SB164 Pyles HFA 3-30

Altizer 3259

Delegate Pyles moves to amend the bill on one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof, the following:

“That §17-4-27 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §17C-17-5 and §17C-17-12 of said code be amended and reenacted, all to read as follows:

CHAPTER 17. ROADS AND HIGHWAYS.

ARTICLE 4. STATE ROAD SYSTEM.

§17-4-27. Same -- Control of connecting parts of state road system within municipalities.

(a) (1) The State Road Commissioner of Highways shall exercise the same control over connecting parts of the state road system in municipalities, except the regulation of traffic, that he or she exercises over such system generally, but he or she shall assume no greater duty or obligation in the construction, reconstruction and maintenance of streets which are part of the state road system than he or she is required to assume in the case of state roads outside of municipalities.

(2) For purposes of this subsection, “regulation of traffic” includes the power to regulate the weight and size of vehicles traveling in a municipality when there is at least one reasonable alternate route available to avoid traveling within the municipality.

(b) Subject to subsection (a) of this section, in order, however, to promote the safe and efficient utilization of such streets, the location, form and character of informational, regulatory and warning signs, curb and pavement or other markings, and traffic signals installed or placed by any municipality on any highway or street hereafter constructed with state or federal aid shall be are subject to the approval of the state Road Commissioner of Highways.

CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD.

 ARTICLE 17. SIZE, WEIGHT AND LOAD.

§17C-15-5. Special load limits.

(a) Subject to the foregoing provisions of this article limiting the length of vehicles and loads, the load upon any vehicle operated alone or the load upon the front vehicle of a combination of vehicles shall not extend more than three feet beyond the foremost part of the vehicle, and the load upon any vehicle operated alone or the load upon the rear vehicle of a combination of vehicles shall not extend more than six feet beyond the rear of the bed or body of such vehicle: Provided, That a digger/derrick line truck may be operated with a load of no more than forty forty-five feet in length, with the load extending no more than six nine feet beyond the foremost part of the truck and no more than nine eleven feet beyond the rear of the bed of the body of the truck, between sunrise and sunset except in an emergency, and the operation of the truck shall comply with the provisions of section fourteen, article fifteen of this chapter.

(b) The limitations as to length of vehicles and loads heretofore stated in section four of this article and subsection (a) of this section shall not apply to any load upon a pole trailer when transporting poles or pipes or structural material which cannot be dismembered: Provided, That no pole or pipe or other material exceeding eighty feet in length shall be so transported unless a permit has first been obtained as authorized in section eleven of this article.

§17C-17-12. When state road commission Commissioner of Highways or local authorities may restrict right to use highways.

(a) Local authorities with respect to highways under their jurisdiction within their borders may by ordinance or resolution prohibit the operation of vehicles upon any such highway or impose restrictions as to the weight of vehicles to be operated upon any such highway, for a total period of not to exceed ninety days in any one calendar year, whenever any said the highway by reason of deterioration, rain, snow, or other climatic conditions will be seriously damaged or destroyed unless the use of vehicles thereon is prohibited or the permissible weights thereof reduced.

(b) The local authority enacting any such ordinance or resolution shall erect or cause to be erected and maintained signs designating the provisions of the ordinance or resolution at each end of that portion of any highway affected thereby, and the ordinance or resolution shall is not be effective unless and until such the signs are erected and maintained.

(c) Local authorities with respect to highways under their jurisdiction within their borders may also, by ordinance or resolution, prohibit the operation of trucks or other commercial vehicles, or may impose limitations as to the weight thereof, on designated highways, which when there is at least one reasonable alternate route available to avoid traveling within their borders.  The prohibitions and limitations shall be designated by appropriate signs placed on such the highways.

(d) Subject to subsections (a), (b) and (c) of this section, the state road commission shall likewise have Commissioner of Highways has the same authority, as hereinabove granted in this section to local authorities to determine by resolution and to impose restrictions as to the weight of vehicles operated upon any highway under the jurisdiction of said commission the commissioner and such the restrictions shall be are effective when signs giving notice thereof are erected upon the highway or portion of any highway affected. by such resolution