COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 583
(By Senators Chafin, Love, Edgell, Snyder, Bailey, Tomblin, Mr.
President, Minear, Guills, Weeks, Sprouse, Helmick, Ross, Sharpe
and Fanning)
____________
[Originating in the Committee on Energy, Industry and Mining;
reported February 24, 2003.]
____________
A BILL to amend and reenact section one, article six, chapter
seventeen-c of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; to further amend said article
by adding thereto a new section, designated section ten; to
amend and reenact sections ten and eleven, article seventeen
of said chapter; and to further amend said article by adding
thereto a new section, designated section eleven-d; to further
amend said chapter by adding thereto two new articles,
designated articles seventeen-a and seventeen-b; to amend and
reenact sections three and seven, article one, chapter
seventeen-e of said code; and to amend chapter twenty-four-a
of said code by adding thereto a new article, designated article one-a, all relating to the regulation of commercial
vehicles; increasing speeding fines for commercial vehicles
transporting coal; authorizing public service commission and
its employees to enforce laws of the road for commercial
vehicles; authorizing weight enforcement for commercial
vehicles moving or parked on or within one hundred feet of
public rights-of-way; establishing administrative enforcement
process and penalties for vehicles transporting coal;
providing legislative findings for special regulation of coal
transportation on the coal resource transportation road
system; defining terms; designating eligible counties;
directing public service commission to administer commercial
vehicle weights and measures; providing that division of
highways and public service commission administer all aspects
of weight and safety requirements; providing that division of
highways coordinate establishment of coal resource
transportation roads with the public service commission;
establishing a permitting program for vehicles transporting
coal which allows higher weight limits upon meeting certain
requirements; authorizing public service commission to
promulgate emergency and legislative rules; providing special
operator and vehicle permit requirements; providing for fees
to be assessed for permits; providing reporting requirements
for vehicle owners, coal shippers and coal receivers; authorizing commission employees to inspect certain weight
transportation records; establishing administrative sanctions
for coal vehicle weight violations; establishing new criminal
penalties for weight violations; establishing procedure and
criteria for commissioner of division of highways to designate
special coal resource transportation roads; authorizing
commissioner of division of highways to enter into agreements
with persons responsible for coal transport to undertake road
and bridge improvements; providing for transfer of certain
duties, authority and employees of the division of highways to
the public service commission; providing dates for transfer of
these duties; providing that state road funds for these costs
be transferred to public service commission; providing that
transfer of these duties does not alter other law-enforcement
agencies' authority; removing weight from the list of
nonserious traffic violations; creating commercial motor
vehicle weight and safety enforcement advisory committee; and
providing for its membership, organization, expense
reimbursements and duties.
Be it enacted by the Legislature of West Virginia:
That section one, article six, chapter seventeen-c of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted; that said article be further amended by
adding thereto a new section, designated section ten; that sections ten and eleven, article seventeen of said chapter be amended and
reenacted; that said article be further amended thereto a new
section, designated section eleven-d; that said chapter be further
amended by adding thereto two new articles, designated articles
seventeen-a and seventeen-b; that sections three and seven, article
one, chapter seventeen-e of said code be amended and reenacted; and
that chapter twenty-four-a of said code be amended by adding
thereto a new article, designated article one-a, all to read as
follows:
CHAPTER 17C. TRAFFIC REGULATIONS AND LAW OF THE ROAD.
ARTICLE 6. SPEED RESTRICTIONS.
§17C-6-1. Speed limitations generally; penalty.
(a) No person may drive a vehicle on a highway at a speed
greater than is reasonable and prudent under the existing
conditions and the actual and potential hazards. In every event
speed shall be so controlled as may be necessary to avoid colliding
with any person, vehicle or other conveyance on or entering the
highways in compliance with legal requirements and the duty of all
persons to use due care.
(b) Where no special hazard exists that requires lower speed
for compliance with subsection (a) of this section, the speed of
any vehicle not in excess of the limits specified in this section
or established as hereinafter authorized is lawful, but any speed
in excess of the limits specified in this subsection or established as hereinafter authorized is unlawful.
(1) Fifteen miles per hour in a school zone during school
recess or while children are going to or leaving school during
opening or closing hours. A school zone is all school property
including school grounds and any street or highway abutting such
school grounds and extending one hundred twenty-five feet along
such street or highway from the school grounds. The speed
restriction does not apply to vehicles traveling on a controlled
access highway which is separated from the school or school grounds
by a fence or barrier approved by the division of highways;
(2) Twenty-five miles per hour in any business or residence
district;
(3) Fifty-five miles per hour on open country highways, except
as otherwise provided by this chapter.
The speeds set forth in this section may be altered as
authorized in sections two and three of this article.
(c) The driver of every vehicle shall, consistent with the
requirements of subsection (a) of this section, drive at an
appropriate reduced speed when approaching and crossing an
intersection or railway grade crossing, when approaching and going
around a curve, when approaching a hill crest, when traveling upon
any narrow or winding roadway and when special hazard exists with
respect to pedestrians or other traffic or by reason of weather or
highway conditions.
(d) The speed limit on controlled access highways and
interstate highways, where no special hazard exists that requires
a lower speed, shall be not less than fifty-five miles per hour and
the speed limits specified in subsection (b) of this section do not
apply.
(e) Unless otherwise provided in this section, any person who
violates the provisions of this section is guilty of a misdemeanor
and, upon conviction thereof, shall be fined not more than one
hundred dollars; upon a second conviction within one year
thereafter, shall be fined not more than two hundred dollars; and,
upon a third or subsequent conviction within two years thereafter,
shall be fined not more than five hundred dollars: Provided, That
if such third or subsequent conviction is based upon a violation of
the provisions of this section where the offender exceeded the
speed limit by fifteen miles per hour or more, then upon
conviction, shall be fined not more than five hundred dollars or
confined in the county or regional jail for not more than six
months, or both.
(f) Any person who violates the provisions of subdivision (1),
subsection (b) of this section is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not less than one hundred
dollars nor more than five hundred dollars: Provided, That if such
conviction is based upon a violation of the provisions of
subdivision (1), subsection (b) of this section where the offender exceeded the speed limit by fifteen miles per hour or more in the
presence of one or more children, then upon conviction, shall be
fined not less than one hundred dollars nor more than five hundred
dollars or confined in the regional or county jail for not more
than six months, or both.
(g) If an owner or driver is arrested under the provisions of
this section for the offense of driving above the posted speed
limit on a controlled access highway or interstate highway, and if
the evidence shall show that the motor vehicle was being operated
at ten miles per hour or less above said speed limit, then, upon
conviction thereof, such person shall be fined not more than five
dollars, plus court costs.
(h) Any person operating a commercial motor vehicle engaged in
the transportation of coal on the coal resource transportation road
system who violates subsection (a), (b) or (c) of this section
shall, upon conviction, be subject to fines in triple the amount
otherwise provided in subsection (e) of this section.
(i) If an owner or driver is convicted under the provisions of
this section for the offense of driving above the speed limit on a
controlled access highway or interstate highway of this state, and
if the evidence shall show shows that the motor vehicle was being
operated at ten miles per hour or less above said speed limit, then
notwithstanding the provisions of section four, article three,
chapter seventeen-b of this code, a certified abstract of the judgment on such conviction shall not be transmitted to the
division of motor vehicles: Provided, That the provisions of this
subsection do not apply to conviction of owners or drivers who have
been issued a commercial driver's license as defined in chapter
seventeen-e of this code, if the offense was committed while
operating a commercial vehicle.
