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.