Senate Bill No. 583
(By Senators Chafin, Love, Edgell, Snyder, Bailey, Tomblin, Mr.
President, Minear, Guills, Weeks, Sprouse, Helmick, Ross, Sharpe
and Fanning)
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[Introduced February 17, 2003; referred to the Committee on
Energy, Industry and Mining; and then to the Committee on
Finance.]
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A BILL to amend chapter seventeen-c of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article seventeen-a,
relating to raising current weight limits to a minimum of
eighty thousand pounds; creating the extended weight coal haul
road system; providing for special permits system allowing for
transportation of coal at weights in excess of certain maximum
gross weights; prescribing the criteria for designating state
roads and highways that are eligible to compose the extended
weight coal haul system; prescribing the criteria for issuance
of special permits and conditions thereon; providing that the
secretary of the department of transportation determine the
permit system; requiring decals indicating use of system;
prescribing decal fees; prescribing requirements for requests for decals and prorating fees; providing for impoundment of
vehicles operated in violation of the weight limits prescribed
herein; providing for criminal penalties for owners, lessees
and borrowers of vehicles and civil administrative penalties
for producers and shippers of coal shipped in excess of
permitted weights; reporting requirements for vehicle owners
and receivers of coal transported on public highways;
providing for reduction of weight and speed limits by the
secretary of the department of transportation; providing the
secretary of the department of transportation authority to
promulgate rules relating to special permits, inspections and
the assessment of administrative penalties; and providing for
the concurrent jurisdiction of magistrates and the disposition
of civil administrative penalties.
Be
it enacted by the
Legislature of West Virginia:
That chapter seventeen-c of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by adding
thereto a new article, designated article seventeen-a, to read as
follows:
ARTICLE 17A. EXTENDED WEIGHT COAL HAUL ROAD SYSTEM.
§17C-17A-1. Establishing maximum road highway weights.
Effective the first day of July two thousand three, unless the
secretary of transportation finds cause to establish a lower weight
or prescribe other safety measures consistent with and under the authority of section seven of this article, the maximum weight on
all state maintained roads and public highways that are not part of
the "extended weight coal haul road system" shall be consistent
with the maximum weight established by the US department of
transportation for highways governed by federal weight limits plus
a tolerance of ten percent.
§17C-17A-2. Extended weight coal haul road system; designation of
roads; interim declaration, eligible roads.
(a)
The "extended weight coal haul road system" shall consist
of and be limited to all state-maintained roads and public highways
as designated in subsection (b) of this section where quantities of
coal in excess of fifty thousand tons were transported by motor
vehicles during the previous calendar year. In addition, the
secretary of transportation is hereby authorized to designate and
certify any road pursuant to subsection (b) of this section on an
interim basis that is projected to have in excess of fifty thousand
tons of coal transported over it by motor vehicles in the ensuing
twelve-month period.
(b) The secretary of transportation shall by official order
on or before fifteenth day of April, two thousand three, and the
first day of November of each year thereafter, designate such
public highways or portions thereof, as fulfill the criteria in
subsection (a) of this section and are eligible under subsection
(c) of this section, as the extended weight coal or coal haul road system. A copy of the order and an updated list of all roads and
public highways comprising the "extended weight coal haul road
system" shall be published in the state register.
(c)
All state-maintained roads and public highways as
specified in the following districts of Title 110, Series 11,
department of tax rule: Valuation of active and reserve coal
property for ad valorem property tax purposes are eligible to
qualify as part of the "extended weight coal haul road system":
Region 5.
Which includes the counties of Boone, Fayette,
Lincoln, Logan, McDowell, Mercer, Mingo, Raleigh, Summers, Wayne,
Wyoming, and the southeast portion of Kanawha.
Region 4. No counties.
Region 3. No counties.
Region 2. No counties.
Region 1. No counties.
(d) The secretary of transportation shall, upon application in
writing and good cause being shown therefore issue a special permit
in writing authorizing the applicant to operate or move a vehicle
or combination of vehicles for a distance not to exceed five miles,
such vehicles or combination of vehicles of a size or weight or
loading exceeding the maximum specified in this chapter or
otherwise not in conformity with the provision of this chapter,
whether the operation be continuous or not, provided the applicant
shall agree to compensate the Secretary of Transportation for all damages or expenses incurred in connection with such operation.
§17C-17A-3. Operation of vehicles under special permits; weight
limitations; payment of decal fees.
