ENROLLED
COMMITTEE SUBSTITUTE
FOR
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 583
(Senators Chafin, Love, Edgell, Snyder, Bailey, Tomblin, Mr. President,
Minear, Guills, Weeks, Sprouse, Helmick, Ross, Sharpe and Fanning, original
sponsors)
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[Passed march 8, 2003; in effect from passage.]
____________
AN ACT 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; 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 section three, article one, chapter seventeen-e of said code; to amend chapter twenty-four-a of said code by
adding thereto a new article, designated article one-a; and to
amend article seven of said chapter by adding thereto a new
section, designated section seven, all relating to the
regulation of commercial vehicles; increasing speeding fines
for certain commercial vehicles transporting coal; authorizing
public service commission to enforce laws of the road for
commercial vehicles; authorizing public service commission to
issue special permits; 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 for designated
roads; 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 and
safety 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;
providing for its membership, organization, compensation,
expense reimbursements, duties and termination of committee;
and providing that certain employees of the public service
commission are authorized to enforce certain traffic offenses
and use radar.
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 section three, article
one, chapter seventeen-e of said code be amended and reenacted;
that chapter twenty-four-a of said code be amended by adding
thereto a new article, designated article one-a; and that article
seven of said chapter be amended by adding thereto a new section,
designated section seven, 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 authorized in this section is lawful, but any
speed in excess of the limits specified in this subsection or
established as 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 the
school grounds and extending one hundred twenty-five feet along 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 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 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 shows that the motor vehicle was being operated at ten
miles per hour or less above the speed limit, then, upon conviction
thereof, 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 shows that the motor vehicle was being operated at
ten miles per hour or less above 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 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.
(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 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 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 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 division of highways
or the public service commission designated as a member of an
official weighing crew by his or her representative agency 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 submit the vehicle
or combination of vehicles to a weighing with portable or
stationary weighing devices or submit the vehicle or combination of
vehicles to a measuring or to any other examination necessary to
determine if 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 the vehicle or combination of
vehicles be driven to the nearest weighing device.
No vehicle or combination of vehicles may be detained 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 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 it is stopped for weighing unless the
vehicle or combination of vehicles is impounded for another
violation or placed out of service for a safety violation.
(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
remain in place or be moved to a suitable location until 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 the vehicle or
combination of vehicles at the risk of 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 of the
load from the vehicle, reduces the axle loads of the vehicle to the
limit 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 driver of a vehicle 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 public service commission may, in its discretion, upon
application in writing and good cause shown 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 is continuous or
not, provided the applicant 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 terms and restrictions prescribed by
the public service commission, together with the commissioner of
highways.
(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 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 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 public service commission may charge a fee 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, 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, the
maximum gross vehicle weight on existing state-maintained roads and
public highways designated for gross weight vehicle load of eighty
thousand pounds shall have a tolerance of ten percent. All
requirements for vehicle design and axle weights otherwise
established under this code remain applicable. In no case may the commissioner authorize weight limits on any state maintained road
or public highway that would jeopardize or otherwise limit federal
highway fund appropriations to this state. The commissioner of
highways shall, by the thirty-first day of December, two thousand
three, review and revise, as the commissioner deems appropriate,
weight limits for all state maintained roads and public highways
and provide to the joint committee of government and finance a
report denoting all weight limits as they have been designated on
state maintained roads and public highways.
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 resulting need for a remedy for hauling these
additional amounts of coal is most severe in a limited and discrete
geographic area of the state where the limited access to rail and
river transportation options and economic conditions require a
regulatory program that allows a greater weight allowance for coal
hauling vehicles to address the unique economic circumstances of
that region.
(7) That this limited highway system must include additional
safety protections for the public sharing the roads with a large
coal hauling vehicle fleet and specialized training for operators
of these vehicles, requiring the program be designed to assure that
state weight and safety requirements be effectively administered
and enforced.
(b) A special 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 state 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 requirements of these vehicles, by providing for
statewide coal truck weight reporting requirements and allowing a
limited statewide increase in weights for commercial vehicles and
an additional, limited increase for vehicles hauling coal where the
greater increase is required.
§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 of up to one hundred and twenty thousand pounds,
with a five percent variance.
(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.
