Posting and Bonding
Any state or locally owned roadway which has a weight restriction established under Section 4902(a) of the Vehicle Code. This section of the vehicle code allows the Commonwealth and local authorities (municipalities) to prohibit certain weight and sized vehicles based on the roadway conditions.
Many of Pennsylvania's older secondary and rural roadways were not designed to support the heavy truck loads they presently carry. As a result, many of these roadways are being damaged causing PennDOT to perform maintenance and repair activity in advance of the normal cycle (excess maintenance). PennDOT's Posting and Bonding policies address this problem by requiring haulers to be financially responsible for excess maintenance on the roadways they use. In this way, PennDOT can maintain its rural roadways for simultaneous use by both passenger vehicles and haulers.
Bridges are posted independently of the roadway. If the bridge has its own weight restriction, a permit may be issued under 67 PA Code Chapter 191.
A roadway should be posted if an Engineering and Traffic Study reveals any of the following conditions exist:
- Poor pavement structure that will not sustain increased hauling
- The road’s pavement or shoulders are already weakened due to deterioration, high traffic volumes, or climatic conditions, and pavement analysis or engineering judgment shows that the pavement is at risk of being even more seriously damaged unless vehicles over a certain weight are prohibited.
- An analysis previously performed on a roadway with similar pavement conditions (existing deterioration patterns, pavement structure, etc.) indicates that a certain weight vehicle should be prohibited from the roadway. For example, if a study was previously performed on a roadway with similar pavement conditions and that study recommended a weight restriction on the road with similar conditions.
PennDOT is the posting authority for state-owned roadways (PennDOT or other state agencies can post weight restrictions on roadways crossing through state parks or forests). Local governments are the posting authorities for locally owned roadways.
Traffic routes and primary highways will generally not be posted. Secondary routes not designed or built to carry overweight vehicles may require weight-limit postings.
PennDOT will advertise the planned posting of roadways to the general public and known haulers. Generally two (2) weeks’ notice prior to a roadway posting will be given but a minimum of five days’ notice is required. Only during emergency situations will postings be erected with fewer than five days’ notice. If the hauler has any questions concerning the possible posting of the roadway, the hauler should contact the Posting Authority.
Seasonal postings are utilized in cases where the road's structural analysis indicates permanent postings may not be necessary. In most cases, seasonal postings are related to the early spring months where the freeze/thaw damage cycle is most prevalent. However, seasonal postings are not necessarily limited to weather-related periods. Engineering judgement may impact the decision and the final determination will be the responsibility of the Posting Authority.
When a hauler bonds a roadway, the hauler agrees to be responsible for any damages arising from its hauling. Security can be provided by a performance bond issued by an insurance company or irrevocable letter of credit. Other forms of security can be reviewed on a case by case basis at the posting authority's discretion.
There are four different amounts of security funds depending on the type of roadway and excess maintenance agreement. They include:
- $6,000 per linear mile for unpaved roadways;
- $12,500 per linear mile for paved roadways;
- $50,000 per linear mile for a paved roadway that PennDOT allows to revert back to an unpaved roadway (must be approved by District Executive); and,
- The hauler who occasionally travels over many different posted roadways in one county or municipality may provide $10,000 security for each county or municipality
The hauler is responsible for restoration of damaged roadways before the agreement and/or permit can be terminated and the security released. These amounts are established in Chapter 189 of Pennsylvania Code Title 67, Section 189.2.
Excess Maintenance Agreement (EMA)
Excess Maintenance is the maintenance required in excess of the Posting Authority’s normal routine maintenance due to over-posted-weight-vehicles damaging the roadway. Excess maintenance activities include, but are not limited to, repairing shoulders that are pushed and heaved due to hauling, repairing crushed pipes, patching a wheel-depressed road surface, repairing extensive potholes, and performing stone base repairs under the pavement.
An EMA legally binds a permitted hauler to be financially responsible for the maintenance and repair of roads directly damaged due to the haulers’ activity on roads that exceed the posted limits.
