HomeMy WebLinkAboutWD-26-90 Addendum TOWN OF NEWCASTLE
REPORT File #
Res.
By-Law #
-TING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE: APRIL 2, 1990
REPORT #: WD-26-90 ADDENDumFILE #:
SUB,JECT: A REVISED BY-LAW TO RESTRICT THE WEIGHT UPON THE AXLES OF
COMMERCIAL VEHICLES OR TRAILERS ON THE TOWN OF NEWCASTLE ROAD
SYSTEM
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT the Addendum to Report WD-26-90 be received;
2 . THAT Report WD-26-90 be lifted from the table;
3 . THAT the by-law attached to Report WD-26-90 be forwarded to Council
for approval; and
4 . THAT Council pass a by-law (to be provided in the Council Agenda)
in accordance with Section 93, Subsection 1,2 and 3 of the Highway
Traffic Act.
--------------------------------------------------------------------
REPORT
1.0 ATTACHMENTS
No. l: Report WD-26-90
No.2 : By-Law 80-41
REPORT NO. : WD-26-90 ADDENDUM PAGE 2
2.0 BACKGROUND
2 . 1 Report WD-26-90 was presented to the General Purpose and
Administration Committee on March 19, 1990 . The report was
referred back to the Director of Public Works (Resolution
#GPA-224-90) to ensure that the proposed by-law would not have an
adverse effect on farming operations.
3.0 REVIEW AND COMMENT
3 . 1 At the present time, By-Law 80-41 (Attachment No.2) provides for
restricting the weight which a commercial motor vehicle or trailer
can transmit to the Town of Newcastle Roads . The proposed By-Law
is the same as By-Law 80-41 with the following two exceptions:
1) The existing by-law refers to the 1970 edition of the Highway
Traffic Act whereas the proposed by-law refers to the 1980
edition of the Highway Traffic Act.
2) The existing by-law provides for the authority to restrict
weights (known as half-loads) on axles of commercial motor
vehicles and trailers from March 1 to May 21 of each year,
whereas the proposed by-law provides for the authority to
restrict loads at anytime during the year.
Either by-law will only be in effect when properly worded signs
are erected and are on display.
Each year, the Town and other municipalities place load limit signs
on the roads in the municipality to advise the public that load
restrictions are in effect (5,000 kilograms/axle) .
3.2 Clause 2 of the proposed by-law (and the existing by-law) provides
for a greater weight upon an axle (7,500 kilograms) for certain
vehicles including tank trucks while used exclusively for the
transportation of liquid or gaseous heating fuel, trucks used
exclusively for the transportation of livestock feed or
transporting live poultry. . . .3
2z
REPORT NO. : WD-26-90 ADDENDUM PAGE 3
3 . 3 While exemptions provided in Clause 2 will in many cases be
sufficient for many farm operations, it does not provide for the
loads permitted on axles for the time of the year other than from
March 1 to May 21.
3.4 Section 93 of the Highway Traffic Act provides authority for a
municipality to grant a permit for the moving of heavy vehicles,
loads, objects or structures. Since it is intended to place load
restrictions on Town of Newcastle roads for those times of the year
outside March 1 to May 21 only if:
1) The Region has placed a load restriction on a Regional Road
in the Town of Newcastle during a time of the year other than
March 1 to May 21;
2) During a time of the year other than March 1 to May 21, truck
traffic is causing sufficient damage to a Town road to warrant
the placing of weight restrictions on the road.
The need to place weight restrictions on Town roads outside the
normal half-load season will be necessary for a very small part of
the Town's road system. It is therefore highly probable that any
problem created for farming operations during the placing of weight
restrictions on Town roads during a time other than March 1 to
May 21 can be solved either by the exemption provided for in
Clause 2 of the proposed by-law or Subsection ( 1) , (2) and (3) of
Clause 93 of the Highway Traffic Act.
3 .5 It should be noted that since regional roads are intended to
provide for a higher level of service than local roads, it is quite
likely that if the Region places weight restrictions on regional
roads during times of the year other than March 1 to May 21, it is
more probable that a problem will be created for farming operations
than if the Town places such weight restrictions on Town roads.
r . . .4
t01_
REPORT NO. : WD-26-90 ADDENDUM PAGE 4
4.0 RECOMMENDATION
4. 1 It is, therefore, recommended that the by-law attached to Report
WD-26-90 be forwarded to Council for approval, and that Council
pass a by-law (to be provided in the Council Agenda) in accordance
with Section 93, Subsection 1,2 and 3 of the Highway Traffic Act.
