BOARD OF COUNTY COMMISSIONERS

| January 9, 2012 12:00 PM

A RESOLUTION GOVERNING EMERGENCY LOAD LIMITATIONS ON COUNTY

ROADS, THE ISSUANCE OF SPECIAL MOTOR VEHICLE RESOLUTION NO.

12-001-CC PERMITS TO USE ON WEIGHT RESTRICTED COUNTY ROADS, AND

FIXING PENALTIES FOR VIOLATIONS THEREOF

Grant County, Washington

A RESOLUTION GOVERNING EMERGENCY

LOAD LIMITATIONS ON COUNTY ROADS,

THE ISSUANCE OF SPECIAL MOTOR VEHICLE RESOLUTION NO. 12-001-CC

PERMITS TO USE ON WEIGHT RESTRICTED

COUNTY ROADS, AND FIXING PENALTIES FOR

VIOLATIONS THEREOF

WHEREAS, pursuant to RCW 36.75.270 and 46.44.080, Grant County may prohibit or restrict vehicle operations or vehicle weight whenever any county road, by reason of rain, snow, climatic, or other conditions, will be seriously damaged or destroyed unless the operation of vehicles thereon is prohibited or restricted or their permissible weights reduced (such periods hereafter referred to as “load sensitive periods”); and

WHEREAS, the Board of County Commissioners of Grant County, Washington, upon recommendation of the County Engineer, has deemed it advisable to place certain restrictions on various county roads during load sensitive periods to protect such roadways from extensive damage; and

WHEREAS, a RESOLUTION has been proposed with the following sections:

1. Declaration of purpose

2. Scope and construction of terms

3. Definitions

4. Emergency load limitations

5. Special permits for authorized vehicles

6. Maximum speed permitted on posted roads

7. Penalty

8. Action for damage

9. Savings

NOW, THEREFORE, pursuant to RCW 46.44.080, BE IT HEREBY ORDAINED by the Board of County Commissioners of Grant County, as follows:

SECTION 1 DECLARATION OF PURPOSE.

It is hereby declared that the policy of the Board of County Commissioners is to:

A. Establish general emergency load limitations upon county roads during load sensitive

periods;

B. Establish special load limitations for school buses, motor trucks transporting perishable

commodities or commodities necessary to the health and welfare of county residents, and

motor vehicles providing services necessary for health and welfare, when such emergency

load limitations are in effect.

C. Request the Washington State Patrol's assistance with weight control enforcement.

SECTION 2 SCOPE AND CONSTRUCTION OF TERMS

The definitions in this ordinance shall control the meaning of terms used herein. Where no definition is expressly stated herein, a term shall have that meaning clearly indicated by, or reasonably implied from, the context in which such term is used.

SECTION 3 DEFINITIONS

A. “Authorized Emergency Vehicle” means any vehicle of any fire department, police

department, sheriff's office, coroner, prosecuting attorney, Washington State Patrol, or

ambulance service, public or private, which need not be classified, registered, or authorized

by the State Patrol.

B. “Commodity necessary for health and welfare” means anything provided to the public that is

necessary to provide essential shelter, food, or fuel to people and animals.

C. “County Engineer” means the county engineer, the county director of public works, or his/her

designee.

D. “County Road” means every public highway or part thereof, outside the limits of cities and

towns, and which has not been designated as a state highway.

E. “Gross Weight” means the total vehicle weight including load.

F. “Truck” means any motor vehicle designed or used for the transportation of commodities

merchandise, produce, freight, animals, or other things.

G. “Perishable commodity” means a product of agriculture, aquaculture, or manufacture, which

by its nature is subject to destruction, decay, deterioration, or spoilage except under proper

conditions.

H. “Person” means every natural person, firm, co partnership, corporation, association, or

organization.

I. “Pneumatic tire” means every tire of rubber or other resilient material designated to be

inflated with compressed air to support the load thereon.

J. “School bus” means every motor vehicle used regularly to transport children to and from

school or in connection with school activities, which is subject to the requirements set forth

in the most recent edition of “Specifications for School Buses” published by the State

Superintendent of Public Instruction, but does not include buses operated by common carriers

in urban transportation of school children.

K. “Service necessary for health and welfare” means any service provided to the public that is

necessary to maintain essential power, gas, communications, garbage, sewer, and water

services for the public.

L. “Tire width” means, in the case of pneumatic tires, the maximum overall normal inflated

width, as stipulated by the manufacturer, when installed to the pressure specified and without

load thereon.

M. “Vehicle” means every device capable of being moved upon a public highway and in, upon,

or by which any person or property is or may be transported or drawn upon a public

highway.

SECTION 4 EMERGENCY LOAD LIMITATION

A. When the County Engineer determines that, during load sensitive periods, vehicles whose

gross tire loads exceed those described in this section will seriously damage or destroy a

county road, the County Engineer may impose the following limits on vehicle weights, except

for authorized emergency vehicles.

Tubeless or Special Pneumatic Tires

Conventional Pneumatic Tires With .5 Marking

Tire Width Gross Load Each Tire Width Gross Load Each

Tire Tire

*7.0 1800 lbs. *8-22.5 1800 lbs.

7.5 1800 lbs. 9-22.5 1900 lbs.

8.25 1900 lbs. 10-22.5 2250 lbs.

9.00 2250 lbs. 11-22.5 2750 lbs.

10.00 2750 lbs. 11-24.5 2750 lbs.

