Charleston Gazette, Fri. Jan. 11, 2002

By Ken Ward Jr.

Gov. Bob Wise said Thursday that he's not ready to throw his support behind a bill to crack down on overweight coal trucks.

Wise said that he isn't sure the proposal is the right way to solve the problem. The administration doesn't have its own bill, the governor said. More study of the problem needs to be done, he said. "I don't think we're ready at this point to move forward," Wise said after a speech to the West Virginia Coal Association. But Wise said he views the issue as important, and expects it will be a hot topic for the Legislature this session. "The public is demanding action, and the rate of accidents merits attention," the governor said. "I think it's a very important issue," the governor said. "Overweight coal trucks have to be dealt with."

On Tuesday, Delegate Mike Caputo, D-Marion, announced that he would introduce legislation to control overweight trucks. On Wednesday morning, the first day of the session, Caputo introduced his bill (HB 4014). House Majority Leader Rick Staton, D-Wyoming, is among the co-sponsors. A coalition of citizen groups, along with the United Mine Workers union, supports the bill. They cite a string of accidents involving coal trucks.

The legislation would give the state Division of Highways immediate access to coal shipping and receiving records, without a subpoena. The bill would also increase maximum fines for weight limit violations - for hauling 50,000 pounds or more over road limits - from $1,600 to $7,500. Currently, weight limits vary between 65,000 pounds and 80,000 pounds on West Virginia roads. Trucks weighing 150,000 pounds or more are frequently stopped along roads in the southern coalfields.

Coal industry lobbyists have said that they want lawmakers to raise weight limits. They say that current limits are outdated. The governor did not mention the overweight truck issue during his State of the State address Wednesday night. On Thursday morning, the governor said that he believes something should be done about what DOH officials say is their agency's limited ability to enforce weight limits. "We have to stop this silliness of we can't stop a truck if it's pulled off on the side of the road," Wise said. Wise added, though, that he said that state should consider raising weight limits as well. "We're going to look at everything," the governor said.

Caputo, a UMW member, said he was disappointed that the governor wasn't supporting his bill. "I think it's a public safety issue, and I hope that the governor would support that," Caputo said. "I certainly respectfully disagree with the governor," Caputo said. "I think that the public has spoken, and they do not want any weight limits increased.

"We should be looking at better enforcement procedures only."