Only state-maintained roads and public highways found in the
following areas: Boone; Fayette; Lincoln; Logan; McDowell; Mercer;
Mingo; Raleigh; 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, Kanawha County, are
eligible to qualify as part of the coal resource transportation
road system. 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 administer the coal
resource transportation road permitting program and otherwise
enforce the provisions of this article. The 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. Copies of records shall be provided to
commission employees upon request. 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 commission shall impose and collect from shippers of
coal 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 of loading coal in excess of eighty-
eight thousand pounds for transport on a coal resource
transportation road. The fee shall be assessed in the amount of
five cents 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, the commission and the
division shall each propose legislative rules for promulgation in
accordance with the provisions of article three of said chapter to
carry out their duties and responsibilities pursuant to 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) As a condition of receipt of a special permit, vehicle
owners and operators shall submit permitted vehicles to safety
checks and other vehicle inspection requirements as required by
legislative rules of the commission. The commission may impose
additional vehicle operation and maintenance requirements by rule
as the commission deems appropriate to assure the safe operation of
vehicles issued a special permit.
(k) 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 said article by no later than the
first day of October, two thousand three.
(l) The payment of the special permit fee is in addition to any state registration fee, user fee or other decal fee.
(m) 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". Moneys of the fund shall be used by the division of
highways for construction, maintenance and repair of public
highways and bridges over which substantial quantities of coal are
transported.
(n) 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 that loads vehicles to a gross weight in excess of
eighty thousand gross pounds shall be required to report to the
commission weight and other transport-related data as required in
this article. The commission shall by rule establish special
recording and reporting methods for timely and accurate disclosure
of all shipments of coal made upon any public highway of this
state. The rules shall provide for administrative penalties to be
imposed for failure to timely or accurately report weight or other
required data.
(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 October, 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.
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) 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 in the state 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 and separate from any criminal or civil
penalties upon any person violating or assisting in the violation
of the provisions of this article.
(b) For a particular violation, the commission may take
administrative notice of criminal convictions, or a plea of nolo
contendere, for a violation for purposes of imposing the
administrative sanctions in this section in lieu of the procedure
provided in subsection (f) of this section. 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 shall 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 shall be imposed
as follows:
(1) Every shipper of coal for transport on the public roads or highways of this state which loads coal in an amount which results
in gross vehicle weight to be in excess of the weight limits
established in this article shall be subject to an administrative
penalty per pound in excess of the lawful weight pursuant to the
penalty schedule established in section ten of this article.
(2) It is unlawful for any person to operate a commercial
motor vehicle engaged in the transportation of coal with a gross
vehicle weight for nonpermitted vehicles 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 within five
days of the date of the offense in order to avoid the penalty;
(3) 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 for nonpermitted vehicles 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: Provided, however, That should there be no
state-issued hauling permit then in force, the owner shall have his
or her vehicle registration suspended by the commission of motor
vehicles for a period of ninety days for the first offense, six
months for the second offense and revoked for the third offense.
(4) 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;
(5) 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;
(6) 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 (5) of this subsection also apply;
(7) 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;
(8) 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 seventeen-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 three days for the first
offense, thirty days for the second offense and revoked for the
third offense.
(9) 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;
(10) 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;
(11) 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;
(12) 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
(13) 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.
(14) 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.
(15) 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
. Upon the completion of
all administrative appeals of any violation that results in a
license suspension, the commission shall notify the division of
motor vehicles which shall act accordingly.
(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.
(4) In addition to the imposition of an administrative
sanction, the commission or division may, by administrative order
and upon an appropriate finding, assess a violator for the
reasonable costs, as established by rules of any investigation,
inspection or monitoring survey which led to the establishment of
the violation.
§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 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 based on 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 pounds..1 cent per overweight pound
4,001 to 8,000 pounds.3 cents per overweight pound
8,001 to 12,000 pounds.7 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:
Excess WeightAmount of Fine
1 to 4,000 pounds .1 cent per overweight pound
4,001 to 8,000 pounds5 cents per overweight pound
8,001 to 12,000 pounds10 cents per overweight pound
12,001 to 16,000 pounds15 cents per overweight pound
16,001 to 20,000 pounds20 cents per overweight pound
20,001 to 40,000 pounds40 cents per overweight pound
40,001 pounds or more80 cents per overweight pound
(c) The fines specified in subsections (a) and (b) of this
section are mandatory and may not be waived or reduced by any
judicial officer.
