
H. B. 2583


(By Delegates Givens and Ennis)


[Introduced February 28, 2001; referred to the


Committee on Roads and Transportation.]
A BILL to amend and reenact section one, chapter two hundred
eighty-seven, acts of the Legislature, regular session, two
thousand, relating to directing 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:
That section one, chapter two hundred eighty-seven, acts of
the Legislature, regular session, two thousand, be amended and
reenacted to read as follows:
WEIGHT LIMITATIONS ON CERTAIN ROADS IN OHIO AND BROOKE COUNTIES.
ยง1. 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 certain highways designated herein 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,
the portion of I-70 from milepost 0.69 to 0.00 and the portion of
U. S. Route 40 from milepost 0.39 to milepost 0.00 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 U. S.
Route 40 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.
NOTE: The purpose of this bill is to remove reference to I-70
in the legislation that provided the commissioner of the division
of highways with the authority to raise road tonnage limits on
two portion of State Route 2 located in Ohio and Brooke Counties,
and to secure payment for repair of those routes.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that
would be added.