(h) (j) If an owner or driver is convicted in another state
for the offense of driving above the maximum speed limit on a
controlled access highway or interstate highway, and if the maximum
speed limit in such other state is less than the maximum speed
limit for a comparable controlled access highway or interstate
highway in this state, and if the evidence shall show that the
motor vehicle was being operated at ten miles per hour or less
above what would be the maximum speed limit for a comparable
controlled access highway or interstate highway in this state, then
notwithstanding the provisions of section four, article three,
chapter seventeen-b of this code, a certified abstract of the
judgment on such conviction shall not be transmitted to the
division of motor vehicles, or, if transmitted, shall not be
recorded by the division, unless within a reasonable time after
conviction, the person convicted has failed to pay all fines and
costs imposed by the other state: Provided, That the provisions of
this subsection do not apply to conviction of owners or drivers who
have been issued a commercial driver's license as defined in chapter seventeen-e of this code, if the offense was committed
while operating a commercial vehicle.
§17C-6-10. Enforcement of article with respect to operations of
commercial motor vehicles.
In addition to enforcement by officers and other persons
authorized by law, designated employees of the public service
commission of West Virginia may enforce the provisions of this
article as they relate to the operation of commercial motor
vehicles.
ARTICLE 17. SIZE, WEIGHT AND LOAD.
§17C-17-10. Officers may weigh, measure, or examine vehicles and
require removal or rearrangement of excess loads.
(a) Any police officer or employee of the department of
highways or the public service commission designated by the
commissioner of highways as a member of an official weighing crew
may require the driver of any vehicle or combination of vehicles
located on or within one hundred feet of any public highway or
right of way, and whether moving or stopped, to stop and submit
such vehicle or combination of vehicles to a weighing with portable
or stationary weighing devices or submit such vehicle or
combination of vehicles to a measuring or to any other examination
necessary to determine if such vehicle or combination of vehicles
is in violation of any of the provisions of this article or article
seventeen-a, and may require that such vehicle or combination of vehicles be driven to the nearest weighing device.
No police officer or member of an official weighing crew
may stop a vehicle or combination of vehicles may be submitted for
weighing unless a portable or stationary weighing device is
actually present at the location where, and at the time, the
vehicle or combination of vehicles is stopped or unless the vehicle
or combination of vehicles is escorted immediately after being
stopped to a the nearest portable or stationary weighing device.
In no case may a vehicle or combination of vehicles be detained
more than one hour from the time the same it is stopped for
weighing unless the vehicle or combination of vehicles is impounded
for a another violation. in accordance with the provisions of
section fourteen of this article.
(b) Whenever a police officer or a member of an official
weighing crew determines that a vehicle or combination of vehicles
is in violation of any of the provisions of this article or article
seventeen-a, he or she may require the driver to stop such vehicle
or combination of vehicles in a suitable place and to remain
standing until such vehicle or combination of vehicles is brought
into conformity with the provisions violated.
In the case of a weight violation all material unloaded shall
be cared for by the owner, lessee or borrower of such vehicle or
combination of vehicles at the risk of such owner, lessee or
borrower: Provided, That no criminal charge shall be preferred against any driver, operator or owner of a vehicle when a
rearrangement of the load upon the vehicle, without removal
therefrom, reduces the axle loads of said vehicle to such limit as
is permitted under this chapter.
(c) Any driver of a vehicle or combination of vehicles who
fails or refuses to comply with any requirement or provision of
this section shall be guilty of a misdemeanor, or in the case of
any vehicles engaged in the transportation of coal, any other
additional penalties that may be applicable under the provisions of
article seventeen-a of this chapter.
§17C-17-11. Permits for excess size and weight.
(a) The commissioner of highways public service commission
may, in its his or her discretion, upon application in writing and
good cause being shown therefor issue a special permit in writing
authorizing: (1) The applicant, in crossing any highway of this
state, to operate or move a vehicle or combination of vehicles of
a size or weight or load exceeding the maximum specified in this
chapter or otherwise not in conformity with the provisions of this
chapter, whether the operation be continuous or not, provided the
applicant shall agree to compensate the commissioner of highways
for all damages or expenses incurred in connection with the
crossing; (2) the applicant to operate or move a vehicle or
combination of vehicles of a size or weight of vehicles or
nondivisible load exceeding the maximum specified in this chapter or otherwise not in conformity with the provisions of this chapter;
and (3) the applicant to move or operate, for limited or continuous
operation, a vehicle hauling containerized cargo in a sealed,
seagoing container to or from a seaport or inland waterway port
that has or will be transported by marine shipment where the
vehicle is not, as a result of hauling the container, in conformity
with the provisions of this article relating to weight limitations,
upon the conditions that: (A) The container be hauled only on the
roadways and highways designated by the commissioner of highways;
(B) the contents of the container are not changed from the time it
is loaded by the consignor or the consignor's agent to the time it
is delivered to the consignee or the consignee
'
s agent; and (C) any
additional conditions as the commissioner of highways or the
public service commission may impose to otherwise ensure compliance
with the provisions of this chapter.
(b)(1) The commissioner of highways may issue a special permit
to operate or move a vehicle or combination of vehicles of a size
or weight of vehicles or nondivisible load exceeding the maximum
specified in this chapter or otherwise not in conformity with the
provisions of this chapter over routes designated by the
commissioner of highways upon such terms and restrictions as the
public service commission, together with the commissioner of
highways, may prescribe.
(2) For purposes of this section, nondivisible load means any load exceeding applicable length or weight limits which, if
separated into smaller loads or vehicles, would: (A) Compromise
the intended use of the vehicle, to the extent that the separation
would make it unable to perform the function for which it was
intended; (B) destroy the value of the load or vehicle, to the
extent that the separation would make it unusable for its intended
purpose; or (C) require more than eight workhours to dismantle
using appropriate equipment: Provided, That the applicant for a
nondivisible load permit has the burden of proof as to the number
of workhours required to dismantle the load.
(c) The application for any permit other than a special annual
permit shall specifically describe the vehicle or vehicles and load
to be operated or moved along or across the highway and the
particular highway or crossing of the highway for which permit to
operate is requested, and whether the permit is requested for a
single trip or for a continuous operation.
(d) The commissioner of highways public service commission is
authorized to issue or withhold a permit at his or her discretion;
or, if the permit is issued, to limit the number of trips, or to
establish seasonal or other time limitations within which the
vehicles described may be operated on or across the highways
indicated, or otherwise to limit or prescribe conditions of
operation of the vehicle or vehicles, when necessary to assure
against undue damage to the road foundations, surface, or structures, and may require the undertaking, bond or other security
as may be considered necessary to compensate for any injury to any
roadway structure and to specify the type, number and the location
for escort vehicles for any vehicle: Provided, That in
establishing limitations on permits issued under this section, the
public service commission shall consult with the commissioner of
highways, and may not issue, limit or condition a permit in a
manner inconsistent with the authority of the commissioner of
highways.
The commissioner public service commission may charge a fee
not to exceed five dollars for the issuance of a permit for a
mobile home and a reasonable fee for the issuance of a permit for
any other vehicle under the provisions of this section to pay the
administrative costs thereof.
(e) Every permit shall be carried in the vehicle or
combination of vehicles to which it refers and shall be open to
inspection by any police officer or authorized agent of the
commissioner of highways or the public service commission granting
the permit, and no person shall violate any of the terms or
conditions of the special permit.