(d) In the event any owner, lessee or borrower of a vehicle is
charged with violating this section, the vehicle charged to have
been overloaded shall be impounded by the arresting officer. The
vehicle shall not be released to the alleged offender or the owner
unless and until he or she either has: (1) Been acquitted of the
charge; (2) been found guilty of the charge and paid any fine
assessed under subsection (a) or (b) of this section; or (3)
furnished cash or surety bond in at least double the amount of the
fine which may be assessed the offender under subsection (a) or (b)
of this section conditioned upon the payment of any fine and costs
assessed for the violation. The offender is liable for any reasonable storage costs incurred in storing impounded vehicles:
Provided, That if the owner of the vehicle is a resident of or has
a principal place of business located in this state and the vehicle
has been duly licensed in the state, then the vehicle may not be
impounded by the arresting officer who shall deliver to the
operator a written notice of the violation; the place, date and
time of violation; the license number of the vehicle; the title
number and name and address of the owner; the driver's name,
address and the number of his or her commercial driver's license;
and the court, place, date and time for hearing, which shall be
within ten days of the violation, Saturdays, Sundays and holidays
excluded. A copy of the notice shall be mailed to the owner of the
vehicle within forty-eight hours. If the owner or his, her or its
agent fails to appear at the designated place and time or, if
convicted, fails to pay the fine and costs assessed for the
violation, the court shall order the owner to post a bond or the
impounding of the vehicle as provided in this section.
(e) Any shipper or receiver who directs or knowingly permits
a commercial motor vehicle to be loaded in excess of registered
weight, allowable weights for single axle or allowable weights for
groups of two or more consecutive axles is also guilty of a
misdemeanor and, upon conviction, shall be punished by a fine equal
to that which may be imposed on the owner, lessee or borrower of a commercial motor vehicle under subsection (a) of this section.
(f) The penalties and fees specified in this section are in
addition to any other liability that may be legally fixed against
the owner, operator or other person charged with a weight
violation.
§17C-17A-11. Effective date.
Criminal and administrative penalties imposed by this article
take effect on the first day of October, two thousand three.
§17C-17A-12. Designating special coal resource transportation
roads, highways and bridges.
(a) From those counties and districts described in subdivision
(a), section two of this article, the commissioner of the division
of highways shall identify those public roads, highways and bridges
used during the previous twelve month period for transportation of
quantities of coal in excess of fifty thousand tons or projected to
be used for transporting quantities of coal in excess of fifty
thousand tons during the ensuing year. The identification process
shall include the following as to each discretely identifiable
section of the public highway:
(1) The current condition of the public roads, highways and
bridges;
(2) The estimated quantities of coal transported;
(3) Any planned or necessary maintenance or improvement;
(4) The number of truck loads of coal transported in an
average day;
(5) Any anticipated increase or decrease in the quantity of
coal being transported; and
(6) Other information determined by the commissioner to be
relevant.
(b) Upon completion of the identification process, but in no
event later than the first day of July, two thousand three, the
commissioner shall designate by order an interim coal resource
transportation road system consisting of those public roads,
highways, bridges or segments thereof which may be used as special
coal haulage roads consistent with the authority contained in this
article. The commissioner shall establish a process for the
receipt and evaluation of public comment on the designations
contained within the interim coal resource transportation road
system, and designate weight limits and other conditions for use of
the coal resource transportation road system as public interest so
provides
. The commissioner shall publish a directory, including
supporting maps and other documents, of the interim coal resource
transportation road system.
(c) By no later than the first day of January, two thousand
four, the commissioner shall designate by order the coal resource
transportation road system and shall publish a directory, including supporting maps and other documents, of that road system.
(d) The commissioner shall establish a process for periodic
evaluation of the designations contained in the coal resource
transportation road system in order to add to or delete from the
road system certain additional sections of public highways:
Provided, That the evaluations and modifications of the road system
shall be completed at a minimum on an annual basis.
§17C-17A-13. Authority of the commissioner of the division of
highways relating to road and bridge repair on designated
coal resource transportation roads.
(a) In addition to all other powers provided by law to the
commissioner of highways, he or she may enter into agreements with
coal shippers, motor vehicle operators or owners holding or
applying for permits issued pursuant to this article, or with any
other persons, for the purpose of replacing, repairing, widening,
reconstructing, altering, improving or maintaining public highways
used for coal resource transportation. These agreements shall
contain necessary criteria to assure any damages associated with
the transport of coal upon the respective public highways are
ameliorated.
(b) All moneys collected by the commissioner shall be
deposited in a special account created within the state road fund,
known as the coal resource transportation fund, to be expended for the purposes set forth in subsection (a) of this section.
§17C-17A-14. Exclusion of off-road vehicles.
