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Introduced Version House Bill 2089 History

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Key: Green = existing Code. Red = new code to be enacted


H. B. 2089


(By Delegate Perdue)

[Introduced February 14, 2001 ; referred to the

Committee on Roads and Transportation then the Judiciary.]





A BILL to amend article seventeen, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section ten-a, relating to enforcing weight limits on coal conveyance vehicles; requiring coal companies to submit reports to the department of transportation describing loads and weights of trucks that are loaded at their facilities; and, prescribing criminal penalties for violations of the section.

Be it enacted by the Legislature of West Virginia:

That article seventeen, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section ten-a, to read as follows:

ARTICLE 17. SIZE, WEIGHT AND LOAD.

§17C-17-10a. Coal companies required to weigh and report loads.

(a) Every coal company operating in this state, after loading a load of coal onto a vehicle or combination of vehicles, shall weigh the vehicle or combination of vehicles and make a written record of the weight. The department of transportation shall prescribe a form to be used in recording weights of loads under this section. The form shall take into account those criteria and requirements set forth in section nine of this article and the coal company that loads the vehicle or vehicles shall submit the form to the department of transportation with all information necessary to determine if a particular load is in compliance with the limitations required by section nine of this article.
(b) In every instance in which a recorded load is in violation of the limitations set forth in section nine of this article, the shipping agent responsible for the load is guilty of a misdemeanor and, upon conviction thereof, shall be fined two hundred dollars.
(c) The owner or operator of any coal company who fails or refuses to comply with any requirement or provision of this section is guilty of a misdemeanor.


NOTE: The purpose of this bill is to require coal companies to weigh truck loads of coal they load for transport and report the loads to the department of transportation in order to determine if the weight of the loads are in compliance with weight requirements set forth in the code. The bill prescribes a criminal fine for shipping agents of vehicles which are overloaded, and coal companies that fail or refuse to comply with the law are guilty of a misdemeanor as prescribed under 17C-18-1.

This section is new; therefore, strike-throughs and underscoring have been omitted.

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