ARTICLE 7. WEIGHT AND SIZE RESTRICTIONS FOR VEHICLES

14-701. Definitions.

The words and phrases used in this article shall have meanings identical to those ascribed to those words and phrases by Section 1 of the Standard Traffic Ordinance as incorporated by Section 14-101 of the Code of the City of Baldwin City Kansas, and amendments thereto.

(Ord. 1243, Sec. 1; Code 2011)

14-702. Violation of Size and Weight Laws: Exceptions.

(a) It shall be unlawful for any person to drive or move or for the owner or lessee to cause or knowingly permit to be driven or moved on any highway any vehicle or combination of vehicles of a size or weight exceeding the limitations stated in this ordinance, or to otherwise fail to comply with this ordinance.

(b) Any person violating any of the provisions of this ordinance, except for the provisions of Section 7 of this ordinance, and amendments thereto, and Section 14-708 of this article, and amendments thereto, shall be fined in an amount not to exceed five hundred ($500.00) dollars.

(c) Any person convicted of violating any of the provisions of Section 14-707 of this article, and amendments thereto, and Section 14-708 of this article, and amendments thereto, shall be fined pursuant to the following schedule:

Pounds Overweight	Amount of Fine
up to 1000	$40.00
1001 to 2000	$0.04 per pound overweight
2001 to 5000	$0.06 per pound overweight
5001 to 7500	$0.08 per pound overweight
7501 or more	$0.11 per pound overweight

For a second violation of Section 14-707 or Section 14-708 of this article, and amendments thereto, within two years of a prior conviction, such person, upon conviction shall be fined 1 ½ times the above scheduled amount. For a third violation of Section 14-707 or Section 14-708 of this article, and amendments thereto, within two years, such person shall be fined two times the above scheduled amount. For a fourth or succeeding violation of Section 14-707 or Section 14-708 of this article, and amendments thereto, within two years, such person shall be fined 2 ½ times the above scheduled amount.

(d) Except as otherwise specified in this article, the provisions of this article shall not apply to fire apparatus, road machinery, farm tractors or to implements of husbandry temporarily moved upon a highway, or to a vehicle operated under the terms of a currently valid special permit issued in accordance with K.S.A. 8-1911 and amendments thereto.

(e) Except on highways designated as part of the national system of interstate defense highways, the gross weight limitation prescribed by this article on any axle or tandem, triple, or quad axles shall not apply to:

(1) Trucks or solid waste disposal operations when loaded with garbage, refuse or waste; or

(2) Trucks mounted with a fertilizer spreader used or manufactured principally to spread animal dung, except that this paragraph (2) shall not apply to truck tractors so equipped. Except that such trucks under this subsection shall not exceed the maximum gross weight limitations contained in the table in Section 14-708 of this ordinance, and amendments thereto.

(f) As used in this section, “conviction” means a final conviction without regard to whether sentence was suspended or probation granted after such conviction, and a forfeiture of bail, bond or collateral deposited to secure a defendant’s appearance in court, which forfeiture has not been vacated, is equivalent to a conviction.

(Ord. 1243, Sec. 2; Code 2011)

14-703. Widths and Loads of Vehicles.

(a) The total outside width of any vehicle or the load thereon shall not exceed 8 ½ feet, except as otherwise provided in this section.

(b) A farm tractor or fertilizer dispensing machine shall not be permitted to travel on any highway which is a part of the national system of interstate and defense highways. Whenever a farm tractor or implement of husbandry, and any load on any such vehicle, exceeds the width limitations prescribed by this section to the extent that the width of such vehicle, including any load thereon, exceeds the width of that portion of a roadway on which such vehicle is driven, which is marked as a single lane of traffic, or, if such roadway has not been marked for lanes of traffic, the width of such vehicle exceeds more than ½ the width of such roadway, the driver shall move such vehicle as soon as possible as far to the right side of the highway as is practicable and safe upon the approach of any oncoming or following vehicle and upon approaching the crest of a hill.

(c) Safety and other devices designated by the Kansas Secretary of Transportation may lawfully extend out on either side of the vehicle.

(d) Vehicles loaded with bales of hay.

(1) A vehicle may be loaded with bales of hay which shall not exceed 12 feet in width and a height as authorized by Section 5 of this ordinance, and amendments thereto, but vehicles so loaded shall not be moved on any highway designated as part of the national network of highways, except as permitted under subsection (j) of K.S.A. 8-1911, and amendments thereto, or under paragraph (2) of this subsection.

