ENGROSSED
COMMITTEE SUBSTITUTE
FOR
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 343
(By Senators Wagner, Plymale and Felton)
_______
[Originating in the Committee on Finance;
reported April 1, 1993.]
_______
A BILL to amend chapter seventeen-c of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article seventeen-a,
relating to enacting the West Virginia natural resource haul
road system act; definitions; designation of highways and
tonnage by commissioner of highways; special permit
required; weight limitations; decal fees; applications;
dates of validity; coordination with federal law; required
stops and inspections; weighing of vehicles; conformity to
weight requirements; liability of owners; exceptions;
criminal penalties; impounding vehicles; storage costs;
notice of hearing; cooperative agreements between department
of highways and transporters of natural resources; reduction
of load and speed limits; concurrent jurisdiction of
magistrates; promulgation of rules; and liability of
shippers, purchasers or cosignees.
Be it enacted by the Legislature of West Virginia:
That chapter seventeen-c of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article seventeen-a, to
read as follows:
ARTICLE 17A. EXTENDED WEIGHT NATURAL RESOURCE HAUL ROAD SYSTEM.
§17C-17A-1. Short title.
This article shall be known and may be cited as the "West
Virginia Natural Resource Haul Road System Act".
§17C-17A-2. Definitions.
For purposes of this article, the following definitions
shall apply:
(a) "Natural resources" means water, dirt, sand, gravel,
stone, coal, oil, natural gas, timber, salt, crops or any other
mineral or material directly obtained, mined, cut or otherwise
derived from the land and transported in its natural form.
(b) "Natural resources products" or "natural resources
by-products" means materials derived from a natural resource
without substantial refinement, including, but not limited to,
ready-mixed concrete, asphalt, block, coke, ash, stone and
limestone aggregates.
(c) The "natural resource haul road system" means any public
highway, as defined in section two, article one, chapter twenty-
four-a of this code, in this state over which quantities of
natural resources or natural resource byproducts were transported
or will be transported pursuant to the provisions of thisarticle.
§17C-17A-3. Designation of highways and tonnage.
(a) The commissioner of highways shall on or before the
first day of December of each year, certify such public highways,
or portions thereof, which, pursuant to sound engineering
principles can withstand extended weights, as a part of the
natural resource haul road system.
(b) As soon as practical after the certification required by
this section is prepared and published for any calendar year, the
commissioner of highways shall add to or delete from the extended
weight natural resource haul road system the public highways or
portions thereof as designated in such certification.
§17C-17A-4. Special permit required for vehicles registered for
use on natural resource haul road system; weight
limitations; payment of decal fees; applications and decals;
valid dates.
(a) The owner of any vehicle registered with a declared
gross weight of up to eighty thousand pounds and operated for the
purpose of transporting natural resources or natural resource
byproducts over public highways which are part of the extended
weight natural resource haul road system or portions thereof
shall apply for and, upon payment of the required fee, receive
from the division of motor vehicles a special natural resource
haul road system permit. Application for special permits shall
be made on forms prescribed and furnished by the division of
highways.
(b) All vehicles for which a special natural resource haul
road permit is issued may be operated at the weights as set forthherein in excess of the maximum gross weight prescribed in
section nine, article seventeen, chapter seventeen-c of this code
and any other maximum weight limitations on any public highway:
Provided, That vehicles are designed to haul the excess of the
maximum gross weight described in this subsection.
(c) Special permits shall be issued by the division of motor
vehicles as follows:
(1) A single unit truck having one steering axle and two
axles in tandem shall be limited to a maximum gross weight of
eighty thousand pounds with a tolerance of five percent by
payment of a special permit fee annually of fifteen dollars for
each thousand pounds of registered weight over fifty-five
thousand pounds.
(2) A single unit truck having one steering axle and three
axles in tridem arrangement shall be limited to a maximum gross
weight of ninety thousand pounds with a tolerance of five percent
by payment of a special permit fee annually of twenty dollars for
each thousand pounds of registered weight over sixty-three
thousand pounds.
(3) A tractor-semitrailer combination with five axles shall
be limited to a maximum gross weight of one hundred thousand
pounds with a tolerance of five percent by payment of a special
permit fee annually of twenty-five dollars for each thousand
pounds of registered weight over eighty thousand pounds.
(4) A tractor-semitrailer combination with six or more axles
shall be limited to a maximum gross weight of one hundred twenty
thousand pounds with a tolerance of five percent by payment of a
special permit fee annually of thirty dollars for each thousandpounds of registered weight over eighty thousand pounds.
(d) Special permits issued pursuant to this section shall be
permanently affixed immediately below the window glass on the top
of the door on the driver's side of the vehicle. The special
permit shall be issued to a particular vehicle and shall remain
with the vehicle upon transfer of possession or ownership of such
vehicle.
