ENGROSSED
COMMITTEE SUBSTITUTE
FOR
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 583
(By Senators Chafin, Love, Edgell, Snyder, Bailey, Tomblin, Mr.
President, Minear, Guills, Weeks, Sprouse, Helmick, Ross, Sharpe
and Fanning)
____________
[Originating in the Committee on Finance;
reported February 26, 2003.]
____________
A BILL to amend and reenact section one, article six, chapter
seventeen-c of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; to further amend said article
by adding thereto a new section, designated section ten; to
amend and reenact sections ten and eleven, article seventeen
of said chapter; and to further amend said article by adding
thereto a new section, designated section eleven-d; to further
amend said chapter by adding thereto two new articles,
designated articles seventeen-a and seventeen-b; to amend and
reenact sections three and seven, article one, chapter seventeen-e of said code; and to amend chapter twenty-four-a
of said code by adding thereto a new article, designated
article one-a, all relating to the regulation of commercial
vehicles; increasing speeding fines for commercial vehicles
transporting coal; authorizing public service commission and
its employees to enforce laws of the road for commercial
vehicles; authorizing weight enforcement for commercial
vehicles moving or parked on or within one hundred feet of a
public highway or right-of-way; establishing administrative
enforcement process and penalties for vehicles transporting
coal; issuance of special permits; setting maximum highway
weights; providing legislative findings for special regulation
of coal transportation on the coal resource transportation
road system; defining terms; designating eligible counties;
directing public service commission to administer commercial
vehicle weights and measures; providing that division of
highways and public service commission administer all aspects
of weight and safety requirements; providing that division of
highways coordinate establishment of coal resource
transportation roads with the public service commission;
establishing a permitting program for vehicles transporting
coal which allows higher weight limits upon meeting certain
requirements; authorizing public service commission to promulgate emergency and legislative rules; providing special
operator and vehicle permit requirements; providing for fees
to be assessed for permits; providing reporting requirements
for vehicle owners, coal shippers and coal receivers;
authorizing commission employees to inspect certain weight
transportation records; establishing administrative sanctions
for coal vehicle weight violations; establishing new penalties
for weight violations; establishing procedure and criteria for
commissioner of division of highways to designate special coal
resource transportation roads; setting an effective date;
authorizing commissioner of division of highways to enter into
agreements with persons responsible for coal transport to
undertake road and bridge improvements; exclusion of off-road
vehicles and interstate highways; providing penalties for
spotting; providing for transfer of certain duties, authority
and employees of the division of highways to the public
service commission; providing dates for transfer of these
duties; providing that state road funds for these costs be
transferred to public service commission; providing that
transfer of these duties does not alter other law-enforcement
agencies' authority; costs of enforcement; removing weight
from the list of nonserious traffic violations; creating
commercial motor vehicle weight and safety enforcement advisory committee; and providing for its membership,
organization, compensation, expense reimbursements, duties and
termination of committee.
Be it enacted by the Legislature of West Virginia:
That section one, article six, chapter seventeen-c of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted; that said article be further amended by
adding thereto a new section, designated section ten; that sections
ten and eleven, article seventeen of said chapter be amended and
reenacted; that said article be further amended by adding thereto
a new section, designated section eleven-d; that said chapter be
further amended by adding thereto two new articles, designated
articles seventeen-a and seventeen-b; that sections three and
seven, article one, chapter seventeen-e of said code be amended and
reenacted; and that chapter twenty-four-a of said code be amended
by adding thereto a new article, designated article one-a, all to
read as follows:
CHAPTER 17C. TRAFFIC REGULATIONS AND LAW OF THE ROAD.
ARTICLE 6. SPEED RESTRICTIONS.
§17C-6-1. Speed limitations generally; penalty.
(a) No person may drive a vehicle on a highway at a speed
greater than is reasonable and prudent under the existing
conditions and the actual and potential hazards. In every event speed shall be so controlled as may be necessary to avoid colliding
with any person, vehicle or other conveyance on or entering the
highways in compliance with legal requirements and the duty of all
persons to use due care.
(b) Where no special hazard exists that requires lower speed
for compliance with subsection (a) of this section, the speed of
any vehicle not in excess of the limits specified in this section
or established as
hereinafter authorized
in this section is lawful,
but any speed in excess of the limits specified in this subsection
or established as
hereinafter authorized
in this section is
unlawful.
