







HOUSE RESOLUTION NO. 41







(By Delegates L. Smith and Caputo)
[Introduced March 9, 2002; referred to the
Committee on Rules]
Recognizing the efforts of His Excellency, the Governor, in
increasing the enforcement of existing coal truck weight
limitation laws, and further, requesting His Excellency, the
Governor, to protect the public safety by aggressively
continuing such enforcement.

Whereas, Of the 300 heaviest trucks recently found to be
violating weight laws in West Virginia, 297 were identified as coal
trucks; and

Whereas, The maximum permissible weight of coal trucks on West
Virginia highways is set by statute at 80,000 pounds; and

Whereas, Recent inspection activity by the division of
highways within the past five months indicates that 52 coal trucks
each weighing more than 170,000 pounds have been stopped on state
roads; and

Whereas, A number of tragic and preventable human deaths and
serious long term injuries have occurred involving overweight coal
trucks and excessive stopping distances; and

Whereas, The clear and present danger to human life of
overweight coal trucks is aggravated by steep grades, limited sight
distance, narrow roadway widths, and mountainous terrain, all
characteristic of our state roads; and

Whereas, A recent division of highways study dated January,
2002 notes that instate coal truck traffic is increasing. Given
the expanded size and weight of these vehicles, there is reason to
believe that innocent lives will continue to be placed in jeopardy
and that this ultimate risk will increase in the future; and

Whereas, As a recipient of federal highway funds, the state is
required by law to annually certify to the national government that
West Virginia does enforce existing statutory weight limits on coal
and other trucks, and the present commissioner of highways has so
certified to the federal government on December 1, 2001; and

Whereas, This state could lose in excess of 30 million dollars
in federal highway funds for failure to so monitor and enforce its
weight limitation laws; therefore, be it

Resolved by the House of Delegates:

That the House of Delegates recognizes the efforts of His
Excellency, the Governor, in increasing the enforcement of existing
coal truck weight limitation laws; and be it

Further Resolved, That His Excellency, the Governor, is hereby requested to protect the public safety by aggressively continuing
such enforcement; and be it

Further Resolved, That the clerk of the House of Delegates is
hereby directed to deliver a copy of this resolution to His
Excellency, the Governor.