(e) Special permits issued pursuant to this section shall be
valid from the date of purchase until the thirtieth day of June
of the year for which the permit is issued: Provided, That the
special permit fee shall be prorated, if necessary, pursuant to
rules promulgated by the commissioner of motor vehicles.
(f) Lost, destroyed, stolen or otherwise unusable special
permits shall be replaced in accordance with rules promulgated by
the commissioner of motor vehicles.
(g) The payment of the special permit decal fee required by
this section shall be in addition to any state registration fee,
user fee or other decal fee required by law. All fees received
pursuant to this section shall be deposited in a special fund
within the state road fund, designated the natural resource haul
road system maintenance fund, which shall be expended solely for
purposes of repair, maintenance and improvement of public
highways contained in the natural resource haul road system.
§17C-17A-5. Coordination with federal laws.
For purposes of this article, the dimensional requirements
of motor vehicles shall conform to all applicable federal laws
and regulations. Nothing in this article shall be construed or
administered so as to jeopardize the receipt of federal funds forhighway purposes. In no event may this article 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-17A-6. Required stops and inspections; weighing of
vehicles; conformity to weight requirements; liability of
owners; exceptions; penalty.
(a) Any law-enforcement officer of this state or employee of
the department of highways designated by the commissioner of
highways as a member of an official weighing crew may require the
driver of any vehicle operated with a special permit issued
pursuant to the provisions of this article to stop and submit
such vehicle or combination of vehicles to a weighing with
portable or stationary weighing devices in order to determine
whether such vehicle or combination of vehicles is in violation
of any of the provisions of this article, and may require that
such vehicle or combination of vehicles be driven to the nearest
weighing device, but only if such weighing device is within two
miles of the place where the vehicle or combination of vehicles
was required to stop.
(b) A law-enforcement officer or member of an official
weighing crew may not stop a vehicle or combination of vehicles
for weighing unless a portable or stationary weighing device is
actually present at the location where the vehicle or combination
of vehicles is stopped or unless the vehicle or combination of
vehicles is escorted immediately after being stopped to a
portable or stationary weighing device. In no case may a vehicle
or combination or vehicles be detained more than one hour fromthe time the same is stopped for weighing unless the vehicle or
combination of vehicles is impounded for a violation of the
provisions of section seven of this article.
(c) Whenever a law-enforcement officer or a member of an
official weighing crew determines that a vehicle or combination
of vehicles is in violation of any of the provisions of this
article, he may require the driver to stop such vehicle or
combination of vehicles in a suitable place and to remain
standing until such vehicle or combination of vehicles is brought
into conformity with the provisions violated.
(d) In the case of a weight violation, all material unloaded
shall be cared for by the owner, lessee or borrower of such
vehicle or combination of vehicles at the risk of such owner,
lessee or borrower: Provided, That no criminal charges shall be
preferred against any driver, operator or owner of a vehicle when
a rearrangement of the load upon the vehicle, without removal
therefrom, reduces the axle loads of such vehicle to a limit
permitted under this article.
(e) Any driver of a vehicle or combination of vehicles who
fails or refuses to comply with any requirement or provision of
this section shall be guilty of a misdemeanor.
§17C-17A-7. Penalties for violation of weight laws; impounding
vehicles; fines and bond requirements; liability for storage
costs; exceptions to impoundment; notice of hearing.
(a) 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 this article shall be guiltyof a misdemeanor, and, upon conviction thereof, shall be punished
by a fine scheduled in proportion to the amount of pounds in
excess of the allowed, registered or permitted weight plus a
tolerance of five percent of the registered or permitted weight,
in accordance with the schedule in words and figures as follows:
Pounds in excess of registered or permitted weight, or in
excess of allowable weights for single axle, or in excess of
allowable weights for groups of two or more consecutive axles
plus a tolerance of five percent of the registered or permitted
weight.
AmountAmount
ofof
WeightFine
1to 2,000$50.00
2,001 to 4,000$ 200.00
4,001 to 5,000$ 300.00
5,001 to 10,000$ 800.00
10,001 to 15,000$ 1,300.00
15,001 to 20,000$ 1,800.00
20,001 to 25,000$ 2,300.00
25,001 to 30,000$ 2,800.00
30,001 to 35,000$ 3,500.00
35,001 to 40,000$ 4,000.00
40,001 to 45,000$ 4,500.00
45,001 to 50,000$ 5,000.00
50,001 to 70,000$ 7,500.00
70,001 and over$10,000.00
(b) In the event any owner, lessee or borrower of a vehicleis charged with violating this article, the vehicle which is
alleged to be overloaded shall be impounded by the arresting
officer and shall not be released to the owner, lessee or
borrower unless and until the owner, lessee or borrower: (1) Is
found guilty and paid any fine assessed; (2) has furnished cash
or surety bond in at least double the amount of the fine which
may be assessed for the alleged violation, conditioned upon the
payment of any fine and costs assessed for such violation; or (3)
is acquitted of the charge. Such owner, lessee or borrower shall
be liable for any reasonable storage costs incurred in storing
such vehicles.
