Senate Bill No. 283
(By Senator Plymale)
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[Introduced February 7, 1994; referred to the Committee
on Transportation; and then to the Committee on Finance.]
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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 the industrial transportation safety act; short
title; legislative findings; definitions; powers of
commissioner of highways; cooperative agreements; special
permit required for vehicles registered for use on system;
weight limits; applications and decal and fees; valid dates;
coordination with federal laws; required stops and
inspections; weighing of vehicles; conformity to weight
requirements; liability of owners; exceptions; civil and
criminal penalties; impounding vehicles; fines and bond
requirements; liability for storage costs; exceptions and
hearings; securing of loads; liability of receivers;
recording of permit numbers; inspection of records; records
of receivers; relevant evidence; concurrent jurisdiction of
magistrates; and application of federal laws and rules.
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. WEST VIRGINIA INDUSTRIAL TRANSPORTATION SAFETY ACT.
§17C-17A-1. Short title.
This article shall be known and may be cited as the "West
Virginia Industrial Transportation Safety Act".
§17C-17A-2. Legislative findings.
The Legislature finds that the transportation of goods and
materials compose an important segment of the state's economy.
The Legislature recognizes that current weight limits on the
state's public highways and bridges have been in existence for
some time and may not, in all instances, be appropriate in light
of improved motor vehicular engineering technology and highway
construction technology.
The Legislature further recognizes that, in some instances,
the existing weight limits are being exceeded by transporters.
The Legislature seeks to remedy the aforesaid situation by
authorizing the commissioner of the division of highways to
examine certain laws relating to the transportation of goods and
materials.
In recognizing these needs, the Legislature finds that the
safety of the public and the integrity of the state's highway
system must be balanced with the economic transportation of saidgoods and materials and the state's economy as a whole.
The Legislature finds that achieving this balance requires
permitting the commissioner of highways to modify weight limits,
up to a maximum weight limit of one hundred thousand pounds upon
designated highways and bridges.
The Legislature further finds that enforcement standards and
criteria and fines should be changed by statute; and that the
public service commission, in addition to the division of
highways, should be permitted to audit weight records.
The Legislature hereby concludes that it is in the public
interest to create a West Virginia industrial road system and
permit the commissioner of highways to determine what highways
and bridges can, within sound engineering principles, be included
in the system.
§17C-17A-3. Definitions.
For purposes of this article, the following definitions
apply:
(a) "Goods and materials" means water, dirt, sand, gravel,
stone, coal, oil, natural gas, timber, salt, crops, paper, steel
or any other mineral or material directly obtained, mined, cut or
otherwise derived from the land and transported in its natural
form; or 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 or other items specifically designated by the
commissioner of highways.
(b) "Receiver" means the person accepting the transported
goods and materials at the point of ultimate destination within
the state.
(c) "Relevant evidence" means any written or printed
document evidencing the receipt of goods and materials issued by
a shipper or receiver which states the gross weight for a vehicle
and load, the weight of an empty vehicle, or the weight of the
load, and which can be used to determine compliance or
noncompliance with the requirements of this article. Relevant
evidence includes, but is not limited to, weight tickets,
invoices, statements or other written or printed documents issued
upon receipt or delivery of goods and materials.
(d) "Shipper" means the person authorizing or consigning the
goods and materials of a person engaged in the business of
transporting goods and materials.
(e) The "West Virginia industrial road system" means all
public highways, or any portion thereof, or bridges in this
state, which have been designated by the commissioner of
highways, pursuant to the provisions of this article, to be in
the system.
§17C-17A-4. Powers of commissioner of highways.
To fulfill his or her duties under this article, the
commissioner of the division of highways has the following
additional powers:
(1) To designate certain public highways, or portions
thereof, and public bridges which, consistent with soundengineering principles, can withstand extended weight limits up
to one hundred thousand pounds, and to designate the highways and
bridges for inclusion in the West Virginia industrial road
system;
(2) To set fees for permits authorizing vehicles to operate
at increased weight limits on the highways and bridges included
in the system: Provided, That the maximum weight for a
particular vehicle depends on the axle configuration of each
vehicle;
(3) To coordinate safety and weight inspections and
enforcement, as set forth in sections eight through fourteen,
among the various state agencies relating to the transportation
of goods and materials;
(4) To make recommendations to the Legislature relating to
the transportation of goods and materials.