The following speed limits apply:
(1) Fifteen miles per hour in a school zone during school
recess or while children are going to or leaving school during
opening or closing hours. A school zone is all school property
including school grounds and any street or highway abutting
such
the school grounds and extending one hundred twenty-five feet along
such the street or highway from the school grounds. The speed
restriction does not apply to vehicles traveling on a controlled
access highway which is separated from the school or school grounds
by a fence or barrier approved by the division of highways;
(2) Twenty-five miles per hour in any business or residence
district;
and
(3) Fifty-five miles per hour on open country highways, except as otherwise provided by this chapter.
The speeds set forth in this section may be altered as
authorized in sections
two and three of this article.
(c) The driver of every vehicle shall, consistent with the
requirements of subsection (a) of this section, drive at an
appropriate reduced speed when approaching and crossing an
intersection or railway grade crossing, when approaching and going
around a curve, when approaching a hill crest, when traveling upon
any narrow or winding roadway and when
a special hazard exists with
respect to pedestrians or other traffic or by reason of weather or
highway conditions.
(d) The speed limit on controlled access highways and
interstate highways, where no special hazard exists that requires
a lower speed, shall be not less than fifty-five miles per hour and
the speed limits specified in subsection (b) of this section do not
apply.
(e) Unless otherwise provided in this section, any person who
violates the provisions of this section is guilty of a misdemeanor
and, upon conviction thereof, shall be fined not more than one
hundred dollars; upon a second conviction within one year
thereafter, shall be fined not more than two hundred dollars; and,
upon a third or subsequent conviction within two years thereafter,
shall be fined not more than five hundred dollars:
Provided, That if
such the third or subsequent conviction is based upon a
violation of the provisions of this section where the offender
exceeded the speed limit by fifteen miles per hour or more, then
upon conviction, shall be fined not more than five hundred dollars
or confined in the county or regional jail for not more than six
months, or both.
(f) Any person who violates the provisions of subdivision (1),
subsection (b) of this section is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not less than one hundred
dollars nor more than five hundred dollars:
Provided, That if
such
the conviction is based upon a violation of the provisions of
subdivision (1), subsection (b) of this section where the offender
exceeded the speed limit by fifteen miles per hour or more in the
presence of one or more children, then upon conviction, shall be
fined not less than one hundred dollars nor more than five hundred
dollars or confined in the regional or county jail for not more
than six months, or both.
(g) If an owner or driver is arrested under the provisions of
this section for the offense of driving above the posted speed
limit on a controlled access highway or interstate highway, and if
the evidence
shall show shows that the motor vehicle was being
operated at ten miles per hour or less above
said the speed limit,
then, upon conviction thereof,
such that person shall be fined not more than five dollars, plus court costs.
(h) Any person operating a commercial motor vehicle engaged in
the transportation of coal on the coal resource transportation road
system who violates subsection (a), (b) or (c) of this section
shall, upon conviction, be subject to fines in triple the amount
otherwise provided in subsection (e) of this section.
(i) If an owner or driver is convicted under the provisions of
this section for the offense of driving above the speed limit on a
controlled access highway or interstate highway of this state, and
if the evidence
shall show shows that the motor vehicle was being
operated at ten miles per hour or less above
said the speed limit,
then notwithstanding the provisions of section four, article three,
chapter seventeen-b of this code, a certified abstract of the
judgment on
such the conviction shall not be transmitted to the
division of motor vehicles:
Provided, That the provisions of this
subsection do not apply to conviction of owners or drivers who have
been issued a commercial driver's license as defined in chapter
seventeen-e of this
code, if the offense was committed while
operating a commercial vehicle.
(h) (j) If an owner or driver is convicted in another state
for the offense of driving above the maximum speed limit on a
controlled access highway or interstate highway, and if the maximum
speed limit in
such the other state is less than the maximum speed limit for a comparable controlled access highway or interstate
highway in this state, and if the evidence
shall show shows that
the motor vehicle was being operated at ten miles per hour or less
above what would be the maximum speed limit for a comparable
controlled access highway or interstate highway in this state, then
notwithstanding the provisions of section four, article three,
chapter seventeen-b of this code, a certified abstract of the
judgment on
such the conviction shall not be transmitted to the
division of motor vehicles or, if transmitted, shall not be
recorded by the division, unless within a reasonable time after
conviction, the person convicted has failed to pay all fines and
costs imposed by the other state:
Provided, That the provisions of
this subsection do not apply to conviction of owners or drivers who
have been issued a commercial driver's license as defined in
chapter seventeen-e of this code, if the offense was committed
while operating a commercial vehicle.
§17C-6-10. Enforcement of article with respect to operations of
commercial motor vehicles.
