Section 110.1: Special permits to exceed dimension and weight limits

Ontario

Highway Traffic Act

Part VII: Load and Dimensions

(1) For the purposes set out in subsection (2), the Registrar may, upon application in writing, issue a permit allowing the operation of a vehicle or combination of vehicles that does not comply with,

(a) one or more of the dimensional limits set out in section 109 or a regulation prescribing the configuration, weight and dimensions made for the purpose of subsection 109 (7.1), (8.1) or (10.2); or

(b) one or more of the weight limits set out in Part VIII or a regulation made under that Part. 2000, c. 26, Sched. O, s. 7.

Purposes for issuing special permits

(2) A permit may be issued under subsection (1),

(a) to harmonize the rules and limits with respect to configurations, weights and dimensions applicable to a class of vehicles or combination of vehicles with those of any other jurisdiction;

(b) to allow a trial of a vehicle or combination of vehicles;

(c) to allow a variance from a limit within a geographic area or along routes specified by the Registrar for the movement of a commodity or commodities;

(d) to allow the use of a vehicle or combination of vehicles for a purpose or in circumstances described in the regulations. 2000, c. 26, Sched. O, s. 7.

Classes of permit

(3) The Registrar may establish different classes of permits for different classes of vehicles or combinations of vehicles. 2000, c. 26, Sched. O, s. 7.

Eligibility for s. 110 permit

(4) The Registrar may refuse to issue a permit under subsection (1) if the vehicle or combination of vehicles is eligible to be considered for a permit under subsection 110 (1), whether or not the applicant has been refused a permit under that subsection. 2000, c. 26, Sched. O, s. 7.

Qualifications

(5) The Registrar may establish qualifications for applicants for a permit under subsection (1). 2000, c. 26, Sched. O, s. 7.

Limited number of permits

(6) The Registrar may limit the number of permits of any class, may adopt any reasonable scheme for allotting the permits within a class and may refuse to issue a permit because the maximum number of permits for the class has already been issued or in accordance with the terms of the allotment scheme. 2000, c. 26, Sched. O, s. 7.

Conditions

(7) The Registrar may attach conditions to a permit that he or she issues as he or she considers appropriate. 2000, c. 26, Sched. O, s. 7.

Onus

(8) The onus is on the applicant to establish that a permit should be granted and the Registrar may refuse any application unless he or she is satisfied that the permit should be granted. 2000, c. 26, Sched. O, s. 7.

Submissions and decision

(9) The Registrar shall consider an applicant's submissions relating to the issuance of a permit and the conditions that attach to the permit, but shall not hold a hearing into the matter, and the Registrar's decision is final. 2000, c. 26, Sched. O, s. 7.

Fees

(10) The Registrar may set fees for the issuance, renewal and replacement of permits issued under this section. 2000, c. 26, Sched. O, s. 7.

Same

(11) The Registrar may set different fees and different validity periods for different classes of vehicles, combinations of vehicles or persons and may exempt classes of vehicles, combinations of vehicles or persons from fees. 2000, c. 26, Sched. O, s. 7.

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