Respectfully submitted, Recommended for presentation
to the Committee,
------------------------ - =---- -- ---------
Walter A. Evans, P.Eng. , Lawrenc Kotseff,
Director of Public Works . Chief i�istrative Officer.
WAE*llv
March 28, 1990
Attachments
i
I
� y .. TOWN OF NEWCI1STL1_
i
REPORT File # 7rJo2 •
W
Res. #
tr
By-Law
(STING: GENERAL PURPOSE AND ADMINISTRATION MEETING
DATE: MARCH 19 , 1990
REPORT #: WD-26-90 FILE #:
SUB,ECT: A REVISED BY-LAW TO RESTRICT THE WEIGHT UPON THE AXLES OF
COMMERCIAL VEHICLES OR TRAILERS ON THE TOWN OF NEWCASTLE
ROAD SYSTEM
RECOMMENDATIONS:
i
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following: Y
1. THAT Report WD-26-90 be received; and
2 . THAT the by-law attached hereto be forwarded to Council for
approval .
---------------------------------------------------------------------
REPORT
1 . 0 ATTACHMENT
No. l: Commissioner of Works, Durham Region, Report 262-89
dated December 5 , 1989 .
No. 2 : Proposed By-law
2 . 0 BACKGROUND
2 . 1 On December 13 , 1989 , the Region of Durham passed By-law 251-89
restricting the weight upon the axles of commercial vehicles or
trailers on the Regional Road System.
2
05
ATTACHMENT NO ,1
�.10 WD-26-90 ADDENM
I
REPORT NO. : WD-26-90 PAGE 2
i
2 . 2 As noted in Report 262-89 (Attachment No. 2 ) the Commissioner states
that "The purpose of the by-law is to extend the potential weight
restriction period to include the whole calendar year"
i
The report continues to say "An example of the problems being
experienced is Durham Regional Road 3 from Enniskillen west to
Region Road 33 (Harmony Road) . "
2 . 3 The implication of the above statement is that if "load
restrictions " are put. on Regional Road 3, the operators of heavy
vehicles will have no choice but to find alternate routes which
could be Town of Newcastle roads .
3 . 0 CONCLUSION AND RECOMMENDATION
3 . 1 From the above, it can be concluded that if the Region puts weight
restrictions on Regional Road 3 in the Town of Newcastle, the
problem could be transferred from the Regional Roads to the Town
of Newcastle roads . It is , therefore, recommended that By-law 80-
41 be repealed and that the by-law attached to this report be
forwarded to Council for approval .
i
Respectfully submitted, Recommended for presentation
to the Comm-ittee,
----------------------- - -- -------------------
Walter A. Evans, P.Egg. , LawrenceTJ� . Kotseff,
Director of Public Works . Chief l�d inistrative Officer.
WAE*llv
February 22 , 1990
Attachments
X206
� n
Regional Municipality of Durham
Works Department
Commissioner' s Report to Works Committee
Report 262-89
Date December 5 , 1989
Sub 'ect
A REVISED BY-LAW TO PERMIT RESTRICTING THE WEIGHT UPON THE AXLES OF
COWERCIAL VEHICLES OR TRAILERS ON THE REGIONAL ROAD SYSTEM i
RecommenGation
A. THAT a by-law to restrict the weight upon the axles of commercial
vehicles or trailers of commercial vehicles or trailers on the Region
Road System in the form attached hereto be passed ;
B. AND THAT By-Law 99-84 be repealed .
Report
The Region of Durham is currently experiencing considerable damage to
specific roads within our Region because of heavy truck traffic . Many of
these roads , as currently constructed , will not support the loads they are
experiencing . The damage includes extensive rutting of the surface , breakup
of the prime and surface treatment , and pot hoI If the heavy truck traffic
is not discouraged from using these roads , the roads wi11 Continue requiring
on-going costly maintenance and with an acceleration of surface failure .
The Region can consider two basic alternatives to deal with toiS problem.
One alternative would be to substantially upgrade the road to 'Support the
loads of the increasing truck traffic , however the available financing does
not permit this .
The second alternative is to extend the weight restriction period currently
defined in Region of Durham By-iaw 99-84 , As the by- law is now worded , the
weight restriction period is limited to the period frcrli the first day of
February to the thirty- first day of May in each year .
It is proposed to extend the potential weight restriction period to include
the whole calendar year . By implementing this extension , the Region of
Durha-m wrould be able to selectively weight restrict specific roads . at any
All time throughout the year. This would be done by postlny weight restriction
signs on the roads in question as required by the Revlon ' s by- law.
e
07 p;
1n26
760
Page 2
Report 262 89
Date December S , 1989
Report (cont' d .)