In addition to enforcement by officers and other persons
authorized by law, designated employees of the public service
commission of West Virginia may enforce the provisions of this
article as they relate to the operation of commercial motor
vehicles.
ARTICLE 17. SIZE, WEIGHT AND LOAD.
§17C-17-10. Officers may weigh, measure, or examine vehicles and
require removal or rearrangement of excess loads.
(a) Any police officer or employee of the
department division
of highways
or the public service commission designated
by the
commissioner of highways as a member of an official weighing crew
may require the driver of any vehicle or combination of vehicles
located on
or within one hundred feet of any
public highway
or
right-of-way, and whether moving or stopped, to
stop and submit
such the vehicle or combination of vehicles to a weighing with
portable or stationary weighing devices or submit
such the vehicle
or combination of vehicles to a measuring or to any other
examination necessary to determine if
such the vehicle or
combination of vehicles is in violation of any of the provisions of
this article
or article seventeen-a of this chapter, and may
require that
such the vehicle or combination of vehicles be driven
to the nearest weighing device.
No
police officer or member of an official weighing crew may
stop a vehicle or combination of vehicles
may be submitted for
weighing unless a portable or stationary weighing device is
actually present at the location where, and at the time, the
vehicle or combination of vehicles is stopped or unless the vehicle
or combination of vehicles is escorted immediately after being stopped to
a the nearest portable or stationary weighing device.
In no case may a vehicle or combination of vehicles be detained
more than one hour from the time
the same it is stopped for
weighing unless the vehicle or combination of vehicles is impounded
for
a another violation.
in accordance with the provisions of
section fourteen of this article.
(b) Whenever a police officer or a member of an official
weighing crew determines that a vehicle or combination of vehicles
is in violation of any of the provisions of this article
or article
seventeen-a of this chapter, he
or she may require the driver
to
stop such vehicle or combination of vehicles in a suitable place
and to remain standing until
such the vehicle or combination of
vehicles is brought into conformity with the provisions violated.
In the case of a weight violation all material unloaded shall
be cared for by the owner, lessee or borrower of
such the vehicle
or combination of vehicles at the risk of
such the owner, lessee or
borrower:
Provided, That no criminal charge shall be preferred
against any driver, operator or owner of a vehicle when a
rearrangement of the load upon the vehicle, without removal
therefrom of the load from the vehicle, reduces the axle loads of
said the vehicle to
such the limit
as is permitted under this
chapter.
(c) Any driver of a vehicle or combination of vehicles who fails or refuses to comply with any requirement or provision of
this section shall be guilty of a misdemeanor,
or in the case of
any vehicles engaged in the transportation of coal, any other
additional penalties that may be applicable under the provisions of
article seventeen-a of this chapter.
§17C-17-11. Permits for excess size and weight.
(a) The
commissioner of highways public service commission
may, in
its 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 the operation
be is continuous or not, provided
the applicant
shall agree agrees to compensate the commissioner of
highways for all damages or expenses incurred in connection with
the crossing; (2) the applicant to operate or move a vehicle or
combination of vehicles of a size or weight of vehicles or
nondivisible load exceeding the maximum specified in this chapter
or otherwise not in conformity with the provisions of this chapter;
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 or inland waterway port 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) any
additional conditions as the commissioner of highways or the public
service commission may impose to otherwise ensure compliance with
the provisions of this chapter.
(b) (1) The commissioner of highways may issue a special
permit to operate or move a vehicle or combination of vehicles of
a size or weight of vehicles or nondivisible load exceeding the
maximum specified in this chapter or otherwise not in conformity
with the provisions of this chapter over routes designated by the
commissioner of highways upon such terms and restrictions as
prescribed by the public service commission, together with the
commissioner of highways may prescribe.
(2) For purposes of this section, nondivisible load means any
load exceeding applicable length or weight limits which, if
separated into smaller loads or vehicles, would: (A) Compromise
the intended use of the vehicle, to the extent that the separation would make it unable to perform the function for which it was
intended; (B) destroy the value of the load or vehicle, to the
extent that the separation would make it unusable for its intended
purpose; or (C) require more than eight workhours to dismantle
using appropriate equipment: Provided, That the applicant for a
nondivisible load permit has the burden of proof as to the number
of workhours required to dismantle the load.
(c) The application for any permit other than a special annual
permit shall specifically describe the vehicle or vehicles and load
to be operated or moved along or across the highway and the
particular highway or crossing of the highway for which the permit
to operate is requested, and whether the permit is requested for a
single trip or for a continuous operation.