§17C-17-11d. Establishing maximum road highway weights.
Effective the first day of July two thousand three, unless
the commissioner of highways finds cause to establish a lower
weight or prescribe other safety measures consistent with and under the authority of this article, the maximum weight on all state-
maintained roads and public highways that are not part of the coal
resource transportation system shall be eighty thousand pounds,
plus a tolerance of five percent, notwithstanding the provisions of
sections nine and eleven-a of this article.
ARTICLE 17A. REGULATION OF THE COMMERCIAL TRANSPORTATION OF COAL.
§17C-17A-1. Legislative findings and creation of program.
(a) The Legislature finds and declares that:
(1) No other economic undertaking in the history of West
Virginia has had a greater impact upon the citizens of this state,
providing such an economic force and affecting the social construct
and day to day life and environment of the people and communities
of this state, than the activities associated with the extraction,
transportation and consumption of coal or its byproducts. In areas
of this state where the coal industry exists, the economic benefits
of coal production are an indispensable part of the local
community's vitality.
(2) The historic progression of the coal industry has resulted
in an increasing use of the public highways of this state for the
transportation of coal to river ports, power generators or rail
loading facilities. Roads where coal is transported are mainly two
lane rural roads and highways of varying grades and conditions.
The daily presence of large commercial motor vehicles on these
roads and highways causes significant impact to local communities and the local transportation infrastructure. Local residents are
exposed on a daily basis to the dangers associated with sharing the
road with a large number of these vehicles.
(3) The increased capacity and ability of coal hauling
vehicles, tied with increased economic pressures to reduce industry
transportation costs, have created economic incentives for
transporting coal at higher than legal limits, and for drivers to
drive long hours and operate these vehicles at higher rates of
speed. Consequently, average vehicle weights have increased and
many coal transport vehicles regularly exceed the lawful limit by
more than one hundred percent. The excessive weights of these
vehicles have also resulted in the rapid deterioration of state
roads and bridges, creating significant costs to the state of
millions of dollars in lost road and bridge use and life.
(4) Advances in truck stability, braking, and safety
technology have made modern coal transporters much safer
conveyances than those used by the industry when the state's
current weight laws were enacted. Further advances in technology
have made tracking and recording individual vehicles, their
operators and load significantly more efficient.
(5) Enforcement of truck safety and driver safety laws has
been divided between various jurisdictions such as local and state
law enforcement, division of highways, and the public service
commission. As a result, local and state enforcement of those comprehensive laws has not been uniform, with the result that many
of these laws have not been enforced.
(6) The current condition of the state's coal transportation
system requires that a comprehensive regulatory enforcement program
be established; that this program include special safety
protections for the public that shares the roads with the large
coal hauling vehicle fleet of this state; and that the program be
designed to assure that state weight and safety requirements be
effectively enforced to provide protections for the public sharing
these roadways.
(b) A special centralized regulatory program with
administrative enforcement authority over all vehicles hauling coal
in West Virginia is hereby created. This program is designed to
address the economic needs of the coal industry within the confines
of the ability of the transportation infrastructure to accommodate
these needs and in careful consideration for road safety and
maintenance and the impact of these vehicles.
§17C-17A-2. Definitions.
For purposes of this article:
(a) A "coal resource transportation road" means a road
designated by the department of transportation as safe and
sufficient to allow vehicles hauling coal to carry a greater gross
and axle weight than otherwise authorized by state law: Provided,
That in no case may the gross weight for any such vehicles permitted to operate on designated roads exceed one hundred and
twenty thousand pounds, with a five percent variance: Provided
further, that only state-maintained roads and public highways found
in Boone, Fayette, Lincoln, Logan, McDowell, Mercer, Mingo,
Raleigh, Summers, Wayne and Wyoming counties and all state-
maintained roads and public highways found in Washington, Malden,
Louden and Cabin Creek districts and those portions of Big Sandy
and Elk districts which lie north of Elk River, Kanawha county, are
eligible to qualify as part of the coal resource transportation
road system.
(b) "Coal" or coal by-products means the mineral in raw or
clean state, and includes such synthetic fuel manufactured or
produced for which credit is allowable under 26 U.S.C. § 29 of the
Internal Revenue Code (1996).
(c) "Commission" means the public service commission of West
Virginia.
(d) "Division" means the division of highways within the
department of transportation.
(e) "Mining operation" means any activity related to
extraction of coal regulated under the provisions of this code.
(f) "Operator" means the person driving a commercial motor
vehicle transporting coal on any public highway of this state;
(g) "Person" means any individual, partnership, firm, society,
association, trust, corporation, other business entity or any agency, unit or instrumentality of federal, state or local
government.
(h) "Shipper" means the person who loads coal or causes coal
to be loaded into any commercial motor vehicle that will operate on
any public highway in this state;
(i) "Receiver" means the person who accepts for unloading coal
from any vehicle that has operated on any public highway in this
state;
(j) "Vehicle owner" means the person who as owner of a
commercial motor vehicle employs, contracts or otherwise directs a
driver to operate that vehicle on a public highway of this state
for the purpose of transporting coal.
§17C-17A-3. Authority of the division of highways and public
service commission generally.
(a) The division of highways shall establish all legal vehicle
weight limits for all public highways including roads within the
coal resource transportation system. Public highways will be
designated as coal resource transportation roads by the
commissioner of the division of highways pursuant to this article.
The division shall post signs on roads informing the public of such
designation and shall also list a toll free telephone line for
public reporting of poor driving or law violations by special
permit operators. The division shall provide periodic reports to
the commercial motor vehicle weight and safety enforcement advisory committee as established in section two, article one-a, chapter
twenty-four-a of this code relating to the study of coal resource
transportation roads. The periodic reports shall include the
following at a minimum: (1) Citations issued for violations of
this chapter; (2) disposition of the violations; (3) road
conditions and maintenance; and (4) the amount of undue road damage
attributable to coal resource transportation road system permit
use.
(b) The public service commission shall establish requirements
for vehicle operators holding coal resource transportation road
permits pursuant to section five of this article consistent with
federal statutory and regulatory requirements.
(1) The commission may, during normal business hours, conduct
inspections of all trucking related records of shippers, vehicle
operators, vehicle owners and receivers engaged in the
transportation of coal. This provision may not be construed to
authorize the commission to reveal trade secrets or other
confidential financial information of those persons inspected;
however the commission may use any weight measurement records as
evidence of a violation of this article.
(2) The commission shall establish and maintain a toll free
telephone line for public reporting of poor driving or law
violations by special permit operators. In addition, the
commission shall require all vehicles operating under a permit issued pursuant to the provisions of this article to clearly
display on the vehicle the toll free telephone number.
(3) The commission shall implement a study of commercial
vehicle safety related issues, including utilizing higher education
institutions and other research organizations. The commission
shall provide periodic reports to the commercial motor vehicle
weight and safety enforcement advisory committee as established in
section two, article one-a, chapter twenty-four-a of this code
relating to the study of motor vehicle weight and safety
enforcement.
(4) The commission shall establish procedures to utilize
electronic real time reporting of coal vehicle weights by shippers
and receivers. The commission may require daily certified reports
from shipper or receiver if electronic reporting methods are not
used. The commission may authorize alternative measures of
reporting that require same day reporting of weight measurements by
shippers and receivers.