The authority allowing the Region of Durham to designate the date on which a
reduced load period shall start or end is the Highway Traffic Act . Section
104a subsection 7 states :
"The Municipal Corporation or other authority having
,Jurisdiction over a highway may by by- law designate the
date on which a reduced load period shall start or end
and the highway or portion thereof under its jurisdiction
to which the designation applies ."
An example of the problems being experienced is Durham Regional Road No , 3
from Enniskillen west to Regional Road No . 33 (Harmony Road) . This road has
not been constructed to support heavy truck traffic . Trucks delivering
material from gravel pits on Regional Road No , 20 are using Regional Road No .
3 to deliver product to the central part of Durham Region . If weight
restrictions were implemented on Regional Road No . 3 , this heavy commercial
truck traffic would use Regional Road No . 4 (Taunton Road) to access the
central part of Durham Region .
Exemptions to weight restrictions are included in the Highw'ay Traffic Act for
trucks used for the transportation of milk , l.a
Since traffic volumes on these roads would not justify adjusting the Region' s _
reconstruction program, it is recommended that the weight restriction period
be extended to include the whole calendar year ,
i -
wel vet rees , P .Eng .
Commissioner of Works
Recommended for Presentation to Committee
D .R . Evans , P .Eng C .A.O . 1
R"
1 -) 08
{
r
CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 90-
Being a by-law to restrict the weight upon the axles of commercial vehicles
or trailers on the Town of Newcastle road system.
WHEREAS subsection (7) of Section 104(a) of the Highway Traffic Act, R.S.O. ,
1980, c. 198, as amended, provides that the municipal corporation or other
authority having jurisdiction over a highway may by by-law designate the date
on which a reduced load period shall start or end and the highway or portion
thereof under its jurisdiction to which the designation applies;
NOW, THEREFORE, BE IT ENACTED AND IT IS HEREBY ENACTED, as a by-law of the
Town of Newcastle by the Council thereof as follows:
1. Subject to Section 93 of The HiQhwav Traffic Act R.S.O. 1980, c. 198,
as amended, during the period from the first day of January to the
thirty-first day of December inclusive in each and every year being a
reduced load period, no commercial motor vehicle or trailer, other
than a public vehicle or a vehicle referred to in Section 2 of this by-
law, shall be operated or drawn upon any road or portion thereof
that is part of the Town of Newcastle road system where the weight
upon an axle exceeds 5,000 kilograms.
2. Subject to Section 93 of The Highway Traffic Act R.S.O. 1980, C. 198,
as amended, during the period from the first day of January to the
thirty-first day of December inclusive in each and every year, being a
reduced load period,
(a) no two axle tank-truck, while used exclusively for the
transportation of liquid or gaseous heating fuel;
(b) no two axle truck, while used exclusively for the transportation
of livestock feed; and
'(c) no vehicle transporting live poultry,
shall be operated upon any road or .portion thereof that is part of the
Town of Newcastle road system where the weight upon an axle exceeds t
7,500 kilograms.
3. Subject to Section 93 of The Highway Traffic Act, R.S.O. , 1980, c.
198, as amended, during the period from the first day of January to
the thirty-first day of December inclusive in each and every year, being
a reduced load period, no vehicle having a carrying capacity in excess
Of 1,000 kilograms, other than a motor vehicle or trailer,shall be
operated upon any road or portion thereof that is part of the Town of
Newcastle road system where the weight upon any millimetre in the width
of a tire exceeds 5 kilograms'.
4. Every person who contravenes any of the provisions of this by-law is
guilty of an offence and on conviction is liable to a fine of,
(a) $2.00 per 100 kilograms, or part thereof, for any weight in excess
of that permitted under the The Highway Traffic Act, or the
regulations thereto, where the overweight is less than 5,000
kilograms, but in no case shall the fine be less than $50.00;
(b) $4.00 per 100 kilograms, or part thereof, for any weight in excess
of that permitted under The Highway Traffic Act or the regulations
t-11- Overweight is 5,000 kilograms or more but is
less that: kilograms;
(c) $6.00 per 100 },ilograms, or part thereof, for any weight in excess
Of that emit- d undo*_ Th-.