(d) The commissioner of highways public service commission is
authorized to issue or withhold a permit at his or her discretion;
or, if 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 the vehicle or vehicles, when necessary to assure
against undue damage to the road foundations, surface, or
structures, and may require the undertaking, bond or other security
as may be 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 vehicle: Provided, That in
establishing limitations on permits issued under this section, the
public service commission shall consult with the commissioner of
highways, and may not issue, limit or condition a permit in a
manner inconsistent with the authority of the commissioner of
highways.
The commissioner public service commission 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.
(e) Every 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 or the public service commission granting
the permit, and no person shall violate any of the terms or
conditions of the special permit.
§17C-17-11d. Establishing maximum road highway weights.
Effective the first day of July two thousand three, unless the
commissioner of highways finds cause to establish a lower weight or
prescribe other safety measures consistent with and under the
authority of this article, the maximum vehicle weight on all state-maintained roads and public highways that are not part of the coal
resource transportation system shall be eighty thousand pounds,
plus a tolerance of ten percent, notwithstanding the provisions of
sections nine and eleven-a of this article.
ARTICLE 17A. REGULATION OF THE COMMERCIAL TRANSPORTATION OF COAL.
§17C-17A-1. Legislative findings and creation of program.
(a) The Legislature finds and declares that:
(1) No other economic undertaking in the history of West
Virginia has had a greater impact upon the citizens of this state,
providing such an economic force and affecting the social construct
and day-to-day life and environment of the people and communities
of this state, than the activities associated with the extraction,
transportation and consumption of coal or its byproducts. In areas
of this state where the coal industry exists, the economic benefits
of coal production are an indispensable part of the local
community's vitality.
(2) The historic progression of the coal industry has resulted
in an increasing use of the public highways of this state for the
transportation of coal to river ports, power generators or rail
loading facilities. Roads where coal is transported are mainly two
lane rural roads and highways of varying grades and conditions.
The daily presence of large commercial motor vehicles on these
roads and highways causes significant impact to local communities and the local transportation infrastructure. Local residents are
exposed on a daily basis to the dangers associated with sharing the
road with a large number of these vehicles.
(3) The increased capacity and ability of coal hauling
vehicles, tied with increased economic pressures to reduce industry
transportation costs, have created economic incentives for
transporting coal at higher than legal limits, and for drivers to
drive long hours and operate these vehicles at higher rates of
speed. Consequently, average vehicle weights have increased and
many coal transport vehicles regularly exceed the lawful limit by
more than one hundred percent. The excessive weights of these
vehicles have also resulted in the rapid deterioration of state
roads and bridges, creating significant costs to the state of
millions of dollars in lost road and bridge use and life.
(4) Advances in truck stability, braking, and safety
technology have made modern coal transporters much safer
conveyances than those used by the industry when the state's
current weight laws were enacted. Further advances in technology
have made tracking and recording individual vehicles, their
operators and load significantly more efficient.
(5) Enforcement of truck safety and driver safety laws has
been divided between various jurisdictions such as local and state
law enforcement, the division of highways, and the public service commission. As a result, local and state enforcement of those
comprehensive laws has not been uniform, with the result that many
of these laws have not been enforced.
(6) The current condition of the state's coal transportation
system requires that a comprehensive regulatory enforcement program
be established; that this program include special safety
protections for the public that shares the roads with the large
coal hauling vehicle fleet of this state; and that the program be
designed to assure that state weight and safety requirements be
effectively enforced to provide protections for the public sharing
these roadways.
(b) A special centralized regulatory program with
administrative enforcement authority over all vehicles hauling coal
in West Virginia is created. This program is designed to address
the economic needs of the coal industry within the confines of the
ability of the transportation infrastructure to accommodate these
needs and in careful consideration for road safety and maintenance
and the impact of these vehicles.
§17C-17A-2. Definitions.
For purposes of this article:
(a) A "coal resource transportation road" means a road
designated by the department of transportation as safe and
sufficient to allow vehicles hauling coal to carry a greater gross and axle weight than otherwise authorized by state law: Provided,
That in no case may the gross weight for the vehicles permitted to
operate on designated roads exceed one hundred and twenty thousand
pounds, with a five percent variance: Provided, however, that only
state-maintained roads and public highways found in the following
areas: Boone; Fayette; Lincoln; Logan; McDowell; Mercer; Mingo;
Raleigh; Summers; Wayne and Wyoming counties; 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
19, 20, 39, 41 and 55; in Webster County, routes 9, 20 and 82; and
all state-maintained roads and public highways found in Washington,
Malden, Louden and Cabin Creek districts and those portions of Big
Sandy and Elk districts which lie north of Elk River, Kanawha
county, are eligible to qualify as part of the coal resource
transportation road system.
