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) 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.

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