(c) Notwithstanding the provisions of section three, article
one of chapter twenty-nine-a of this code, both the commission and
the division shall propose legislative rules for promulgation in
accordance with the provisions of article three, chapter twenty-
nine-a of this code to carry out and implement the provisions of
this article and to develop and implement a system for the
determination of that portion, if any, of undue roadway damage that is attributable to use by coal resource transportation road permit
holders; requiring the commissioner to assess pro-rata damages
against permit holders, shippers, receivers and companies
identified by the director of the enforcement division as using
said routes; and requiring the companies to pay the assessed damage
to the division of highways within thirty days of the receipt of
the notice of assessment or become subject to penalties.
(d) The commissioner of the division of highways shall make an
annual report to the joint committee on government and finance on
or before the fifteenth day of January relating to the manner and
extent to which the use of coal resource transportation road
permits has affected the roads and highway comprising the coal
resource transportation road system; the estimated amount of
related damage, if any; the total amount of assessments made by the
commissioner; and the amount of the assessments received by the
commissioner on such assessments.
§17C-17A-4. Special permit issuance; and promulgation of rules.
(a) The commission may issue permits to authorize the hauling
of coal of a greater gross and axle weight than otherwise
authorized by state law on roads designated by the commissioner of
highways as coal resource transportation roads.
(b) Notwithstanding the provisions of section three, article
one, chapter twenty-nine-a, the commission shall promulgate
emergency and legislative rules to effectuate purposes of this section, which shall provide, at a minimum, the following:
(1) Twenty-four hours mandatory specialized training
requirements for commercial vehicles operators with less than two
years of commercial driving experience;
(2) Requirements for random drug and alcohol testing; and
(3) Requirements for daily records consistent with the
provisions of any applicable federal statutory or regulatory
requirements;
§17C-17A-5. Operation of coal trucks under special permits; weight
limitations; payment of permit fees.
(a) Any vehicle, when transporting coal over certain public
highways, designated as coal resource transportation roads by the
commissioner of the department of highways, may be operated at the
weights as set forth herein in excess of the maximum gross weight
prescribed in section nine, article seventeen, chapter seventeen-c
of this code and any other maximum weight limitations on any public
highway by paying the corresponding special permit fee and
otherwise complying with the provisions of this article.
(b) Special permits shall be issued subject to the following
requirements:
(1) A single unit truck having one steering axle and two axles
in tandem shall be limited to a maximum gross weight of eighty
thousand pounds with a tolerance of five percent and pay a special
permit fee annually of one hundred dollars;
(2) A single unit truck having one steering axle and three
axles in tridem arrangement shall be limited to a maximum gross
weight of ninety thousand pounds with a tolerance of five percent
and pay a special permit fee annually of one hundred sixty dollars;
(3) A tractor-semitrailer combination with five axles shall be
limited to a maximum gross weight of one hundred ten thousand
pounds with a tolerance of five percent and pay a special permit
fee annually of three hundred dollars;
(4) A tractor-semitrailer combination with six or more axles
shall be limited to a maximum gross weight of one hundred twenty
thousand pounds with a tolerance of five percent and pay a special
permit fee annually of five hundred dollars.
(c) The axle loads set forth in subsection (b) of this section
may in no event exceed the maximum axle load allowable based upon
the minimum axle spacings as determined by the division of highways
in accordance with generally accepted industry standards and bridge
loading analysis.
(d) In order to qualify for issuance of a special permit, the
applicant must provide information that demonstrates that the
vehicle, as configured, has a total combined axle rating capacity
equal to or greater than the maximum amount of weight for which a
special permit is sought. The information may include, but not be
limited to, manufacturer's rated capacity. In the event that
manufacturer's rated capacity is not available, such other information as reasonably determined by the secretary of the
department of transportation to give evidence of adequate combined
axle rating capacity may be submitted.
(e) Special permits authorized by this section shall be issued
by the commission on such forms as it may prescribe and furnish.
The special permit indicium shall be permanently affixed
immediately below the window glass on the top of the door on the
driver's side of the vehicle. Lost, destroyed, stolen or otherwise
unusable special permits indicia shall be replaced in accordance
with legislative rules to be promulgated by the commission. The
special permit indicium shall be issued to a particular vehicle and
shall remain with the vehicle upon transfer of possession or
ownership of such vehicle.
(f) Special permits issued pursuant to the provisions of this
article shall be valid for a period of one year from the date of
purchase: Provided, That no renewal permits shall be issued to any
permittee who, at the time of such renewal, has any administrative
or criminal actions pending relating to the operation of commercial
motor vehicles in this or other states.
(g) For purposes of this section, the dimensional requirements
of motor vehicles shall conform to all applicable federal laws and
regulations. Nothing in this section may be construed or
administered so as to jeopardize the receipt of federal funds for
highway purposes.
(h) Any operator of a vehicle with a special permit issued
under the provisions of this article shall submit the vehicle or
combination of vehicles to weighing with portable or stationary
weighing devices as required by section ten, article seventeen of
this chapter. Any driver or owner of a vehicle or combination of
vehicles operating under the provisions of this section who fails
or refuses to comply with any requirement of section ten, article
seventeen of this chapter shall forfeit all privileges granted by
the special permits.
(i) Any vehicle or combination of vehicles transporting coal
pursuant to the provisions of this article shall be securely
covered to prevent the escape of the load on any trip exceeding a
total distance of one mile on any public highway.
(j) The commission shall propose rules in accordance with the
provisions of article three, chapter twenty-nine-a of this code
regarding the implementation of the requirements of this section.
The rules shall be initially promulgated as emergency rules
pursuant to the provisions of article three, chapter twenty-nine-a
of this code by no later than the first day of July two thousand
three.
(k) The payment of the special permit fee shall be in addition
to any state registration fee, user fee or other decal fee.
(l) All revenues generated pursuant to this section shall be
credited to a special account within the road fund which is hereby created and shall be designated as the "coal resource
transportation road fund." All such road funds shall be used, in
addition to regularly appropriated funds, by the division of
highways for construction, maintenance, and repair of public
highways and bridges over which substantial quantities of coal are
transported.
(m) For periods of less than one year, the permit fee imposed
by subsection (b)of this section shall be prorated to the nearest
month.
§17C-17A-6. Reporting requirements for shippers, vehicle owners
and receivers of coal transported on public highways.
(a) Every shipper of coal for transport on a public highway in
this state must report to the commission weight and other transport
related data as required by the commission. The commission shall
by rule establish special recording and reporting methods for
timely and accurate disclosure of all shipments of coal made by a
vehicle upon a public highway of this state.
(b) Every vehicle owner who transports coal on a public
highway of this state is subject to the provisions of this article
and any rules established by the commission requiring reporting,
monitoring or removal from service of any unsafe vehicle or driver.
(d) The commission shall by rule establish special recording
and reporting methods for timely and accurate disclosure of all
shipments of coal made by commercial motor vehicles upon a public
highway of this state.
§17C-17A-7. Permit application procedure.
The commission shall propose in accordance with provisions of
article three, chapter twenty-nine-a of this code by emergency and
legislative rules, filed no later than the first day of July two
thousand three, a permit application procedure for the issuance of
permits pursuant to the authority contained within this article.
§17C-17A-8. Powers and duties of the commission; rules and
rulemaking.