§17C-17A-5. Cooperative agreements.
The commissioner of highways may enter into cooperative
agreements to upgrade a public highway or bridge, or portion
thereof, with any interested person in order for the highway or
bridge to meet the standards for inclusion in the West Virginia
industrial road system. The commissioner of highways, by rules,
shall set forth criteria for the apportionment of the incremental
costs for design, maintenance, construction or reconstruction of
those highways and bridges resulting from the transportation of
goods and materials by vehicles registered pursuant to this
article and covered by the cooperative agreement: Provided, Thatsuch cooperative agreements do not apply to the design,
maintenance, construction or reconstruction of highways and
bridges which are part of the federal interstate highway system.
For purposes of this section, "incremental costs" means
those costs which exceed usual and regular costs incurred as a
result of vehicle traffic operating at or below the maximum
weight limits set by article seventeen of this chapter.
Nothing contained herein affects the continuing validity of
any existing agreement.
Nothwithstanding any provision of this article, the state is
not relieved of expending its normal routine maintenance on all
roads covered by the cooperative agreements.
The provisions of this article do not permit any other
person or entity to design, maintain, construct or reconstruct
any road or highway other than the state division of highways,
nor is liability for damages arising out of such design,
maintenance, construction or reconstruction implied upon any
other party as a result of a cooperative agreement.
§17C-17A-6. Special permit required for vehicles registered for
use on system; weight limitations; payment of decal fee;
applications and decals; valid dates.
(a) The owner of any vehicle, desiring to transport goods
and materials over public highways or bridges which have been
designated as part of the West Virginia industrial road system,
shall apply for and, upon payment of the required fee, as
determined by the commissioner of highways, receive, from thedivision of motor vehicles, a special permit.
(b) All vehicles, for which a special permit is issued, may
be operated in accordance with the weights designated by the
commissioner of highways, in excess of the maximum gross weight
prescribed in article seventeen of this chapter, and any other
maximum weight limitations on any public highway or bridge.
(c) The special permits shall be issued by the division of
motor vehicles.
(d) The special permits issued 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 shall be valid for a period of one year
form the date of purchase.
(f) Lost, destroyed, stolen or otherwise unusable special
permits shall be replaced in accordance with rules to be
promulgated by the commissioner of motor vehicles.
(g) The payment of the special permit fee shall be in
addition to any state registration fee, user fee or other decal
fee required by law.
§17C-17A-7. 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 may 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-8. Required stops and inspections; weighing of
vehicles; conformity to weight requirements; liability of
owners; exceptions; penalty.
(a) Any police officer or employee of the division 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 is stopped.
(b) A police 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, and at the time, 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 casemay a vehicle or combination of vehicles be detained more than
one hour from the time the same is stopped for weighing, unless
the vehicle or combination of vehicles is impounded for a
violation in accordance with the provisions of section nine of
this article.
(c) Whenever an officer or member of an official weighing
team determines that a vehicle or combination of vehicles is in
violation of any of the provisions of this article, he or she may
require the driver to stop such vehicle or combination of
vehicles in a suitable place and to remain standing until such
vehicles or combination of vehicles is brought into conformity
with the provisions violated.
(d) In the case of a weight violation, all goods and
materials unloaded shall be cared for by the owner, lessee or
borrower of such vehicle or combination of vehicles at the risk
of such owner, lessees or borrower: Provided, That no criminal
charges may 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 such limit as is 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, is guilty of a misdemeanor, and, upon conviction
thereof, shall be fined one thousand dollars.
§17C-17A-9. Penalties for violation of weight laws; impounding
vehicles; fines and bond requirements; liability for storage
costs; exceptions to impoundment; notice of hearing;
additional fines.
(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 and the
special permit on the vehicle is guilty of 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 weight 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.
AMOUNT OF FINE
1 to 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 vehicle
is charged with violating the weight limits set by the
commissioner of highways or violating this article, the vehicle,
which is charged to be overloaded, shall be impounded by the
arresting officer and shall not be released to such owner, lessee
or borrower, unless and until, such owner, lessee or borrower
either has been found guilty and paid any fine assessed against
such owner, lessee or borrower, or has furnished cash or surety
bond in at least double the amount which may be assessed against
such owner, lessee or borrower for such violation of this section
and conditioned upon payment of any such fine and costs assessed
for such violation, or has been acquitted of the charge. The
owner, lessee or borrower is liable for any reasonable storage
costs incurred in storing such vehicle.