Notwithstanding any other provisions of state law to the
contrary, the provisions of this article shall not apply to coal
hauling vehicles operating off-road or vehicles designed for off-
road.
§17C-17A-15. Exclusion of interstate highways.
Notwithstanding any other provisions of this code to the
contrary, the provisions of this article shall not apply to the
interstate highways in this state.
§17C-17A-16. Spotting unlawful; penalties.
It is unlawful for any person to intentionally assist an owner
or operator of a commercial motor vehicle engaged in the
transportation of coal to avoid a road, safety or other lawful
inspection or enforcement activity by any law or weight enforcement
officer through electronic communications or other means intended
to give the commercial vehicle driver knowledge of the location of
the officers. Any person who violates this section is guilty of a
misdemeanor and shall, upon conviction, be fined not less than one
thousand dollars and upon a second or subsequent conviction, fined
not less than two thousand dollars.
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 the first day of July, two thousand three, 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 the first day of July, two thousand three, 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.
(a) Effective the first day of July, two thousand three,
employees of the department of transportation whose primary
governmental duties as of the thirtieth day of June, two thousand
three, 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.
(b) Upon the transfer of employees as provided in subsection
(a) of this section, the department of transportation shall pay to
the public service commission the costs of personal services, employees benefits and other associated costs of the transferred
employees.
§17C-17B-4. Costs of enforcement to be funded from revenues in
state road fund.
(a) On and after the first day of July, two thousand three,
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.
(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 the first day of
July, two thousand four, the commission shall include in its budget
to the legislature the costs of implementation and continuing
enforcement of this article for payment and appropriation from the
state road fund, or other sources as deemed appropriated, 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.
CHAPTER 17E. UNIFORM COMMERCIAL DRIVER'S LICENSE ACT.
ARTICLE 1. COMMERCIAL DRIVER'S LICENSE.
§17E-1-3. Definitions.
Notwithstanding any other provision of this code, the
following definitions apply to this article:
"Alcohol" means:
(a) Any substance containing any form of alcohol, including,
but not limited to, ethanol, methanol, propanol and isopropanol;
(b) Beer, ale, port or stout and other similar fermented
beverages (including sake or similar products) of any name or
description containing one half of one percent or more of alcohol
by volume, brewed or produced from malt, wholly or in part, or from
any substitute for malt;
(c) Distilled spirits or that substance known as ethyl alcohol, ethanol or spirits of wine in any form (including all
dilutions and mixtures thereof from whatever source or by whatever
process produced); or
(d) Wine of not less than one half of one percent of alcohol
by volume.
"Alcohol concentration" means:
(a) The number of grams of alcohol per one hundred milliliters
of blood;
(b) The number of grams of alcohol per two hundred ten liters
of breath; or
(c) The number of grams of alcohol per sixty-seven milliliters
of urine.
"Commercial driver's license" means a license issued in
accordance with the requirements of this article to an individual
which authorizes the individual to drive a class of commercial
motor vehicle.
"Commercial driver's license information system" is the
information system established pursuant to the federal commercial
motor vehicle safety act to serve as a clearinghouse for locating
information related to the licensing and identification of
commercial motor vehicle drivers.
"Commercial driver instruction permit" means a permit issued
pursuant to subsection (d), section nine of this article.
"Commercial motor vehicle" means a motor vehicle designed or
used to transport passengers or property:
(a) If the vehicle has a gross vehicle weight rating as
determined by federal regulation;
(b) If the vehicle is designed to transport sixteen or more
passengers, including the driver; or
(c) If the vehicle is transporting hazardous materials and is
required to be placarded in accordance with 49 C. F. R. part 172,
subpart F.
"Commissioner" means the commissioner of motor vehicles of
this state.
"Controlled substance" means any substance classified under
the provisions of chapter sixty-a of this code (uniform controlled
substances act) and includes all substances listed on Schedules I
through V, inclusive, article two of said chapter sixty-a, as they
are revised.
"Conviction" means the final judgment in a judicial or
administrative proceeding or a verdict or finding of guilty, a plea
of guilty, a plea of nolo contendere or a forfeiture of bond or
collateral upon a charge of a disqualifying offense, as a result of
proceedings upon any violation of the
requirement of this article.
"Division" means the division of motor vehicles.
"Disqualification" means a prohibition against driving a commercial motor vehicle.
