H. B. 2819
(By Delegates Warner, DeLong and Swartzmiller)
[Introduced March 9, 2001; referred to the
Committee on Roads and Transportation then Finance.]
A BILL to amend and reenact section one, chapter three hundred
thirty-one, acts of the Legislature, regular session, one
thousand nine hundred ninety-eight, relating to directing the
commissioner of highways to issue a permit to certain users of
two highways in the city of Weirton and allowing the
increasing of gross weight limitations on certain roads in the
city of Weirton, West Virginia.
Be it enacted by the Legislature of West Virginia:
That section one, chapter three hundred thirty-one, acts of
the Legislature, regular session, one thousand nine hundred
ninety-eight, be amended and reenacted to read as follows:
SIZE, WEIGHT AND LOAD LIMITATIONS ON CERTAIN
ROADS IN WEIRTON, WEST VIRGINIA.
§1. Authority of the commissioner of the division of highways to
increase weight limitations upon highways within the city of Weirton, West Virginia.
If the commissioner of the division of highways determines
that the design, construction and safety of the highways within the
city of Weirton, 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 located in the city of Weirton in the counties of Hancock and
Brooke, named "Main Street" and that portion of U.S. Route 22
within the city of Weirton in the county of Brooke named "Freedom
Way" are designed and constructed to allow the gross weight
limitation to be increased up to one hundred twenty thousand pounds
without undue damage, the commissioner may increase the weight
limitations from eighty thousand pounds up to one hundred twenty
thousand pounds on those sections of State Route 2 and U.S. Route
22 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 said 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.
The director of the enforcement division of the division of
highways shall identify the trucks exceeding eighty thousand pounds
gross weight using the said routes and the companies they represent
and report this information to the commissioner of the division of
highways.
The commissioner of the division of highways shall every six
months annually review the damages to the said routes and report
the damages to: (1) The local legislative delegation, consisting
of two delegates from Brooke County and two delegates from Hancock
County and the two senators representing the first senatorial
district; and (2) the companies identified by the director of the
enforcement division.
The commissioner shall assess the damages to the companies, identified by the director of the enforcement division, using the
said routes. Notification, by the commissioner, of the amount of
the assessment to the companies shall be by certified mail. A copy
of the notice of the assessment of damages shall also be forwarded
to the local legislative delegation.
The companies must pay the assessed damages to the division of
highways within thirty days of receipt of the notice. or penalties
If such payments are not made within thirty days, a penalty in the
amount of ten per cent per annum of the outstanding assessment
shall be imposed quarterly. The division of highways shall, to the
best of its ability, commence the repair of the damaged routes
within six months of the assessment.
The commissioner of the division of highways shall report to
the Legislature before the fifteenth day of January, two thousand
one. The report shall contain: (1) How the increased weight of
trucks has affected the said routes; (2) damages caused; (3) how
much was assessed in damages; and (4) how much was paid. After
every review by the Legislature, the Legislature shall continue,
amend, or terminate this practice.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.