Senate Bill No. 529
(By Senator Dittmar)
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[Introduced March 22, 1993; referred to the Committee
on Transportation.]
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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 enacting the flagcar regulation act; short title; legislative findings; definitions; operational requirements; promulgation of rules; minimum safety standards; flagcar window decals; certification of flagcar drivers; enforcement; and criminal penalties.

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. FLAGCAR REGULATION.

§17C-17A-1. Short title.

This article may be referred to as "The Flagcar Regulation Act."

§17C-17A-2. Legislative findings.

The Legislature finds that there is a growing need for oversight of the operation of flagcars. The Legislature recognizes that flagcars are a necessary component of the service sector of the transportation industry for the movement of oversize loads. The Legislature further recognizes that the primary function of the flagcar is to act as a warning to approaching pedestrians and the operators of other vehicles of the presence of a vehicular traffic hazard requiring the exercise of unusual care in approaching, overtaking or passing; that the secondary function of the flagcar is to inform the oversize load driver by two way radio communication of situations which exist that may endanger the public, other drivers and motorists, or may damage the load and public or private property; and that the final function of the flagcar is to act as a traffic control by rerouting, stopping, or blocking traffic to ensure the safety of the public and commercial interest.

§17C-17A-3. Definitions.

The following words and phrases when used in this article shall have the meanings respectively ascribed to them as follows:
(a) "Cover lens" means a yellow or amber plastic, acrylic, or glass cover placed over a rotating light assembly.
(b) "Escort" means a motor vehicle which travels to the rear of an oversize load.
(c) "Flagcar" means a motor vehicle weighing not less than two thousand pounds which assists in the movement of overheightand oversize loads transported on public highways and includes escorts, pilotcars and polecars.
(d) "Overheight load" means a cargo transported on public roadways that exceeds the height restrictions contained in section four, article seventeen of this chapter.
(e) "Oversize load" is the general term applied to cargo, manufactured housing and modular or sectioned homes, when transported on public roadways, which exceeds either the height, length, weight and width restrictions contained in article seventeen of this chapter.
(f) "Pilot" or "pilotcar" means a motor vehicle which travels in front of an oversize load.
(g) "Pole" or "polecar" means a motor vehicle which travels in front of an overheight load and is equipped with a height detecting device.
(h) "Rotating light" means a rotating two or more sealed beam light assembly, a single light with a rotating multiple clear lens assembly, any electronic flashing light or strobe light.
(i) "Warning light" means a complete and functional assembly of a rotating light with a cover lens.

§17C-17A-4. Operational requirements.

(a) All flagcars operating within the state of West Virginia while taking part in an oversize movement shall have all exterior lamps lighted; shall have a warning light operating and lighted; shall have an oversize load sign displayed on both the front andrear of the vehicle; shall have two red or fluorescent orange flags displayed above the roof, and shall be in radio contact with the driver of the oversize load as well as all other flagcar operators in the movement.
(b) All flagcars must enter weight and inspection stations whenever taking part in movement of an oversize load.
(c) All polecars must be equipped with either a pole assembly or an electronic measuring device approved by the division of highways, which device or pole must be set so as to measure a distance of six inches above the loaded height of the overheight load at its highest point. Any oversize load that requires a polecar must have a minimum of one rear escort.

§17C-17A-5. Promulgation of rules.

(a) The commissioner of highways shall promulgate rules, prior to the first day of January, one thousand nine hundred ninety-four, in accordance with article three, chapter twenty- nine-a of this code, to effect the provisions of this article, and to establish minimum safety standards for the transportation of oversize loads upon the highways of this state and to require, inter alia, the following:
(1) The display by all flagcars of "oversize load" signs and the size, color and number of same.
(2) The display by all flagcars of warning lights and the size, color and number of same.
(3) The display by all flagcars of warning flags and the size, color and number of same.
(4) The display by all flagcars of signs containing the name, address and telephone number of the operator or owner of the flagcar and the manner of display of such signs.
(5) The operation by all flagcars of a functional citizens' band radio.
(b) The commissioner of highways shall develop and implement a system of window or door decals for display by flagcars. The decal shall authorize a flagcar to assist in the transport of oversize loads for a period not to exceed one year at a cost to be set by the commissioner. The decal system shall be implemented on or before the first day of January, one thousand nine hundred ninety-five and, when implemented, shall supersede the system of emergency vehicle permits.
(c) The commissioner of highways shall develop and implement a system for certification of flagcar drivers to become effective on the first day of January, one thousand nine hundred ninety- five, which system shall allow for certification without examination of any individual employed or self-employed as a flagcar driver prior to such date. The commissioner of highways may require sufficient evidence of eligibility for certification without examination, including presentation of valid driver's license, employment documentation and a relevant emergency vehicle permit.

§17C-17A-6. Enforcement of article.

The provisions of this article and the rules promulgated hereunder may be enforced by any weight enforcement officerdesignated by the commissioner of highways, any member of the department of public safety or any law enforcement officer employed by a municipality or county of this state.

§17C-17A-7. Penalties.

Any person who operates a flagcar or transports an oversize load in this state in violation of section four of this article or in violation of the rules promulgated pursuant to this article is guilty of a misdemeanor and is subject to a fine of not more than fifty dollars.

NOTE: The purpose of this bill is to establish flagcar regulation and the promulgation of rules and safety standards as well as certification of flagcar drivers and criminal penalties for violations of this article.

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