§ 1400a. Special local highway and bridge limits; reimbursement for damages; special permits

(a) A person or corporation owning or operating a traction engine, tractor trailer, motor truck, or other motor vehicle that desires to operate it in excess of the weight limits provided in this subchapter over highways and bridges under the jurisdiction of a municipality with the exception of class 1 town highways and subject to the provisions of subsection 1400(c) of this title shall make application for a permit to the appropriate legislative body, or its designee.

(b) The application form for such a permit shall be of a uniform type, and shall be developed by the Commissioner of Motor Vehicles, after consulting with municipal officials and representatives of the State's trucking industry.

(c)(1) The selectboard, trustees, or the mayor are authorized to accept for the municipality compensation commensurate with the extra wear or maintenance required on the highway traveled over or on any bridge by reason of the overweight allowed by any permit approved by them or any exemption provided under section 1400d of this title, which shall be used for the maintenance of highways and bridges within the town, village, or city. The following factors, at a minimum, shall be taken into consideration when determining the amount of compensation due:

(A) the amount of weight allowed in excess of the normal limit;

(B) the configuration and number of axles of the vehicle involved;

(C) the number and length of trips the vehicle will be making;

(D) the condition of the highway before and after use by the vehicle, and costs associated with any needed repair.

(2) If the agreement for the compensation to be paid is in writing, failure on the part of the applicant to pay the sum or sums agreed upon shall be sufficient cause for the selectboard, trustees, or mayor to withdraw approval for the permit. A fee not in excess of $5.00 may be charged for the written approval of a municipality furnished under this section.

(d) A $5.00 fee for administration of permits imposed under this section shall be for the period expiring March 31 of each year. As an alternative, upon payment of an administrative fee of $10.00, an applicant may obtain a permit to operate all of his or her registered vehicles in that municipality, under the conditions of the permit, for the period of the permit. In the event a fleet permit is obtained, individual permits need not be carried in each vehicle permitted. (Added 1993, No. 186 (Adj. Sess.), § 6; amended 1995, No. 119 (Adj. Sess.), § 10, eff. April 25, 1996; 2003, No. 56, § 54, eff. June 4, 2003; 2003, No. 109 (Adj. Sess.), § 10.)