H. B. 2493


(By Delegates Caputo, Manchin, Coleman,

Kuhn, Perdue, Hatfield and Brown)


[Introduced January 22, 2003; referred to the

Committee on Roads and Transportation then the Judiciary.]
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; to amend said chapter by adding thereto two new articles, designated articles seventeen-a and seventeen-b; to amend and reenact section three, 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; decreasing speed limits and 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 public highways; defining terms; directing public service commission to administer commercial vehicle weights and measures; providing that the division of highways administers all aspects of weight and safety requirements for public highways; authorizing the public service commission to promulgate emergency and legislative rules; providing special operator and vehicle requirements; 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 of vehicles transporting coal; creating criminal penalties for spotting for another vehicle; providing for the 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 the public service commission; providing that the transfer of these duties does not alter other law-enforcement agencies authority; and removing weight from this list of nonserious traffic violations.

 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 chapter be further amended by adding thereto two new articles, designated articles seventeen-a and seventeen-b; that section three, 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 LAWS 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) The speed limit for any commercial motor vehicle engaged in the transportation of coal with a gross vehicle weight of twenty-six thousand pounds or more shall be five miles per hour less than the speed limit applicable to other vehicles on that road, highway or street.
(e) (f) 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) (g) 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) (h) 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.
(i) Any person operating a commercial motor vehicle engaged in the transportation of coal who violates subsection (e) of this section by exceeding the speed limit therein declared by ten miles per hour or more shall, upon conviction, be fined not less than one thousand dollars, plus court costs. Upon conviction for a second and each subsequent offense, such fine shall be no less than two thousand dollars, plus court costs.
(j) 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) (k) 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. but only if such weighing device is within two miles of the place where the vehicle or combination of vehicles is stopped
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 an 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, subject to 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.
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 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 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; 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.
§17C-17A-2. Definitions.
For purposes of this article:
(a) "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).
(b) "Commission" means the public service commission of West Virginia.
(c) "Division" means the division of highways within the department of transportation.
(d) "Mining operation" means any activity related to extraction of coal regulated under the provisions of this code.
(e) "Operator" means the person driving a commercial motor vehicle transporting coal on any public highway of this state.
(f) "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.
(g) "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.
(h) "Receiver" means the person who accepts for unloading coal from any vehicle that has operated on any public highway in this state.
(i) "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 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.
(b) The commission shall implement a study of commercial vehicle safety related issues, including utilizing higher education institutions and other research organizations.
(c) 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.
(d) Notwithstanding the provisions of section three, article one, 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.
§17C-17A-4. Coal truck operation requirements.
(a) 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;
(3) Requirements for daily records consistent with the provisions of any applicable federal statutory or regulatory requirements.
§17C-17A-5. Operation of coal trucks; authorizing commission to promulgate rules.

(a) 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.
(b) 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.
(c) 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.
§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 any unsafe vehicle or driver.
(c) Every receiver of coal transported on a public highway in this state that unloads coal or causes it to be unloaded must report the weight of any vehicle delivering the coal.
(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. The commission shall by rule establish a schedule to assess a fee on shippers and receivers of coal based on the method used to report weight-shipping records.
§17C-17A-7. Powers and duties of the commission; rules and rule making.

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, the commission:
(1) 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;
(2) 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;
(3) 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-8. Administrative sanctions.
(a) 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. Lack of intent is not a defense to a violation except as it applies to receivers.
(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 public highway. 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.
(2) Any shipper or receiver that ships or receives an overweight coal load transported by a vehicle in violation of the law shall have its state-issued business license suspended by the commissioner of the state tax division for a period of ninety days for the first offense, six months for the second offense, and revoked for the third offense.
(3) Any person who aids or abets another person's attempt to avoid suspension 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.
(4) Any person that aids or abets a person's attempt to avoid suspension shall have its state-issued business license suspended by the commissioner of the state tax division for a period of three months for the first offense, six months for the second offense, and one year for the third offense.
(d) 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) The authority to levy an administrative sanction is in addition to all other sanctions provided by law, and the imposition of any civil or criminal penalty may not affect the availability of any other enforcement provision in connection with the violation.
(4) In addition to the imposition of an administrative sanction, the commission may, by administrative order and upon an appropriate finding, assess a violator for the reasonable costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation.
§17C-17A-9. 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 in excess of that permitted by law, is guilty of a misdemeanor and, upon conviction thereof, shall be fined in proportion to the number of pounds in excess of the registered weight, 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 fined 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 business days of the violation. A copy of the notice shall be mailed to the owner of the vehicle within two business days. 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 a lawful weight is also guilty of a misdemeanor and, upon conviction, shall be fined equal to that amount which may be imposed on the owner, lessee or borrower of a commercial motor vehicle under subsection (a) of this section.
(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-10. "Spotting" unlawful; penalties.
It is unlawful for any person to intentionally assist an owner or operator of a commercial motor vehicle engaged in the transportation of coal to avoid a road, safety or other lawful inspection or enforcement activity by any law- or weight-enforcement officer through electronic communications or other means intended to give the commercial vehicle driver knowledge of the location of such officers. Any person who violates this section is guilty of a misdemeanor and shall, upon conviction, be fined not less than one thousand dollars and, upon a second or subsequent conviction, fined not less than two thousand dollars.
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.
(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 thirty-first day of December, 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 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, employee 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 out-of-service 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; 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.
CHAPTER 24A. COMMERCIAL MOTOR CARRIERS.

ARTICLE 1A. COMMERCIAL VEHICLE REGULATION.
§24A-1A-1. Regulation of commercial vehicle weights.
(a) Effective the first day of July, 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, chapter seventeen-c of this code, relating to vehicular weight.
(b) Effective the first day of July, two thousand three, the commission has jurisdiction over the issuance of permits for excess vehicular weight.
(c) 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 thirty-first day of December, 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.

NOTE: The purpose of this bill is to provide for enhanced weight enforcement and other regulatory provisions for coal trucks.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
 §17C-6-10; §§17C-17A and 17B; and §24A-1A are new; therefore, strike-throughs and underscoring have been omitted.