H. B. 2743
(By Delegates Michael and Warner)
[Introduced February 11, 1999; referred to the
Committee on Roads and Transportation then Finance.]
A BILL to amend and reenact section eleven, article seventeen,
chapter seventeen-c of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
providing for special overweight permits for vehicles
hauling containerized freight bound to or from a seaport.
Be it enacted by the Legislature of West Virginia:
That section eleven, article seventeen, chapter seventeen-c
of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted to read as
follows:
ARTICLE 17. SIZE, WEIGHT AND LOAD.
§17C-17-11. Permits for excess size and weight.
(a) The commissioner of highways may, in his
or her
discretion, upon application in writing and good cause being
shown therefor issue a special permit in writing authorizing: (1) The applicant, in crossing any highway of this state, to
operate or move a vehicle or combination of vehicles of a size or
weight or load exceeding the maximum specified in this chapter or
otherwise not in conformity with the provisions of this chapter,
whether
such the operation be continuous or not, provided
such
the applicant shall agree to compensate the commissioner of
highways for all damages or expenses incurred in connection with
such the crossing;
and (2) the applicant to operate or move a
vehicle or combination of vehicles of a size or weight of
vehicles or load exceeding the maximum specified in this chapter
or otherwise not in conformity with the provisions of this
chapter, except that a permit shall not be issued for continuous
operation of a vehicle not in conformity with the provisions of
this article relating to weight limitations;
and (3) the
applicant to move or operate, for limited or continuous
operation, a vehicle hauling containerized cargo in a sealed,
seagoing container to or from a seaport that has or will be
transported by marine shipment where the vehicle is not, as a
result of hauling the container, in conformity with the
provisions of this article relating to weight limitations, upon
the conditions that: (A) The container be hauled only on the
roadways and highways designated by the commissioner of highways;
(B) the contents of the container are not changed from the time
it is loaded by the consignor or the consignor's agent to the time it is delivered to the consignee or the consignee's agent;
and (C) such additional conditions as the commissioner may impose
to otherwise ensure compliance with the provisions of this
chapter.
(b) The application for any
such permit shall specifically
describe the vehicle or vehicles and load to be operated or moved
along or across
such the highway and the particular highway or
crossing of the highway for which permit to operate is requested,
and whether
such the permit is requested for a single trip or for
a continuous operation.
(c) The commissioner of highways is authorized to issue or
withhold
such a permit at his
or her discretion; or, if
such the
permit is issued, to limit the number of trips, or to establish
seasonal or other time limitations within which the vehicles
described may be operated on or across the highways indicated, or
otherwise to limit or prescribe conditions of operation of
such
the vehicle or vehicles, when necessary to assure against undue
damage to the road foundations, surface, or structures, and may
require
such the undertaking, bond or other security as may be
deemed considered necessary to compensate for any injury to any
roadway structure and to specify the type, number and the
location for escort vehicles for any
such vehicle.
The commissioner may charge a fee not to exceed five dollars
for the issuance of a permit for a mobile home and a reasonable fee for the issuance of a permit for any other vehicle under the
provisions of this section to pay the administrative costs
thereof.
(d) Every
such permit shall be carried in the vehicle or
combination of vehicles to which it refers and shall be open to
inspection by any police officer or authorized agent of the
commissioner of highways granting
such the permit, and no person
shall violate any of the terms or conditions of
such the special
permit.
NOTE: The purpose of this bill is to authorize the
Commissioner of Highways to issue special overweight permits for
vehicles hauling containerized freight bound to or from a
seaport.
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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