I _ �_t[�hc,•ay Traffic Acts or the regulations
thereto, when th' o. L ,ei_yht is 7,500 kilograms or more but is
Liss titan I0,C00 }:ilo�;ram;;
�T T r�C H 'I"NT dO , 2
1209 `I0-205-91
i
j
-2-
(d) $8.00 per 100 kilograms, or part thereof, for any weight in excess
to that permitted under The Highway Traffic Act, or the regulations
thereto, where the overweight is 10,000 kilograms or more but is
less than 15,000 kilograms; and
(e) $10.00 per 100 kilograms, or part thereof, for any weight in excess
of that permitted under The Highway Traffic Act or the regulations
thereto, where the overweight is 15,000 kilograms or more.
5. The by-law will only be in effect when properly worded signs are
erected and are on display.
By-law read a first time this day of 1990.
By-law read a second time this day of 1990.
By-law read a third time and finally passed this day of 1990.
Mayor
Clerk
1
1210
i
CORPORATION OF THE
TOWN OF NEWCASTLE
i
I
BY - LAW 80-41
Being a by-law to restrict the weight which a
commercial motor vehicle or trailer can trans-
mit to a municipal road.
WHEREAS subsection 10 of Section 77 of The Highway Traffic Act,
R.S.O. 1970, c. 202, as amended, provides that the municipal corp-
oration or other authority having jurisdiction over any highway may
declare the provisions of subsections 5, 7 and 13 of Section 77 to
apply to highways under its jurisdiction during any period of the year,
or that the provisions of subsections 5 and 7 do not apply to any or
all highways under its jurisdiction;
NOW THEREFORE BE IT ENACTEb AND IT IS HEREBY ENACTED as a by-law of
The Corporation of the Town of Newcastle by the Council thereof as
follows:
1. - Subject to Section 66 of The Highway Traffic Act, R.S.O.
1970, c. 202, as amended, during the period from the first day of March
to the twenty-first day of May inclusive, no commercial motor vehicle or
trailer, other than a public vehicle, or a two-axle tank truck or two
axle truck while either is used as referred to in section 2 of this
by-law, shall be operated or drawn on any road or portion thereof that
is part of the municipal road system, where any axle of such commercial
motor vehicle or trailer transmits to the municipal road a weight in
excess of 5,000 kilograms.
2. Subject to Section 66 of The Highway Traffic Act, R.S.O. 1970,
c. 202, as amended, during the months of March and April, no two-axle
tank truck, while used exclusively for the transportation of liquid or
gaseous heating fuel, and no two axle truck, while used for the trans-
portation of live stock feed , shall he operated on any road or portion
thereof that is part of the municipal road system, where any axle transmits
to the highway a weight in excess of 7, 500 kilograms.
ATT,' CHME JT N0 .2
1 WD-25-9J ADDENDUM
-2= By-Law 80-41
l
3. Subject to Section 66 of The Highway Traffic Act, R.S.O.
1970, c. 202, as amended, during the period from the first day of March
to the twenty-first day of May, inclusive, no vehicle having a carrying
capacity in excess of 1,000 kilograms, other than a motor vehicle or
trailer, shall be operated on any road or portion thereof that is part
of the municipal road system, where the weight upon any millimetre in
the width of tire exceeds 5 kilograms.
4. Every person who contravenes any of the provisions of this
by-law is guilty of an offence and on conviction is liable to a fine of:
(a) $2.00 per 100 kilograms, or part thereof, for any weight in
excess of that permitted under The Highway Traffic Act or the regulations
thereto, where the overweight is less than 5,000 kilograms, but in no
case shall the fine be less than $50. 00;
C
(b) $4.00 per 100 kilograms, or part thereof, for any weight in
excess of that permitted under The Highway Traffic Act, or the regulations
thereto, where the overweight is 5,000 kilograms or more but is less than
7,500 kilograms;
l
(c) $6.00 per 100 kilograms, or part thereof, for any weight in
excess of that permitted under The Highway Traffic Act or the regulations
thereto, where the overweight is 7,500 kilograms or more but is less than
10,000 kilograms;
(d) $8.00 per 100 kilograms, or part thereof, for any weight in
excess of that permitted under The Highway Traffic Act or the regulations
thereto, where the overweight is 10,000 kilograms or more but is less than
15,000 kilograms and;
(e) $10.00 per 100 kilograms, or part thereof, for any weight in
excess of that permitted under The Highway Traffic Act or the regulations
thereto, where the overweight is 15,000 kilograms or more.
1212
-�- By-Law w-1�
C
By-law read a first time this 8th day of April 19 80
By-law read a second time this 8th day of April 19 80
By-law read a third time and finally passed
this 8th day of April 19 80
� SEAL
MAYOR
CLE
1213