Heavy Loads on Roads By-law - S-2

A by‑law to provide for the regulation of  the movement of heavy loads and objects over London streets.

The Municipal Council of The Corporation of the City of London enacts as follows:

SHORT TITLE - HEAVY LOADS ON ROADS BY‑LAW

Part 1 - DEFINITIONS

1.1 Definitions

In this by‑law:

Highway ‑ defined

"highway" includes a common and public highway, road, street, lane, alley, square, place, bridge, thoroughfare or way within the City of London.

Corporation ‑ defined

"Corporation" shall mean The Corporation of the City of London.

City Engineer ‑ defined

“City Engineer” shall mean the Deputy City Manager, Environment and Infrastructure or their written designate.

Person ‑ defined

"person" includes a corporation.

Part 2 - GENERAL PROVISIONS

2.1 Heavy loads ‑ movement ‑ without permit ‑ prohibited

No person shall move upon wheels, rollers or otherwise over or upon a highway within the City of London, heavy vehicles, loads, objects or structures in excess of the gross weight, length, width and height limits prescribed by the Highway Traffic Act, without a permit to do so issued by the City Engineer.

2.2 Requirements ‑ set out ‑ filed ‑ prior to issue of permit

Subject to sections 2.8 and 2.9 of this by‑law, prior to the issuance of a permit, the applicant shall file with the Corporation, such material as is required by the City Engineer, including the items set out in sections 2.3 to 2.7 inclusive of this by‑law.

2.3 Insurance ‑ minimum coverage ‑ requirements

The applicant shall file with the Corporation proof of paid up property damage and public liability insurance of not less than $2,000,000.00 coverage for the duration of the move.

2.4 Traffic considerations ‑ written acknowledgments

The applicant shall file with the Corporation written acknowledgment from the City Engineer's, Police and Fire Departments that the established date, duration and route of the move will not create unnecessary traffic hazards or delays.

2.5 Utilities ‑ acknowledgments ‑ wire raising ‑ removal

The applicant shall file with the Corporation written acknowledgment from Bell Canada, London Hydro, Neighbourhood and Community-wide Services or its successor, and any railway company (where the width exceeds 7.31 m (24 ft), the height exceeds 6.09 m (20 ft) or the length exceeds 28.04 m (92 ft)) affected by the move, that their respective wires, cables, poles and trees existing on, or adjacent to the highway or highways to be used, will not hinder the mover or that satisfactory arrangements have been made with the companies, commission or department affected for the raising or removal of such wires, cables, poles and trees to enable the move to be made without hindrance.

2.6 Tax Collector ‑ acknowledgment ‑ where house moved

Where a house, building or structure or part thereof is to be moved, the applicant shall file with the Corporation a written acknowledgment from the Tax Collector that all municipal taxes and levies in respect of the original site accruing to the date on which the move is to commence have been paid, whether or not then due.

2.7 Security ‑ required ‑ where residential building moved

Where it is required to move any residential building and/or relocate it within the boundaries of the City of London, the applicant shall file with the Corporation a performance bond or other security satisfactory to the City Treasurer, at least equal to the total estimated cost of the following work as determined by the City Engineer, which shall be done to his satisfaction:

a) the cost of moving the building;

b) the cost of cleaning up and filling to grade of the former location of the building;

c) the cost of excavating and installing a new foundation at the site to which the building is being moved;

d) the cost of backfilling, grading, seeding or sodding the new site; and

e) the cost of necessary repairs and renovations to the building that has been moved.

2.8 Dimensional limit ‑ within Highway Traffic Act

Notwithstanding sections 2.2 to 2.7 inclusive of this by‑law, where the vehicle, load, object or structure to be moved does not exceed any dimensional limit prescribed in the Highway Traffic Act, other than being between 259.08 cm (102 inches) and 365.76 cm (144 inches) in width, the applicant for a permit issued pursuant to this section and section 2.9 of this by‑law need only submit proof of paid‑up property damage and public liability insurance in the amount of $2,000,000.00, which is satisfactory to the City Treasurer, and which insurance coverage is to be in effect for the duration of the permit.

2.9 Non‑compliance ‑ permit ‑ null and void

Failure to comply with the requirement in section 2.8 of this by‑law shall immediately render the permit null and void.

