H. B. 4665


(By Delegates Caputo, Mahan, Hrutkay, Wills, Manuel,

Fleischauer and Webster)


(Originating in the Committee on the Judiciary)


[February 26, 2002]


A BILL to amend and reenact sections six and fourteen, article seventeen, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to further amend said chapter by adding thereto a new article, designated article seventeen-a, all relating to enforcement of weight laws; establishing special speed limits, and other regulatory controls for vehicles hauling coal; providing for shipper liability for overweight violation; good faith exception; providing for record keeping and notification of overweight shipment upon receipt; penalties for noncompliance; and modifying increased for overweight violation.

Be it enacted by the Legislature of West Virginia:
That sections six and fourteen, article seventeen, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that said chapter be further amended by adding thereto a new article, designated article seventeen-a, all to read as follows:
CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD.
ARTICLE 17. SIZE, WEIGHT AND LOAD.

§17C-17-6. Loads to be securely fastened and not allowed to leak, escape, etc.

(a) No vehicle or combination of vehicles shall may be operated on any highway unless such vehicle or combination of vehicles is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a roadway in cleaning or maintaining such roadway.
(b) It shall be is unlawful to operate on any highway any vehicle or combination of vehicles with any load unless said the load and any covering thereon is securely fastened so as to prevent said covering or load from becoming loose, detached, or in any manner a hazard to other users of the highway.
(c) Operators of vehicles permitted to operate on public highways pursuant to article seventeen-a of this chapter, must cover the vehicle's load while the vehicle is operated on any highway.
§17C-17-14. Penalties for violation of weight laws; impounding vehicles.

Except for vehicles hauling coal subject to the provisions of article seventeen-a of this chapter, any Any owner, lessee or borrower of a vehicle or combination of vehicles who operates or permits to be operated on any highway such vehicle or combination of vehicles with any axle load in excess of that permitted by sections eight and eight-a of this article , or with a total gross weight with load imposed upon the highway by any one group of two or more consecutive axles in excess of that permitted by section nine or eleven-a of this article, shall be is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine scheduled fined in proportion to the amount of pounds in excess of the registered weight, or in excess of allowable weights for single axle, or in excess of allowable weights for groups of two or more consecutive axles, in accordance with the schedule in words and figures as follows:
Pounds in excess of registered weight, or in excess of allowable weights for single axle, or in excess of allowable weights for groups of two or more consecutive axles.
Amount
of
Fine
1to4,000$ 20.00
4,001to5,000$ 25.00
5,001to6,000$ 60.00
6,001to7,000$ 70.00
7,001to8,000$ 80.00
8,001to9,000$ 90.00
9,001to10,000 $ 100.00
10,001to11,000$ 165.00
11,001to12,000$ 100.00
12,001to13,000 $ 195.00
13,001to14,000$ 210.00
14,001to15,000$ 225.00
15,001to16,000$ 320.00
16,001to17,000$ 340.00
17,001to18,000$ 360.00
18,001to19,000$ 380.00
19,001to20,000$ 400.00
20,001to21,000$ 525.00
21,001to22,000$ 550.00
22,001to23,000$ 575.00
23,001to24,000$ 600.00
24,001to 25,000$ 625.00
25,001to26,000$ 780.00
26,001to27,000$ 810.00
27,001to28,000$ 840.00
28,001to29,000$ 870.00
29,001to30,000$ 900.00
30,001to40,000$1,200.00
40,001to50,000$1,400.00
50,001 and over. $1,600.00
In the event any owner, lessee or borrower of a vehicle is charged with violating this section, the vehicle which is charged to be overloaded shall be impounded by the arresting officer and shall not be released to such owner, lessee or borrower unless and until such owner, lessee or borrower either shall have has been found guilty and paid any fine assessed against such owner, lessee or borrower, or shall have has furnished cash or surety bond in at least double the amount of the fine which may be assessed against such owner, lessee or borrower for such violation of this section and conditioned upon the payment of any such fine and costs assessed for such violation, or shall have has been acquitted of such charge. Such owner, lessee or borrower shall be is liable for any reasonable storage costs incurred in storing such vehicles: Provided, That if the owner of such vehicle is a resident of or has a principal place of business located in this state, and said the vehicle has been duly licensed in the state, then said the vehicle shall may not be impounded but the arresting officer shall deliver to the driver a written notice stating such violation; the place, date and time; the license number of said the vehicle; the title number and name and address of the owner; the driver's name, address and the number of his or her operator's or chauffeur's card or permit; and the court, place, date and time for hearing, which shall be within five days of such violation (Saturdays, Sundays, and holidays, excluded). A copy of such notice shall within forty- eight hours be mailed to the owner of said the vehicle. Upon the failure by such owner or his or her or its agent to appear at the designated place and time, or upon failure to pay the fine and costs assessed for such violation, unless such the owner shall have has been acquitted of such the charge, the court shall order a bond or the impounding of said the vehicle as provided in this section.
ARTICLE 17A. VEHICLES HAULING COAL, SPECIAL PROVISIONS, REQUIREMENTS AND PENALTIES.

