ENROLLED
H. B. 2583
(By Delegates Givens and Ennis)
[Passed April 12, 2001; in effect ninety days from passage.]
AN ACT to amend and reenact section one, chapter two hundred
eighty-seven, acts of the Legislature, regular session, two
thousand, relating to directing the commissioner of highways
to allow the increase of gross weight limitations on certain
roads in Ohio and Brooke Counties.
Be it enacted by the Legislature of West Virginia:
That section one, chapter two hundred eighty-seven, acts of
the Legislature, regular session, two thousand, be amended and
reenacted to read as follows:
WEIGHT LIMITATIONS ON CERTAIN ROADS IN OHIO AND BROOKE COUNTIES.
§1. Authority of the commissioner of the division of highways
to increase weight limitations on certain highways within
Ohio and Brooke Counties of West Virginia.
If the commissioner of the division of highways determines
that the design, construction and safety of certain highways designated herein in Brooke and Ohio counties of West Virginia
are such that tonnage limits may be increased without undue
damage, the commissioner may increase them. The commissioner
shall then set new weight limitations applicable to said highways
or portions thereof.
The commissioner may not establish any weight limitation in
excess of or in conflict with any weight limitation prescribed by
or pursuant to acts of Congress with respect to the national
system of interstate and defense highways.
If the commissioner determines that the portion of U. S.
Route 40 from milepost 0.84 to 1.35 in Ohio County to U. S. Route
40 westbound from milepost 0.00 to 0.23 in Ohio County to the
southbound lanes of State Route 2 from milepost 0.17 to 0.26 in
Ohio County and on State Route 2 in Ohio County from milepost
3.27 to 11.61 and State Route 2 in Brooke County from milepost
0.00 to 3.33 are designed and constructed to allow the gross
weight limitation to be increased from eighty thousand pounds to
ninety thousand pounds without undue damage, the commissioner may
increase the weight limitations from eighty thousand pounds up to
ninety thousand pounds on those sections of State Route 2 and U.
S. Route 40 described above:
Provided, That any person,
organization or corporation exceeding eighty thousand pounds
gross weight limitation while using said routes shall first
obtain a multi-trip permit from the commissioner before proceeding and shall provide the commissioner with a bond
sufficient to cover any potential undue damage which may result
from the use:
Provided, however, That if it is the determination
of the commissioner that the routes, as specifically described
herein, are in need of repaving, those persons, organizations or
corporations shall pay the cost of repaving in amounts as
assessed, from time to time, by the commissioner:
Provided
further, That the commissioner also determines that the increased
limitation is not barred by an act of the United States Congress
and the commissioner has received approval from the United States
department of transportation to increase the weight limitation.
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