Bill Text: WV HB2118 | 2020 | Regular Session | Introduced
Bill Title: Relating to the power of local government authorities to regulate vehicular traffic within their borders
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - To House Technology and Infrastructure [HB2118 Detail]
Download: West_Virginia-2020-HB2118-Introduced.html
WEST virginia legislature
2019 regular session
Introduced
House Bill 2118
By Delegate Pyles
[Introduced January
9, 2019; Referred
to the Committee on Technology and Infrastructure then the Judiciary.]
A BILL to amend and reenact §17-4-27 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17C-17-12 of said code, all relating to the power of local government authorities to regulate vehicular traffic within their borders.
Be it enacted by the Legislature of West Virginia:
CHAPTER 17. ROADS AND HIGHWAYS.
ARTICLE 4. STATE ROAD SYSTEM.
§17-4-27. Same -- Control of connecting parts of state road system within municipalities.
(a) (1) The State Road Commissioner of Highways
shall exercise the same control over connecting parts of the state road system
in municipalities, except the regulation of traffic, that he or she
exercises over such system generally, but he or she shall assume no
greater duty or obligation in the construction, reconstruction and maintenance
of streets which are part of the state road system than he or she is
required to assume in the case of state roads outside of municipalities.
(2) For purposes of this subsection, “regulation of traffic” includes the power to regulate the weight and size of vehicles traveling in a municipality when there is at least one reasonable alternate route available to avoid traveling within the municipality.
(b) Subject to
subsection (a) of this section, in
order, however, to promote the safe and efficient utilization of such streets,
the location, form and character of informational, regulatory and warning
signs, curb and pavement or other markings, and traffic signals installed or
placed by any municipality on any highway or street hereafter constructed with
state or federal aid shall be are subject to the approval of the
state Road Commissioner of Highways.
CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD.
ARTICLE 17. SIZE, WEIGHT AND LOAD.
§17C-17-12. When state
road commission Commissioner of Highways or local authorities may
restrict right to use highways.
(a) Local authorities with
respect to highways under their jurisdiction within their borders
may by ordinance or resolution prohibit the operation of vehicles upon any such
highway or impose restrictions as to the weight of vehicles to be operated upon
any such highway, for a total period of not to exceed 90 days in any one
calendar year, whenever any said the highway by reason of
deterioration, rain, snow, or other climatic conditions will be seriously
damaged or destroyed unless the use of vehicles thereon is prohibited or the
permissible weights thereof reduced.
(b) The local authority
enacting any such ordinance or resolution shall erect or cause to be erected
and maintained signs designating the provisions of the ordinance or resolution
at each end of that portion of any highway affected thereby, and the ordinance
or resolution shall is not be effective unless and until such
the signs are erected and maintained.
(c) Local authorities with
respect to highways under their jurisdiction within their borders
may also, by ordinance or resolution, prohibit the operation of trucks or other
commercial vehicles, or may impose limitations as to the weight thereof, on
designated highways, which when there is at least one reasonable
alternate route available to avoid traveling within their borders. The
prohibitions and limitations shall be designated by appropriate signs placed on
such the highways. (d) Subject to subsections (a), (b)
and (c) of this section, the state road commission shall likewise
have Commissioner of Highways has the same authority, as hereinabove
granted in this section to local authorities to determine by
resolution and to impose restrictions as to the weight of vehicles operated
upon any highway under the jurisdiction of said commission the
commissioner and such the restrictions shall be are
effective when signs giving notice thereof are erected upon the highway or
portion of any highway affected. by such resolution
NOTE: The purpose of this bill is to give municipalities the authority to regulate the operation of trucks or other commercial vehicles within their borders when there is at least one reasonable alternate route available for those vehicles.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