(a) Any vehicle, when transporting coal over the "extended
weight coal haul road system," may be operated at the weights as
set forth herein in excess of the maximum gross weight prescribed
in section nine, article seventeen, chapter seventeen-c of this
code 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 as set forth below.
(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 five 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 five hundred 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 five 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) In order to qualify for issuance of a special permit, the
applicant therefor must provide information which shows 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, manufacturer rated capacity. In the event that
manufacturer rated capacity is not available, any other information
as reasonably determined by the secretary of the department of
transportation to give evidence of adequate combined axle rating
capacity may be submitted. Additionally, all vehicles qualifying
for a special permit and hauling in excess of one hundred thousand
pounds must be equipped with the following: (1) Engine brake; (2)
rear axle minimum rating of forty-four thousand pound; (3) front
axle minimum rating of twelve thousand pound; and, in addition,
tractor-semitrailer combinations with five or more axles must have
a fifth wheel rating of seventy thousand pound "vertical" and one
hundred fifty thousand pound "draw" and all trailer axles must have
a twenty-five thousand pound rating.
(d) Special permits authorized by this section shall be issued
by the division of motor vehicles. Application for special permits shall be made on forms prescribed and furnished by the division of
motor vehicles. The special permits 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 shall be replaced in accordance with
regulations to be promulgated by the secretary of the department of
transportation. The special permit shall be issued to a particular
vehicle and shall remain with the vehicle upon transfer of
possession or ownership of the vehicle.
(e) Special permits issued pursuant to this section shall be
valid from the date of purchase until the thirty-first day of March
of the year for which the permit is issued:
Provided, That the
special permit fee shall be prorated, if necessary, pursuant to
rules to be promulgated by the secretary of the department of
transportation.
(f) For purposes of this section, the dimensional requirements
of motor vehicles shall conform to all applicable federal laws and
regulations. Nothing in this section shall be construed or
administered so as to jeopardize the receipt of federal funds for
highway purposes.
(g) Any vehicle operated with a special permit issued under
the provisions of this section shall stop and submit the vehicle or
combination of vehicles to a 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 thus or
refuses to comply with any requirement of section ten, article
seventeen of this chapter shall forfeit all privileges granted by
the special permits.
(h) Any vehicle or combination of vehicles transporting any
load of coal pursuant to the provisions of this section shall be
securely covered to prevent the escape of the load.
(i) The secretary of the department of transportation shall
propose rules for legislative approval 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 within thirty days of the effective date of this
enactment.
(j) The payment of the special permit fee shall be in addition
to any state registration fee, user fee or other decal fee.
(k) All revenues generated pursuant to this section shall be
credited to a special account within the road fund called the
"extended weight coal recovery fund." All extended weight coal
recovery 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 and for driver
training and education programs and general highway safety
initiatives.
§17C-17A-4. Liability of producers and shippers; civil penalties.
(a) No producer or shipper of any coal transported under the
provisions of a special permit issued under this article may
knowingly and willfully allow any vehicle to leave its premises
with a load which is in excess of the permitted weight limits set
forth in section three of this article.
(b) Any person found to be in violation of this section is
liable for a civil administrative penalty in accordance with the
following schedule:
Pounds
in excess of the permitted weight
(including tolerance)
Amount
of
Fine
1,000
to 5,000$ 500.00
5,001
to
10,000$ 1,500.00
10,001
to
15,000$ 3,000.00
15,001
to
20,000$ 3,500.00
20,001
to
25,000$ 4,000.00
25,001
to
30,000
$ 4,500.00
30,001
to35,000$ 5,000.00
35,001
to40,000$ 6,000.00
40,001
to45,000$ 7,000.00
45,001
to50,000$ 8,000.00
50,001
to70,000$ 9,000.00
70,001 and over
$10,000.00
(c)
Within five business days? notice, all producers and
shippers of coal shall make available for inspection, upon the
presentation of proper credentials and at reasonable times, by the
secretary of the department of transportation or his or her
designee, at the place of business of the producer or shipper, all
shipping tickets directly related to the enforcement of a specific
violation of this section. The notice shall include a reference to
the section of the statute allegedly violated, the nature and
substance of the alleged violation, and a description of the
documents sought to be reviewed:
Provided, That records allowed to
be inspected pursuant to this section shall be those kept onsite
only during the normal course of business:
Provided, however, That
the records may not be required to be maintained for more than
three months after the date of the event recorded thereon.
§17C-17A-5. Liability of owners, lessees or borrowers of
vehicles; criminal penalties; impounding
vehicles.