Without an EMA, the general taxpayer is required to pay for excess maintenance costs resulting from the effects of hauling on secondary roadways. With an EMA, the additional maintenance costs for roadways subjected to hauling are the responsibility of those who cause the damage.
To obtain a permit, a permit application (M-4902APP) must be completed and submitted to the District Posting and Bonding Coordinator. A list containing contact information by District is available here: District Contact Information.
Type 1 Permit: A Type 1 Permit authorizes use of a particular posted roadway, or portion thereof, by an over-posted-weight vehicle belonging to the hauler, and it is valid only when carried in the over-posted-weight vehicles(s);
Type 2 Permit: A Type 2 Permit authorizes use of a particular posted roadway, or portion thereof, by an over-posted-weight vehicle, and it is valid only when conspicuously displayed at the haulers place of business;
Type 3 Permit: A Type 3 Permit provides authorization for over-posted-weight vehicle use of several specified posted roadways, or portions thereof; however, a Type 3 permit is not issued providing blanket authorization to exceed posted weight restrictions throughout the county covered by the agreement. A Type 3 Permit is valid only when carried in the over-posted-weight vehicle belonging to the hauler.
Once the EMA is approved, the Posting Authority reviews the subsequent permit applications and issues the appropriate type of permit. A hauler can meet the criteria for multiple permit types, the Posting Authority has discretion in determining which permit type to issue.
If the hauler requires a permit to exceed 80,000 pounds, a permit under 67 Pa Code § 179 is required. Please visit the APRAS website to apply for the proper permit.
The posting authority and the hauler conduct an on-site inspection of the posted roadway prior to the execution of a permit. The hauler's responsibilities will be determined at the conclusion of the inspection.
- Option A - The hauler or its contractor can make the repairs, or
- Option B - PennDOT or its contractor can repair the roadway and bill the hauler for the work. PennDOT encourages the hauler to either repair the roadway itself or hire an approved contractor.
Before the EMA is executed, an on-site inspection of the posted roadway is conducted. During this inspection, PennDOT officials and representatives from the hauling company will complete a detailed report documenting the condition of the roadway. Copies of the inspection report are made available to the hauler. PennDOT continues to be responsible for normal maintenance work. The hauler is not responsible for repairing the existing condition of the roadway.
Agreements will be executed for each hauler by PennDOT. If two or more haulers are permitted on the same posted roadway, they should determine themselves how the excess maintenance responsibility for the roadway should be divided. If the haulers cannot come to a mutual agreement, PennDOT will determine the relative responsibility for each hauler. Here is an expanded explanation of how PennDOT will allocate construction cost (PDF) among multiple users, which is detailed in Chapter 15.
PennDOT, in conjunction with the Pennsylvania State Police or local law enforcement, is responsible for administering and enforcing the program, and they will contact any hauler committing possible violations. If a permitted hauler suspects that an unpermitted hauler is violating the weight restriction, it is their responsibility to report it to the Pennsylvania State Police and PennDOT.
The hauler's trucks cannot exceed80,000 lbs, without a properly issued APRAS permit.
Inspections
Initial and final inspections are invoiced at the average cost per mile. Interim inspections commonly involve more labor and the time required to complete them will vary. Therefore, interim inspections will continue to be invoiced using actual costs.
Haulers are invited to participate in inspections but are not required to attend. All haulers will be provided with a copy of the inspection documentation, regardless of their presence at the inspection.
The average cost per mile was determined using the previous year’s actual inspection cost data (labor rates, vehicle mileage, etc.). The Department will periodically re-evaluate the actual cost data, not more than annually, to determine whether rate adjustments are necessary.
Average cost invoicing will ensure consistency across the state, eliminate multiple invoices for the same inspection, and provide cost predictability for haulers before obtaining or closing a permit.