"Drive" means to drive, operate or be in physical control of
a motor vehicle in any place open to the general public for
purposes of vehicular traffic. For the purposes of sections
twelve, thirteen and fourteen of this article, "drive" includes
operation or physical control of a motor vehicle anywhere in this
state.
"Driver" means any person who drives, operates or is in
physical control of a commercial motor vehicle, in any place open
to the general public for purposes of vehicular traffic, or who is
required to hold a commercial driver's license.
"Driver's license" means a license issued by a state to an
individual which authorizes the individual to drive a motor vehicle
of a specific class.
"Employee" means a person who is employed by an employer to
drive a commercial motor vehicle, including independent
contractors. An employee who is self-employed as a commercial
motor vehicle driver shall comply with the requirements of this
article pertaining to both employees and employers.
"Employer" means any person, including the United States, a
state or a political subdivision of a state, who owns or leases a
commercial motor vehicle or assigns a person to drive a commercial
motor vehicle.
"Farm vehicle" includes a motor vehicle or combination vehicle
registered to the farm owner or entity operating the farm and used
exclusively in the transportation of agricultural or horticultural
products, livestock, poultry and dairy products from the farm or
orchard on which they are raised or produced to markets, processing
plants, packing houses, canneries, railway shipping points and cold
storage plants and in the transportation of agricultural or
horticultural supplies and machinery to the farms or orchards to be
used on the farms or orchards.
"Farmer" includes an owner, tenant, lessee, occupant or person
in control of the premises used substantially for agricultural or
horticultural pursuits who is at least eighteen years of age with
two years' licensed driving experience.
"Farmer vehicle driver" means the person employed and
designated by the "farmer" to drive a "farm vehicle" as long as
driving is not his or her sole or principal function on the farm
who is at least eighteen years of age with two years' licensed
driving experience.
"Gross combination weight rating (GCWR)" means the value
specified by the manufacturer as the loaded weight of a combination
(articulated) vehicle. In the absence of a value specified by the
manufacturer, GCWR will be determined by adding the GVWR of the
power unit and the total weight of the towed unit and any load thereon.
"Gross vehicle weight rating (GVWR)" means the value specified
by the manufacturer as the loaded weight of a single vehicle. In
the absence of a value specified by the manufacturer the GVWR will
be determined by the total weight of the vehicle and any load
thereon.
"Hazardous materials" has the meaning as that found in the
Hazardous Materials Transportation Act (§49 U. S. C. 5101,
et seq.,
(1998)).
"Motor vehicle" means every vehicle which is self-propelled
and every vehicle which is propelled by electric power obtained
from overhead trolley wires but not operated upon rails.
"Out-of-service order" means a temporary prohibition against
driving a commercial motor vehicle as a result of a determination
by a federal agency or the public service commission, pursuant to
chapter twenty-four-a of this code, that: (a) The continued use of
a commercial motor vehicle may result in death, serious injury or
severe personal injury; or (b) the continued actions by the driver
of a commercial motor vehicle poses an imminent hazard to public
safety.
"Violation of an out-of-service order" means: (a) The
operation of a commercial motor vehicle during the period the
driver was placed out of service; or (b) the operation of a commercial motor vehicle by a driver after the vehicle was placed
out of service and before the required repairs are made.
"Serious traffic violation" means:
(a) Excessive speeding which is defined as fifteen miles per
hour in excess of all posted limits;
(b) Reckless driving as defined in section three, article
five, chapter seventeen-c of this code, including erratic lane
changes and following the vehicle ahead too closely;
(c) A violation of state or local law relating to motor
vehicle traffic control, other than a parking violation, arising in
connection with a fatal traffic accident. Vehicle defects are
excluded as serious traffic violations, except as to violations
committed by a special permittee on the coal resource
transportation system; or
(d) Any other serious violations determined by the United
States secretary of transportation.
"State" means a state of the United States and the District of
Columbia.
"Tank vehicle" means any commercial motor vehicle that is
designed to transport any liquid or gaseous materials within a tank
that is either permanently or temporarily attached to the vehicle
or the chassis. These vehicles include, but are not limited to,
cargo tanks and portable tanks, as defined in 49 C. F. R. Part 171 (1998). However, this definition does not include portable tanks
having a rated capacity under one thousand gallons.
"At fault traffic accident" means for the purposes of waiving
the road test, a determination, by the official filing the accident
report, of fault as evidenced by an indication of contributing
circumstances in the accident report.
CHAPTER 24A. COMMERCIAL MOTOR CARRIERS.
