ENGROSSED
Senate Bill No. 705
(By Senators Ross, Love, Oliverio, Rowe, Kessler and McKenzie)
____________
[Originating in the Committee on Transportation;
reported March 29, 2001.]
_____________
A BILL to amend and reenact section one, chapter one hundred
seventy-six, acts of the Legislature, regular session, one
thousand nine hundred ninety-one, relating to directing the
commissioner of the division of highways to report to the
Legislature every three years concerning the permit issued to
certain users of two highways in the city of Weirton which
allow an increase of gross weight limitations on certain roads
in that city.
Be it enacted by the Legislature of West Virginia:
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, 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 percent 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 every three years, beginning on or before the
fifteenth day of January, two thousand one four, and continuing
every third year thereafter. 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 each review by the Legislature, the Legislature shall continue, amend or terminate this practice.
___________
(NOTE: The purpose of this bill is to amend the reporting
requirement for the commissioner of the division of highways to
require that a report on the weight and load limitations on certain
roads in Weirton, West Virginia, be submitted to the Legislature
every three years, beginning January, 2004.)