Current through Register Vol. 54, No. 36, September 7, 2024
Section 179.16 - Penalties and enforcement(a)General rule. A violation of this chapter or a permit shall be authority for the officer to confiscate the permit and for imposition of any or all of the following penalties:(1) Such fines, imprisonment and other penalties as are provided by law.(2) Revocation of the registration of the applicant under § 179.6 (relating to revocation of registration).(3) Confiscation of the special hauling permits of the applicant by a police officer or representative of the Department.(4) Refusal by the Department to issue future special hauling permits or to permit future registration under § 179.5 (relating to issuance of registration agreement).(5) Removal of a registered person from the monthly billing system.(b)Determination of amount of overweight.(1)Weight in excess of permitted weight. If a vehicle or combination operating under a permit is found to have a weight in excess of the permitted axle or gross weight, the amount of overweight is determined by subtracting from the actual weight the greater of the permitted weight or the maximum weight authorized by Chapter 49, Subchapter C of the act (relating to maximum weights of vehicles). | Example 1 (Legal axle exceeds permit axle) |
| Scale Weight | 16,000 | 16,000 | (Scale Weight) |
| Permit Weight | 14,000 | -18,000 | (Greater Weight = Legal) |
| Legal Weight | 18,000 | - 2,000 | (No Fine) |
| Example 2 (Permit axle exceeds legal axle) |
| Scale Weight | 26,000 | 26,000 | (Scale Weight) |
| Permit Weight | 24,000 | -24,000 | (Greater Weight = Permit) |
| Legal Weight | 18,000 | + 2,000 | (Amount Overweight) |
| Example 3 (Legal gross exceeds permit gross) |
| Scale Weight | 90,000 | 90,000 | (Scale Weight) |
| Permit Weight | 75,000 | -80,000 | (Greater Weight = Legal) |
| Legal Weight | 80,000 | +10,000 | (Amount Overweight) |
| Example 4 (Permit gross exceeds legal gross) |
| Scale Weight | 90,000 | 90,000 | (Scale Weight) |
| Permit Weight | 84,000 | -84,000 | (Greater Weight = Permit) |
| Legal Weight | 80,000 | + 6,000 | (Amount Overweight) |
(2)Other permit violations. If any vehicle or combination operating under a permit to exceed weight limits is found to be operating off the approved route indicated in the permit, the amount of overweight is determined as if there were no permit.The provisions of this §179.16 adopted August 5, 1977, effective 8/6/1977, 7 Pa.B. 2192; amended April 25, 1980, effective 5/1/1980, 10 Pa.B. 1686; renumbered May 16, 1981, 11 Pa.B. 1678; amended January 20, 1984, effective 3/21/1984, 14 Pa.B. 224; readopted December 2, 1988, effective 12/3/1988, 18 Pa.B. 5364. This section cited in 67 Pa. Code § 179.1 (relating to definitions); and 67 Pa. Code § 179.14 (relating to single-trip special hauling book permits for oversize movements).