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West Virginia Legislature To Tackle Overweight Coal Trucks

Calling overweight trucks the state's "public safety issue number one," West Virginia legislators are proposing legislation to tackle the issue, which is a particular problem with coal trucks

by Staff
January 15, 2002
2 min to read


Calling overweight trucks the state's "public safety issue number one," West Virginia legislators are proposing legislation to tackle the issue, which is a particular problem with coal trucks.

State Delegate Mike Caputo of Marion proposed the bill, which is co-sponsored by six other House members, including House Majority Leader Rick Staton. The proposed law would hold shippers and receivers liable for overweight trucks.
Legal weight limits vary between 65,000 pounds and 80,000 pounds on state roads, but grossly overweight coal trucks weighing 150,000 pounds or more are often stopped by police.
The proposed law would give Division of Highways weight enforcement officials immediate access to shipping and receiving records, without a subpoena. Coal receivers would be exempt from fines and penalties if they report overweight trucks within three days. Shippers and receivers would be required to keep truck weight records for at least 30 days.
The bill would also increase maximum fines from $1,600 to $7,500.
The issue has come to the forefront because of a rash of fatalities resulting from crashes with overloaded coal trucks in the state. Last September, for instance, an elderly couple was killed on State Route 94 after their vehicle was hit by a coal truck carrying 165,000 pounds.
Coal industry advocates may advance the idea of boosting the legal limit trucks can carry on state roads, arguing that serious enforcement of existing limits would require an enormous increase in truck traffic - and that more trucks on the road would lead to more accidents, not fewer. They also will push for enhanced driver training and more accountability for transportation equipment makers.
Gov. Bob Wise said last week at a mining symposium that he might support a proposal to increase coal truck weight in exchange for greater enforcement.
The governor also said he wants to end a practice of truckers using spotters to avoid being weighed. State law requires inspectors to actually see the truck moving on the highway. By using spotters, truckers are able to stop their vehicles along the roadway.
Wise also said he would like inspectors to have the ability to go to coal loading and receiving facilities and check load records for evidence of overloaded trucks, as called for in the Caputo bill.

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