ENGROSSED
H. B. 4295
(By Delegates Givens, Ennis, Hutchins and L. White)
[Introduced January 28, 2000; referred to the
Committee on Roads and Transportation.]
A BILL to direct the commissioner of highways to allow the
increase of gross weight limitations on certain roads in
Ohio and Brooke Counties.
Be it enacted by the Legislature of West Virginia:
WEIGHT LIMITATIONS ON CERTAIN ROADS IN OHIO AND BROOKE COUNTIES.
§1. Authority of the commissioner of the division of highways
to increase weight limitations on certain highways
within Ohio and Brooke Counties of West Virginia.
If the commissioner of the division of highways determines
that the design, construction and safety of the highways in
Brooke and Ohio counties of 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 from milepost 3.33 to the Ohio County line, the portion
of State Route 2 from the Brooke County line to milepost 3.27,
and the portion of I-70 from milepost .69 to 0.49 in Ohio County
are designed and constructed to allow the gross weight limitation
to be increased from eighty thousand pounds to ninety thousand
pounds without undue damage, the commissioner may increase the
weight limitations from eighty thousand pounds up to ninety
thousand pounds on those sections of State Route 2 and I-70
described above: Provided, That any person, organization or
corporation exceeding eighty thousand pounds gross weight
limitation while using said routes shall first obtain a multi-
trip 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 if it is the determination of the commissioner that
the routes, as specifically described herein, are in need of
repaving, those persons, organizations or corporations shall 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.