HomeMy WebLinkAboutWD-46-80 TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT
Director's Report to Public Works Committee.
Item: WD-46-80.
Date: March 28, 1980.
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Subject: Weight Restrictions.
Background:
Mr. Sam Cureatz, M.P.P. , directed a request to the Town Clerk that
garbage trucks be granted exemption from the existing half-load
weight restrictions in force on municipal roads.
Report:
The Highway Traffic Act, Section 77 (8) outlines the conditions
under which weight restrictions are imposed and details those
vehicles which are automatically exempt (see detailed memorandum
to Town Clerk, attached) . Section 66 (1) makes provision for the
occasional exemption in single situations.
This specific matter has been discussed with a representative of
the Regional Municipality of Durham who stated that, in his opinion,
the Region would be reluctant to grant a permit for exemption from
the current weight restrictions - in this instance for operators of
garbage trucks - as in so doing a precedent would be created and it
would be reasonable to expect other persons involved with the trans-
portation of goods, to apply for similar exempt status, ultimately
nullifying the effectiveness of half-load restrictions.
Summary:
Having due regard to the specific conditions as detailed in The
Highway Traffic Act, and bearing in mind the possible impact of
singular permits granting exemption from weight restrictions on
Town-owned roads, it is felt that such action would be undesirable.
att:
M E M O R A N D U M
To: J.M. McIlroy, A.M.C.T. , Town Clerk.
From: J. Dunham, Director of Public Works.
Subject: Weight Restrictions.
Date: March 28, 1980.
r
With reference to the correspondence from Mr. Sam Cureatz, M.P.P. ,
dated March 19, 1980, and your reply of March 24, 1980, relative
to Weight Restrictions on Town roads, I have reviewed the matter
and would continent as follows:
In accordance with The Highway Traffic Act, Section 77 (8) the only
vehicles exempt from weight restrictions are those operated by, or
on behalf of, a municipality or other authority having jurisdiction
and control of a highway. The exemptions apply to those vehicles
engaged in highway maintenance (including the carriage and applic-
ation of abrasive or chemicals to the highway) ; the stockpiling of
abrasives or chemicals for use on a highway; those vehicles engag-
ed in the removal of snow or vehicles employed exclusively in the
transportation of milk.
Section 66 (1) of The Highway Traffic Act provides for Permits as
follows:
"The municipality, corporation or other
authority having jurisdiction over the
highway may, upon application in writing,
grant a permit for the moving of heavy
vehicles, loads, objects or structures
in excess of the dimensional. limits set
out in Section 65, or the weight limits
set out in Part VII, Section 65: address
width of vehicle, width of load, length
of vehicle or combination, length of
semi-trailer, length of bus and height
of vehicle. "
In the past, consideration has been given for one day situations,
in that someone wished to move something, subject to satisfactory
conditions. It should be noted that, apart from such isolated in-
stances, it is not recommended that special permits be issued as
such action would create a precedent. Council, however, having
Jurisdiction, may consider otherwise, therefore I will bring the
subject matter before the Public Works Committee On April 1, 1980.
4
Sam L. Cureatz, M.P.P. .,
7, Home Adclrc!s;;:
Office: lira •i'r'k
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Oshawa Ontario , r LOA .il n Luirr
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(416) 571'20134 E)III JII)
LEGISLATIVE ASSEMBLY Constituency Office:
Queen's Park Office: 6£3 Krnc) Slrer!i Erfsl
Room .143 Sam L. Cureatz. M.P.P. 1iowfII'll illy! OlIt'lrio
Legislative Budding Durham East L1C ,iX:l
Oueen s Park, Toronto (•116) E)? 1 i,f,f3
Ontario M7A 3 A2
(-116) x,65-4 1136 24 Colborne St. East,
Oshawa , Ontario,
March 19, 1980.
Mr . J. M. MC11roy, Clerk ,
Town of Newcastle ,
40 Temperance St. ,
BOWMANVILL'E, Ontario.
Dear Mr. Mcllroy :
I have been approached by constituents of mine,
Mr . Bill Hale and Mr. Jim Male of Newtonville to give
them assistance in alleviating their problem centering i .
on the half load limitation presently existing on many i
of the town ' s roads, i
The Bales are affected because garbage trucks can
not get to their disposal. site in the former township of
Clarke.
With present axle weight distribution , T understand
that garbage trucks running empty are over the half load
limit.
I have spoken with Mr. . Dale Mcconaghy, assistant to
the Honorable James Snow who has in:( owned me this is a
regional_ problem under the I-Iighwav Traffic Act , however
the region can provide exemption. I realize this can be a delicate
situation for the Town , but it could also be delicate if the
accustomed disposal of waste prob7,ems is interfered with.
Yours sincerely,
I
SLC :MS --�11M L. CUREAT7, M.P .h . ,
Durham Last;
copies to Town of Newcastle councillor.
Mr . Bill hale RECEIVED
Mr . Jim Hale
r/,AR 24 10 0