H. B. 2735
(By Delegates Kuhn, Farris, Miller, Dempsey,
Thompson and McGraw)
[Introduced February 24, 1995; referred to the
Committee on Roads and Transportation.]
A BILL to amend article seventeen, chapter seventeen-c of the
code of West Virginia, one thousand nine hundred thirty-one,
as amended, by adding thereto a new section, designated
section eleven-c, relating to directing the commissioner of
highways to issue a permit to certain users of portions of
State Route 61 and County Route 72 in Kanawha County, and an
extension thereof to State Route 3 in Boone County, and
allowing the commissioner to increase gross weight
limitations on the portions of said highways.
Be it enacted by the Legislature of West Virginia:
That article seventeen, chapter seventeen-c of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated eleven-c,
to read as follows:
ARTICLE 17. SIZE, WEIGHT AND LOAD.
Authority of the commissioner of the division of
highways to increase weight limitations upon
designated portion of State Route 61 and County
Route 72 in Kanawha County, West Virginia.
If the commissioner of the division of highways determines
that the design, construction and safety specifications of a
portion of State Route 61 and County Route 72, located in Kanawha
County, which is eighty-five hundredths of a mile in length and
is of vital interest to the economic well-being of the area, may
be increased without undue damage, the commissioner may increase
the specifications and designate the road and its extension to
State Route 3 in Boone County an industrial road. The
commissioner shall then set new gross weight limitations
applicable to the industrial road, notwithstanding other portions
of the code.
If the commissioner determines that the aforesaid
"industrial road" is designed and constructed to allow the gross
weight limitation to be increased to eighty thousand pounds without undue damage, the commissioner may increase the weight
limitations from sixty-three thousand pounds to eighty thousand
pounds on the "industrial road": Provided, That any person,
organization or corporation exceeding sixty-three thousand pounds
gross weight limitation while using this industrial road shall
first obtain a permit from the commissioner before proceeding and
shall provide the commissioner with a bond sufficient to cover
any potential undue damage which may result from the use.
NOTE: The purpose of this bill is to allow the division of
highways commissioner to grant overweight permits on certain
This section is new; therefore, strike-throughs and
underscoring have been omitted.