(c) If the owner of a vehicle charged with violating this
article is a resident of or has principal place of business
located in this state, and the vehicle has been duly licensed in
the state, then the 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 or her operator's or commercial driver's license 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 the notice shall be mailed
within forty-eight hours to the owner of the 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 has been
acquitted of such charge, the court shall order a bond or the
impounding of the vehicle as provided in this section.
(d) If any owner, lessee or borrower of a vehicle is charged
with a violation of the weight requirements set forth by this
article and has not been issued the special permit required by
this article, each such owner, lessee or borrower shall be fined
in an amount equal to the cost of such permit as applicable to
the vehicle cited, which such fine shall be in addition to any
other civil penalty or criminal fine assessed, pursuant to this
article.
§17C-17A-10. Securing of loads; penalty and fine.
(a) Any vehicle or combination of vehicles transporting any
load of goods and materials, pursuant to the provisions of this
article, 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 publichighway.
(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-11. Liability of receivers; recording of permit
numbers; civil penalties; inspection of records.
(a) No receiver of any goods and materials transported
pursuant to the provisions of a special permit issued under this
article may accept, receive or pay for any load from a vehicle
which has not been issued a special permit as required by this
article, or from any vehicle which is in excess of the permitted
weight limits set forth in this article, or pay the shipper or
hauler for any goods and materials in excess of the permitted
weight limit.
(b) All receivers of goods and materials, transported
pursuant to the provisions of this article, shall record the
special permit number of all vehicles transporting such goods and
materials on the weight tickets, invoices, statements or other
such document evidencing receipt of such goods and materials and
shall sign his or her name on the document evidencing compliance
with this article. The receiver, by an owner or corporate
officer, shall certify, under oath, on a quarterly basis and
forward to the secretary of the public service commission that
all goods and materials received have complied with the weight
limits of this article or article seventeen of this chapter,whichever is applicable. The certification shall be reviewed and
enforcement action take by the public service commission,
pursuant to the rules and regulations promulgated by the public
service commission.
(c) A receiver found to be in violation of this section is
liable for a civil penalty according to the schedule set forth
below: Provided, That if the receiver was fined pursuant to
section twelve of this article, the total of the fine and civil
penalty shall not exceed the maximum permitted under this
section: Provided, however, That the failure to certify and file
the certification or false swearing shall be punished as set
forth in subsection (c), section twelve of this article.
Pounds in excess of registered weight, or in excess of
allowable weight for single axle, or in excess of allowable
weight for groups of two or more consecutive axles:
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
(d) All producers and shippers of goods and materials and
all receivers, purchasers or consignees of such goods andmaterials shall make available for inspection by the commissioner
of highways or a designee, or by the public service commissioner
or its designee, all records, files, bills of lading or other
such documents as the commissioner of highways or the public
service commissioner deems necessary to effect the provisions of
this section.
§17C-17A-12. Records of receivers; relevant evidence; inspection
of records; violations; penalties.
(a) Every shipper or receiver 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, the registration number of
the vehicle or power unit, or some other means of identification
of the means by which the product was transported: Provided,
That if scales are not available at points of origin in the
state, the loads must be weighed at point of receipt. 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.
(c) Any person who fails to keep, maintain or open for
inspection and copying, the documents or records required by this
section, is guilty of a misdemeanor, and, upon convictionthereof, shall be fined one thousand dollars for the first
offense and one 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.
(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 then five hundred dollars for
each offense, or imprisoned in the county or regional jail for a
period not to exceed one year, or both fined and imprisoned.
§17C-17A-13. Concurrent jurisdiction of magistrates.
Magistrates have concurrent jurisdiction with the circuit
courts for all civil and criminal violations of this article.
§17C-17A-14. Application of federal law.
All regulations, established by the United States department
of transportation, motor carrier safety division, apply to
vehicles which are operated pursuant to the provisions of this
article.
§17C-17A-15. Rules.
The commissioner of the division of highways and the public
service commissioner may promulgate rules to fulfill the duties
set forth herein.
NOTE: The purpose of this bill is to establish a system to
allow permitted vehicles with a weight of 100,000 pounds upon
designated highways and bridges.
This article is new; therefore, strike-throughs andunderscoring have been omitted.