H. B. 2114
(By Delegate Warner)
[Introduced February 14, 2001; referred to the
Committee on Roads and Transportation then Finance.]
A BILL to amend and reenact section eleven, article seventeen,
chapter seventeen-c of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to authorizing
the commissioner of highways to issue continuous or multiple
trip permits for the transport of oversize and overweight
loads on state highways.
Be it enacted by the Legislature of West Virginia:
That section eleven, article seventeen, chapter seventeen-c
of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 17. SIZE, WEIGHT AND LOAD.
§17C-17-11. Permits for excess size and weight.
(a) The commissioner of highways may, in his or her
discretion, upon application in writing and good cause being shown
therefor issue a special permit in writing authorizing: (1) The
applicant, in crossing any highway of this state, to operate or
move a vehicle or combination of vehicles of a size or weight or
load exceeding the maximum specified in this chapter or otherwise
not in conformity with the provisions of this chapter, whether the
operation be continuous or not, provided the applicant shall agree
to compensate the commissioner of highways for all damages or
expenses incurred in connection with the crossing; (2) the
applicant to operate or move a vehicle or combination of vehicles
of a size or weight of vehicles or nondivisible load exceeding the
maximum specified in this chapter or otherwise not in conformity
with the provisions of this chapter, except that a permit shall not
be issued for continuous operation of a vehicle not in conformity
with the provisions of this article relating to weight limitations
subsection (b) of this section; and (3) the applicant to move or
operate, for limited or continuous operation, a vehicle hauling
containerized cargo in a sealed, seagoing container to or from a
seaport or inland waterway port that has or will be transported by
marine shipment where the vehicle is not, as a result of hauling the container, in conformity with the provisions of this article
relating to weight limitations, upon the conditions that: (A) The
container be hauled only on the roadways and highways designated by
the commissioner of highways; (B) the contents of the container are
not changed from the time it is loaded by the consignor or the
consignor's agent to the time it is delivered to the consignee or
the consignee's agent; and (C) such any additional conditions as
the commissioner may impose to otherwise ensure compliance with the
provisions of this chapter.
(b) The commissioner may issue a special permit to operate or
move a vehicle or combination of vehicles of a size or weight of
vehicles or nondivisible load exceeding the maximum specified in
this chapter or otherwise not in conformity with the provisions of
this chapter over routes designated by the commissioner upon such
terms and restrictions as the commissioner may prescribe, which
shall include without limitation the following:
(1) Special annual permits will only be issued subject to the
following size and weight limits:
Interstate RoutesUS Routes andAxle Limits
other routes
-85' long-75' long-28,000 pounds single
-110,000 pounds-90,000 pounds-45,000 pounds tandem
-14'6" high-14'0" high-50,000 pounds tri
-12' wide10' wide-55,000 pounds quad
(2) The only vehicles or combinations eligible for a special
annual permit are a truck tractor, semitrailer combination with a
minimum of five axles.
(3) For purposes of this section, nondivisible load means any
load exceeding applicable length or weight limits which, if
separated into smaller loads or vehicles, would: (A) Compromise
the intended use of the vehicle, to the extent that the separation
would make it unable to perform the function for which it was
intended; (B) destroy the value of the load or vehicle, to the
extent that the separation would make it unusable for its intended
purpose; or (C) require more than eight work hours to dismantle
using appropriate equipment: Provided, That the applicant for a
nondivisible load permit has the burden of proof as to the number
of work hours required to dismantle the load.
(b) (c) The application for any permit shall specifically
describe the vehicle or vehicles and load to be operated or moved
along or across the highway and the particular highway or crossing
of the highway for which permit to operate is requested, and whether the permit is requested for a single trip or for a
continuous operation.
(c) (d) The commissioner of highways is authorized to issue or
withhold a permit at his or her discretion; or, if the permit is
issued, to limit the number of trips, or to establish seasonal or
other time limitations within which the vehicles described may be
operated on or across the highways indicated, or otherwise to limit
or prescribe conditions of operation of the vehicle or vehicles,
when necessary to assure against undue damage to the road
foundations, surface or structures, and may require the
undertaking, bond or other security as may be considered necessary
to compensate for any injury to any roadway structure and to
specify the type, number and the location for escort vehicles for
any vehicle.
The commissioner may charge a fee not to exceed five dollars
for the issuance of a permit for a mobile home and a reasonable fee
for the issuance of a permit for any other vehicle under the
provisions of this section to pay the administrative costs thereof.
(d) (e) Every permit shall be carried in the vehicle or
combination of vehicles to which it refers and shall be open to
inspection by any police officer or authorized agent of the commissioner of highways granting the permit, and no person shall
violate any of the terms or conditions of the special permit.
NOTE: The purpose of this bill is to authorize the
commissioner of highways to issue continuous or multiple trip
permits for the transport of oversize and overweight loads on state
highways.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.