chapter;

have the burden and responsibility to properly administer, adhere to and enforce compliance with the requirements of this chapter and the regulations of the department. Failure of a local authority to properly administer, adhere to or enforce the substantive requirements of this chapter and the department's regulations shall subject the local authority to penalties set forth under section 4907 (relating to penalty for violation of chapter).

(e) Definition.--As used in this section, the term "extra-duty Pennsylvania State Police" means sworn members of the Pennsylvania State Police performing escort duty outside of their regularly scheduled shift on an overtime basis.

(Dec. 7, 1994, P.L.820, No.115, eff. imd.; Dec. 28, 1994, P.L.1450, No.172, eff. 60 days; June 22, 2001, P.L.411, No.33, eff. 60 days; Dec. 9, 2002, P.L.1278, No.152, eff. 60 days; Oct. 30, 2015, P.L.216, No.55, eff. 60 days)

2015 Amendment. Act 55 amended subsec. (c).

2002 Amendment. Act 152 amended subsec. (c) and added subsec. (e).

2001 Amendment. Act 33 added subsec. (d).

1994 Amendments. Acts 115 and 172 amended subsec. (a). The amendments by Acts 115 and 172 are identical and therefore have been merged.

Cross References. Section 4901 is referred to in section 4962 of this title.