H. B. 4290
(By Delegates Proudfoot, Boggs, Amores, Michael and
Hartman)
[Introduced January 31, 2006; referred to the
Committee on Roads and Transportation then the
Judiciary.]
A BILL to amend and reenact §17C-17A-3 of the Code of West
Virginia, 1931, as amended, relating to establishment of coal
resource transportation roads.
Be it enacted by the Legislature of West Virginia:
That §17C-17A-3 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
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 haul road 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 Ohio County, County Route 1 from the
intersection of County Route 7 to intersection of Riley Delaplaine
Road; in Randolph County beginning at a coal haulroad at DEP Permit
U-111-83 where it intersects with County Route 46, thence along
County Route 46 for a distance of 9.9 miles until County Route 46
intersects with County Route 34, and beginning at a coal haulroad
at DEP Permit U-1043-91 where it intersects with County Route 35
for a distance of 4.5 miles until it intersects with County Route
34, and thence along County Route 34 for a distance of 4.5 miles
until it intersects with County Route 46; 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
1/11, 16, 19, 19/2, 19/40, 20, 39, 41, 55 and abd 82; in Webster
County, routes 9, 9/1, 9/2, 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.
(d) Notwithstanding any provisions of this code to the contrary, the division may propose rules for legislative approval
in accordance with the provisions of article three, chapter
twenty-nine-a of this code which would provide a process for
approval by the commissioner of the division of a special crossing
permit and renewals thereof. Special crossing permits authorized
by this subsection would authorize the holder of the permit to
operate or move a vehicle or combination of vehicles which exceed
the maximum weight allowance specified in this chapter or are
otherwise not in conformity with the provisions of this chapter on
limited sections of public highways under specific circumstances
specified in the permit: Provided, That no special crossing permit
may allow the operation or movement of any vehicle or combination
of vehicles on a public highway for more than one half of a mile:
Provided, however, That no special crossing permit may allow the
operation or movement of any vehicle or combination of vehicles on
a public highway if the Commissioner of the Division of Highways
determines there is an existing alternate off-road route available.
Each special crossing permit shall contain the specific section or
mileage of the public highway where operation is authorized.
Special crossing permits may not exceed a three-year period and may
be renewed upon approval by the Commissioner of the Division of
Highways as specified in legislative rule. The Commissioner of the
Division may provide for fees for the processing of applications for special crossing permits. As a condition of approval of a
special crossing permit, an applicant shall agree to pay for all
actual expenditures incurred by the Department of Transportation
for the upgrading or repair of the public highway, including
traffic control devices, for which the applicant seeks the special
crossing permit. In addition, all holders of special crossing
permits shall pay for the restoration of the public highway to its
original condition after the permit has expired. The initial rule
filed by the division pursuant to this subsection shall be filed as
an emergency rule.
NOTE: The purpose of this bill is to add a public road in
Randolph County to the list of roads designated as coal resource
transportation roads.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.