H. B. 4739
(By Delegates Tucker, Shelton,
Givens, Ennis and Hutchins)
[Introduced February 25, 2000; referred to the
Committee on Roads and Transportation.]
A BILL to direct the commissioner of highways to allow the
increase of gross weight limitations on certain roads in
Brooke County.
Be it enacted by the Legislature of West Virginia:
WEIGHT LIMITATIONS ON CERTAIN ROADS IN BROOKE COUNTY.
§1. Authority of the commissioner of the division of highways to
increase weight limitations on certain highways within
Brooke County of West Virginia.
If the commissioner of the division of highways determines
that the design, construction and safety of the highways in
Brooke County 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 those portions of State
Street from the Wheeling--Nisshin plant to State Route 2, State
Route 2 north from State Street to United States Route 22 west,
and United States Route 22 west from State Route 2 across the
Veteran's Memorial Bridge, and additionally State Route 2 north
to Freedom Way, Freedom Way from State Route 2 to Half Moon
Industrial Park, and Half Moon Industrial Park to Weirton Ice and
Coal 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 described above:
Provided, That any person, organization or corporation exceeding
eighty thousand pounds gross weight limitation while using said
routes shall first obtain a multitrip 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.
NOTE: The purpose of this bill is to direct the Commissioner
of Highways to allow the increase of gross weight limitations on
certain roads in Brooke County.