§17C-17A-1 . Legislative findings and study requirements.
(a) The purpose of this section is to implement a state enforcement program to assure that vehicles hauling coal operating on state roads are in compliance with the weight requirements of this article. Modern day coal trucks are designed to carry above current legal load limits, and the coal industry in efforts to reduce coal transportation costs have sanctioned the violation of state truck weight laws of this state. Many coal trucks weighing in excess of one hundred and sixty thousand pounds, double the existing lawful weight limit , are on the roads of this state daily. The state road infrastructure is being adversely impacted by these vehicles and in many cases coal trucks use bridges and roads that are not designed to handle that vehicle's weight, causing dangerous conditions and excelled deterioration of public infrastructure. Public safety hazards associated with the local citizens use of roads shared with these vehicles is great, and the issue of public safety is of upmost concern. These circumstances demand that a special program be herein enacted to provide enhanced penalties and new enforcement mechanisms to assist the department of highways in the enforcement of vehicle weight limits in this state. For the purposes of this article, the term "coal" includes coal and all waste or fuel products derived from coal, including but not limited to coal slurry, coal gob, and other synthetic or natural derivatives or coal.
(b) The commissioner of highways shall conduct a study of the public highway infrastructure of the state impacted by coal truck hauling and make a report to the Legislature. This report shall identify all state highways currently utilized by overweight coal trucks and include an analysis of the current infrastructure associated with those roads, comparing coal truck and non coal truck road usage and traffic patterns. The report shall also include engineering costs estimated for highway design upgrades to allow the highways to safely accommodate coal trucks. The report shall further include a road by road analysis of each road currently utilized by coal trucks and proposed renovations to those roads based on varying maximum weight limits. The commissioner shall submit periodic reports to the joint committee on government and finance or a interim subcommittee designated by the joint committee on government and finance, with a final report submitted on or before the first day of January, two thousand and three.
(c) (1) Speed limits- The maximum speed limit for vehicles subject to the special weight provisions of this section may not exceed forty-five miles per hour on any highway. The commissioner of highways may, pursuant to the authority granted in article six of this chapter, determine and declare alternative reasonable and safe special speed limits for overweight coal hauling vehicles that protect public safety and are appropriate for the road design and conditions. Municipalities may by ordinance further restrict vehicle weight limits.
(2) Inspection requirements- Each vehicle authorized to operate pursuant to this section must undergo a inspection every three months, conducted by an official inspection station as provided pursuant to article sixteen of this chapter. The superintendent of the department of state police shall provide specially designated inspection stickers to inspection stations to be issued for these semi-annual inspections.
(d) Notwithstanding the provisions of section fourteen of this article, any owner, lessee or borrower of a vehicle hauling coal or combination of vehicles hauling coal who operates or permits to be operated on any highway such vehicle or combination of vehicles with any axle load in excess of that permitted by sections eight, eight-a, nine or eleven-a of this article, and any shipper who ships or tenders goods for shipment in such vehicle or combinations of vehicles in violation of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined in proportion to the amount of pounds in excess of the registered weight, or in excess of allowable weights for single axle, or in excess of allowable weights for groups of two or more consecutive axles, in accordance with the schedule in words and figures as follows:
Pounds in excess of registered weight, or in excess of allowable weights for single axle, or in excess of allowable weights for groups of two or more consecutive axles.