(2) A farm vehicle may be loaded with bales of hay which shall not exceed 12 feet in width and a height as authorized by Section 5 of this ordinance, and amendments thereto, but vehicles so loaded shall not be moved on any highway designated as a part of the national system of interstate and defense highways, except as permitted under subsection (j) of K.S.A. 8-1911, and amendments thereto. As used in this paragraph “farm vehicle” means a truck or truck tractor registered under K.S.A. 8-143, and amendments thereto, as a farm truck or truck tractor. Such farm truck or truck tractor may be used in combination with any type of trailer or semitrailer.

(3) Any such vehicles under paragraphs (1) or (2) so loaded shall not be moved during the period beginning 30 minutes after sunset and ending 30 minutes before sunrise. Any vehicle loaded with bales of hay as authorized by the exception in this subsection, with the load extending beyond 8 ½ feet, shall have attached thereto a sign which states “OVERSIZE LOAD” and the dimensions of the sign shall be a minimum of seven feet long and 18 inches high. Letters shall be a minimum of 10 inches high with a brush stroke of not less than 1 2/5 inches. The sign shall be readily visible from a distance of 500 feet and shall be removed when the vehicle or load does not exceed the legal width. Each vehicle shall be equipped with red flags on all for corners of the oversize load.

(e) A motor home or travel trailer may exceed 102 inches, if such excess width is attributable to an appurtenance that extends no more than six inches beyond the body of the vehicle, except that in no case shall such motor home or travel trailer exceed a total width of 108 inches. The term “appurtenance” shall not include any item that is temporarily affixed or attached to the exterior of a motor home or travel trailer by the owner of such motor home or travel trailer for the purposes of transporting from one location to another. For the purposes of this subsection the term “appurtenance” shall include:

(1) An awning and its support hardware; and

(2) Any appendage that is intended to be an integral part of a motor home or travel trailer coach and that is installed by the manufacturer or dealer.

(Ord. 1243, Sec. 3; Code 2011)

14-704. Loads on Passenger Vehicles Extending to Either Side.

No passenger-type vehicle shall be operated on any highway with any load carried thereon extending beyond the left side of such vehicle nor extending more than six (6) inches beyond the right side thereof.

(Ord. 1243, Sec. 4; Code 2011)

14-705. Height and Length of Vehicles and Loads; Exceptions to maximums.

(a) No vehicle including any load thereon shall exceed a height of 14 feet, except that a vehicle transporting cylindrically shaped bales of hay as authorized by subsection (e) of Section 14-703 of this ordinance, and amendments thereto, may be loaded with such bales secured to a height not exceeding 14 ½ feet. Should a vehicle so loaded with bales strike any overpass or other obstacle, the operator of the vehicle shall be liable for all resulting damages.

(b) No motor vehicle including the load thereon shall exceed a length of 45 feet extreme overall dimension, excluding the front and rear bumpers, except as provided in subsection (d).

(c) Except as otherwise provided in K.S.A. 8-1914 and 8-1915, and amendments thereto, and subsections (d), (e), (f), (g), and (h), no combination of vehicles coupled together shall exceed a total length of 65 feet.

(d) The length limitations in subsection (b) shall not apply to a truck tractor. No semitrailer that is being operated in combination with a truck tractor shall exceed 59 ½ feet in length. No semitrailer or trailer which is being operated in a combination consisting of a truck tractor, semitrailer and trailer shall exceed 28 ½ feet in length.

(e) The limitations in this section governing maximum length of a semitrailer or trailer shall not apply to vehicles operating in the daytime when transporting poles, pipe, machinery or other objects of a structural nature which cannot readily be dismembered, except that it shall be unlawful to operate any such vehicle or combination of vehicles which exceeds a total length of 85 feet unless a special permit for such operation has been issued by the Kansas Secretary of Transportation or by an agent or designee of the secretary pursuant to K.S.A. 8-1911, and amendments thereto. The limitations in this section shall not apply to vehicles transporting such objects operated at nighttime by a public utility when required for emergency repair of public service facilities or properties or when operated under special permit as provided in K.S.A. 8-1911, and amendments thereto, but in respect to such night transportation every such vehicle and the load thereon shall be equipped with a sufficient number of clearance lamps on both sides and marker lamps upon the extreme ends of any projecting load to clearly mark the dimensions of such load.