In addition to all other powers, duties, responsibilities and
authority granted and assigned to the commission in this code and elsewhere prescribed by law, notwithstanding any provision of the
code to the contrary:
(1) Notwithstanding the provisions of section three, article
one, chapter twenty-nine-a of this code, the commission shall
promulgate rules in accordance with the provisions of article
three, chapter twenty-nine-a of this code to carry out the
provisions of this article including modifying any existing rules
and establishing permit application fees up to an amount sufficient
to defray the costs of permit review;
(2) The commission or any authorized representative, employee
or agent may, at reasonable times, enter onto any coal shipping or
receiving facility for the purpose of making an inspection or
investigation;
(3) The commission may also perform or require a person, by
order, to perform any and all acts necessary to carry out the
provisions of this article or the rules promulgated thereunder;
(4) The commission, its authorized representative, employee or
agent shall make periodic inspections at coal shipping or receiving
facilities to effectively implement and enforce the requirements of
this article or its rules and may conduct at weigh stations or any
other adequate site or facility inspections of coal in transit.
§17C-17A-9. Administrative sanctions.
(a) This section imposes criminal penalties and administrative
sanctions for violations occurring on the coal resource transportation system. It is the intent of the Legislature to
impose administrative sanctions in addition to any criminal or
civil penalties upon any person violating or assisting in the
violation of the provisions of this article.
(b) After providing notice and an opportunity to show cause
why penalties should not be imposed for the violation of provisions
of this article, the commission may impose sanctions upon an
operator, shipper, receiver or truck owner when a violation is
found to have occurred.
(c) Administrative sanctions for violations may be imposed as
follows:
(1) It is unlawful for any person to operate a commercial
motor vehicle engaged in the transportation of coal with a gross
vehicle weight in excess of the lawful maximum weight on a coal
resource transportation road without a permit required by section
five, of this article. Any person violating this subsection shall
have his or her driver's license suspended by the commissioner of
the division of motor vehicles for a period of ninety days for the
first offense, six months for the second offense, and one year for
the third offense: Provided, That in the case of a permit, expired
for less than thirty days, the operator my present a valid permit
to the commission of motor vehicles within five days of the date of
the offense in order to avoid the penalty.
(2) Any owner of a commercial motor vehicle engaged in the transportation of coal operating without an excess weight hauling
permit and bearing a gross vehicle weight in excess of the lawful
maximum weight for the public highway who allows the operation of
that vehicle upon a coal resource transportation road of this state
shall have any state-issued hauling permit then in force suspended
by the commission for a period of ninety days for the first
offense, six months for the second offense, and revoked for the
third offense: Provided, That in the case of a permit, expired for
less than thirty days, the operator my present a valid permit to
the commission of motor vehicles within five days of the date of
the offense in order to avoid the penalty.
(3) Any operator who operates a vehicle engaged in the
transportation of coal that has been issued an excess weight
hauling permit by the division upon the coal resource
transportation road system, shall have his or her driver's license
suspended by the commissioner of the division of motor vehicles for
a period of three days for the first offense, thirty days for the
second offense, and six months for the third offense.
(4) Any owner of a vehicle engaged in the transportation of
coal that has been issued an excess weight hauling permit by the
commission who allows the operation of that vehicle upon the coal
resource transportation road system shall have the excess weight
hauling permit suspended by the commission for a period of three
days for the first offense, thirty days for the second offense, and revoked for the third offense.
(5) Any operator who operates a vehicle engaged in the
transportation of coal with a suspended excess weight hauling
permit at a weight in excess of the limits imposed by article
seventeen of this chapter upon the coal resource transportation
system shall have his or her driver's license suspended by the
commissioner of the division of motor vehicles for a period of six
months for the first offense, twelve months for the second offense,
and two years for the third offense; Provided, That if the operator
is additionally the owner of the vehicle, the owner penalties set
forth below shall apply.
(6) Any owner of a vehicle engaged in the transportation of
coal with a suspended excess weight hauling permit who allows the
operation of that vehicle upon the roads or highways of this state
during a period of permit suspension at a weight in excess of the
limits imposed by article seventeen of this chapter shall have all
state-issued hauling permits then in force suspended by the
commission or, if applicable, the commissioner of highways for a
period of twelve months for the first offense, two years for the
second offense, and revoked for the third offense.
(7) Any person who falsifies information relating to the
acquisition of a hauling permit shall have his or her driver's
license suspended by the commissioner of the division of motor
vehicles for a period of sixty days for the first offense, one hundred twenty days for the second offense, and six months for the
third offense.
(8) Any person regulated pursuant to this article that
falsifies information relating to the acquisition of a hauling
permit shall have its state-issued business license suspended by
the commissioner of the state tax division for a period of six
months for the first offense, one year for the second offense, and
two years for the third offense.
(9) Any person who fabricates or displays an altered, forged,
or counterfeited permit shall have his or her driver's license
suspended by the commissioner of the division of motor vehicles for
a period of sixty days for the first offense, one hundred twenty
days for the second offense, and revoked for the third offense.
(10) Any person that bribes or attempts to bribe an employee
of the state of West Virginia, or who gives an employee of the
state of West Virginia a gift, gratuity, entertainment, loan, favor
or other thing of monetary value for the purpose of avoiding any
penalties permitted under this article shall have his or her state-
issued hauling permit then in force suspended by the commission for
a period of sixty days for the first offense, one hundred twenty
days for the second offense, and revoked for the third offense.
(11) In the case of multiple violations by a permittee,
shipper, operator or receiver, the commission may direct that the
imposed suspension be served concurrently or consecutively, taking into account the frequency of violations committed during the
inclusive time periods, or in the same course of misconduct, to
constitute one or more violations, if the commission determines
that sufficient mitigating or aggravating circumstances are
present.
(d) Without providing a hearing, the commission may
immediately suspend a person from obtaining permits or operating
under permit authority for failure to pay a fee required under this
article until proper payment is received.
(e) Without providing a hearing, the commission and law
enforcement personnel may immediately confiscate an altered,
forged, or counterfeited permit, or a permit used in violation of
its terms and conditions. Upon issuance of a citation alleging a
violation of this subdivision, the vehicle and its load shall be
impounded by law enforcement personnel until such time as a hearing
on the matter is conducted by the division.
(f) Administrative sanctions may be imposed pursuant to the
following procedures:
(1) No administrative sanction may be imposed until after the
person has been notified by certified mail or personal service.
The notice shall include: a reference to the section of statute,
rule, order, or permit violated; a concise statement of the facts
alleged to constitute a violation; a statement of the
administrative penalties to be imposed; and a statement of the person's right to a hearing. The person shall have twenty days
from receipt of the notice within which to deliver to the
commission a written request for a hearing.
(2) Subsequent to the hearing and upon finding that a
violation has occurred, the commission shall issue a final order.
If no hearing is requested, the notice shall become a final order
upon the expiration of the twenty-day period.
(3) For purposes of the enhanced penalty provisions of this
section, the second and subsequent offenses shall be calculated on
per year basis.
§17C-17A-10. Criminal penalties for violation of weight laws;
impounding vehicles.
(a) Any owner, lessee or borrower of a commercial motor
vehicle or combination of vehicles transporting coal who operates
or permits to be operated on any highway such vehicle or
combination of vehicles 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 five of this article, is
guilty of a misdemeanor and, upon conviction thereof, shall be
punished by a fine scheduled in proportion to the number 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
following schedule.
