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Chapter 17 C     Entire Code


ARTICLE 1. WORDS AND PHRASES DEFINED.

ARTICLE 2. OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS.

ARTICLE 3. TRAFFIC SIGNS, SIGNALS AND MARKINGS.

ARTICLE 4. ACCIDENTS.

ARTICLE 5. SERIOUS TRAFFIC OFFENSES.

ARTICLE 5A. ADMINISTRATIVE PROCEDURES FOR SUSPENSION AND REVOCATION OF LICENSES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL, CONTROLLED SUBSTANCES OR DRUGS.

ARTICLE 5B. POSTMORTEM TESTS FOR ALCOHOL IN PERSONS KILLED IN MOTOR VEHICLE ACCIDENTS.

ARTICLE 5C. OFFICE OF ADMINISTRATIVE HEARINGS.

ARTICLE 5D. OPEN CONTAINER LAWS.

ARTICLE 6. SPEED RESTRICTIONS.

ARTICLE 7. DRIVING ON RIGHT SIDE OF ROADWAY, OVERTAKING AND PASSING, ETC.

ARTICLE 8. TURNING AND STARTING AND SIGNALS ON STOPPING AND TURNING.

ARTICLE 9. RIGHT-OF-WAY.

ARTICLE 10. PEDESTRIANS\' RIGHTS AND DUTIES.

ARTICLE 10A. OPERATION OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES.

ARTICLE 11. OPERATION OF BICYCLES AND PLAY VEHICLES.

ARTICLE 11A. CHILD BICYCLE SAFETY ACT.

ARTICLE 12. SPECIAL STOPS REQUIRED.

ARTICLE 13. STOPPING, STANDING AND PARKING.

ARTICLE 13A. DIESEL-POWERED MOTOR VEHICLE IDLING ACT.

ARTICLE 14. MISCELLANEOUS RULES.

ARTICLE 15. EQUIPMENT.

ARTICLE 16. INSPECTION OF VEHICLES.

ARTICLE 17. SIZE, WEIGHT AND LOAD.

ARTICLE 17A. REGULATION OF THE COMMERCIAL TRANSPORTATION OF COAL.

ARTICLE 18. PENALTIES.

ARTICLE 19. PARTIES, PROCEDURE UPON ARREST AND REPORTS IN CRIMINAL CASES.

ARTICLE 20. WEST VIRGINIA TURNPIKE COMMISSION.

ARTICLE 21. EFFECT OF CHAPTER.

ARTICLE 22. RIDESHARING.

ARTICLE 23. FUNERAL PROCESSIONS.

ARTICLE 17B. TRANSFER OF CERTAIN JURISDICTION AND EMPLOYEES TO PUBLIC SERVICE COMMISSION.

§17C-17B-1. Legislative findings and purposes.

(a) The Legislature finds that:

(1) Enforcement officers of the Public Service Commission of West Virginia are, as part of their enforcement of chapters twenty-four and twenty-four-a of this code with respect to common and contract carriers by motor vehicle, other for-hire carriers and private commercial carriers, currently inspecting for safety many of the same vehicles and loads that are inspected for size and weight by employees of the Department of Transportation;

(2) To effectuate the legislative findings and declarations set forth in section one, article one, chapter five-f of this code, the jurisdiction over the administration and enforcement of state statutes and rules relating to vehicular weight and the jurisdiction over the issuance of permits for excess vehicular weight should be transferred to the Public Service Commission;

(3) To preserve continuity and to maximize efficiency, those employees of the Department of Transportation who are employed primarily in the performance of the governmental duties described in this section should be transferred to the Public Service Commission; and

(4) The enforcement of state statutes and rules relating to coal truck weight, including costs of inspections of the vehicles and loads, training of enforcement officers, program oversight, administrative proceedings, personal services, employee benefits and all other costs associated with enforcement matters, falls within the scope of maintenance of state roads and public highways as described in section fifty-two, article six of the Constitution of this state and in section one, article three, chapter seventeen of this code.

(b) The purposes of this article are to transfer:

(1) Jurisdiction over the enforcement of state statutes and rules, including, but not limited to, the provisions of article seventeen-a of this chapter, relating to coal truck weight, from the Department of Transportation to the Public Service Commission of West Virginia;

(2) Jurisdiction over the issuance of permits for excess vehicular weight under section eleven, article seventeen, of this chapter, from the Department of Transportation to the Public Service Commission of West Virginia; and

(3) To the Public Service Commission of West Virginia those employees of the Department of Transportation whose primary governmental duties include the administration and enforcement of statutes and rules relating to vehicular weight.

§17C-17B-2. Transfer of jurisdiction over vehicle weight enforcement and excess weight permit issuances to Public Service Commission.

(a) Effective July 1, 2003, the jurisdiction over the enforcement of state statutes and rules, including, but not limited to, applicable provisions of article seventeen of this chapter relating to vehicular weight, shall be transferred from the Department of Transportation to the Public Service Commission of West Virginia.

(b) Effective July 1, 2003, the jurisdiction over the issuance of permits for excess vehicular weight shall be transferred from the Department of Transportation to the Public Service Commission of West Virginia.

§17C-17B-3. Transfer of certain employees from department of transportation to Public Service Commission.

Effective July 1, 2003, employees of the Department of Transportation whose primary governmental duties as of June 30, 2003, included the administration and enforcement of this code and rules promulgated under this code relating to vehicular weight or the issuance of permits for excess vehicular weight shall be transferred from the Department of Transportation to the Public Service Commission of West Virginia.

§17C-17B-4. Costs of enforcement to be funded from revenues in General Revenue Fund or from fees collected by Public Service Commission.

(a) On and after July 1, 2003, the cost of enforcement of this code and rules promulgated under this code, relating to vehicular weight, including inspections of vehicles and loads, training of enforcement officers, administrative proceedings, personal services, employees benefits and all other costs associated with enforcement matters, shall be funded by revenues in the state road fund, established pursuant to the provisions of section one, article three, chapter seventeen of this code: Provided, That effective on and after July 1, 2007, all of the costs described in this subsection shall be funded by fees collected from the Public Service Commission or other appropriation by the Legislature: Provided, however, That the foregoing proviso may not be construed to require appropriation by the Legislature.

(b) The secretary of transportation and the treasurer shall take all actions necessary to implement the transfer of funding to effectuate the purposes of this article.

(c) For fiscal years beginning on and after July 1, 2004, the commission shall include in its budget to the Legislature the costs of implementation and continuing enforcement of this article for payment and appropriation into the Public Service Commission Fund.

§17C-17B-5. Exceptions.

(a) Nothing in this article reduces or eliminates the authority of any police officer to enforce the provisions of article seventeen of this chapter.

(b) Nothing in this article reduces or eliminates the jurisdiction of the Department of Transportation to administer and enforce sections eleven-a, eleven-b, eleven-c and twelve, article seventeen of this chapter.

(c) Nothing in this article expands, reduces or eliminates any remedies otherwise available by law.

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