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Village of Clive
Bylaw #472-05
ROAD BANS BYLAW
Being a Bylaw of the Village of Clive in the Province of Alberta, to provide
for the limiting of weights of vehicles on highways under the direction,
control and management of the Village of Clive.
WHEREAS Section 152 of the Traffic Safety Act, RSA 2000, c.T-6, as amended
("the Act"), provides that a council of a municipality may, for the physical
preservation of a highway under its direction, control and management, make
bylaws restricting the weight of a commercial vehicle or a commercial vehicle and
any goods being carried by the vehicle, to a weight that is less than the weight that
may be bore under this Act.;
AND WHEREAS the Act provides that the council of a municipality may by bylaw
delegate to an employee of the municipality the power to impose road bans;
AND WHEREAS the Council of the Village of Clive deems it necessary to provide
for weight restrictions for vehicles on highways under the direction, control and
management of The Village of Clive;
NOW THEREFORE the Council of the Village of Clive, duly assembled, enacts as
follows:
1.
That this Bylaw shall be referred to as the "Road Bans Bylaw".
2.
That words used in this bylaw have the same meaning as words defined in the
Traffic Safety Act.
3.
That no person shall operate a vehicle on a highway under the direction, control
and management of the Village of Clive other than in accordance with the weight
limitations as specified in the Traffic Safety Act and the Public Vehicle Weight
Regulation, as amended, except where limited or restricted by the provision of this
Bylaw.
4.
That the Council of the Village of Clive reserves the right to limit the weight on
any load traveling on any highway under their jurisdiction by way of Road Bans.
5.
That the Council of the Village of Clive delegate to the Chief Administrative
Officer (C.A.O.) the power to impose Road Bans.
6.
That when a road ban is imposed, the C.A.O. shall cause signs to be erected along
the highway as considered necessary to notify persons using vehicles on the
highway of the prohibition, limitation, condition or restriction.
7.
That a public vehicle in respect of which an Overload Permit is issued in
accordance with the provisions of the Traffic Safety Act shall not, pursuant to that
overload permit, be operated on a highway under the direction, control and
management of the Village, unless:
a). The Village of Clive has given its approval to that public vehicle being
operated on that highway;
b) The owner, operator, driver of mover of the public vehicle shall agree to be
responsible for all damages which may be caused to the highway by reason of
driving, operating or moving of any such vehicle upon the highway; and
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Bylaw #472-05 - Village of Clive Road Bans Bylaw
c) As requested by the Village, the owner, operator, driver or mover of the vehicle
posts a bond sufficient to cover the cost of repairing possible damages to the
highway in an amount determined by and determined to be satisfactory to the
Village.
8.
That this Bylaw shall take full force and effect upon third and final reading.
READ a first time this 12th day of December, 2005.
READ a second time this 9th day of January, 2006.
READ a third time and declared finally passed on this 23rd day of January, 2006.
_________________________________
Mayor
_________________________________
Municipal Administrator