(f) The limitations of this section governing the maximum length of combinations of vehicles shall not apply to a combination of vehicles consisting of a truck tractor towing a house trailer, if such combination of vehicles does not exceed an overall length of 97 feet.

(g) The length limitations of this section shall not apply to stinger-steered automobile or boat transporters or one truck and one trailer vehicle combination, loaded or unloaded, used in transporting a combine to be engaged in farm custom harvesting operations, as defined in subsection (d) of K.S.A. 8-143j, and amendments thereto. A stinger-steered automobile or boat transporter or one truck and one trailer vehicle combination, loaded or unloaded, used in transporting a combine to be engaged in farm custom harvesting operations, as defined in subsection (d) of K.S.A. 8-143j, and amendments thereto, shall not exceed an overall length limit of 75 feet, exclusive of front and rear overhang.

(h) The length limitations of this section shall not apply to drive-away saddlemount or drive-away saddlemount with fullmount vehicle transporter combinations. A drive-away saddlemount or drive-away saddlemount with fullmount vehicle transporter combination shall not exceed an extreme overall dimension of 97 feet in length.

(Ord. 1243, Sec. 5; Code 2011)

14-706. Projecting loads to the front and rear.

(a) The load upon any vehicle operated alone, or the load upon the front vehicle of a combination of vehicles, shall not extend more than three (3) feet beyond the front wheels of such vehicle or the front bumper of such vehicle if it is equipped with a bumper.

(b) Any vehicle or combination of vehicles transporting passenger vehicles or other motor vehicles may carry a load which extends no more than three (3) feet beyond the front and four (4) feet beyond the rear of the transporting vehicle or combination of vehicles.

(Ord. 1243, Sec. 6; Code 2011)

14-707. Gross weight limits on wheels and axles.

(a) The gross weight upon any wheel of a vehicle shall not exceed 10,000 pounds.

(b) The gross weight upon any one axle, including any one axle of a group of axles, of a vehicle shall not exceed 20,000 pounds.

(c) Any axle located within seven feet of any adjacent axle shall, when the wheels of such axle are in contact with the road surface, carry its proportionate part of the load permitted on such axles. An axle shall not be used to determine the lawful axle weight under this section or the gross weight under Section 14-708 of this article when the wheels of such axle are not in contact with the road surface.

(d) As used in this section:

(1) “Gross weight on any one axle” means the total load on all wheels whose centers are included within two parallel transverse vertical planes not more than 40 inches apart.

(2) “Tandem axles” means two or more consecutive axles, arranged in tandem and articulated from a common attachment to the vehicle or individually attached to the vehicle, with such axles spaced not less than 40 inches and not more than 96 inches apart.

(3) “Triple axles” means three or more consecutive axles, arranged in tandem and articulated from a common attachment to the vehicle or individually attached to the vehicle, with such axles spaced more than 96 inches and not more than 120 inches apart.

(4) “Quad axles” means four or more consecutive axles, arranged in tandem and articulated from a common attachment to the vehicle or individually attached to the vehicle, with such axles spaced more than 120 inches and not more than 150 inches apart.

(e) The gross weight on tandem axles shall not exceed 34,000 pounds.

(Ord. 1243, Sec. 7; Code 2011)

14-708. Gross weight limits for vehicles, exceptions; safety of certain vehicles for operation.

(a) No vehicle or combination of vehicles shall be moved or operated on any highway when the gross weight on two or more consecutive axles exceeds the limitations prescribed in the following table:

	Max load (in lbs) carried on any group of 2 or more consecutive axles
Distance (in feet) between the extremes of any group of 2 or more consecutive axles		2 Axles	3 Axles	4 Axles	5 Axles	6 Axles	7 Axles	8 Axles
4		34,000
5		34,000
6		34,000
7		34,000
8 and less		34,000
More than 8		38,000	34,000
9		39,000	42,500
10		40,000	43,500
11			44,000
12			45,000	50,000
13			45,500	50,500
14			46,500	51,500
15			47,000	52,000
16			48,000	52,500	58,000
17			48,500	53,500	58,500
18			49,500	54,000	59,000
19			50,000	54,500	60,000
20			51,000	55,500	60,500	66,000
21			51,500	56,000	61,000	66,500
22			52,500	56,500	61,500	67,000
23			53,000	57,500	62,500	68,000
24			54,000	58,000	63,000	68,500	74,000
25			54,500	58,500	63,500	69,000	74,500
26			55,500	59,500	64,000	69,500	75,000
27			56,000	60,000	65,000	70,000	75,500
28			57,000	60,500	65,500	71,000	76,500	82,000
29			57,500	61,500	66,000	71,500	77,000	82,500
30			58,500	62,000	66,500	72,000	77,500	83,000
31			59,000	62,500	67,500	72,500	78,000	83,500
32			60,000	63,500	68,000	73,000	78,500	84,500
33				64,000	68,500	74,000	79,000	85,000
34				64,500	69,000	74,500	80,000	85,500
35				65,500	70,000	75,000	80,500
36				66,000	70,500	75,500	81,000
37				66,500	71,000	76,000	81,500
38				67,500	72,000	77,000	82,000
39				68,000	72,500	77,500	82,500
40				68,500	73,000	78,000	83,500
41				69,500	73,500	78,500	84,000
42				70,000	74,000	79,000	84,500
43				70,500	75,000	80,000	85,000
44				71,500	75,500	80,500	85,500
45				72,000	76,000	81,000
46				72,500	76,500	81,500
47				73,500	77,500	82,000
48				74,000	78,000	83,000
49				74,500	78,500	83,500
50				75,500	79,000	84,000
51				76,000	80,000	84,500
52				76,500	80,500	85,000
53				77,500	81,000	85,500
54				78,000	81,500
55				78,500	82,500
56				79,500	83,000
57				80,000	83,500
58					84,000
59					85,000
60					85,500

Except that two consecutive sets of tandem axles may carry a gross load of 34,000 pounds each if the overall distance between the first and last axles is 36 feet or more.

(1) The gross weight on any one axle of a vehicle shall not exceed the limits prescribed in Section 14-707 of this article, and amendments thereto.

(2) For vehicles and combinations of vehicles on the interstate system the table in this section shall not authorize a maximum gross weight of more than 80,000 pounds.

(3) The table in this section shall not apply to truck tractor and dump semitrailer or truck trailer combination when such are used as a combination unit exclusively for the transportation of sand, salt for highway maintenance operations, gravel, slag stone, limestone, crushed stone, cinders, coal, blacktop, dirt or fill material, when such vehicles are used for transportation to a construction site, highway maintenance or construction project or other storage facility, except that such vehicles or combination of vehicles shall not be exempted from any application of the table as may be required to determine applicable axle weights for triple and quad axles as defined in Section 14-707, and amendments thereto. As used in this subpart (3), the term “dump semitrailer” means any semitrailer designed in such a way as to divest itself of the load carried thereon.

(b) It shall be unlawful for any person to operate any vehicle or combination of vehicles with a gross weight in excess of the limitation set forth in this ordinance, except as provided in K.S.A. 8-1911 or this ordinance, and amendments thereto.

(Ord. 1243, Sec. 8; Code 2011)

14-709. Enforcement of vehicle weight laws; officers may weigh vehicles; portable scales; required drive to stationary scales; off-loading or load redistribution required, when.

(a) Any police officer having reason to believe that the gross weight of a vehicle or combination of vehicles or the gross weight on any axle or sets of axles is unlawful is authorized to require the driver to stop and submit to a weighing of the same by means of either portable or stationary scales and may require that such vehicle be driven to any scales suitable for this purpose within five miles. When portable scales are used for weighing for the purpose of this section, the location of such portable scales shall be not more than 10 miles from any stationary scales whose accuracy is certified in accordance with state law.

(b) Whenever a police officer, upon weighing a vehicle or combination of vehicles, determines that the weight is unlawful, such officer may require the driver to stop the vehicle in a suitable place and remain standing until such portion of the load is removed as may be necessary to reduce the gross weight of such vehicle or combination of vehicles or remove or redistribute the gross weight on any axle or sets of axles to such limit as permitted under this ordinance. All material so unloaded shall be cared for by the owner, lessee or operator of such vehicle at the risk of such owner, lessee, or operator.

(c) Any driver of a vehicle or combination of vehicles who fails or refuses to stop and submit such vehicle or combination of vehicles to weighing as provided in this section or who fails or refuses when directed by a police officer to comply with the provisions of this section shall be guilty of a misdemeanor.

