Senate Bill No. 409

(By Senator Claypole)

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[Introduced March 19, 1993; referred to the Committee
on Transportation; and then to the Committee on the Judiciary.]

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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 providing for civil penalties for overweight and oversized motor vehicles; civil penalties for shippers and receivers who do not maintain legal weight standards through relevant evidence; making legislative findings; defining certain terms; specifying court jurisdiction, trial venue and disposition of civil penalties; providing for fines and payment of certain costs; requiring records to be kept; and criminal penalties for failure to keep certain records.

 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:
§17C-17A-1. Definitions.

(a) "Document" means a bill of lading, freight bill, weight certification, or other similar document used or intended to record the weight of a vehicle or combination of vehicles.
(b) "Owner" means any person who owns, or leases, a vehicle operating in excess of the legal gross weight limit.
(c) "Receiver" means the person consigning the goods received or a person engaged in the business of accepting transported or forwarded goods.
(d) "Relevant evidence" means a document evidencing the receipt of goods issued by the shipper or receiver which states a gross weight for the vehicle and load, or the weight of the load when combined with the empty weight of the vehicle that is in excess of the prescribed maximum weight limitation permitted by article seventeen of chapter seventeen-c of this code, is relevant evidence that the weight of the vehicle and load is unlawful. For the purposes of this article, a document required to be kept under section ten of this article indicating a unit of measure that, when converted to weight and combined with the weight of the empty vehicle, indicates a gross weight in excess of the prescribed maximum weight limitation permitted by article seventeen of chapter seventeen-c of this chapter, is relevant evidence that the weight of the vehicle and load is unlawful. The foregoing provisions shall not be construed to limit the introduction of other competent evidence bearing upon the question of whether or not there is a violation of the maximum weight limitations permitted by this chapter.
(e) "Shipper" means the person consigning the goods for shipment of a person engaged in the business of transporting or forwarding goods.
(f) "Vehicle" means, in addition to any meaning assigned to section one, article one, chapter seventeen-a of this code, any vehicle or combination of vehicles that moves as a single unit.
§17C-17A-2. Civil penalty for overweight vehicles.
The owner or lessee of a vehicle that is operated with a gross weight in excess of that permitted by section nine, article seventeen, chapter seventeen-c of this code, or a shipper who ships or tenders goods for shipment in a single vehicle that exceeds a weight limit imposed pursuant to section nine, article seventeen, chapter seventeen-c, or a receiver who accepts or tends goods received from shipment in a single vehicle that exceeds a weight limit imposed pursuant to section nine, article seventeen, chapter seventeen-c of this code, is liable for a civil penalty according to the following schedule:
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
0 to 2,000$ 50.00
2,001 to 3,000$ 100.00
3,001 to 4,000$ 200.00
4,001 to 5,000$ 300.00
5,001 to 6,000$ 400.00
6,001 to 7,000$ 500.00
7,001 to 8,000$ 600.00
8,001 to 9,000$ 700.00
9,001 to 10,000$ 800.00
10,001 to 11,000$ 900.00
11,001 to 12,000$ 1,000.00
12,001 to 13,000$ 1,100.00
13,001 to 14,000$ 1,200.00
14,001 to 15,000$ 1,300.00
15,001 to 16,000$ 1,400.00
16,001 to 17,000$ 1,500.00
17,001 to 18,000$ 1,600.00
18,001 to 19,000$ 1,700.00
19,001 to 20,000$ 1,800.00
20,001 to 21,000$ 1,900.00
21,001 to 22,000$ 2,000.00
22,001 to 23,000$ 2,100.00
23,001 to 24,000$ 2,200.00
24,001 to 25,000$ 2,300.00
25,001 to 26,000$ 2,400.00
26,001 to 27,000$ 2,500.00
27,001 to 28,000$ 2,600.00
28,001 to 29,000$ 2,700.00
29,001 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
over 70,000$ 10,000.00
§17C-17A-3. Concurrent jurisdiction of magistrates.

Magistrates have concurrent jurisdiction with the circuit courts to hear, try and determine actions commended under this article.
§17C-17A-4. Persons eligible to bring an action.
An action under this article may be brought by any person or agency who may bring an action under section thirteen, article seventeen, chapter seventeen-c of this code, or by the attorney general of the state on behalf of such person or agency.
§17C-17A-5. Venue.
Actions under this article may be commenced in any county of the state in which the vehicle was loaded, unloaded or operated in violation of article seventeen of this chapter unless there is agreement that the action may be tried in another county.
§17C-17A-6. Disposition of civil penalties.
Any penalty imposed and fines assessed pursuant to this article shall be paid by the defendant to the state of West Virginia road fund and shall be available for appropriation therefrom: Provided, That any fines assessed in an action brought by a person or agency other than the state of West Virginia shall be paid to the general revenues of such agency.
§17C-17A-7. Fines to be in addition to other penalties.
Any penalty imposed and fines assessed pursuant to this article are in addition to any damages recovered pursuant to section thirteen, article seventeen, chapter seventeen-c of this code. Nothing in this section shall be construed to limit in any way any penalty or action pursuant to any section of this code, unless such limitation is specified herein.
§17C-17A-8. Record keeping; misdemeanor penalties for failure to retain.

(a) A person who weights goods before or after unloading or a person who loads or unloads goods, otherwise known as the shipper or receiver, on the basis of gross weight limits shall keep a written record of relevant evidence of the origin, weight and composition of each shipment, the date of the loading, unloading or receipt, the name and address of the shipper and receiver, the total number of axles on the vehicle, and the registration number of the power unit or some other means of identification by which the shipment was transported. The record shall be retained for thirty days after the date of such weighing.
(b) The record of relevant evidence shall, at reasonable hours of business, be open to inspection and copying to any person or agency empowered to bring an action pursuant to section five of this article, or to any person authorized to inspect the records. A search warrant is not required to inspect or copy these records.
(c) Any person who fails to keep, maintain, or open forinspection and copying, these documents of relevant evidence as required in subsections (a) and (b) is guilty of a misdemeanor, and, upon conviction thereof, shall be fined five hundred dollars for the first offense and five thousand dollars for each offense thereafter, or imprisoned in the county jail not more than one year, or both fined and imprisoned. Any person who willfully and knowingly fails to accurately record the information required to be contained within those said documents of relevant evidence by subsection (a) is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five hundred dollars for the first offense and five thousand dollars for each offense thereafter, or imprisoned in the county jail not more than one year, or both fined and imprisoned.



NOTE: This bill provides for the assessment of civil penalties for overweight vehicles in addition to the usual criminal penalties. This bill also establishes a procedure for bringing a civil action, requires record keeping of relevant evidence and makes failure to do so a misdemeanor. This bill provides for the assessment of civil penalties for shippers or receivers who transport or accept vehicles which have a gross weight limit above the legal limit.

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