Liability for Damage to Highways or Structures

(a)Any person driving or moving any vehicle, object or contrivance, including any person operating or moving a vehicle or combination of vehicles, either legally or under a special permit authorized in § 5114, shall be liable for all damage any highway or highway structure may sustain as the result of any careless, negligent or illegal driving or moving of said vehicle, combination of vehicles, object or contrivance.

(b)Any person driving or moving any vehicle, object or contrivance, including any person operating or moving a vehicle or combination of vehicles either legally or under a special permit authorized in § 5114, shall be liable for all damage to structures spanning the highway, or a part of the highway, by reason of vehicles or load heights in excess of that which such structure will permit, when the clearance height of the vehicle or load or loadholding device thereon is in excess of thirteen

(13)feet six

(6)inches.

(c)Any person driving or moving any vehicle, object or contrivance, including any person operating or moving a vehicle or combination of vehicles either legally or under a special permit authorized in § 5114, shall be liable for all damage to structures spanning the highway, or part of the highway, by reason of vehicles or load width in excess of that which such structure will permit and, in any event, where the width of the vehicle or load is in excess of one hundred two

(102)inches.

(d)Any vehicle or combination of vehicles of an unusually large size or weight shall be required to obtain a special hauling permit at least forty-eight

(48)hours in advance of the expected COL4/6/2022 CH. 5 SIZE, WEIGHT AND LOAD LIMITATIONS AND RESTRICTION OF CERTAIN VEHICLES moving date. At this time the owner of said vehicle or combination of vehicles will provide proof that arrangements have been made for the removal and replacement of overhead and off-road obstructions, routing, authorized testing of the highway surface, police escort and any other requirements deemed necessary for moving by the Director of Public Works or his authorized representative. All costs shall be borne by the owner.

(e)Whenever such driver or mover is not the owner of any vehicle or combination of vehicles, object or contrivance, but is so driving or moving same with the express or implied permission of the owner, then the owner and driver or mover shall be jointly and severally liable for any damage.

(f)Any such damage may be recovered in a civil action.