(b) "Coal" or "coal by-products" means the mineral in raw or
clean state, and includes synthetic fuel manufactured or produced
for which credit is allowable under 26 U. S. C. §29 of the Internal
Revenue Code (1996).
(c) "Commission" means the public service commission of West
Virginia.
(d) "Division" means the division of highways within the
department of transportation.
(e) "Mining operation" means any activity related to
extraction of coal regulated under the provisions of this code.
(f) "Operator" means the person driving a commercial motor
vehicle transporting coal on any public highway of this state;
(g) "Person" means any individual, partnership, firm, society,
association, trust, corporation, other business entity or any
agency, unit or instrumentality of federal, state or local
government.
(h) "Shipper" means the person who loads coal or causes coal
to be loaded into any commercial motor vehicle that will operate on
any public highway in this state;
(i) "Receiver" means the person who accepts for unloading coal
from any vehicle that has operated on any public highway in this
state;
(j) "Vehicle owner" means the person who as owner of a
commercial motor vehicle employs, contracts or otherwise directs a
driver to operate that vehicle on a public highway of this state
for the purpose of transporting 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 system. Public highways shall be designated as coal resource transportation roads by the
commissioner of the division of highways pursuant to this article.
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 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. 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 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 commissioner shall impose and collect from the owners
of coal shipped 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. The fee shall be assessed
in the amount of one cent per ton of coal hauled over the road.
Revenue from the fees shall be deposited in the coal resource
transportation fund created in section five of this article.
(c) Notwithstanding the provisions of section three, article
one, chapter twenty-nine-a of this code, both the commission and
the division shall propose legislative rules for promulgation in
accordance with the provisions of article three, chapter twenty-
nine-a of this code to carry out and implement the provisions of
this article.
§17C-17A-4. Special permit issuance; and promulgation of rules.
(a) The commission may issue permits to authorize the hauling
of coal of a greater gross and axle weight than otherwise
authorized by state law on roads designated by the commissioner of
highways as coal resource transportation roads.
(b) Notwithstanding the provisions of section three, article
one, chapter twenty-nine-a of this code, the commission shall
promulgate emergency and legislative rules to effectuate purposes of this section, which shall provide, at a minimum, the following:
(1) Twenty-four hours mandatory specialized training
requirements for commercial vehicles operators with less than two
years of commercial driving experience;
(2) Requirements for random drug and alcohol testing; and
(3) Requirements for daily records consistent with the
provisions of any applicable federal statutory or regulatory
requirements;
§17C-17A-5. Operation of coal trucks under special permits; weight
limitations; payment of permit fees.
(a) Any vehicle, when transporting coal over certain public
highways, designated as coal resource transportation roads by the
commissioner of the department of highways, may be operated at the
weights as set forth in this section in excess of the maximum gross
weight prescribed in section nine, article seventeen of this
chapter and any other maximum weight limitations on any public
highway by paying the corresponding special permit fee and
otherwise complying with the provisions of this article.
(b) Special permits shall be issued subject to the following
requirements:
(1) A single unit truck having one steering axle and two axles
in tandem shall be limited to a maximum gross weight of eighty
thousand pounds with a tolerance of five percent and pay a special permit fee annually of one hundred dollars;
(2) A single unit truck having one steering axle and three
axles in tridem arrangement shall be limited to a maximum gross
weight of ninety thousand pounds with a tolerance of five percent
and pay a special permit fee annually of one hundred sixty dollars;
(3) A tractor-semitrailer combination with five axles shall be
limited to a maximum gross weight of one hundred ten thousand
pounds with a tolerance of five percent and pay a special permit
fee annually of three hundred dollars;
(4) A tractor-semitrailer combination with six or more axles
shall be limited to a maximum gross weight of one hundred twenty
thousand pounds with a tolerance of five percent and pay a special
permit fee annually of five hundred dollars.
(c) The axle loads set forth in subsection (b) of this section
may in no event exceed the maximum axle load allowable based upon
the minimum axle spacings as determined by the division of highways
in accordance with generally accepted industry standards and bridge
loading analysis.
(d) In order to qualify for issuance of a special permit, the
applicant shall provide information that demonstrates that the
vehicle, as configured, has a total combined axle rating capacity
equal to or greater than the maximum amount of weight for which a
special permit is sought. The information may include, but not be limited to, the manufacturer's rated capacity. In the event that
manufacturer's rated capacity is not available, any other
information reasonably determined by the secretary of the
department of transportation to give evidence of adequate combined
axle rating capacity may be submitted.