(a) Any owner, lessee, or borrower of a vehicle or combination of vehicles for which a special permit has been issued under this
article who knowingly and willfully operates or permits to be
operated on any highway the vehicle or combination of vehicles with
any axle load in excess of that permitted by this article is guilty
of a misdemeanor and, upon conviction thereof, shall be punished by
a fine scheduled in proportion to the amount of pounds in excess of
the permitted weight plus a tolerance of five percent of the
permitted weight, or in excess of allowable weights for groups of
two or more consecutive axles plus a tolerance of five percent of
the permitted weight, in accordance with the schedule in words and
figures as follows:
Amount
of
Fine
1,000
to
5,000$ 500.00
5,001
to
10,000$ 1,500.00
10,001
to
15,000$ 3,000.00
15,001
to
20,000$ 3,500.00
20,001
to
25,000$ 4,000.00
25,001
to
30,000$ 4,500.00
30,001
to35,000$ 5,000.00
35,001
to40,000$ 6,000.00
40,001
to45,000$ 7,000.00
45,001
to50,000$ 8,000.00
50,001to70,000$ 9,000.00
70,001 and over$10,000.00
(b) If any owner, lessee or borrower of a vehicle is charged
with knowingly and willfully violating this section, the vehicle
which is charged to be overloaded shall be impounded by the
arresting officer and may not be released to the owner, lessee or
borrower unless and until the owner, lessee or borrower either is
found guilty and paid any fine assessed against the owner, lessee
or borrower, or has furnished cash or surety bond in at least
double the amount of the fine which may be assessed against the
owner, lessee or borrower for the violation of this section and
conditioned upon the payment of any fine and costs assessed for the
violation, or has been acquitted of the charge. The owner, lessee
or borrower is liable for any reasonable storage costs incurred in
storing the 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 but the arresting officer
shall deliver to the driver a written notice stating the violation;
the place, date and time; 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 operators or chauffeur?s card
or permit; 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 within forty-eight
hours be served by certified mail to the owner of the vehicle.
Upon the failure by the owner or its agent to appear at the
designated place and time, or upon failure to pay the fine and
costs assessed for such violation, unless the owner has been
acquitted of the charge, the court shall order a bond or the
impounding of the vehicle as provided in this section.
§17C-17A-6. Reporting requirements for vehicle owners and
receivers of coal transported on public highways.
(a) Every owner of a vehicle which is used to transport coal
on a public highway of this state is subject to the provisions of
this article and may be subject to any rules established by the
department requiring reporting monitoring or removal from service
of any unsafe vehicle or driver.
(b) 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 department of transportation weight in
excess of legal limits and other data related to any shipment, as
required by rules to be promulgated by the secretary. The
department?s rules shall provide for administrative penalties to be
imposed for failure to timely or accurately report the shipments as
required by the rules, and shall further provide that compliance
with the reporting requirements set forth therein shall cause the
receiver of coal 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 any shipment.
(c) The department 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. Reduction of load and speed limits.
(a) The secretary of the department of transportation, in
respect to state and federal highways, may prescribe, by notice as
provided in subsection (c) of this section, load and speed limits
lower than tire limits prescribed in this code whenever in his or
her judgment any highway may, by reason of its design,
deterioration, rain or other natural causes, be damaged or
destroyed by motor trucks or semitrailer trucks, if their gross
weight or speed exceeds certain limits. The secretary of the
department of transportation may, by like notice, regulate or
prohibit the operation of motor trucks or semitrailer trucks on
state highways or county roads for limited periods of specified
days, or parts of days, if their load and speed exceed those
limits, whenever, in the judgment of the secretary, the regulations
or prohibition is necessary, by reason of traffic density or
intensive use by the traveling public, to provide for the public
safety on the highway.
(b) The secretary of the department of transportation in
respect to bridges on the roads designated by the secretary of the
department of transportation may prescribe, by notice, as provided
in subsection (c) of this section, gross weight limits lower than
the limits prescribed herein when in the judgment of the secretary
any bridge on the roads designated by the secretary of the
department of transportation may, by reason of its design or
deterioration, be damaged or destroyed to the point of catastrophic
failure by motor vehicles, if their gross weight exceeds certain
limits. In lieu of lowering applicable weight limits, the
secretary may prescribe other measures such as limiting the number
of motor vehicles transporting coal simultaneously traveling across
bridges or similar road structures.
(c) The notice or the substance of it shall be posted at
conspicuous places at the termini of and at all intermediate
crossroads and road junctions with the section of the highway to
which the notice applies. After the notice has been posted, no
person may operate any motor truck or semitrailer truck contrary to
its provisions.
