Section 110: Permits to exceed dimension and weight limits (use of highway)

Ontario

Highway Traffic Act

Part VII: Load and Dimensions

(1) The municipal corporation or other authority having jurisdiction over the highway may, upon application in writing, grant a permit for use of the highway by a vehicle or combination of vehicles in excess of the dimensional limits set out in section 109 or the weight limits set out in Part VIII in order to allow the movement of, (a) a load, object or structure that cannot reasonably be divided and moved within those limits;

(b) a vehicle that cannot reasonably be divided and moved within those limits and that is not itself carrying a load, object or structure or drawing or carrying a vehicle;

(c) a vehicle or combination of vehicles that is used exclusively to move a load, object or structure or to draw or carry a vehicle as described in clauses (a) and (b). 2000, c. 26, Sched. O, s. 6.

Permits, general or limited

(2) The permit referred to in subsection (1) may be general, or may limit the time and the particular highway that may be used, and may contain conditions relating to the protection of persons and property from injury or damage and the municipal corporation or other authority may require a bond or other security sufficient to cover the cost of repairing any possible damage to the highway. R.S.O. 1990, c. H.8, s. 110 (2).

Who may issue

(3) The council of any municipality may by by-law provide that a permit referred to in subsection (1) may be issued by an officer of the corporation named therein. R.S.O. 1990, c. H.8, s. 110 (3).

Issue of permit by Ministry

(4) In the case of a vehicle for which a permit is required under this section in order to pass over a highway or highways under the jurisdiction of two or more municipalities or other authorities, the permit so to do may be issued by the Ministry, which permit is instead of the several permits to be otherwise obtained from the municipal corporations or other authorities, and the permit may limit the time and the particular highway or highways that may be used, and may contain any special conditions or provisions that may be considered necessary to protect the highways from damage, and the Ministry may require a bond or other security sufficient to cover the cost of repairing possible damage to the highway. R.S.O. 1990, c. H.8, s. 110 (4).

Responsibility for damages caused to highway

(5) The owner, operator or mover of a heavy vehicle, load, object or structure in respect of which a permit is granted under this section is nevertheless responsible for all damages that may be caused to the highway by reason of the driving, operating or moving of any such heavy vehicle, load, object or structure. R.S.O. 1990, c. H.8, s. 110 (5).

Condition of permit

(6) It is a condition of every permit issued under this section that the original permit or a copy of it be carried in the vehicle for which the permit was issued and be produced when demanded by a police officer or an officer appointed for carrying out the provisions of this Act. R.S.O. 1990, c. H.8, s. 110 (6); 2019, c. 15, Sched. 18, s. 6.

Penalty

(7) Every person who operates or permits the operation of a vehicle or combination of vehicles contrary to any of the conditions of the permit is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $20,000 and, in addition, if the condition contravened is in respect of any weight allowed under the permit, a fine shall be imposed as if the person had not been issued a permit under this section and had been convicted of an offence under section 116, 117 or 118 in respect of any gross vehicle weight, axle unit weight or axle group weight in excess of the maximum allowable weights permitted under this Act or the regulations. R.S.O. 1990, c. H.8, s. 110 (7); 1996, c. 20, s. 25.

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© King's Printer for Ontario, 2012-2021. The text is not the official version of Ontario's Highway Traffic Act or associated regulations. For official text, refer to www.ontario.ca/laws.