2.10 Time ‑ weather ‑ restrictions

Unless weather conditions warrant it, no move shall be permitted prior to March 31 of any year, and all necessary work that the City Engineer requires to be done shall be completed within three months from the date of the move; and all such work in every case shall be completed by November 30 of any year.

2.11 Highway ‑ time ‑ specified ‑ other special conditions

The permit shall limit the particular highway that may be used, the time during which it may be used; and the permit may contain any special conditions or provisions that in the opinion of the City Engineer, may be deemed necessary for the protection of the highway.

2.12 Applications ‑ misrepresentation ‑ permit ‑ null ‑ void

Any omission or misrepresentation by inadvertence or otherwise which is material to the application, shall render a permit null and void.

2.13 Notice ‑ requirement ‑ Police ‑ Fire ‑ 72 hours prior

Where the building, structure, load or object to be moved, including the vehicle or combination of vehicles exceeds 365.76 cm (144 inches) in width, or 3.96 m 15.24 cm (13 ft., 6 inches) in height, or 25 m (82 ft.) in length, the applicant shall notify the railway companies, the Fire Department and the Police Department of each and every move at least 72 hours in advance of every move, and shall make the necessary arrangements for a police escort, if required, as a condition of the issuance of the permit.

2.14 Compliance ‑ with permit ‑ officials ‑ as required

The owner, operator or mover of any such vehicle, object or contrivance, who has obtained a permit, shall be subject to and shall comply with, directions of the City Engineer or his authorized representatives and of the Chief of Police, acting through his officers.

2.15 Damages ‑ responsibility ‑ owner ‑ driver ‑ operator

The owner, driver, operator or mover of any such vehicle, object or contrivance, who has obtained a permit, is nevertheless responsible for all damages of whatsoever nature that may be caused by reason of the driving, operating or moving of any such vehicle, object or contrivance.

Part 3 - APPLICATION ‑ FEES

3.1 In writing ‑ descriptions ‑ load ‑ vehicle ‑ duration

Each application for a permit shall be in writing and shall describe the building, structure, load, or object to be moved and the vehicle or combination of vehicles on which it is being loaded and moved (including gross weight, overall length, overall width and loaded height) and the estimated time and duration of the move and the highway or highways to be used.

3.2 Fee ‑ not refundable ‑ by cheque ‑ Schedule ‘A’

Each application for a permit shall be accompanied by the applicable non‑refundable fee as set out in Schedule ‘A' of this by law in the form of a cheque payable to the Treasurer of the Corporation.

3.3 Agreement ‑ form ‑ Schedule ‘B’

Each application for a permit shall be accompanied by a duly executed copy of an agreement in a form satisfactory to the City Engineer and generally in accordance with the form set forth in Schedule `B' of this by‑law.

Part 4 - ENFORCEMENT

4.1 Fine ‑ for contravention

Any person who contravenes any provision of this by‑law is, upon conviction, guilty of an offence and is liable to any penalty as provided in the Provincial Offences Act.

4.2 Continuation ‑ repetition ‑ prohibited ‑ by order

The court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted, and such order shall be in addition to any other penalty imposed on the person convicted.

Part 5 - REPEAL ‑ ENACTMENT

5.1 By‑law ‑ previous

By‑law S.‑3477‑215 is hereby repealed.

5.2 Effective date

This by‑law comes into force on May 15, 1994.

Passed in Open Council on November 15, 1993.

T.C. Gosnell - Mayor

K.W. Sadler - City Clerk

First Reading   -  November 15, 1993

Second Reading   -  November 15, 1993

Third Reading   -  November 15, 1993

SCHEDULE "A" - FEE SCHEDULE

1. For a permit where the width is in the overall loaded range of 259.08 cm (102 inches) to 365.76 cm (144 inches) and does not exceed 3.96 m 15.24 cm (13 ft 6 inches) in height or 25 m (82 ft) in length. - $ 25.00
2. For an annual permit where the width is in the overall loaded range of 259.08 cm (102 inches) to 365.76 cm (144 inches) and does not exceed 3.96 m 15.24 cm (13 ft. 6 inches) in height or 28.04 m (92 ft) in length and 25.90 m (85 feet) in length for utility poles. - $125.00
3. For a permit where the overall loaded dimensions exceed any one or more of the following: 3.66 m (12 ft) in width; 3.96 m  15.24 cm (13 ft 6 inches) in height; or 25 m (82 ft) in length. - $ 65.00