(e) Special permits authorized by this section shall be issued
by the commission on forms prescribed and furnished by it. The
special permit indicium shall be permanently affixed immediately
below the window glass on the top of the door on the driver's side
of the vehicle. Lost, destroyed, stolen or otherwise unusable
special permits indicia shall be replaced in accordance with
legislative rules to be promulgated by the commission. The special
permit indicium shall be issued to a particular vehicle and shall
remain with the vehicle upon transfer of possession or ownership of
the vehicle.
(f) Special permits issued pursuant to the provisions of this
article are valid for a period of one year from the date of
purchase: Provided, That no renewal permits shall be issued to any
permittee who, at the time of the renewal, has any administrative
or criminal actions pending relating to the operation of commercial
motor vehicles in this or other states.
(g) For purposes of this section, the dimensional requirements
of motor vehicles shall conform to all applicable federal laws and regulations. Nothing in this section may be construed or
administered to jeopardize the receipt of federal funds for highway
purposes.
(h) Any operator of a vehicle with a special permit issued
under the provisions of this article shall submit the vehicle or
combination of vehicles to weighing with portable or stationary
weighing devices as required by section ten, article seventeen of
this chapter. Any driver or owner of a vehicle or combination of
vehicles operating under the provisions of this section who fails
or refuses to comply with any requirement of section ten, article
seventeen of this chapter forfeits all privileges granted by the
special permits.
(i) Any vehicle or combination of vehicles transporting coal
pursuant to the provisions of this article shall be securely
covered to prevent the escape of the load on any trip exceeding a
total distance of one mile on any public highway.
(j) The commission shall propose rules in accordance with the
provisions of article three, chapter twenty-nine-a of this code
regarding the implementation of the requirements of this section.
The rules shall be initially promulgated as emergency rules
pursuant to the provisions of article three, chapter twenty-nine-a
of this code by no later than the first day of July two thousand
three.
(k) The payment of the special permit fee is in addition to
any state registration fee, user fee or other decal fee.
(l) All revenues generated pursuant to this section shall be
credited to a special account within the road fund which is created
and shall be designated as the "coal resource transportation road
fund". The road funds shall be used, in addition to regularly
appropriated funds, by the division of highways for construction,
maintenance, and repair of public highways and bridges over which
substantial quantities of coal are transported.
(m) For periods of less than one year, the permit fee imposed
by subsection (b)of this section shall be prorated to the nearest
month.
§17C-17A-6. Reporting requirements for shippers, vehicle owners
and receivers of coal transported on public highways.
(a) Every shipper of coal for transport on a public highway in
this state shall report to the commission weight and other
transport related data as required by the commission. The
commission shall by rule establish special recording and reporting
methods for timely and accurate disclosure of all shipments of coal
made by a vehicle upon a public highway of this state.
(b) Every vehicle owner who transports coal on a public
highway of this state is subject to the provisions of this article
and any rules established by the commission requiring reporting, monitoring or removal from service of any unsafe vehicle or driver.
(c) Every receiver of coal transported on a public highway in
this state that unloads or causes to be unloaded any shipment of
coal shall report to the commission the weight of the shipment and
other data related to the shipment as required by rules promulgated
by the commission. The rules shall provide for administrative
penalties to be imposed for failure to timely or accurately report
the weight or other data. Compliance with the reporting
requirements shall cause the receiver to be immune from any and all
criminal, civil and administrative liability, damages, costs, fines
and penalties, based on, arising out of or resulting from the
receiver's receipt or acceptance of the shipment.
(d) The commission shall by rule establish special recording
and reporting methods for timely and accurate disclosure of all
shipments of coal made by commercial motor vehicles upon a public
highway of this state.
§17C-17A-7. Permit application procedure.
The commission shall propose in accordance with provisions of
article three, chapter twenty-nine-a of this code by emergency and
legislative rules, filed no later than the first day of July two
thousand three, a permit application procedure for the issuance of
permits pursuant to the authority contained within this article.
§17C-17A-8. Powers and duties of the commission; rules and rulemaking.
