Section 11 - Restricting Vehicle Weight

Section 11.01 - Purpose and Authority
Section 11.02 - Definitions
Section 11.03 - Restrictions and Notices
Section 11.04 - Exemptions
Section 11.05 - Permits
Section 11.06 - Administration and Enforcement
Section 11.07 - Penalties

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These documents are presented for informational purposes only.
For legal use refer to the Veazie Code Archive located in the Town Office.

Section 11.01 Purpose and Authority

The purpose of this rule is to prevent damage to town ways and bridges in the Town of Veazie which may be caused by vehicles of excessive weight, to lessen safety hazards and the risk of injury to the traveling public, to extend the life expectancy of town ways and bridges, and to reduce the public expense of their maintenance and repair.

This rule is adopted pursuant to 30-A M.R.S.A. § 3009 and 29-A M.R.S.A. § 2395(3).

Section 11.02 Definitions

The definitions contained in Title 29-A M.R.S.A. shall govern the construction of words contained in this rule. Any words not defined therein shall be given their common and ordinary meaning.

Section 11.03 Restrictions and Notices

The municipal officers may, seasonally, impose such restrictions on the gross registered weight of vehicles as may, in their judgment, be necessary to protect the traveling public and prevent abuse of the highways, and designate the town ways and bridges to which the restrictions shall apply.

Whenever notice has been posted as provided herein, no person may thereafter operate any vehicle with a gross registered weight in excess of 6 tons (12,000 pounds) during any applicable time period on any way or bridge so posted unless otherwise exempt as provided herein.

The notice shall contain, at a minimum, the following information: the name of the way or bridge, the gross registered weight limit, the time period during which the restriction applies, the date on which the notice was posted, and the signatures of the municipal officers.

The notice shall be conspicuously posted at each end of the restricted portion of the way or bridge in a location clearly visible from the travelway. Whenever a restriction expires or is lifted, the notices shall be removed wherever posted. Whenever a restriction is revised or extended, existing notices shall be removed and replaced with new notices.

No person may remove, obscure or otherwise tamper with any notice so posted except as provided herein.

Section 11.04  Exemptions

The following vehicles are exempt from this rule:

  • any two-axle vehicle while delivering home heating fuel;
  • any vehicle while engaged in highway maintenance or repair under the direction of the State or Town;
  • any emergency vehicle (such as firefighting apparatus or ambulances) while responding to an emergency;
  • any school transportation vehicle while transporting students;
  • any public utility vehicle while providing emergency service or repairs; and
  • any vehicle whose owner or operator holds a valid permit from the municipal officers as provided herein.

Section 11.05 Permits

The owner or operator of any vehicle not otherwise exempt as provided herein may apply in writing to the municipal officers for a permit to operate on a posted way or bridge notwithstanding the restriction. The municipal officers may issue a permit only upon all of the following findings:

  • no other route is reasonably available to the applicant;
  • it is a matter of economic necessity and not mere convenience that the applicant use the way or bridge; and
  • the applicant has tendered cash, a bond or other suitable security running to the Town in an amount sufficient, in their judgment, to repair any damage to the way or bridge which may reasonably result from the applicant's use of same.

Even if the municipal officers make the foregoing findings, they need not issue a permit if they determine the applicant's use of the way or bridge could reasonably be expected to create or aggravate a safety hazard or cause substantial damage. They may also limit the number of permits issued or outstanding as may, in their judgment, be necessary to preserve and protect the highways.

In determining whether to issue a permit, the municipal officers shall consider the following factors:

  • the gross registered weight of the vehicle;
  • the current and anticipated condition of the way or bridge;
  • the number and frequency of vehicle trips proposed;
  • the cost and availability of materials and equipment for repairs;
  • the extent of use by other exempt vehicles; and
  • such other circumstances as may, in their judgment, may be relevant.

The municipal officers may issue permits subject to reasonable conditions, including but not limited to restrictions on the actual load weight and the number of frequency of vehicle trips, which shall be clearly noted on the permit.

Section 11.06 Administration and Enforcement

This rule shall be administered and may be enforced by the Town Manager or his/her duly authorized designee.

Section 11.07 Penalties

Any violation of this ordinance shall be a civil infraction subject to a fine of not less than $250.00 nor more than $1,000.00. Each violation shall be deemed a separate offense. In addition to any fine, the Town may seek restitution for the cost of repairs to any damaged way or bridge and reasonable attorney fees and costs.

Prosecution shall be in the name of the Town and shall be brought in the Maine District Court.