Amount of Fine

1to4,000$ 100.00
4,001to5,000$ 200.00
5,001to6,000$ 300.00
6,001to7,000$ 400.00
7,001to8,000$ 500.00
8,001to9,000$ 600.00
9,001to10,000$ 700.00
10,001to11,000$ 800.00
11,001to12,000$ 900.00
12,001to13,000 $ 1,000.00
13,001to14,000$ 1,200.00
14,001to15,000$ 1,400.00
15,001to16,000$ 1,600.00
16,001to17,000$ 1,800.00
17,001to18,000$ 2,000.00
18,001to19,000$ 2,200.00
19,001to20,000$ 2,400.00
20,001to21,000$ 2,600.00
21,001to22,000$ 2,800.00
22,001to23,000$ 3,000.00
23,001to24,000$ 3,200.00
24,001to 25,000$ 3,400.00
25,001to26,000$ 3,600.00
26,001to27,000$ 3,800.00
27,001to28,000$ 4,000.00
28,001to29,000$ 4,200.00
29,001to30,000$ 4,400.00
30,001to40,000$ 4,600.00
40,001to50,000$ 5,000.00
50,001 and over. $ 7,500.00
In the event any owner, lessee or borrower of a vehicle is charged with violating this section, the charge shall be prosecuted pursuant to the procedures provided in section fourteen of this article.
(e) The penalty imposed by subsection (e) of this section may not be imposed on a shipper who in good faith ships coal or tenders coal for shipment in a vehicle or combination of vehicles that does not exceed the maximum gross weight for which the vehicle or combination of vehicles is permitted under the provisions of this article. For purposes of this section, "good faith" means that: (1) The operator of the vehicle or combination of vehicles is not under the control of the shipper; (2) the operator has requested that the vehicle or combination of vehicles be loaded to the maximum gross weight for which the vehicle is permitted under the provisions of section eight, eight-a, nine or eleven-a of this article; and (3) the road leading from the shipper's immediate place of shipment may be legally used for the allowed gross weight of the vehicle or combination of vehicles with its legally maximum load.
 §17C-17A-3 . Receipt of overweight coal loads.
(a) A person who weighs coal before or after unloading or a person who loads or unloads coal into coal trucks shall keep a written record of the origin, weight and composition of each shipment, the date of loading or receipt, the name and address of the shipper, the total number of axles on the vehicle or combination of vehicles, and the registration number of the power unit or some other means of identification by which the shipment was transported. A person receiving a shipment exceeding the legal weight limit allowed for that vehicle or combination of vehicles by the provisions of fourteen-a of this article shall forward a copy of the record to the division of highways enforcement division within three days of receipt of the shipment. A record of all shipments received shall be retained for a minimum of thirty days and shall be open to inspection and copying by a police officer or division of highways enforcement officer upon demand. No search warrant is required to inspect or copy the record.
(b) A record kept and maintained as provided in subsection (a) of this section that shows that a vehicle has exceeded a gross weight limit imposed by section fourteen-a of this article is relevant evidence of a violation of section fourteen of this article. The foregoing provisions do not limit the introduction of other competent evidence bearing upon the question of whether or not there is a violation of the prescribed maximum weight limitation permitted by this article.
(c) A person who fails to forward a copy of a record to the division of highways enforcement division as required in subsection (a) of this section, or fails to keep, maintain, or open for inspection and copying, those documents as required in subsection (a) of this section is guilty of a misdemeanor. A person who does not accurately record the information required to be contained in those documents required in subsection (a) of this section is guilty of a misdemeanor.