Local Traffic Exemptions
Haulers may self-certify as local traffic based on existing regulations, vehicles with destinations along posted routes or whose destinations cannot be reached without traveling posted routes may qualify as local traffic and do not have to bond these routes. Vehicles that do not have to bond include emergency vehicles, school buses, and others traveling to or from residences, commercial establishments or farms along the posted roadway. In addition, vehicles associated with governmental agencies and utilities (or their contractors working for the Posting Authority) engaged in construction or maintenance activities may also self-certify. Self-certification is achieved by presenting a bill of lading, shipping order, or similar documentation to verify your destination if requested by law enforcement. An "at-risk" industry may qualify for local determination status on a roadway that is bonded by an Unconventional Oil and Gas developer.
Local Determination
Eligibility for de minimis LoLD will be based upon the anticipated number of loads you expect to haul and the structural sufficiency of the roadway. If the route is sufficient, then you may be authorized for up to 700 loads per year. The hauler is encouraged to self-certify as referenced in Pennsylvania Code Title 67, Chapter 189.
Hauling related to unconventional oil and gas (UOG) development does not qualify for a Letter of Local Determination (LoLD) unless, upon the submission and review of a completed application, the department determines that:
- The hauling is not related to unconventional oil and gas development [as defined in PennDOT's Statement of Policy (67 Pa Code, Chapter 190)]; and,
- The scale of the hauling activity is not likely to cause damage to the route(s) specified in the application based on the structural capacity of the requested route(s) and the availability and suitability of alternate routes in the region.
The LoLD, proof of ownership or authorized use of the vehicle as local traffic outlined in Pennsylvania Code Title 67, Chapter 189.3(c), and any additional documents required by the department shall be carried in the vehicle at all times while traveling on the weight-restricted roadways identified within the letter. Once issued, a copy of the LoLD must be carried.
PennDOT may revoke a LoLD if it determines the over-posted-weight vehicle or hauling is likely to cause, or has caused, damage. When a route is no longer bonded by a UOG company, then an "at-risk" hauler must be re-evaluated for a new LoLD. If the hauler does not qualify for a LoLD, then the hauler will be required to bond the roadway to continue hauling operations.
PennDOT-issued LoLDs do not apply to municipal routes. Also the effective period of a LoLD will not exceed 12 months. Hauling on approved routes under the LoLD will be prohibited between Feb. 15 and April 15 during spring thaw conditions. PennDOT may require additional restrictions due to roadway conditions, severe weather, or emergencies.
Enforcement
The municipality.
Yes. The Pennsylvania State Police and/or Motor Carrier Enforcement Teams will assist a municipality with enforcement dependent on their work schedules; however, they will require a copy of the local ordinance authorizing the weight restriction, a copy of the traffic and engineering study and assurance the roadway has the proper weight limit signs posted before any enforcement can be performed.
Fines are determined by state law, in this case the Pennsylvania Consolidated Statutes - § 4902. It covers restrictions on the use of highways and bridges. The sections of the statute related to fines are as follows:
Any person operating a vehicle or combination upon a highway or bridge in violation of a prohibition or restriction imposed under subsection (a) is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of $75, except that any person convicted of operating a vehicle with a gross weight in excess of a posted weight shall, upon conviction, be sentenced to pay a fine of $150 plus $150 for each 500 pounds, or part thereof, in excess of 3,000 pounds over the maximum allowable weight.
Any person operating a vehicle or combination in violation of a prohibition or restriction imposed under subsection (b) is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of not less than $25 and not more than $100.
Each PennDOT district has a Posting and Bonding Coordinator. Please click here for the contact information for each of the district offices.
Hauling concerns related to municipal roads should be directed to the local municipality or to PennDOT’s Municipal Services.
Unconventional Oil and Gas
The activities associated with UOG well construction including site preparation and reclamation, drilling, completion, and pipeline construction on oil and gas gathering pipelines, not including transmission and distribution pipelines. UOG includes, but is not limited to Marcellus and Utica Shale drilling operations.
The gas extraction process includes four primary steps that impact the roadway system due to the need for extensive hauling of materials into and out of a drilling site on secondary roads that weren't designed for the weight and volume. This causes roads to rapidly deteriorate.