H. B. 4646


(By Delegates D. Cook, Gallagher and Compton)
[Introduced March 1, 1994; referred to the
Committee on Roads and Transportation.]




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 imposing civil penalties for overweight motor vehicles on shippers and receivers who do not maintain legal weight standards as ascertained by relevant evidence; setting a schedule for fines and certain costs; defining terms, court jurisdiction, trial venue and disposition of civil penalties; and imposing criminal penalties for falsifying or failing to keep, maintain or open to inspection specified enforcement 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:
ARTICLE 17A. CIVIL PENALTIES ON OVERWEIGHT VEHICLES.

§ 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 code, 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 of this code, 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 weight for two or more consecutive axles, or in excess of the allowable weight for the vehicle.
Amount of Fine
0 to 2,000$ 50.00
2,001 to 4,000$ 200.00
4,001 to 6,000$ 400.00
6,001 to 8,000$ 600.00
8,001 to 10,000$ 800.00
For loads more than ten thousand pounds overweight, the fine shall be ten cents per pound overweight for the first fifty thousand pounds and twenty cents per pound overweight for each pound thereafter.
(b) No receiver of any goods and materials may accept, receive or pay for any load from a vehicle or pay the shipper or hauler for any goods or materials in excess of the permitted weight limits set forth in this code.
§ 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, by the attorney general of the state on behalf of such person or agency, or by any citizen or any collection of citizens whose property or health has been negatively affected by the actions of an overweight vehicle.
 § 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. Securing of loads; penalty and fine.
(a) Any vehicle or combination of vehicles transporting any loads of goods and materials shall be securely fastened or covered to prevent the dropping, sifting, leaking or otherwise escaping of the load of any trip exceeding a total distance of five miles on any public highway or combination of public highways.
(b) Any owner, lessee or borrower of a vehicle or combination of vehicles found to be in violation of this section is guilty of a misdemeanor, and, upon conviction thereof, shall be fined one thousand dollars.
§ 17C-17A-9. Records of receivers; relevant evidence; inspection of records; violations; penalties.

(a) Every shipper of goods and materials, on the basis of gross weight limits, shall keep a written record of relevant evidence of the origin in the state, 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 method of identifying the means by which the shipment was transported. All records shall be retained for one hundred eighty days after the date of weighing.

(b) All records of relevant evidence shall, at reasonable hours of business, be open to inspection and copying to any agency authorized to inspect such records, to any police officer and to any person or agency empowered to bring an action pursuant to section four of this article. A search warrant is not required to inspect or copy these records.
(c) Any person who fails to keep, maintain or open for inspection and copying, the documents and records required by this section is guilty of a misdemeanor, and, upon conviction thereof, shall be fined one thousand dollars for the first offense and five thousand dollars for each offense thereafter, or imprisoned in the county jail or regional jail for a period not to exceed one year, or both fined and imprisoned.
(d) Any person who willfully and knowingly fails to accurately record the information required by the provisions of this section is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than one thousand dollars for the first offense and five thousand dollars for each offense thereafter, or imprisoned in the county or regional jail for a period not to exceed one year, or both fined and imprisoned.
 § 17C-17A-10. Rules.
The commissioner of the division of highways and the public service commissioner may promulgate rules to fulfill the duties set forth in this article.



NOTE: This bill provides for civil actions to be initiated against, and civil penalties imposed on, shippers or receivers who transport or accept overweight vehicles, meaning those vehicles having a gross weight limit above established legal limits. The bill also requires certain record keeping as relevant evidence of violations and imposes criminal penalties on record keepers who falsify or fail to keep, maintain or open for inspection any required records.

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