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Excess Maintenance is the maintenance required in excess of the Posting Authority’s normal routine maintenance due to over-posted-weight-vehicles damaging the roadway. Excess maintenance activities include, but are not limited to, repairing shoulders that are pushed and heaved due to hauling, repairing crushed pipes, patching a wheel-depressed road surface, repairing extensive potholes, and performing stone base repairs under the pavement.
An EMA legally binds a permitted hauler to be financially responsible for the maintenance and repair of roads directly damaged due to the haulers’ activity on roads that exceed the posted limits.
Without an EMA, the general taxpayer is required to pay for excess maintenance costs resulting from the effects of hauling on secondary roadways. With an EMA, the additional maintenance costs for roadways subjected to hauling are the responsibility of those who cause the damage.
To obtain a permit, a permit application (M-4902APP) must be completed and submitted to the District Posting and Bonding Coordinator. A list containing contact information by District is available here: District Contact Information.
Type 1 Permit: A Type 1 Permit authorizes use of a particular posted roadway, or portion thereof, by an over-posted-weight vehicle belonging to the hauler, and it is valid only when carried in the over-posted-weight vehicles(s);
Type 2 Permit: A Type 2 Permit authorizes use of a particular posted roadway, or portion thereof, by an over-posted-weight vehicle, and it is valid only when conspicuously displayed at the haulers place of business;
Type 3 Permit: A Type 3 Permit provides authorization for over-posted-weight vehicle use of several specified posted roadways, or portions thereof; however, a Type 3 permit is not issued providing blanket authorization to exceed posted weight restrictions throughout the county covered by the agreement. A Type 3 Permit is valid only when carried in the over-posted-weight vehicle belonging to the hauler.
Once the EMA is approved, the Posting Authority reviews the subsequent permit applications and issues the appropriate type of permit. A hauler can meet the criteria for multiple permit types, the Posting Authority has discretion in determining which permit type to issue.
If the hauler requires a permit to exceed 80,000 pounds, a permit under 67 Pa Code § 179 is required. Please visit the APRAS website to apply for the proper permit.
The posting authority and the hauler conduct an on-site inspection of the posted roadway prior to the execution of a permit. The hauler's responsibilities will be determined at the conclusion of the inspection.
The hauler must pay for all excess maintenance repair costs. The hauler may choose, or the Posting Authority can direct the hauler to use one of two options to repair the roadway. They include Option A or Option B:
- Option A - The hauler or its contractor can make the repairs, or
- Option B - PennDOT or its contractor can repair the roadway and bill the hauler for the work. PennDOT encourages the hauler to either repair the roadway itself or hire an approved contractor.
Before the EMA is executed, an on-site inspection of the posted roadway is conducted. During this inspection, PennDOT officials and representatives from the hauling company will complete a detailed report documenting the condition of the roadway. Copies of the inspection report are made available to the hauler. PennDOT continues to be responsible for normal maintenance work. The hauler is not responsible for repairing the existing condition of the roadway.
Agreements will be executed for each hauler by PennDOT. If two or more haulers are permitted on the same posted roadway, they should determine themselves how the excess maintenance responsibility for the roadway should be divided. If the haulers cannot come to a mutual agreement, PennDOT will determine the relative responsibility for each hauler. Here is an expanded explanation of how PennDOT will allocate construction cost (PDF) among multiple users, which is detailed in Chapter 15.
PennDOT, in conjunction with the Pennsylvania State Police or local law enforcement, is responsible for administering and enforcing the program, and they will contact any hauler committing possible violations. If a permitted hauler suspects that an unpermitted hauler is violating the weight restriction, it is their responsibility to report it to the Pennsylvania State Police and PennDOT.
The hauler's trucks cannot exceed80,000 lbs, without a properly issued APRAS permit.