ARTICLE 1A. COMMERCIAL VEHICLE REGULATION.
§24A-1A-1. Regulation of commercial vehicle weights.
(a) Effective the first day of July, two thousand three, the
commission has jurisdiction over the enforcement of this code and
rules promulgated under this code, including, but not limited to,
applicable provisions of article seventeen-a, chapter seventeen-c
of this code relating to vehicular weight.
(b) Effective the first day of January, two thousand three,
the commission has jurisdiction over the issuance of permits for
excess vehicular weight.
(c) Effective the first day of January, two thousand three,
employees of the division of highways, department of
transportation, whose primary governmental duties as of the
thirtieth day of June, two thousand two, included the
administration and enforcement of state statutes and rules relating
to vehicular weight or the issuance of permits for excess vehicular weight shall be transferred from the division of highways and
department of transportation to the commission.
(d) The commission shall implement and administer the
provisions of this section and of articles six, six-a and six-b of
this chapter.
§24A-1A-2. Creation of advisory committee; purpose; members;
terms.
(a) There is created the commercial motor vehicle weight and
safety enforcement advisory committee, the purpose of which is to
study the implementation of the commercial motor vehicle weight and
safety enforcement program set forth in this article.
(b) The committee consists of the following members:
(1) One member who is an employee of the division of highways,
to be appointed by the commissioner of highways;
(2) One member who is an employee of the public service
commission, to be appointed by the chairman of the public service
commission;
(3) One member who is a state police officer, to be appointed
by the superintendent of the state police;
(4) One member who is an employee of the division of motor
vehicles, to be appointed by the commissioner of motor vehicles;
(5) One member who is an employee of the development office,
to be appointed by the governor;
(6) One member who is representative of the coal industry, to
be appointed by the governor;
(7) One member of the Senate, to be appointed by the president
of the Senate;
(8) One member of the House of Delegates, to be appointed by
the speaker of the House of Delegates;
(9) One citizen member, to be appointed by the governor; and
(10) One member of the largest organization representing coal
miners, to be appointed by the governor.
(c) Members shall serve for terms of three years. No member
may be appointed to serve more than two consecutive terms.
(d) The committee shall annually nominate from its members a
chair, who shall hold office for one year.
(e) The committee shall hold at least four meetings each year
or more often as may, in the discretion of the chair, be necessary
to effectuate the purposes of this article.
(f) The public members of the committee may receive
compensation for attendance at official meetings, not to exceed the
amount paid to members of the Legislature for their interim duties
as recommended by the citizens legislative compensation commission
and authorized by law.
(g) Committee members may be reimbursed for actual and
necessary expenses incurred for each day or portion of a day engaged in the discharge of committee duties in a manner consistent
with guidelines of the travel management office of the department
of administration.
(h) On or before the first day of January, two thousand four,
and each subsequent year thereafter, the committee shall submit to
the governor and to the Legislature a report of its recommendations
for improving the effectiveness of the commercial vehicle weight
and safety enforcement program.
(i) The commercial vehicle weight and safety enforcement
advisory committee shall continue to exist until the first day of
July, two thousand seven, pursuant to the provisions of article
ten, chapter four of this code, unless sooner terminated, continued
or reestablished pursuant to the provisions of that article.
§24A-7-7. Authority of motor carrier inspectors to enforce all
traffic rules as to commercial vehicles; use of radar as
evidence.
(a) The employees of the commission designated as motor
carrier inspectors have the same authority as law-enforcement
officers generally to enforce the provisions of chapter seventeen-c
of this code with respect to commercial motor vehicles owned or
operated by motor carriers, exempt carriers or private commercial
carriers where vehicles have a gross vehicle weight rating of ten
thousand pounds or more.
(b) The speed of a commercial motor vehicle owned or operated
by a motor carrier, exempt carrier or private commercial carrier
may be proved by evidence obtained by use of any device designed to
measure and indicate or record the speed of a moving object by
means of microwaves, when the evidence is obtained by employees of
the commission designated as motor carrier inspectors. The
evidence so obtained is prima facie evidence of the speed of the
vehicle.
(c) Motor carrier inspectors shall also perform a north
American standard safety inspection of each commercial motor
vehicle stopped for enforcement purposes pursuant to this section.
(d) Before exercising the provisions of this section, the
motor carrier inspectors shall receive adequate training.
(e) Nothing in this section affects the existing authority of
law-enforcement officers not employed by the commission to enforce
the provisions of chapter seventeen-c of this code.
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