Excess WeightAmount of Fine
1 to 4,000 pounds1 cent per overweight pound
4,001 to 8,000 pounds3 cents per overweight pound
8,001 to 12,000 pounds7 cents per overweight pound
12,001 to 16,000 pounds10 cents per overweight pound
16,001 to 20,000 pounds15 cents per overweight pound
20,001 to 40,000 pounds30 cents per overweight pound
40,001 pounds or more45 cents per overweight pound
(b) Upon a second or subsequent conviction within two years
thereafter, the owner, lessee or borrower shall be punished by a
fine according to the following schedule:
Excess WeightAmount of Fine
1 to 4,000 pounds 1 cent per overweight pound
4,001 to 8,000 pounds5 cents per overweight pound
8,001 to 12,000 pounds10 cents per overweight pound
12,001 to 16,000 pounds15 cents per overweight pound
16,001 to 20,000 pounds20 cents per overweight pound
20,001 to 40,000 pounds40 cents per overweight pound
40,001 pounds or more80 cents per overweight pound
(c) The fines specified in subsections (a) and (b) of this
section are mandatory and may not be waived or reduced by any
judicial officer.
(d) In the event any owner, lessee or borrower of a vehicle is
charged with violating this section, the vehicle charged to have been overloaded shall be impounded by the arresting officer. The
vehicle shall not be released to the alleged offender or the owner
unless and until he or she either has: (1) Been acquitted of the
charge; (2) been found guilty of the charge and paid any fine
assessed under subsection (a) or (b); or (3) furnished cash or
surety bond in at least double the amount of the fine which may be
assessed the offender under subsection (a) or (b) conditioned upon
the payment of any fine and costs assessed for such violation. The
offender is liable for any reasonable storage costs incurred in
storing impounded vehicles: Provided, That if the owner of the
vehicle is a resident of or has a principal place of business
located in this state, and the vehicle has been duly licensed in
the state, then the vehicle may not be impounded by the arresting
officer who shall deliver to the operator a written notice of the
violation; place, date, and time of violation; the license number
of the vehicle; the title number and name and address of the owner;
the driver's name, address, and the number of his or her commercial
driver's license; and the court, place, date and time for hearing,
which shall be within ten days of the violation (Saturdays,
Sundays, and holidays excluded). A copy of the notice shall be
mailed to the owner of the vehicle within forty-eight hours. If
the owner or his, her or its agent fails to appear at the
designated place and time or, if convicted, fails to pay the fine
and costs assessed for the violation, the court shall order the owner to post a bond or the impounding of the vehicle as provided
in this section.
(e) Any shipper or receiver who directs or knowingly permits
a commercial motor vehicle to be loaded in excess of registered
weight, allowable weights for single axle or allowable weights for
groups of two or more consecutive axles, is also guilty of a
misdemeanor and, upon conviction, shall be punished by a fine equal
to that which may be imposed on the owner, lessee or borrower of a
commercial motor vehicle under subsection (a).
(f) The penalties and fees specified in this section shall be
in addition to any other liability that may be legally fixed
against the owner, operator or other person charged with a weight
violation.
§17C-17A-11. Effective date.
Criminal and administrative penalties imposed by this article
shall take effect on the first day of July two thousand three.
1. §17C-17A-12. Designating special coal resource transportation
roads, highways and bridges.
(a) From those counties and districts described in subdivision
(a), section two of this article, the commissioner of the division
of highways shall identify those public roads, highways and bridges
utilized during the previous twelve month periods for
transportation quantities of coal in excess of fifty thousand tons,
or projected to be utilized for transporting quantities of coal in excess of fifty thousand tons during the ensuing year. The
identification process shall include the following as to each
discretely identifiable section of the public highway:
(1) The current condition of the public roads, highways and
bridges;
(2) The estimated quantities of coal transported;
(3) Any planned or necessary maintenance or improvement;
(4) Number of truck loads of coal transported in an average
day;
(5) Any anticipated increase or decrease in the quantity of
coal being transported; and
(6) Other information determined by the commissioner to be
relevant.
(b) Upon completion of the identification process, but in no
event later than the first day of July two thousand three the
commissioner shall designate by order an interim coal resource
transportation road system consisting of those public roads,
highways, bridges or segments thereof which may be utilized as
special coal haulage roads consistent with the authority contained
in this article. The commissioner shall establish a process for
the receipt and evaluation of public comment on the designations
contained within the interim coal resource transportation road
system.
The commissioner shall publish a directory, including
supporting maps and other documents, of the interim coal resource transportation road system.
(c) By no later than the first day of January two thousand
four, the commissioner shall designate by order the coal resource
transportation road system and shall publish a directory, including
supporting maps and other documents, of that road system.
(d) The commissioner shall establish a process for periodic
evaluation of the designations contained in the coal resource
transportation road system in order to add to or delete from such
road system certain additional sections of public highways:
Provided, That such evaluations and modifications of the road
system shall be completed at a minimum on an annual basis.
§17C-17A-13. Authority of the commissioner of the division of
highways relating to road and bridge repair on designated coal
resource transportation road.
(a) In addition to all other powers provided by law to the
commissioner of highways, he or she may enter into agreements with
motor vehicle operators or owners holding or applying for permits
issued pursuant to this article, or with such other persons, for
the purpose of replacing, repairing, widening, reconstructing,
altering, improving, or maintaining public highways used for coal
resource transportation.
(b) All such moneys collected by the commissioner shall be
deposited in a special account created within the state road fund,
known as the coal resource transportation fund, to be expended for the purposes set forth in subsection (a) of this section.
(c) The commissioner may, upon application, allow the
operation or movement of a vehicle or combination of vehicles for
a distance not to exceed five miles, such vehicles or combination
of vehicles of a size or weight or loading exceeding the maximum
specified in this chapter or otherwise not in conformity with the
provision of this chapter, whether the operation be continuous or
not, provided the applicant shall agree to compensate the
department of highways for all damages or expenses incurred in
connection with such operation.
§17C-17A-14.
Exclusion of off-road vehicles.
Notwithstanding any other provisions of state law to the
contrary, no provisions of this article shall apply to coal hauling
vehicles operating off-road or vehicles designed for off-road use.
§17C-17A-15. Exclusion of interstate highways.
Notwithstanding any other provisions of state law to the
contrary, no provisions of this article shall apply to the
interstate highways in West Virginia.
ARTICLE 17B. TRANSFER OF CERTAIN JURISDICTION AND EMPLOYEES TO
PUBLIC SERVICE COMMISSION.
§17C-17B-1. Legislative findings and purposes.
(a) The Legislature finds that:
(1) Enforcement officers of the public service commission of
West Virginia are, as part of their enforcement of chapters twenty-four and twenty-four-a of this code with respect to common and
contract carriers by motor vehicle, other for-hire carriers, and
private commercial carriers, currently inspecting for safety many
of the same vehicles and loads that are inspected for size and
weight by employees of the department of transportation;
(2) To effectuate the legislative findings and declarations
set forth in section one, article one, chapter five-f of this code,
the jurisdiction over the administration and enforcement of state
statutes and rules relating to vehicular weight and the
jurisdiction over the issuance of permits for excess vehicular
weight should be transferred to the public service commission;
(3) To preserve continuity and to maximize efficiency, those
employees of the department of transportation who are employed
primarily in the performance of the governmental duties described
in this section should be transferred to the public service
commission;
(4) The enforcement of state statutes and rules relating to
coal truck weight, including costs of inspections of such vehicles
and loads, training of enforcement officers, program oversight,
administrative proceedings, personal services, employee benefits
and all other costs associated with enforcement matters, falls
within the scope of maintenance of state roads and public highways
as described in section fifty-two, article six of the constitution
of this state and in section one, article three, chapter seventeen of this code; and
(5) Revenues in the state road fund, established pursuant to
the provisions of section one, article three, chapter seventeen, of
this code shall be used to fund costs relating to enforcing the
provisions of this article and article seventeen-a of this chapter.
