Bill Text: WV SB73 | 2019 | Regular Session | Introduced
Bill Title: Increasing vehicle weight limits on certain highways
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-01-09 - To Transportation and Infrastructure [SB73 Detail]
Download: West_Virginia-2019-SB73-Introduced.html
WEST virginia legislature
2019 regular session
Introduced
Senate Bill 73
By Senator Cline
[Introduced
January 9, 2019; 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 17. SIZE, WEIGHT, AND LOAD.
§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.
§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.