COMMITTEE SUBSTITUTE
FOR
H. B. 2592
(By Delegate Warner)
(Originating in the Committee on Finance)
[March 20, 2001]
A BILL to amend and reenact section eleven, article seventeen,
chapter seventeen-c of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to the issuance
of continuous or multiple trip permits for the transport of
oversize and overweight loads on state highways.
Be it enacted by the Legislature of West Virginia:
That section eleven, article seventeen, chapter seventeen-c
of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 17. SIZE, WEIGHT AND LOAD.
§17C-17-11. Permits for excess size and weight.
(a) The commissioner of highways may, in his or her
discretion, upon application in writing and good cause being shown
therefor issue a special permit in writing authorizing: (1) The applicant, in crossing any highway of this state, to operate or
move a vehicle or combination of vehicles of a size or weight or
load exceeding the maximum specified in this chapter or otherwise
not in conformity with the provisions of this chapter, whether the
operation be continuous or not, provided the applicant shall agree
to compensate the commissioner of highways for all damages or
expenses incurred in connection with the crossing; (2) the
applicant to operate or move a vehicle or combination of vehicles
of a size or weight of vehicles or
nondivisible load exceeding the
maximum specified in this chapter or otherwise not in conformity
with the provisions of this chapter;
except that a permit shall not
be issued for continuous operation of a vehicle not in conformity
with the provisions of this article relating to weight limitations;
and (3) the applicant to move or operate, for limited or continuous
operation, a vehicle hauling containerized cargo in a sealed,
seagoing container to or from a seaport or inland waterway port
that has or will be transported by marine shipment where the
vehicle is not, as a result of hauling the container, in conformity
with the provisions of this article relating to weight limitations,
upon the conditions that: (A) The container be hauled only on the
roadways and highways designated by the commissioner of highways;
(B) the contents of the container are not changed from the time it
is loaded by the consignor or the consignor's agent to the time it is delivered to the consignee or the consignee's agent; and (C)
such any additional conditions as the commissioner may impose to
otherwise ensure compliance with the provisions of this chapter.
(b)(1) The commissioner may issue a special permit to operate
or move a vehicle or combination of vehicles of a size or weight of
vehicles or nondivisible load exceeding the maximum specified in
this chapter or otherwise not in conformity with the provisions of
this chapter over routes designated by the commissioner upon such
terms and restrictions as the commissioner may prescribe.
(2) For purposes of this section, nondivisible load means any
load exceeding applicable length or weight limits which, if
separated into smaller loads or vehicles, would: (A) Compromise the
intended use of the vehicle, to the extent that the separation
would make it unable to perform the function for which it was
intended; (B) destroy the value of the load or vehicle, to the
extent that the separation would make it unusable for its intended
purpose; or (C) require more than eight workhours to dismantle
using appropriate equipment: Provided, That the applicant for a
nondivisible load permit has the burden of proof as to the number
of workhours required to dismantle the load.
(b) (c) The application for any permit
other than a special
annual permit shall specifically describe the vehicle or vehicles
and load to be operated or moved along or across the highway and the particular highway or crossing of the highway for which permit
to operate is requested, and whether the permit is requested for a
single trip or for a continuous operation.
(c) (d) The commissioner of highways is authorized to issue or
withhold a permit at his or her discretion; or, if the permit is
issued, to limit the number of trips, or to establish seasonal or
other time limitations within which the vehicles described may be
operated on or across the highways indicated, or otherwise to limit
or prescribe conditions of operation of the vehicle or vehicles,
when necessary to assure against undue damage to the road
foundations, surface, or structures, and may require the
undertaking, bond or other security as may be considered necessary
to compensate for any injury to any roadway structure and to
specify the type, number and the location for escort vehicles for
any vehicle.
The commissioner may charge a fee not to exceed five dollars
for the issuance of a permit for a mobile home and a reasonable fee
for the issuance of a permit for any other vehicle under the
provisions of this section to pay the administrative costs thereof.
(d) (e) Every permit shall be carried in the vehicle or
combination of vehicles to which it refers and shall be open to
inspection by any police officer or authorized agent of the
commissioner of highways granting the permit, and no person shall violate any of the terms or conditions of the special permit.
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