H. B. 2547
(By Delegates Ashley and Rowe)
[Introduced March 11, 1993; referred to the
Committee on Roads and Transportation.]
A BILL to amend and reenact sections nine and fourteen, article
seventeen, chapter seventeen-c of the code of West Virginia,
one thousand nine hundred thirty-one, as amended; and to
further amend said article by adding thereto a new section,
designated section eleven-c, all relating to motor vehicles;
setting forth legislative findings; authorizing the
commissioner of the division of highways to increase weight
limits for single unit trucks transporting construction
materials short distances for public improvement projects;
establishing weight limits for vehicles; and requiring
conformity with applicable federal laws and regulations.
Be it enacted by the Legislature of West Virginia:
That sections nine and fourteen, article seventeen, chapter
seventeen-c of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted; and
that said article be further amended by adding thereto a new
section, designated section eleven-c, all to read as follows:
ARTICLE 17. SIZE, WEIGHT AND LOAD.
§17C-17-9. Gross weight of vehicles and loads.
(a) It shall be unlawful for any owner, lessee or borrower
of a vehicle or combination of vehicles to operate on any highway
such vehicle or combination of vehicles with a gross weight in
excess of the gross weight for which such vehicle or combination
of vehicles is registered or in excess of any weight limitation
set forth in this chapter, whether such limitation be
specifically stated in this chapter or set by express authority
granted in this chapter.
(b) Subject to the limit upon the weight imposed upon the
highway through any one axle as set forth in section eight of
this article, or the limit upon the weight imposed upon the
highway through any tandem-axle as set forth in section eight-a
of this article, weight limits for single unit trucks subject to
the provisions of section eleven-c of this article, the total
gross weight with load imposed upon the highway by any one group
of two or more consecutive axles of a vehicle or combination of
vehicles shall not exceed the gross weight given for the
respective distance between the first and last axle of the total
group of axles measured longitudinally to the nearest foot as set
forth in the following table:
Distance in feet
between the
extremes of anyMaximum load in pounds
groups of twocarried on any group of
or more two or more consecutive axles
consecutive
axles 2 axles3 axles4 axles5 axles6
axles
434000
534000
634000
734000
83400034000
93900042500
104000043500
1144000
124500050000
134550050500
144650051500
154700052000
16480005250058000
17485005350058500
18495005400059000
19500005450060000
2051000555006050066000
2151500560006100066500
2252500565006150067000
2353000575006250068000
2454000580006300068500
2554500585006350069000
2655500595006400069500
2756000600006500070000
2857000605006550071000
2957500615006600071500
3058500620006650072000
3159000625006750072500
3260000635006800073000
33640006850074000
34645006900074500
35655007000075000
36660007050075500
37665007100076000
38675007200077000
39680007250077500
40685007300078000
41695007350078500
42700007400079000
43705007500080000
44715007550080500
45720007600081000
46725007650081500
47735007750082000
48740007800083000
49745007850083500
50755007900084000
51760008000084500
52765008050085000
53775008100086000
54780008150086500
55785008250087000
56795008300087500
57800008350088000
588400089000
598500089500
608550090000
Provided,
That no vehicle or combination of vehicles shall
have a gross weight, including the load, in excess of sixty-five
thousand pounds, except that the maximum gross weight of vehicles
operating on the national system of interstate and defense
highways and any highway providing reasonable access to and from
terminals and facilities for food, fuel, repairs and rest within
the state shall not be in excess of eighty thousand pounds and
except as otherwise provided in this article. Notwithstanding
the limits prescribed in subsection (b) of this section, two
consecutive sets of tandem-axles may carry a gross load of
thirty-four thousand pounds each providing the overall distance
between the first and last axles of such consecutive sets of
tandem-axles is thirty-six feet or more:
Provided, however,
That
the limits prescribed in subsection (b) of this section shall not
prohibit the operation of any vehicle or combination of vehicles
of a type which could be lawfully operated in accordance with
gross vehicle weights in effect on the first day of January, onethousand nine hundred seventy-five:
Provided further,
That no
maximum weight in excess of or in conflict with any weight
limitations prescribed by or pursuant to any act of Congress
shall be permitted on the national system of interstate and
defense highways.
§17C-17-11c. Single unit trucks transporting construction
materials short distances.
(a) The Legislature finds and declares that enforcement of
long-standing vehicle weight limits established by other
provisions of this article, when applied to single unit trucks
hauling materials short distances to and from public improvement
project construction sites, has increased the cost to the state
and its political subdivisions for public improvements. For
example, a ready-mixed concrete truck, which can be used for only
one purpose, is prohibited by existing vehicle weight limits from
delivering a full load of such concrete to a construction site.
Therefore, to decrease costs to the state and its political
subdivisions, and to comport with modern infrastructure and
haulage equipment, single unit trucks transporting construction
materials short distances for public improvement projects shall
be subject to the weight limits established in this section.