(b) The purposes of this article are:
(1) To transfer jurisdiction over the enforcement of state
statutes and rules, including but not limited to the provisions of
article seventeen-a of this chapter, relating to coal truck weight,
from the commissioner of highways, division of highways, and
department of transportation to the public service commission of
West Virginia;
(2) To transfer jurisdiction over the issuance of permits for
excess vehicular weight under section eleven, article seventeen, of
this chapter, from the commissioner of highways, division of
highways, and department of transportation to the public service
commission of West Virginia; and
(3) To transfer to the public service commission of West
Virginia those employees of the division of highways and department
of transportation whose primary governmental duties include the
administration and enforcement of statutes and rules relating to
vehicular weight.
§17C-17B-2. Transfer of jurisdiction over vehicle weight
enforcement and excess weight permit issuances to public service commission.
(a) Effective the first day of July, two thousand three, the
jurisdiction over the enforcement of state statutes and rules,
including but not limited to applicable provisions of article
seventeen of this chapter, relating to vehicular weight, shall be
transferred from the commissioner of highways, division of
highways, and department of transportation to the public service
commission of West Virginia.
(b) Effective the first day of July, two thousand three, the
jurisdiction over the issuance of permits for excess vehicular
weight shall be transferred from the commissioner of highways,
division of highways, and department of transportation to the
public service commission of West Virginia.
§17C-17B-3. Transfer of certain employees from department of
transportation to public service commission.
(a) Effective the first day of July, two thousand three,
employees of the division of highways, department of transportation
whose primary governmental duties as of the thirtieth day of June,
two thousand three, included the administration and enforcement of
state statutes and rules relating to vehicular weight or the
issuance of permits for excess vehicular weight shall be
transferred from the division of highways and department of
transportation to the public service commission of West Virginia.
(b) Upon the transfer of employees as provided in subsection a of this section, the division of highways of the department of
transportation shall pay to the public service commission the costs
of personal services, employees benefits and other associated costs
of the transferred employees. The funds necessary to effectuate
the purposes of this section shall be transferred from the state
road fund to the public service commission motor carrier fund.
§17C-17B-4. Costs of enforcement to be funded from revenues in
state road fund.
(a) On and after the first day of July, two thousand three,
costs of enforcement of state statutes and rules relating to
vehicular weight, including inspections of vehicles and loads,
training of enforcement officers, administrative proceedings,
personal services, employees benefits and all other costs
associated with enforcement matters, shall be funded by revenues in
the state road fund, established pursuant to the provisions of
section one, article three, chapter seventeen of this code.
(b) The commissioner of highways and the treasurer shall take
all actions necessary to implement the transfer of funding to
effectuate the purposes of this article.
§17C-17B-5. Exceptions.
(a) Nothing in this article may be construed to reduce or
eliminate the authority of any police officer to enforce the
provisions of article seventeen of this chapter.
(b) Nothing in this article may be construed to reduce or eliminate the jurisdiction of the commissioner of highways,
division of highways, or department of transportation to administer
and enforce sections eleven-a, eleven-b, eleven-c, and twelve,
article seventeen, of this chapter.
(c) Nothing in this article may be construed to expand,
reduce, or eliminate any remedies otherwise available by law.
CHAPTER 17E. UNIFORM COMMERCIAL DRIVER'S LICENSE ACT.
ARTICLE 1. COMMERCIAL DRIVER'S LICENSE.
§17E-1-3. Definitions.
Notwithstanding any other provision of this code, the following
definitions apply to this article:
"Alcohol" means:
(a) Any substance containing any form of alcohol, including,
but not limited to, ethanol, methanol, propanol and isopropanol;
(b) Beer, ale, port or stout and other similar fermented
beverages (including sake or similar products) of any name or
description containing one half of one percent or more of alcohol
by volume, brewed or produced from malt, wholly or in part, or from
any substitute therefor;
(c) Distilled spirits or that substance known as ethyl
alcohol, ethanol, or spirits of wine in any form (including all
dilutions and mixtures thereof from whatever source or by whatever
process produced); or
(d) Wine of not less than one half of one percent of alcohol by volume.
"Alcohol concentration" means:
(a) The number of grams of alcohol per one hundred milliliters
of blood; or
(b) The number of grams of alcohol per two hundred ten liters
of breath; or
(c) The number of grams of alcohol per sixty-seven milliliters
of urine.
"Commercial driver license" means a license issued in
accordance with the requirements of this article to an individual
which authorizes the individual to drive a class of commercial
motor vehicle.
"Commercial driver license information system" is the
information system established pursuant to the federal commercial
motor vehicle safety act to serve as a clearinghouse for locating
information related to the licensing and identification of
commercial motor vehicle drivers.
"Commercial driver instruction permit" means a permit issued
pursuant to subsection (d), section nine of this article.
"Commercial motor vehicle" means a motor vehicle designed or
used to transport passengers or property:
(a) If the vehicle has a gross vehicle weight rating as
determined by federal regulation;
(b) If the vehicle is designed to transport sixteen or more passengers, including the driver; or
(c) If the vehicle is transporting hazardous materials and is
required to be placarded in accordance with 49 C.F.R. part 172,
subpart F.
"Commissioner" means the commissioner of motor vehicles of
this state.
"Controlled substance" means any substance so classified under
the provisions of chapter sixty-a of this code (uniform controlled
substances act) and includes all substances listed on Schedules I
through V, article two of said chapter sixty-a, as they may be
revised from time to time.
"Conviction" means the final judgment in a judicial or
administrative proceeding or a verdict or finding of guilty, a plea
of guilty, a plea of nolo contendere or a forfeiture of bond or
collateral upon a charge of a disqualifying offense, as a result of
proceedings upon any violation of the requirement of this article.
"Division" means the division of motor vehicles.
"Disqualification" means a prohibition against driving a
commercial motor vehicle.
"Drive" means to drive, operate or be in physical control of
a motor vehicle in any place open to the general public for
purposes of vehicular traffic. For purposes of sections twelve,
thirteen and fourteen of this article "drive" includes operation or
physical control of a motor vehicle anywhere in this state.
"Driver" means any person who drives, operates or is in
physical control of a commercial motor vehicle, in any place open
to the general public for purposes of vehicular traffic, or who is
required to hold a commercial driver license.
"Driver license" means a license issued by a state to an
individual which authorizes the individual to drive a motor vehicle
of a specific class.
"Employee" means a person who is employed by an employer to
drive a commercial motor vehicle, including independent
contractors. An employee who is self-employed as a commercial
motor vehicle driver must comply with both the requirements of this
article pertaining to both employees and employers.
"Employer" means any person, including the United States, a
state, or a political subdivision of a state, who owns or leases a
commercial motor vehicle, or assigns a person to drive a commercial
motor vehicle.
"Farm vehicle" includes a motor vehicle or combination vehicle
registered to the farm owner or entity operating the farm and used
exclusively in the transportation of agricultural or horticultural
products, livestock, poultry and dairy products from the farm or
orchard on which they are raised or produced to markets, processing
plants, packing houses, canneries, railway shipping points and cold
storage plants and in the transportation of agricultural or
horticultural supplies and machinery to such farms or orchards to be used thereon.
