ENROLLED
H. B. 4295
(By Delegates Givens, Ennis, Hutchins and L. White)
[Passed February 24, 2000; in effect from passage.]
AN ACT to authorize the commissioner of highways to allow the
increase of gross weight limitations on certain designated
roads in Ohio and Brooke Counties.
Be it enacted by the Legislature of West Virginia:
WEIGHT LIMITATIONS ON CERTAIN ROADS IN OHIO AND BROOKE COUNTIES.
§1. Authority of the commissioner of the division of highways
to increase weight limitations on certain highways
within Ohio and Brooke Counties of West Virginia.
If the commissioner of the division of highways determines
that the design, construction and safety of certain highways
designated herein in Brooke and Ohio counties of West Virginia
are such that tonnage limits may be increased without undue
damage, the commissioner may increase them. The commissioner
shall then set new weight limitations applicable to said highways
or portions thereof.
The commissioner may not 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.
If the commissioner determines that the portion of State
Route 2 from milepost 3.33 to the Ohio County line, the portion
of State Route 2 from the Brooke County line to milepost 3.27,
the portion of I-70 from milepost 0.69 to 0.00 and the portion of
U. S. Route 40 from milepost 0.39 to milepost 0.00 in Ohio County
are designed and constructed to allow the gross weight limitation
to be increased from eighty thousand pounds to ninety thousand
pounds without undue damage, the commissioner may increase the
weight limitations from eighty thousand pounds up to ninety
thousand pounds on those sections of State Route 2, U. S. Route
40 and I-70 described above: Provided, That any person,
organization or corporation exceeding eighty thousand pounds
gross weight limitation while using said routes shall first
obtain a multi-trip permit from the commissioner before
proceeding and shall provide the commissioner with a bond
sufficient to cover any potential undue damage which may result
from the use: Provided, however, That if it is the determination
of the commissioner that the routes, as specifically described
herein, are in need of repaving, those persons, organizations or
corporations shall pay the cost of repaving in amounts as assessed, from time to time, by the commissioner: Provided
further, That the commissioner also determines that the increased
limitation is not barred by an act of the United States Congress
and the commissioner has received approval from the United States
department of transportation to increase the weight limitation.