Senate Bill No. 436
(By Senator Withers)
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[Introduced March 22, 1993; referred to the Committee
on Transportation.]
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A BILL to amend and reenact section nine, 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 feeder and
local service roads; requiring a permit for certain
overweight vehicles; providing a penalty for violation of
the permit requirement; giving the commissioner of highways
discretion in issuing permits; and providing for a bond for
permittees.
Be it enacted by the Legislature of West Virginia:
That section nine, 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 imposed upon the highway through any
tandem-axle as set forth in section eight-a 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 axles6axles
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, one
thousand 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 Congressshall be permitted on the national system of interstate and
defense highways.
(c) It is unlawful for any owner, lessee or borrower of a
vehicle to operate on feeder roads and state local service roads
as defined and classified in section one, article four, chapter
seventeen of this code, any vehicle with a gross weight in excess
of thirty thousand pounds without a special permit issued by the
commissioner of highways.
Any person who operates a vehicle with a gross weight in
excess of thirty thousand pounds on any feeder road or a state
local service road without a special permit is guilty of a
misdemeanor, and, upon conviction thereof, shall be fined one
thousand dollars plus one hundred dollars for every one thousand
pounds in excess of thirty thousand pounds or imprisoned in the
county jail not more than six months, or both fined and
imprisoned.
§17C-17-11c. Weight limit permits.
The commissioner of highways may in his or her discretion,
upon written application issue a special permit authorizing an
overweight vehicle to travel on a feeder road or a state local
service road: Provided, That the applicant posts a bond in the
amount prescribed by the state commissioner of highways. The
bond shall be forfeited if the commissioner of highways or his or
her designee determines that any road used by the special
permittee has been damaged by the permittee.
NOTE: The purpose of this bill is to establish a permit
system for overweight vehicles to use feeder and local service
roads. Any person violating the special permit requirement is
subject to a penalty. The Commissioner of Highways is given
discretion in issuing the special permits under the bill.
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.