(Ord. 1243, Sec. 9; Code 2011)

14-710. Vehicle operation on National System of Interstate and Defense Highways.

Nothing in this ordinance shall authorize any gross weight of a vehicle, combination of vehicles, or axle or axles of a vehicle on the national system of interstate and defense highways greater than permitted by laws of the United States Congress, except that this section shall not apply to a truck tractor and dump semitrailer or truck trailer combination authorized under the provision of subsection (a)(3) of Section 8 of this ordinance, and amendments thereto.

(Ord. 1243, Sec. 10; Code 2011)

14-711. Unlawful acts related to vehicle registration.

It shall be unlawful for any person to operate on the streets & highways of the City of Baldwin City, Kansas:

(a) A vehicle or combination of vehicles whose weight with cargo is in excess of the gross weight for which the truck or truck tractor propelling the same is registered, except as provided by K.S.A. 8-143, and amendments thereto, and subsections (a) to (f), inclusive, of K.S.A. 8-1911, and amendments thereto.

(b) A farm truck or farm trailer other than to transport:

(1) Agricultural products produced from such owner.

(2) Commodities purchased by the owner for use on the farm owned or rented by the owner of such vehicles.

(3) Commodities for religious or educational institutions being transported by the owner of such vehicles for charity and without compensation of any kind, except as provided in subsection (c) of K.S.A. 66-1,109 and amendments thereto; or

(4) Sand, gravel, slag stone, limestone, crushed stone, cinders, blacktop, dirt or fill material to a township road maintenance or construction site of the township in which the owner of such truck resides.

(c) A farm truck or truck tractor used in combination with a trailer or semitrailer for a gross weight which does not include the empty weight of the truck or truck tractor or of the combination of any truck or truck tractor and any type of trailer or semitrailer, plus the maximum weight of such cargo which will be transported on or with the same; and such farm truck or farm truck tractor used to transport a gross weight of more than 54,000 pounds shall have durably lettered on the side of the motor vehicle the words “farm vehicle – not for hire.”

(d) Any truck or truck tractor without the current quarter of license fees being paid thereon.

(e) A truck or truck tractor without carrying in the cab a copy of the registration receipt for such vehicle or without having painted or otherwise durably marked on said vehicle on both sides thereof, the gross weight for which said vehicle is licensed and the name and address of the owner thereof, except as provided in K.S.A. 8-143e, and amendments thereto.

(f) A farm trailer carrying more than 6,000 pounds without being registered and the registration fees paid thereon.

(g) A truck or truck tractor operated more than 6,000 miles in any calendar year which has been registered and licensed to operate not more than 6,000 miles in such calendar year, as provided in subsection (2) of K.S.A. 8-143, and amendments thereto, unless the additional fee required by said subsection (2) has been paid.

(h) A vehicle or combination of vehicles on the national system of interstate and defense highways with a gross weight greater than permitted by the laws of the United States Congress.

(Ord. 1243, Sec. 11; Code 2011)

14-712. No truck route exception created.

The provisions of this article should not be construed to limit the application of or exempt any vehicle from the application of city ordinances, or amendments thereto, or from any other ordinance limiting the routes on which certain classes of vehicles may be operated within the city.

(Ord. 1243, Sec. 12; Code 2011)

14-713. City policy of compliance.

Vehicles owned by the City of Baldwin City shall comply with the dictates of this article. Except in the case of emergency and notwithstanding any provision of this article to the contrary, no exception shall be granted from the general requirements of this ordinance to a City vehicle unless such exception would apply to a similarly situated vehicle not owned or operated by the City. In no event, however, does this section repeal the exception for fire apparatus contained in Section 14-702(d) of this article.

(Ord. 1243, Sec. 13; Code 2011)

14-714. Intent.

The provisions of this ordinance are Local Traffic Regulations intended to supplement and amend as necessary the Standard Traffic Ordinance in effect for the City of Baldwin City. As such, all ordinances or parts of ordinances in conflict with the provisions herein shall be repealed to the extent required to resolve such conflict.

(Ord. 1243, Sec. 14; Code 2011)

14-715. Severability.

If any portion of this ordinance is declared invalid for any reason, such invalidity shall not affect the remaining portions of this ordinance. To this end, the provisions of this ordinance are declared severable.

(Ord. 1243, Sec. 15; Code 2011)