ENGROSSED
Senate Bill No. 518
(By Senators Plymale, Wagner, Dittmar and Yoder)
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[Originating in the Committee on Transportation;
reported February 25, 1994.]
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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 West Virginia transportation safety act;
legislative findings; definitions; creating the West
Virginia transportation safety council; creation of policy;
powers and duties of the council; reporting to the
Legislature; and termination of council.
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 TRANSPORTATION SAFETY ACT.
§17C-17A-1. Short title.
This article shall be known and may be cited as the "West
Virginia Transportation Safety Act".
§17C-17A-2. Legislative findings.
The Legislature finds that the transportation of goods and
materials composes an important segment of the state's economy.
Laws relating to transportation have been in existence for some
time and may not, in all instances, be appropriate in light of
improved engineering technology and construction technology. In
some instances, the existing weight limits are being exceeded by
transporters of goods and materials. An independent body is
needed to examine all laws relating to the transportation of
goods and materials and the enforcement of these laws.
The Legislature hereby declares that the safety of the
public and the integrity of the state's highway system must be
balanced with the economic transportation of said goods and
materials and the state's economy as a whole and that the state
needs to adopt an overall transportation policy reflecting a
balance of these interests. To achieve this balance, an
independent council comprised of members who can make findings
and conclusions of a technical nature relating to highway
engineering, motor vehicle engineering, highway safety and the
costs of transporting goods and materials and costs of
maintaining highways is hereby created. This council is
empowered with the appropriate authority to examine matters
relating to the transportation of goods and materials and
transportation laws, and recommend appropriate changes to
existing laws.
§17C-17A-3. Definitions.
For purposes of this article, the following definitions
apply:
(a) "Council" means the West Virginia transportation safetycouncil.
(b) "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 safety
council.
§17C-17A-4. West Virginia transportation safety council.
(a) There is hereby created a "West Virginia Transportation
Safety Council" composed as follows: The commissioner of the
division of highways, who shall be the chairperson of the
council; the chief engineer of development for the division of
highways; the superintendent of the division of public safety;
the director of the division of transportation of the public
service commission; the director of the West Virginia economic
council; the chairperson of the West Virginia House of Delegates
committee on roads and transportation; and then chairperson of
the West Virginia Senate committee on transportation. These
seven persons shall be known as the governmental appointees.
The nine nongovernmental persons shall be appointed by the
governor on or before the first day of July, one thousand nine
hundred ninety-four, and shall have the following qualifications:
(1) One shall be an engineer from the private sector;
(2) Two shall have experience in the transportation
industry, with one having expertise in the manufacturing oftraditional haulage equipment and one from a Class I railroad;
(3) Two shall have managerial and transportation experience
in the natural resources industry, one of whom shall come from
the timber industry;
(4) One from the trucking industry;
(5) One from the state's largest motor advocacy group;
(6) One from the insurance industry; and
(7) One from the West Virginia research league.
(b) The council shall hold meetings at the direction of the
chairperson. The chairperson shall call a meeting whenever three
members request the chairperson to do so. The exact date and
time of each meeting shall be determined by the chairperson.
A majority of the members shall constitute a quorum for the
conduct of council business. All issues shall be resolved by a
majority of those present at the meeting.
§17C-17A-5. Duties of council.
(a) The council is authorized to study and make
recommendations to the Legislature, examine issues relating to
transportation of goods and materials and create and adopt a
policy relating to such transportation.
Prior to recommending any policy, the council shall hold
public hearings in order to elicit public participation and
comment on the formation of the policy. The council shall give
notice by publication of the date, time and place of all
meetings, pursuant to the open meeting law.
(b) The council shall consider weight limits, fees schedules
and other criteria for classifying highways and bridges.
The policy shall be based upon relevant facts relating to: (1) Public safety; (2) the costs to maintain the integrity of the
state's highway system; (3) the economic costs involved in
transportation of goods and materials and the state's economy;
and (4) additional considerations reasonably associated with the
transportation of goods and materials along the state's highway
system.
The policy shall also provide that highways and bridges may
be upgraded and that certain upgrading costs may be shared by the
state and private entities by entering into cooperative
agreements.
(c) The council shall adopt the policy required by this
article no later than the first day of December, one thousand
nine hundred ninety-four.
§17C-17A-6. Powers of council.
To fulfill its duties under this article, the council has
the following powers:
(a) To gather information and data relating to the
transportation of goods and materials;
(b) To recommend whether the weight limits of particular
public highways, or portions thereof, and public bridges existing
in this state should be adjusted. Such recommendations shall be
based on sound engineering and safety principles for the purpose
of transporting goods and materials in an economically practical
and feasible manner;
(c) To hold public hearings to discuss issues relating to
the transportation of goods and materials;
(d) To recommend policies and general guidelines for the
classification of highways and bridges based upon recommendedtonnage limits for specific axle configurations and total tonnage
limits each highway or bridge can adequately support; and
(e) To recommend weight limits, fees for any increased
weight permits, cost-sharing procedures to be used to upgrade
highways and bridges and enforcement procedures with associated
penalty schedules.
§17C-17A-7. Report to legislature and termination of council.
On or before the second day of January, one thousand nine
hundred ninety-five, the council shall submit to the Legislature
the policy and a written report listing its recommendations.
The council shall be terminated on the first day of June,
one thousand nine hundred ninety-five.