(c) If the owner of a vehicle charged with violating this
article 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: Provided,
That 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 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
or her 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 asprovided in this section.
§17C-17A-8. Covers on vehicles required.
Any vehicle or combination of vehicles transporting any load
of natural resources or natural resource byproducts pursuant to
the provisions of this article shall be securely fastened and
covered in the discretion of the commissioner and as appropriate
to prevent the dropping, sifting, leaking or otherwise escaping
of the load on any trip exceeding a total distance of ten miles
on any public highway.
§17C-17A-9. Cooperative agreements between department of
highways and transporters of natural resources.
(a) Pursuant to rules promulgated by the commissioner of
highways, the commissioner may enter into cooperative agreements
with any person engaged in the mining, processing, transporting
or sale of natural resources or natural resources byproducts
providing for the transportation of natural resources or natural
resources byproducts in vehicles registered pursuant to this
article. Such rules shall set forth criteria for the
determination and apportionment of the incremental costs for
design, maintenance, construction or reconstruction of roads and
bridges resulting from the transportation of natural resources or
natural resources byproducts by trucks registered pursuant to
this article and covered by the cooperative agreement: Provided,
That such cooperative agreements shall not apply to the design,
maintenance, construction or reconstruction of roads and bridges
which are part of the federal interstate highway system.
(b) For purposes of this section, "incremental costs" means
those costs which exceed usual and regular costs incurred as aresult of vehicular traffic operating at or below the maximum
weight limits.
(c) Nothing contained herein shall affect the continuing
validity of any existing agreement.
(d) Notwithstanding any provision of this article, the state
shall not be relieved of expending its normal routine maintenance
on all roads covered by the cooperative agreements.
(e) The provisions of this article shall not be construed to
permit any other person or entity to design, maintain, construct
or reconstruct any road or highway other than the state of West
Virginia division of highways, nor shall liability for damages
arising out of such design, maintenance, construction or
reconstruction be imputed to any other party as a result of a
cooperative agreement.
§17C-17A-10. Reduction of load and speed limits.
(a) The commissioner of highways may prescribe load and
speed limits for state and federal highways which may be lower
than the limits otherwise prescribed in this code whenever, in
his judgment, any highway may, by reason of its design,
deterioration, rain or other natural causes, be damaged or
destroyed by motor trucks or semitrailer trucks, if their gross
weight or speed exceeds certain limits. The commissioner may
regulate or prohibit the operation of motor trucks or semitrailer
trucks on state highways or county roads for limited periods of
specified days, or parts of days, if their loads or speeds exceed
those limits, whenever, in his or her judgment, such regulation
or prohibition is necessary, by reason of traffic density or
intensive use by the traveling public, to provide for the publicsafety and convenience on the highway.
(b) The commissioner may prescribe gross weight limits for
bridges on the extended weight natural resource haul system which
may be lower than the limits prescribed herein when in his
judgment pursuant to sound engineering principles any bridge on
the extended weight natural resource haul road system may, by
reason of its design or deterioration, be damaged or destroyed to
the point of catastrophic failure by use by motor vehicles with
gross weights exceeding certain limits.
(c) Notice of the load, speed and gross weight limits
prescribed by the commissioner of highways pursuant to this
article shall be posted at conspicuous places at the termini of
and at all intermediate crossroads and at all road junctions with
the section of the highway to which the notice applies. After
such notice has been posted, no person may operate any motor
truck or semitrailer truck contrary to its provisions.
§17C-17A-11. Concurrent jurisdiction of magistrates.
Magistrates have concurrent jurisdiction with the circuit
courts to hear, try and determine actions commenced under this
article.
§17C-17A-12. Commissioners to promulgate rules.
The commissioner of highways and the commissioner of motor
vehicles shall promulgate rules in accordance with the provisions
of chapter twenty-nine-a of this code regarding the
implementation of the requirements of this section article.
§17C-17A-13. Liability of shippers, purchasers or cosignees.
(a) No shipper of any product transported under the
provisions of a special permit issued under this article shallwillfully cause or knowingly permit any vehicle to move on the
public highways in violation of the weight provisions of this
section, nor shall any receiver, purchaser or cosignee of any
product transported over the public highways under the provisions
of this section knowingly accept any load which is in excess of
the permitted weight limits set forth in this section or pay the
shipper or hauler for any product in excess of the permitted
weight limit.
(b) Any person found to be in violation of this section
shall be subject to the penalties provided in section seven of
this article: Provided, That any fine or penalty imposed
pursuant to this section shall not be in addition to any penalty
assessed against any owner, lessee or borrower of a vehicle
pursuant to section fourteen of this article.
(c) The commissioner of motor vehicles shall promulgate
rules and regulations in accordance with the provisions of
chapter twenty-nine-a of this code to implement the requirements
of this section, including, but not limited to, rules regarding
the time, method and procedures for inspections required by this.