H. B. 2591
(By Delegates Tucker, Shelton, Givens
, Ennis,
Swartzmiller, DeLong and C. White)
[Introduced February 28, 2001
; 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 Brooke County.
Be it enacted by the Legislature of West Virginia:
WEIGHT LIMITATIONS ON CERTAIN ROADS IN BROOKE COUNTY.
§1. Authority of the commissioner of the division of highways to
increase weight limitations on certain highways within
Brooke County of West Virginia.
If the commissioner of the division of highways determines
that the design, construction and safety of the highways in Brooke
County 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 those portions of State
Route 2 (WV 2) in Brooke County from its intersection with State
Street in Follansbee north to the intersection with Brooke County
Route 507 (CR 507) at mile point 16.29, State Route 2 southbound
(WV 2SB), from Brooke CR 507 to WV 2 northbound, and additionally
US 22, and all connecting ramps from the Ohio state line to a point
1.00 mile east are designed and constructed to allow the gross
weight limitation to be increased without undue damage, the
commissioner may increase the weight limitations from eighty
thousand pounds up to ninety thousand pounds on those sections
described above: Provided, That any person, organization or
corporation exceeding eighty thousand pounds gross weight
limitation while using these routes must first obtain a multitrip
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.