WEST virginia legislature
2020 regular session
Introduced
Senate Bill 6
[Introduced January
8, 2020; referred
to the Committee on Transportation and Infrastructure; and then to the
Committee on the Judiciary]
A BILL to amend the Code
of West Virginia, 1931, as amended, by adding thereto two new sections,
designated §17C-1-70 and §17C-1-71; and to amend and reenact §17C-17-9a,
§17C-17-11a, and §17C-17-11d of said code, all relating to increasing the
weight limits for vehicles on highways other than the national system of
interstate and defense highways; and providing definitions.
Be it enacted by the
Legislature of West Virginia:
ARTICLE 1. WORDS AND
PHRASES DEFINED.
§17C-1-70. Highways
other than the national system of interstate and defense highways.
“Highways other than the
national system of interstate and defense highways” means all West Virginia
routes, county routes, local service routes, and other public streets,
roadways, or highways in this state that are not also part of a Coal Resource
Transportation Road under §17C-17A-1 et seq. of this code or the
national system of interstate and defense highways as defined in §17C-1-71 of
this code.
§17C-1-71. National
system of interstate and defense highways.
“National system of
interstate and defense highways” means the “Dwight D. Eisenhower National
System of Interstate and Defense Highways” described in 23 U.S.C. 103.
ARTICLE 17. SIZE,
WEIGHT, AND LOAD.
§17C-17-9a. Gross weight
of vehicles and loads on highways other than the national system of
interstate and defense highways.
(a) It is unlawful for any
owner, lessee, or borrower of a vehicle or combination of vehicles to operate on any highway other than the national system of
interstate and defense highways that vehicle or combination of vehicles
with a gross weight in excess of the gross weight for which such the
vehicle or combination of vehicles is registered or in excess of any weight
limitation set forth in this chapter, whether such the limitation
be is specifically stated in this chapter or set by express
authority granted this chapter: Provided, That if any a vehicle
is operated within the tolerances established in this section for the gross
weight of that vehicle, then that vehicle shall be deemed is for
all purposes to be operating at the gross weight for which it is
registered and the registered weight is deemed to include the 10 percent
tolerance associated with it under this section.
(b) Subject to the limit upon
the weight imposed upon the highway through any one axle as set forth in
§17C-17-8 of this code, the total gross weight on vehicles or combination of
vehicles operated on any highway other than the national system of interstate
and defense highways shall be is as follows:
(1) A single unit truck
having one steering axle and two axles in tandem shall be is limited
to a maximum gross weight of 60,000 70,000 pounds with a
tolerance of 10 percent.
(2) A single unit truck
having one steering axle and three axles in tridem arrangement shall be is
limited to a maximum gross weight of 70,000 80,000 pounds with a
tolerance of 10 percent.
(3) A single unit truck
having one steering axle and four axles in quadem arrangement, shall be a
tractor-semitrailer combination with five axles, a tractor-semitrailer
combination with six or more axles, a single unit truck having one steering
axle and two axles in tandem in combination with a trailer with two axles, and
a single unit truck having one steering axle and three axles in tridem in combination
with a trailer with two axles, are each limited to a maximum gross weight
of 73,000 90,000 pounds with a tolerance of 10 percent.
(4) A tractor-semitrailer combination with five axles, a
tractor-semitrailer combination with six or more axles, a single unit truck
having one steering axle and two axles in tandem in combination with a trailer
with two axles and a single unit truck having one steering axle and three axles
in tridem in combination with a trailer with two axles, shall be limited to
a maximum gross weight of 80,000 pounds with a tolerance of ten percent
§17C-17-11a. Authority of Commissioner of the department Division
of Highways to increase but not decrease weight limitations upon
highways designated by him or her.
If, in the opinion of the Commissioner
of the department Division of Highways, the design, construction,
and safety of any highway in this state including the national system of
interstate and defense highways and highways other than the national system of
interstate and defense highways, or portion thereof, are such that the
gross weight limitations prescribed in §17C-17-9 or §17C-17-9a of this code
can be increased without undue damage to any such highway, the commissioner
may, by order, increase but not decrease the gross weight limitations of
vehicles which may be operated upon any such highway, or portion thereof,
designated by him or her in such order and may establish therein the
gross weight limitations which shall thereafter be applicable to the any
such highway, or portion thereof, so designated by him or her: Provided,
That the maximum gross weight, including the load, established by the
commissioner for any such designated highway, or portion thereof, shall
may not exceed 80,000 pounds, except as otherwise the gross
weight limits provided in this article: Provided, however, That no
such order of the commissioner shall establish any weight limitation in excess
of or in conflict with any weight limitation prescribed by or pursuant to acts
of Congress with respect to the national system of interstate and defense
highways.
§17C-17-11d.
Establishing maximum road highway weights for highways other than the
national system of interstate and defense highways.
Effective July 1, 2004, The maximum gross vehicle weight on existing
state-maintained roads and public highways any highway other than the
national system of interstate and defense highways designated for gross
weight vehicle load of sixty-five thousand pounds, seventy-three thousand five
hundred pounds and eighty-thousand pounds vehicles with a gross weight
not exceeding 90,000 pounds shall have a tolerance of 10 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 other than the
national system of interstate and defense highways that would jeopardize or
otherwise limit federal highway fund appropriations to this state. The
commissioner of highways shall, by December 31, 2004, review and revise, as the
commissioner deems appropriate, weight limits for all state-maintained roads
and public highways and provide to the Joint Committee on Government and
Finance a report denoting all weight limits as they have been designated on
state-maintained roads and public highways
NOTE: The purpose of this bill is
to increase the weight limits for vehicles on certain highways in this state;
clarify the commissioner’s authority to increase but not decrease weight
limits; and to define certain highways in this state.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.