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Introduced Version Senate Bill 120 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 120

(By Senator Facemyer)

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[Introduced February 11, 2009; referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.]

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A BILL to amend and reenact §17C-17-9 of the Code of West Virginia, 1931, as amended, relating to increasing the maximum weight for six-axle tractor trailers.

Be it enacted by the Legislature of West Virginia:
That §17C-17-9 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 17. SIZE, WEIGHT AND LOAD.

§17C-17-9. Gross weight of vehicles and loads for the national system of interstate and defense highways.

(a) It shall be unlawful for any owner, lessee or borrower of a vehicle or combination of vehicles to operate on any national system of interstate and defense highways such 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 in this chapter.
(b) Subject to the limit upon the weight imposed upon the highway through any one axle as set forth in section eight of this article, or the limit imposed upon the highway through any tandem-axle as set forth in section eight-a of this article, the total gross weight with load imposed upon the highway by any one group of two or more consecutive axles of a vehicle or combination of vehicles shall not exceed the gross weight given for the respective distance between the first and last axle of the total group of axles measured longitudinally to the nearest foot as set forth in the following table:
Distance in feet between the extremes of any groups of two or more consecutive Maximum load in pounds carried on any group of two or more consecutive axles
axles 2 axles3 axles4 axles5 axles6 axles
434000
534000
634000
734000
83400034000
93900042500
104000043500
1144000
124500050000
134550050500
144650051500
154700052000
16480005250058000
17485005350058500
18495005400059000
19500005450060000
2051000555006050066000
2151500560006100066500
2252500565006150067000
2353000575006250068000
2454000580006300068500
2554500585006350069000
2655500595006400069500
2756000600006500070000
2857000605006550071000
2957500615006600071500
3058500620006650072000
3159000625006750072500
3260000635006800073000
33640006850074000
34645006900074500
35655007000075000
36660007050075500
37665007100076000
38675007200077000
39680007250077500
40685007300078000
41695007350078500
42700007400079000
43705007500080000
44715007550080500
45720007600081000
46725007650081500
47735007750082000
48740007800083000
49745007850083500
50755007900084000
51760008000084500
52765008050085000
53775008100086000
54780008150086500
55785008250087000
56795008300087500
57800008350088000
588400089000
598500089500
608550090000
Provided, That no vehicle or combination of vehicles shall have a gross weight, including the load, in excess of sixty-five thousand pounds, except that the maximum gross weight of vehicles operating on the national system of interstate and defense highways and any highway providing reasonable access to and from terminals and facilities for food, fuel, repairs and rest within the state shall not be in excess of eighty thousand pounds and except as otherwise provided in this article. Notwithstanding the limits prescribed in this subsection, two consecutive sets of tandem-axles may carry a gross load of thirty-four thousand each providing the overall distance between the first and last axles of such consecutive sets of tandem-axles is thirty-six feet or more: Provided, however, That the limits prescribed in this subsection shall not prohibit the operation of any vehicle or combination of vehicles of a type which could be lawfully operated in accordance with gross vehicle weights in effect on January 1, 1975: Provided further, That no maximum weight in excess of or in conflict with any weight limitations prescribed by or pursuant to any act of Congress shall be permitted on the national system of interstate and defense highways.
(c) Notwithstanding any other provision of this chapter to the contrary, a tractor-semitrailer combination with six axles and two additional brakes shall be limited to a maximum gross weight of ninety-seven thousand pounds with a tolerance of ten percent.



NOTE: The purpose of this bill is to increase the maximum weight amount for trucks equipped with six axles and two additional brakes to ninety-seven thousand pounds.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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