"Farmer" includes owner, tenant, lessee, occupant or person in
control of the premises used substantially for agricultural or
horticultural pursuits, who is at least eighteen years of age with
two years licensed driving experience.
"Farmer vehicle driver" means the person employed and
designated by the "farmer" to drive a "farm vehicle" as long as
driving is not his sole or principal function on the farm, who is
at least eighteen years of age with two years licensed driving
experience.
"Gross combination weight rating (GCWR)" means the value
specified by the manufacturer as the loaded weight of a combination
(articulated) vehicle. In the absence of a value specified by the
manufacturer, GCWR will be determined by adding the GVWR of the
power unit and the total weight of the towed unit and any load
thereon.
"Gross vehicle weight rating (GVWR)" means the value specified
by the manufacturer as the loaded weight of a single vehicle. In
the absence of a value specified by the manufacturer the GVWR will
be determined by the total weight of the vehicle and any load
thereon.
"Hazardous materials" has the meaning as that found in the
Hazardous Materials Transportation Act (
§
49 U.S.C. 5101 et seq.
(1998)).
"Motor vehicle" means every vehicle which is self-propelled,
and every vehicle which is propelled by electric power obtained
from overhead trolley wires but not operated upon rails.
"Out-of-service order" means a temporary prohibition against
driving a commercial motor vehicle as a result of a determination
by a federal agency or the public service commission, pursuant to
chapter twenty-four-a of this code, that: (a) The continued use of
a commercial motor vehicle may result in death, serious injury or
severe personal injury; or (b) the continued actions by the driver
of a commercial motor vehicle poses an imminent hazard to public
safety.
"Violation of an outofservice order" means: (a) The operation
of a commercial motor vehicle during the period the driver was
placed out of service; or (b) the operation of a commercial motor
vehicle by a driver after the vehicle was placed out of service and
before the required repairs are made.
"Serious traffic violation" means:
(a) Excessive speeding defined as fifteen miles per hour in
excess of all posted limits;
(b) Reckless driving as defined in section three, article
five, chapter seventeen-c of this code including erratic lane
changes and following the vehicle ahead too closely;
(c) A violation of state or local law relating to motor
vehicle traffic control (other than a parking violation) arising in connection with a fatal traffic accident. Vehicle weight and
vehicle defects are excluded as serious traffic violations, except
as to violations committed by a special permittee on the coal
resource transportation system; or
(d) Any other serious violations as may be determined by the
U.S. United States Secretary of Transportation.
"State" means a state of the United States and the District of
Columbia.
"Tank vehicle" means any commercial motor vehicle that is
designed to transport any liquid or gaseous materials within a tank
that is either permanently or temporarily attached to the vehicle
or the chassis. Such vehicles include, but are not limited to,
cargo tanks and portable tanks, as defined in 49 C.F.R. Part 171
(1998). However, this definition does not include portable tanks
having a rated capacity under one thousand gallons.
"At fault traffic accident" means for the purposes of waiving
the road test, a determination, by the official filing the accident
report, of fault as evidenced by an indication of contributing
circumstances in the accident report.
§17E-1-7. Commercial driver's license required; disqualification
for driving without valid license.
(a) On or after the first day of April, one thousand nine
hundred ninetytwo, except Except when driving under a commercial
driver's instruction permit accompanied by the holder of a commercial driver's license valid for the vehicle being driven, no
person may drive a commercial motor vehicle unless the person holds
a commercial driver's license and applicable endorsements valid for
the vehicle they are he or she is driving.
(b) No person may drive a commercial motor vehicle while their
his or her driving privilege is suspended, revoked, canceled,
expired, subject to a disqualification, or in violation of an
outofservice order.
(c) Drivers A driver of a commercial motor vehicle must have
a commercial driver's license in their his or her possession at all
times while driving.
(d) The commissioner shall suspend for a period of ninety days
the driving privileges of any person who is convicted of operating
a commercial motor vehicle without holding a valid commercial
driver's license and the applicable endorsements valid for the
vehicle he or she is driving or for any conviction for operating a
commercial motor vehicle while disqualified from operating a
commercial motor vehicle. Any person not holding a commercial
driver's license who is convicted of an offense that requires
disqualification from operating a commercial motor vehicle shall
also be disqualified from eligibility for a commercial driver's
license for the same time periods as prescribed in federal law or
rule or this chapter for commercial driver's license holders.
CHAPTER 24A. COMMERCIAL MOTOR CARRIERS.
ARTICLE 1A. COMMERCIAL VEHICLE REGULATION.
§24A-1A-1. Regulation of commercial vehicle weights.
(a) Effective the first day of January, two thousand three,
the commission has jurisdiction over the enforcement of state
statutes and rules, including but not limited to applicable
provisions of articles seventeen and seventeen-a of chapter
seventeen-c of this code, relating to vehicular weight.
(b) Effective the first day of January, two thousand three,
the commission has jurisdiction over the issuance of permits for
excess vehicular weight.
(c) Effective the first day of January, two thousand three,
employees of the division of highways, department of
transportation, whose primary governmental duties as of the
thirtieth day of June, two thousand two, included the
administration and enforcement of state statutes and rules relating
to vehicular weight or the issuance of permits for excess vehicular
weight shall be transferred from the division of highways and
department of transportation to the commission.
(d) The commission shall implement and administer the
provisions of this section, and of articles six, six-a and six-b of
this chapter.
§24A-1A-2. Creation of advisory committee; purpose; members;
terms.
(a) There is hereby created the commercial motor vehicle weight and safety enforcement advisory committee, the purpose of
which is to study the implementation of the commercial motor
vehicle weight and safety enforcement program set forth in this
article.
(b) The committee consists of the following members:
(1) One member who is an employee of the division of highways,
to be appointed by the commissioner of highways;
(2) One member who is an employee of the public service
commission, to be appointed by the chairman of the public service
commission;
(3) One member who is a state police officer, to be appointed
by the superintendent of the state police;
(4) One member who is an employee of the division of motor
vehicles, to be appointed by the commissioner of motor vehicles;
(5) One member who is an employee of the development office,
to be appointed by the governor;
(6) One member who is representative of the coal industry, to
be appointed by the governor;
(7) One member of the senate, to be appointed by the president
of the senate;
(8) One member of the house of delegates, to be appointed by
the speaker of the house of delegates; and
(9) One citizen member, to be appointed by the governor.
(c) Members shall serve for terms of three years. No member may be appointed to serve more than two consecutive terms.
(d) The committee shall annually nominate from its members a
chair, who shall hold office for one year.
(e) The committee shall hold at least four meetings each year,
or more often as may, in the discretion of the chair, be necessary
to effectuate the purposes of this article.
(f) The public members of the committee may receive
compensation for attendance at official meetings, not to exceed the
amount paid to members of the Legislature for their interim duties
as recommended by the citizens legislative compensation commission
and authorized by law.
(g) Committee members may be reimbursed for actual and
necessary expenses incurred for each day or portion thereof engaged
in the discharge of committee duties in a manner consistent with
guidelines of the travel management office of the department of
administration.
(h) On or before the first day of January, two thousand four
and each subsequent year thereafter, the committee shall submit to
the governor and to the Legislature a report of its recommendations
for improving the effectiveness of the commercial vehicle weight
and safety enforcement program.
(i) The commercial vehicle weight and safety enforcement
advisory committee shall continue to exist until the first day of
July, two thousand seven, pursuant to the provisions of article ten, chapter four of this code, unless sooner terminated, continued
or reestablished pursuant to the provisions of that article.