In addition to all other powers, duties, responsibilities and
authority granted and assigned to the commission in this code and
elsewhere prescribed by law, notwithstanding any provision of the
code to the contrary:
(1) Notwithstanding the provisions of section three, article
one, chapter twenty-nine-a of this code, the commission shall
promulgate rules in accordance with the provisions of article
three, chapter twenty-nine-a of this code to carry out the
provisions of this article including modifying any existing rules
and establishing permit application fees up to an amount sufficient
to defray the costs of permit review;
(2) The commission or any authorized representative, employee
or agent may, at reasonable times, enter onto any coal shipping or
receiving facility for the purpose of making an inspection or
investigation;
(3) The commission may also perform or require a person, by
order, to perform any and all acts necessary to carry out the
provisions of this article or the rules promulgated under this
article;
(4) The commission, its authorized representative, employee or
agent shall make periodic inspections at coal shipping or receiving
facilities to effectively implement and enforce the requirements of this article or its rules and may conduct at weigh stations or any
other adequate site or facility inspections of coal in transit.
§17C-17A-9. Administrative sanctions.
(a) This section imposes administrative sanctions for
violations occurring on the coal resource transportation system.
It is the intent of the Legislature to impose administrative
sanctions in addition to any criminal or civil penalties upon any
person violating or assisting in the violation of the provisions of
this article.
(b) After providing notice and an opportunity to show cause
why penalties should not be imposed for the violation of provisions
of this article, the commission may impose sanctions upon an
operator, shipper, receiver or truck owner when a violation is
found to have occurred. Lack of intent is not a defense to a
violation except as it applies to receivers.
(c) Administrative sanctions for violations may be imposed as
follows:
(1) It is unlawful for any person to operate a commercial
motor vehicle engaged in the transportation of coal with a gross
vehicle weight in excess of the lawful maximum weight on a coal
resource transportation road without a permit required by section
five, of this article. Any person violating this subsection shall
have his or her driver's license suspended by the commissioner of the division of motor vehicles for a period of ninety days for the
first offense, six months for the second offense, and one year for
the third offense: Provided, That in the case of a permit, expired
for less than thirty days, the operator my present a valid permit
to the commission of motor vehicles within five days of the date of
the offense in order to avoid the penalty;
(2) Any owner of a commercial motor vehicle engaged in the
transportation of coal operating without an excess weight hauling
permit and bearing a gross vehicle weight in excess of the lawful
maximum weight for the public highway who allows the operation of
that vehicle upon a coal resource transportation road of this state
shall have any state-issued hauling permit then in force suspended
by the commission for a period of ninety days for the first
offense, six months for the second offense, and revoked for the
third offense: Provided, That in the case of a permit, expired for
less than thirty days, the operator my present a valid permit to
the commission of motor vehicles within five days of the date of
the offense in order to avoid the penalty;
(3) Any operator who operates a vehicle engaged in the
transportation of coal that has been issued a special permit by the
division upon the coal resource transportation road system and who
operates the vehicle with a gross vehicle weight that is in excess
of the lawful maximum weight allowed pursuant to the permit, shall have his or her driver's license suspended by the commissioner of
the division of motor vehicles for a period of three days for the
first offense, thirty days for the second offense, and six months
for the third offense;
(4) Any owner of a vehicle engaged in the transportation of
coal that has been issued a special permit by the commission who
allows the operation of that vehicle upon the coal resource
transportation road system with a gross vehicle weight that is in
excess of the lawful maximum weight allowed pursuant to the permit
shall have the special permit suspended by the commission for a
period of three days for the first offense, thirty days for the
second offense, and revoked for the third offense;
(5) Any operator who operates a vehicle engaged in the
transportation of coal with a suspended excess weight hauling
permit at a weight in excess of the limits imposed by article
seventeen of this chapter upon the coal resource transportation
system shall have his or her driver's license suspended by the
commissioner of the division of motor vehicles for a period of six
months for the first offense, twelve months for the second offense,
and two years for the third offense: Provided, That if the
operator is also the owner of the vehicle, the owner penalties set
forth in subdivision (6) of this subsection apply;
(6) Any owner of a vehicle engaged in the transportation of coal with a suspended excess weight hauling permit who allows the
operation of that vehicle upon the roads or highways of this state
during a period of permit suspension at a weight in excess of the
limits imposed by article seventeen of this chapter shall have all
state-issued hauling permits then in force suspended by the
commission or, if applicable, the commissioner of highways for a
period of twelve months for the first offense, two years for the
second offense, and revoked for the third offense;
(7) Any operator who operates a vehicle engaged in the
transportation of coal that has been issued a special permit by the
commission under the provisions of section five of this article and
who is charged with a violation of section one, article six,
chapter seven-c of this code upon a road or highway of this state
designated by the commissioner of division of highways as a part of
the coal resource transportation road system shall have his or her
driver's license suspended by the commissioner of the division of
motor vehicles for a period of thirty days for the first offense,
sixty days for the second offense, and revoked for the third
offense.