(b) Any single unit truck transporting construction
materials, including, but not limited to, ready-mixed concrete,
asphalt, block, dirt, sand, gravel, stone and limestone
aggregates, for a distance of no more than sixty miles one way,
to or from a public improvement project construction site, may beoperated at the weights set forth herein in excess of the maximum
gross weight and axle weights prescribed in sections eight,
eight-a and nine of this article or any other weight limitations
placed on any public highway, excluding federal regulations, by
complying with permit requirements set forth below:
(1) Such a truck having one steering axle and two axles in
tandem shall be permitted a maximum gross weight of sixty-three
thousand pounds with a tolerance of five percent; and
(2) Such a truck having one steering axle and three axles in
tridem arrangement shall be permitted a maximum gross weight of
seventy-two thousand pounds with a tolerance of five percent.
(c) Nothing in this section shall be construed or
administered to jeopardize the receipt of federal funds for
highway purposes. In no event shall this section be construed to
authorize any vehicle to operate on a federal interstate highway
in excess of those limits prescribed by federal law or to
endanger the traveling public on any highway.
§17C-17-14. Penalties for violation of weight laws; impounding
vehicles.
Subject to the provisions of section eleven-c of this
article regarding single unit trucks, any owner, lessee or
borrower of a vehicle or combination of vehicles who operates or
permits to be operated on any highway such vehicle or combination
of vehicles with any axle load in excess of that permitted by
sections eight and eight-a of this article, or with a total gross
weight with load imposed upon the highway by any one group of twoor more consecutive axles in excess of that permitted by section
nine or eleven-a of this article, shall be is guilty of a
misdemeanor, and, upon conviction thereof, shall be punished by
a fine scheduled in proportion to the amount of pounds in excess
of the registered weight, or in excess of allowable weights for
single axle, or in excess of allowable weights for groups of two
or more consecutive axles, in accordance with the schedule in
words and figures as follows:
Pounds in excess of registered weight, or in excess of
allowable weights for single axle, or in excess of allowable
weights for groups of two or more consecutive axles.
Amount
of
Fine
1to4,000$ 20.00
4,001to5,000$ 25.00
5,001to6,000$ 60.00
6,001to7,000$ 70.00
7,001to8,000$ 80.00
8,001to9,000$ 90.00
9,001to10,000$ 100.00
10,001to11,000$ 165.00
11,001to12,000$ 180.00
12,001to13,000$ 195.00
13,001to14,000$ 210.00
14,001to15,000$ 225.00
15,001to16,000$ 320.00
16,001to17,000$ 340.00
17,001to18,000$ 360.00
18,001to19,000$ 380.00
19,001to20,000$ 400.00
20,001to21,000$ 525.00
21,001to22,000$ 550.00
22,001to23,000$ 575.00
23,001to24,000$ 600.00
24,001to 25,000$ 625.00
25,001to26,000$ 780.00
26,001to27,000$ 810.00
27,001to28,000$ 840.00
28,001to29,000$ 870.00
29,001to30,000$ 900.00
30,001to40,000$1,200.00
40,001to50,000$1,400.00
50,001 and over$1,600.00
In the event any owner, lessee or borrower of a vehicle is
charged with violating this section, the vehicle which is charged
to be overloaded shall be impounded by the arresting officer and
shall not be released to such owner, lessee or borrower unless
and until such owner, lessee or borrower either shall have been
found guilty and paid any fine assessed against such owner,
lessee or borrower, or shall have furnished cash or surety bond
in at least double the amount of the fine which may be assessedagainst such owner, lessee or borrower for such violation of this
section and conditioned upon the payment of any such fine and
costs assessed for such violation, or shall have been acquitted
of such charge. Such owner, lessee or borrower shall be liable
for any reasonable storage costs incurred in storing such
vehicles:
Provided,
That if the owner of such vehicle is a
resident of or has a principal place of business located in this
state, and said vehicle has been duly licensed in the state, then
said vehicle shall not be impounded but the arresting officer
shall deliver to the driver a written notice stating such
violation; the place, date and time; the license number of said
vehicle; the title number and name and address of the owner; the
driver's name, address, and the number of his or her operator's
or chauffeur's card or permit; and the court, place, date and
time for hearing, which shall be within five days of such
violation (Saturdays, Sundays, and holidays, excluded). A copy
of such notice shall within forty-eight hours be mailed to the
owner of said vehicle. Upon the failure by such owner or his,
her or its agent to appear at the designated place and time, or
upon failure to pay the fine and costs assessed for such
violation, unless such owner shall have been acquitted of such
charge, the court shall order a bond or the impounding of said
vehicle as provided in this section.
NOTE: The purpose of this bill is to authorize the
commissioner of the Division of Highways to increase weightlimits for single unit trucks transporting construction materials
short distances for public improvement projects. The bill also
establishes weight limits for such trucks. In addition, it
requires conformity with applicable federal laws and regulations.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
§17C-17-11c is new; therefore, strike-throughs and
underscoring have been omitted.