**11.00 3000 lbs. **12-22.5 3000 lbs.

*And Under

**And Over

B. The emergency load limitations imposed by this section shall become

effective upon the erection and maintenance by the County engineer of signs designating the

load limitations (visible to the operator of a vehicle as he/she enters the restricted area), and

shall remain in effect until the load sensitive period ends and such signs are removed by the

County Engineer. The following limitations shall not exceed a period of 120 days from the

effective date below.

SECTION 5 SPECIAL PERMITS FOR AUTHORIZED VEHICLES

A. In accordance with RCW 46.44.092 and RCW 46.44.093, the County

Road Supervisors are authorized, during load sensitive periods, to issue special permits for the

operation (upon any county road within the county) of a vehicle or combination of vehicles

exceeding the maximum loads specified in Section 4 above, to the following classes of

vehicles:

1) School buses (no permit required).

2) Milk trucks with dual tires on rear axles and on trailers.

3) Trucks hauling perishable commodities. To obtain a permit, drivers must

show proof that at least fifty percent (50%) of their load is fresh produce and/or perishables.

4) Garbage vehicles making pickups required for health, e.g., schools, hospitals,

and institutions.

5) Dead animal services required for health reasons.

6) Vehicles or emergency equipment vendors hauling medical supplies (gases,

drugs, etc.)

7) Feed trucks - one trip basis only.

8) Fuel trucks - one trip basis only, allowed to haul 1/2 loads on emergency

basis.

9) Vehicles engaged in septic tank pumping - emergency basis, one trip only.

10) Public transportation vehicles.

B. A permit issued to a vehicle in one of the classes of vehicles listed in Section 5A shall be

subject to the following conditions:

1) The gross weight of such vehicle shall not exceed the amount determined by

multiplying the total number of tires concentrated upon the surface of the road times the

maximum allowable gross weight per tire.

2) No allowance shall be made for any second gear axle suspended from the frame

of the vehicle independent of the regular driving axle, otherwise known as “rigid tail-axles” or

“drop axles”.

3) Allowance will be made for single tires only on the front of a vehicle.

4) The load distribution on any axle of a vehicle shall be such that it will not load

the tires on said axle in excess of the prescribed load, as set forth above, and any loading in

excess of the specified maximum will be considered a violation of this Ordinance.

5) In an attempt to comply with requirements of this section, the power unit of any

combination shall be sufficiently designed to lawfully handle the designated weight.

6) The special permit shall be clearly displayed in the lower right hand corner of

the vehicle's windshield while moving on any restricted county road.

C. The following limits on vehicle weights shall apply to vehicles receiving permits under

Section 5:

Tubeless or Special Pneumatic Tires

Conventional Pneumatic Tires With .5 Marking

Tire Width Gross Load Each Tire Width Gross Load Each

Tire Tire

*7.00 1800 lbs. *8-22.5 1800 lbs.

7.50 1800 lbs 9-22.5 1900 lbs.

8.25 1900 lbs. 10-22.5 2250 lbs.

9.00 2250 lbs. 11-22.5 2750 lbs.

10.00 2750 lbs. 11-24.5 2750 lbs.

**11.00 3000 lbs. **12-22.5 3000 lbs.

*And Under

**And Over

If a vehicle has ten inch (10”) or wider tires on the front axle and otherwise qualifies for a permit, the vehicle may be allowed to have ten thousand pounds (10,000 lbs.) gross weight on said front axle under emergency load limitations.

Tires over eleven inches (11”) in width may be issued a special permit for loads of three thousand pounds (3,000 lbs.) plus four hundred pounds (400 lbs.) per inch of tire in excess of eleven inches (11”), up to five thousand two hundred fifty pounds (5,250 lbs.) per tire.

D. Any vehicle requiring a special permit under Section 5 shall not exceed thirty-five miles per

hour (35 M.P.H.) on any county road subject to emergency load limitations.

E. Where a specific hardship occurs, variances from these special permit weight limitations may,

at discretion of the County Engineer, be issued on a case-by-case basis. Such variance permits

may allow a vehicle to exceed the gross weight limits of this section, subject to specified times

and routes of movement needed to protect the county roads from serious damage.

SECTION 6 MAXIMUM SPEED PERMITTED ON POSTED ROADS

Except where applicable law specifies a lower speed, the County Engineer may post a reduced speed limit as low as thirty-five miles per hour (35 M.P.H.) upon any county road under emergency load limitations.

SECTION 7 PENALTY

Any person violating any emergency load limitation on a county road during a load sensitive period shall be in violation of this Resolution. A violation of this Resolution shall constitute a traffic infraction under the provisions of RCW 46.44.105, RCW 46.44.100, and RCW 46.44.080, subjecting the violator to the monetary penalties provided in RCW 46.44 and RCW 46.61.

SECTION 8 ACTION FOR DAMAGES

Any person operating a motor vehicle upon any county road in violation of any provision of this Resolution shall be liable under RCW 46.44.110 and RCW 46.44.120 for any damage caused to such county road as the result of such violation.

SECTION 9 SAVINGS

If any provision of this Resolution or its application to any person or circumstance is held invalid, the remainder of the Resolution or the application of the provision to other persons or circumstances shall not be affected.

NOW THEREFORE BE IT RESOLVED, this Resolution is passed and adopted and shall be effective and enforced on and after the 3rd Day of January , 2012 , and shall be published in the official County newspaper.

DATED this 3rd day of January , 2012 .

BOARD OF COUNTY COMMISSIONERS

GRANT COUNTY, WASHINGTON

Yea Nay Abstain

_______________________________

X Richard Stevens, Chair

_______________________________

X Cindy Carter, Vice Chair

X _______________________________

Carolann Swartz, Member

ATTEST:

Barbara Vasquez

Clerk of the Board

#01025/2123405

Pub.: January 9, 2012