Senate Bill No. 359
(By Senators Tomblin, Mr. President, Jackson and Wooton)
[Introduced February 15, 1995; referred to the Committee
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 Orgas 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
Orgas 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 one hundred thousand pounds
without undue damage, the commissioner may increase the weight
limitations from eighty thousand pounds to one hundred thousand
pounds on the "industrial road": Provided, That any person,
organization or corporation exceeding eighty 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 commissioner to
grant overweight permits on certain roads.
This section is new; therefore, strike-throughs and
underscoring have been omitted.