Opinion No. (2005)

BILL LOCKYER Attorney General GREGORY L. GONOT Deputy Attorney General THE HONORABLE BOB MARGETT, MEMBER OF THE STATE SENATE, has requested an opinion on the following question: May a city or county assess a fee in an amount that exceeds the fee amount charged by the Department of Transportation for the issuance of a permit authorizing the movement of a vehicle or load of a size or weight exceeding the maximum specified in the Vehicle Code? CONCLUSION A city or county may not assess a fee in an amount that exceeds the fee amount charged by the Department of Transportation for the issuance of a permit authorizing the movement of a vehicle or load of a size or weight exceeding the maximum specified in the Vehicle Code; however, a city or county may assess a separate charge for the performance of special services necessitated by an unusually large or heavy load. ANALYSIS The Legislature has enacted a comprehensive statutory scheme (Veh. Code, §§ 35780-35796) 1 authorizing the California Department of Transportation ("Department") and "local authorities" 2 to issue special permits "[t]o operate or move a vehicle or combination of vehicles or special mobile equipment of a…