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 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.
This bill is new; therefore, strike-throughs and underscoring
have been omitted.
ROADS AND TRANSPORTATION COMMITTEE AMENDMENT
On page two, section one, line fifteen, following the words
"obtain a", by inserting the word "multi-trip".