H. B. 3089
(By Delegates Boggs, R.M. Thompson, Butcher
and Tansil)
[Originating in the Committee on Roads and Transportation.]
(March 16, 2004)
A BILL to amend and reenact §17C-17A-3, §17C-17A-12 and §24A-1A-2
of the code of West Virginia, 1931, as amended, relating to
adding representatives to the trucking advisory committee;
providing that committee with oversight with respect to
commercial motor vehicle weight and safety enforcement; and
adding routes to the coal resource transportation road system
in Braxton and Webster counties.
Be it enacted by the Legislature of West Virginia:
That §17C-17A-3, §17C-17A-12 and §24A-1A-2 of the code of West
Virginia, 1931, as amended,
be amended and reenacted, all to read
as follows:
CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD.
ARTICLE 17A. REGULATION OF THE COMMERCIAL TRANSPORTATION OF 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 road system. Public highways shall be
designated as coal resource transportation roads by the
commissioner of the division of highways pursuant to this article.
Only state-maintained roads and public highways found in the
following areas: Boone; Fayette; Lincoln; Logan; McDowell; Mercer;
Mingo; Raleigh; Wayne and Wyoming counties;
in Braxton county,
Braxton county route 19/29 from Mine 5 haulroad to intersection of
County Route 36/1, county route 36/1 to intersection of county
route 36 and county route 36 to the Webster County line (Webster
County route 9); in Greenbrier County, routes west of Sam Black
Church and southwest to the Summers County line; in Clay County,
routes 4 and 16; in Nicholas County, routes 16, 19, 20, 39, 41, 55
abd 82; in Webster County, routes 9,
9-1, 20
, 32 and 82; and all
state-maintained roads and public highways found in Washington,
Malden, Louden and Cabin Creek districts, Kanawha County, are
eligible to qualify as part of the coal resource transportation
road system. The division shall post signs on roads informing the
public of the 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 administer the coal
resource transportation road permitting program and otherwise
enforce the provisions of this article. The 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. Copies of records shall be provided to
commission employees upon request. 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 using 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 use
electronic real time reporting of coal vehicle weights on coal
resource transportation roads by shippers and receivers. The
commission may require daily certified reports from shippers or
receivers 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.
(5) The commission shall impose and collect from shippers of
coal on the coal resource transportation road system through the
use of the special permit, issued pursuant to section five of this article, for the privilege of loading coal in excess of
eighty-eight thousand pounds for transport on a coal resource
transportation road. The fee shall be assessed in the amount of
five cents per ton of coal hauled over the road. Revenue from the
fees shall be deposited in the coal resource transportation fund
created in said section.
(c) Notwithstanding the provisions of section three, article
one, chapter twenty-nine-a of this code, the commission and the
division shall each propose legislative rules for promulgation in
accordance with the provisions of article three of said chapter to
carry out their duties and responsibilities pursuant to the
provisions of this article.
§17C-17A-12. Designating special coal resource transportation
roads, highways and bridges.
(a) From those counties and districts described in subdivision
(a), section
two three of this article, the commissioner of the
division of highways shall identify those public roads, highways
and bridges used during the previous twelve-month period for
transportation of quantities of coal in excess of fifty thousand
tons or projected to be used 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) The 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 used 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, and designate weight limits and other conditions for use of
the coal resource transportation road system as public interest so
provides. 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 the
road system certain additional sections of public highways:
Provided, That the evaluations and modifications of the road system
shall be completed at a minimum on an annual basis.
CHAPTER 24A. COMMERCIAL MOTOR CARRIERS.
ARTICLE 1A. COMMERCIAL VEHICLE REGULATION.
§24A-1A-2. Creation of advisory committee; purpose; members;
terms.
(a) There is created the commercial motor vehicle weight and
safety enforcement advisory committee, the purpose of which is to
study
and oversee the implementation
and administration 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;
(9)
One Two citizen
member members, to be appointed by the
governor;
and
(10) One member of the largest organization representing coal
miners, to be appointed by the governor
; and
(11) One member of the largest organization representing
natural resource transportation drivers.
(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 of a day
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.
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