(8) Any person who falsifies information relating to the
acquisition of a hauling permit shall have his or her driver's
license suspended by the commissioner of the division of motor
vehicles for a period of sixty days for the first offense, one hundred twenty days for the second offense, and six months for the
third offense;
(9) Any person regulated pursuant to this article that
falsifies information relating to the acquisition of a hauling
permit shall have its state-issued business license suspended by
the commissioner of the state tax division for a period of six
months for the first offense, one year for the second offense, and
two years for the third offense;
(10) Any person who fabricates or displays an altered, forged,
or counterfeited permit shall have his or her driver's license
suspended by the commissioner of the division of motor vehicles for
a period of sixty days for the first offense, one hundred twenty
days for the second offense, and revoked for the third offense;
(11) Any person that bribes or attempts to bribe an employee
of the state of West Virginia, or who gives an employee of the
state of West Virginia a gift, gratuity, entertainment, loan, favor
or other thing of monetary value for the purpose of avoiding any
penalties permitted under this article shall have his or her state-
issued hauling permit then in force suspended by the commission for
a period of sixty days for the first offense, one hundred twenty
days for the second offense, and revoked for the third offense; and
(12) In the case of multiple violations by a permittee,
shipper, operator or receiver, the commission may direct that the imposed suspension be served concurrently or consecutively, taking
into account the frequency of violations committed during the
inclusive time periods, or in the same course of misconduct if the
commission determines that sufficient mitigating or aggravating
circumstances are present.
(13) Any person who aids or abets another person's attempt to
avoid suspension shall have his or her driver's license suspended
by the commissioner of the division of motor vehicles for a period
of sixty days for the first offense, one hundred twenty days for
the second offense and six months for the third offense.
(14) Any person that aids or abets a person's attempt to avoid
suspension shall have its state-issued business license suspended
by the tax commissioner for a period of three months for the first
offense, six months for the second offense and one year for the
third offense.
(d) Without providing a hearing, the commission may
immediately suspend a person from obtaining permits or operating
under permit authority for failure to pay a fee required under this
article until proper payment is received.
(e) Without providing a hearing, the commission and law
enforcement personnel may immediately confiscate an altered,
forged, or counterfeited permit, or a permit used in violation of
its terms and conditions. Upon issuance of a citation alleging a violation of this subsection, the vehicle and its load shall be
impounded by law-enforcement personnel until such time as a hearing
on the matter is conducted by the division.
(f) Administrative sanctions may be imposed pursuant to the
following procedures:
(1) No administrative sanction may be imposed until after the
person has been notified by certified mail or personal service.
The notice shall include: a reference to the section of statute,
rule, order, or permit violated; a concise statement of the facts
alleged to constitute a violation; a statement of the
administrative penalties to be imposed; and a statement of the
person's right to a hearing. The person has twenty days from
receipt of the notice within which to deliver to the commission a
written request for a hearing.
(2) Subsequent to the hearing and upon finding that a
violation has occurred, the commission shall issue a final order.
If no hearing is requested, the notice shall become a final order
upon the expiration of the twenty-day period.
(3) For purposes of the enhanced penalty provisions of this
section, the second and subsequent offenses shall be calculated on
a per year basis.
§17C-17A-10. Penalties for violation of weight laws; impounding
vehicles.
(a) Any owner, lessee or borrower of a commercial motor
vehicle or combination of vehicles transporting coal who operates
or permits to be operated on any highway the vehicle or combination
of vehicles with a total gross weight with load imposed upon the
highway by any one group of two or more consecutive axles in excess
of that permitted by section five of this article, is guilty of a
misdemeanor and, upon conviction thereof, shall be punished by a
fine scheduled in proportion to the number of pounds in excess of
the registered weight, or in excess of allowable weights for single
axle, or in excess of allowable weights for groups of two or more
consecutive axles, in accordance with the following schedule:
Excess WeightAmount of Fine
1 to 4,000 pounds1 cent per overweight pound
4,001 to 8,000 pounds3 cents per overweight pound
8,001 to 12,000 pounds7 cents per overweight pound
12,001 to 16,000 pounds10 cents per overweight pound
16,001 to 20,000 pounds15 cents per overweight pound
20,001 to 40,000 pounds30 cents per overweight pound
40,001 pounds or more45 cents per overweight pound
(b) Upon a second or subsequent conviction within two years
thereafter, the owner, lessee or borrower shall be punished by a
fine according to the following schedule:
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