COMMITTEE SUBSTITUTE
FOR
H. B. 4631
(By Delegate Pettit)
[Originating in the
Committee on Roads and Transportation.]
[March 4, 1998]
A BILL to amend and reenact section one, chapter one hundred
seventy-six, acts of the Legislature, regular session, one
thousand nine hundred ninety-one, relating to directing the
commissioner of highways to issue a permit to certain users
of two highways in the city of Weirton and allowing the
increasing of gross weight limitations on certain roads in
the city of Weirton, West Virginia.
Be it enacted by the Legislature of West Virginia:
That section one, chapter one hundred seventy-six, acts of
the Legislature, regular session, one thousand nine hundred
ninety-one, be amended and reenacted to read as follows:
SIZE, WEIGHT AND LOAD LIMITATIONS ON CERTAIN ROADS IN WEIRTON,
WEST VIRGINIA.
§1. Authority of the commissioner of the division of highways to
increase weight limitations upon highways within the city of Weirton, West Virginia.
If the commissioner of the division of highways determines
that the design, construction and safety of the highways within the city of Weirton, West Virginia, are such that tonnage limits
may be increased without undue damage, the commissioner may
increase them. The commissioner shall then set new weight
limitations applicable to said highways or portions thereof.
The commissioner may not establish any weight limitation in
excess of or in conflict with any weight limitation prescribed by
or pursuant to acts of Congress with respect to the national
system of interstate and defense highways.
If the commissioner determines that the portion of State
Route 2 located in the city of Weirton in the counties of Hancock
and Brooke, named "Main Street" and that portion of U.S. Route 22
within the city of Weirton in the county of Brooke named "Freedom
Way" are designed and constructed to allow the gross weight
limitation to be increased up to one hundred twenty thousand
pounds without undue damage, the commissioner may increase the
weight limitations from eighty thousand pounds up to one hundred
twenty thousand pounds on those sections of State Route 2 and
U.S. Route 22 described above: Provided, That any person,
organization or corporation exceeding eighty thousand pounds
gross weight limitation while using said routes 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: Provided,
however, That prior to issuance of that permit, if it is the
determination of the commissioner that the road is said routes,
as specifically described herein, are in need of repaving, those
persons, organizations or corporations shall be assessed pay the cost of repaving in amounts as assessed, from time to time, by
the commissioner: Provided further, That the commissioner also
determines that the increased limitation is not barred by an act
of the United States Congress and the commissioner has received
approval from the United States department of transportation to
increase the weight limitation.
NOTE: The purpose of this bill is to provide the
commissioner of the division of highways with the authority to
raise road tonnage limits on that portion of State Route 2
located in the city of Weirton in the counties of Hancock and
Brooke, named "Main Street" and that portion of U.S. Route 22
within the city of Weirton in the county of Brooke named "Freedom
Way," and to secure payment for repair of said routes.
Strike-throughs indicate language that would be stricken from the present law, and
underscoring indicates new language that would be added.