(d) Nothing contained herein may abrogate any authority given
the secretary of the department of transportation or any company
under the provisions of article twenty-five, chapter seventeen of
this code.
§17C-17A-8. Authority to promulgate rules.
(a) The secretary of the department of transportation shall
propose rules for legislative approval in accordance with the
provisions of article three, chapter twenty-nine-a of this code
relating to the operation of vehicles under special permits
authorized by this article and driving habits generally, along with
appropriate penalties for violations which may include, but not be
limited to, revocation of driver licenses and other privileges.
The secretary of the department of transportation may also propose
rules for legislative approval in accordance with the provisions of
article three, chapter twenty-nine-a of this code: Specifying that
when any person operating a vehicle under a special permit issued
under this article violates the speed limitations set forth in the
provisions of article six of this chapter, the penalty to be
imposed for the violation shall be triple the maximum amount
allowed by law; authorizing department of transportation weight
enforcement personnel to issue speeding citations to drivers of
motor vehicles regulated by this chapter on noninterstate highways;
and, providing that any driver with more than two speeding
violations within a twelve-month period shall forfeit the
endorsement for the operation of a motor vehicle established
pursuant to section twelve, article one, chapter seventeen-e of
this code;
(b) The secretary of the department of transportation shall
propose rules for legislative approval in accordance with the provisions of chapter twenty-nine-a of this code relating to
allowing the secretary of the department of transportation to
inspect weight records or bills of lading directly related to the
purposes of assessing civil penalties under this section against
the producer and/or shipper, transporters and receivers of coal.
(c) The secretary of the department of transportation shall
promulgate rules in accordance with the provisions of chapter
twenty-nine-a of this code: Relating to the operation of vehicles
on the extended weight coal haul road system and driving habits
generally, along with appropriate penalties for violations which
may include, but not be limited to, revocation of driver licenses
and other privileges, vehicle inspections to be conducted by the
public service commission or other qualified representative to be
determined by the commission; standards providing for enhanced
random alcohol and drug testing on a semiannual basis of all
drivers holding a commercial driver license pursuant to section
twelve, article one, chapter seventeen-e of this code; standards
authorizing public service commission safety enforcement personnel
to issue speeding citations to coal hauling trucks on noninterstate
highways; standards for new truck driver training courses to
develop and instill knowledge, attitudes, habits and skills
necessary for the safe operation of vehicles carrying coal,
including annual refresher training; and standards for the
establishment of large identification members to be prominently displayed on vehicles carrying coal so as to be readily identified
by the public when operating in an unsafe manner.
(d) Notwithstanding anything contained in this section to the
contrary, regulations governing the safe operation and maintenance
of vehicles operated by owners, lessees and borrowers covered by
this chapter shall be promulgated by the West Virginia public
service commission pursuant to its authority under section one,
article four, chapter twenty-four-a of this code.
(e) All rules authorized by this section shall be initially
promulgated as emergency rules pursuant to the provisions of
article three, chapter twenty-nine-a of this code within thirty
days of the effective date of this enactment.
§17C-17A-9. Concurrent jurisdiction of magistrates.
Magistrates have concurrent jurisdiction with the circuit
court to hear, try and determine actions commenced under this
article.
§17C-17A-10. Disposition of civil administrative penalties.
Any civil administrative penalty imposed pursuant to this
article shall be paid by the defendant to the state of West
Virginia road fund and shall be available for appropriation
therefrom.
§17C-17A-11. Exclusion of interstate highways.
Notwithstanding any other provisions of state law to the
contrary, no provisions of this article shall apply to the interstate highways in West Virginia.
§17C-17A-12. Exclusion of off-road vehicles.
Notwithstanding any other provisions of state law to the
contrary, no provisions of this article shall apply to coal hauling
vehicles operating off-road or vehicles designed for off-road use.
NOTE: The purpose of this bill is to generally upgrade and
revise legal weight limits on state roads and highways statewide
and to create on a regional basis a special permitting system
allowing for transportation of coal at weights in excess of certain
maximum gross weights. It prescribes the criteria for issuance of
special permits and conditions and provides that the secretary of
the Department of Transportation determine the permit system. It
also substantially increases fines and penalties for weight and
moving violations and imposes mandatory reporting requirements on
vehicle owners, and receivers of coal, in order to significantly
improve enforcement efficiencies.
This article is new; therefore, strike-throughs and
underscoring have been omitted.
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