WEST virginia legislature
2018 regular session
Introduced
Senate Bill 520
By Senator Cline
[Introduced February
12, 2018; Referred
to the Committee on Transportation and Infrastructure; and then to the
Committee on Government Organization]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §17C-1-70 and §17C-1-71; and to amend and reenact §17C-17-9a, §17C-17-11a, and §17C-17-11d of said code, all relating to increasing the weight limits for vehicles on highways other than the national system of interstate and defense highways; and providing definitions.
Be it enacted by the Legislature of West Virginia:
ARTICLE 17. SIZE, WEIGHT, AND LOAD.
§17C-1-70. Highways other than the national system of interstate and defense highways.
“Highways other than the national system of interstate and defense highways” means all West Virginia routes, county routes, local service routes, and other public streets, roadways, or highways in this state that are not also part of a Coal Resource Transportation Road under §17C-17A-1 et seq. of this code or the national system of interstate and defense highways as defined in §17C-1-71 of this code.
§17C-1-71. National system of interstate and defense highways.
“National system of interstate and defense highways” means the “Dwight D. Eisenhower National System of Interstate and Defense Highways” described in 23 U.S.C. 103.
§17C-17-9a. Gross weight of vehicles and loads on highways other than the national system of interstate and defense highways.
(a) It is unlawful for any owner, lessee, or borrower of a vehicle or combination of vehicles to operate on any highway other than the national system of interstate and defense highways that vehicle or combination of vehicles with a gross weight in excess of the gross weight for which such vehicle or combination of vehicles is registered or in excess of any weight limitation set forth in this chapter, whether such limitation be specifically stated in this chapter or set by express authority granted this chapter: Provided, That if any vehicle is operated within the tolerances established in this section for the gross weight of that vehicle, then that vehicle shall be deemed for all purposes to be operating at the gross weight for which it is registered and the registered weight is deemed to include the 10 percent tolerance associated with it under this section.
(b) Subject to the limit upon the weight imposed
upon the highway through any one axle as set forth in §17C-17-8 of this
code, the total gross weight on vehicles or combination of vehicles
operated on any highway other than the national system of interstate and
defense highways shall be as follows:
(1) A single unit truck having one steering axle and
two axles in tandem shall be limited to a maximum gross weight of 60,000
70,000 pounds with a tolerance of 10 percent.
(2) A single unit truck having one steering axle and
three axles in tridem arrangement shall be limited to a maximum gross weight of
70,000 80,000 pounds with a tolerance of 10 percent.
(3) A single unit truck having one steering axle and
four axles in quadem arrangement, a tractor-semitrailer combination with
five axles, a tractor-semitrailer combination with six or more axles, a single
unit truck having one steering axle and two axles in tandem in combination with
a trailer with two axles, and a single unit truck having one steering axle and
three axles in tridem in combination with a trailer with two axles, shall
be limited to a maximum gross weight of 73,000 90,000 pounds with
a tolerance of 10 percent.
(4) A tractor-semitrailer
combination with five axles, a tractor-semitrailer combination with six or more
axles, a single unit truck having one steering axle and two axles in tandem in
combination with a trailer with two axles and a single unit truck having one
steering axle and three axles in tridem in combination with a trailer with two
axles, shall be limited to a maximum gross weight of 80,000 pounds with a
tolerance of ten percent.
§17C-17-11a. Authority of commissioner of the department of highways to increase but not decrease weight limitations upon highways designated by him or her.
If, in the opinion of the commissioner of the
department of highways, the design, construction, and safety of any highway in
this state including the national system of interstate and defense highways and
highways other than the national system of interstate and defense highways,
or portion thereof, are such that the gross weight limitations prescribed in
§17C-17-9 of this code or §17C-17-9a of this code can be increased
without undue damage to any such highway, the commissioner may, by order,
increase but not decrease the gross weight limitations of vehicles which
may be operated upon any such highway, or portion thereof, designated by him or
her in such order and may establish therein the gross weight limitations
which shall thereafter be applicable to the any such highway, or
portion thereof, so designated by him or her: Provided, That the
maximum gross weight, including the load, established by the commissioner for
any such designated highway, or portion thereof, shall not exceed 80,000
pounds, except as otherwise the gross weight limits provided in this
article: Provided, however, That no such order of the commissioner shall
establish any weight limitation in excess of or in conflict with any weight
limitation prescribed by or pursuant to acts of Congress with respect to the
national system of interstate and defense highways.
§17C-17-11d. Establishing maximum road highway
weights for highways other than the national system of interstate and
defense highways.
Effective July 1, 2004, The maximum gross vehicle weight on existing
state-maintained roads and public highways any highway other than the
national system of interstate and defense highways designated for gross
weight vehicles with a gross weight not exceeding load of
sixty-five thousand pounds, seventy-three thousand five hundred pounds and
eighty-thousand pounds 90,000 pounds shall have a tolerance of 10
percent. All requirements for vehicle design and axle weights otherwise
established under this code remain applicable. In no case may the commissioner
authorize weight limits on any state-maintained road or public highway other
than the national system of interstate and defense highways that would
jeopardize or otherwise limit federal highway fund appropriations to this
state. The commissioner of highways shall, by December 31, 2004, review and
revise, as the commissioner deems appropriate, weight limits for all
state-maintained roads and public highways and provide to the Joint Committee
on Government and Finance a report denoting all weight limits as they have been
designated on state-maintained roads and public highways
NOTE: The purpose of this bill is to increase the weight limits for vehicles on certain highways in this state; clarify the commissioner’s authority to increase but not decrease weight limits; and to define certain highways in this state.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.