ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2743
(By Delegates Michael and Warner)
[Passed March 13, 1999; in effect ninety days from passage.]
AN ACT to amend and reenact section eleven, article seventeen,
chapter seventeen-c of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
providing for special overweight permits for vehicles
hauling containerized freight bound to or from a seaport or
inland waterway port.
Be it enacted by the Legislature of West Virginia:
That section eleven, article seventeen, chapter seventeen-c
of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted to read as
follows:
ARTICLE 17. SIZE, WEIGHT AND LOAD.
§17C-17-11. Permits for excess size and weight.
(a) The commissioner of highways may, in 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 load
exceeding the maximum specified in this chapter or otherwise not
in conformity with the provisions of this chapter, except that a
permit shall not be issued for continuous operation of a vehicle
not in conformity with the provisions of this article relating to
weight limitations; 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) such additional
conditions as the commissioner may impose to otherwise ensure
compliance with the provisions of this chapter.
(b) The application for any 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.
(c) The commissioner of highways 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.
The commissioner 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.
(d) 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 granting the permit, and no person shall violate any of the terms or conditions of the special permit.