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Coal and gravel trucks not responsible for most accidents in Morgantown
WAJR News has obtained a letter sent to Morgantown City Council from staff outlining several of the concerns raised about a proposal to ban heavy truck traffic in downtown Morgantown.
The letter dated Wed, Aug. 6 was sent to council ahead of the Aug. 19 meeting when the proposal is up for a first reading.
Proponets of the ordiance have cited safety concerns with the large trucks travelling through downtown. However, none of the tractor-trailers that seem to be targeted by the proposal even cracked the top 5 in number of accidents. According to the letter, data was readily available on the State Accident database maintained by the West Virginia State Police. Data was pulled from 2006 through 2014. The companies and organizations involved in the most accidents were during that time:
1. Mountain Line
2. Monongalia County Schools
3. Advantage Tank Lines
4. Allied Waste
5. Blue Ridge Beverage
Under the proposed ordinance, vehicles associated with those companies would be exempt from the ordinance and still permitted to travel through downtown.
The correspondence raised also doubts that such a ban could even be enforced. According to the letter, police officers could be held liable and sued for issuing citations or making arrests for enforcing an ordinance the city does not have the authority to enact. A traffic stop is considered a seizure under the fourth amendment and is subject to review as whether the stop was reasonable. If the law the officer is trying to enforce is invalid/unenforceable, then the officer can be held liable.
The state Division of Highways has already informed the city the state has jurisdiction over all roads within the state road system and individual municipalities do not have the authority to regulate such highways.
In a letter stated to the city DOH's legal counsel stated:
"When read in context, West Virginia Code Sections 17-4-27 and 17C-17-12 do not allow for local management of roads with the state road system. The Legislature has granted the Commissioner of Highways plenary power to manage and control the use of public highways comprising the state road system. Therefore, without the permission of the Commissioner, any such municipal regulation would be invalid."
DOH Legal Counsel says there is a provision that would allow Morgantown to regulate the roadway but that also means the city must assume full responsibility for the road. The DOH could vacate Route 7, turning over control to the city, which would allow Morgantown to restrict heavy truck traffic. However, that could get quite pricy for the city.
The letter from staff outlines the costs of maintaining Route 7. It would cost between $500,000 and $600,000 to pave the road from the Route 857 intersection to Spruce Street. Then the city would be responsible for two bridges. To replace the bridge just past the Hogback Turn it could cost between $1 million and $2 million. The Walnut Street Bridge would cost in the $6 million to $10 million range.
There are still issues with the federal Interstate Commerce Act the ban could cause that the letter did not address.
City Council is scheduled to take up a first reading of the proposed ordinance at its meeting later this month.
The letter addresses the facts, not the emotion related to the issue. Nobody likes the large trucks rolling through, mostly because they are disruptive of the normally placid ambience and they have significant dust issues. Still, the drivers of those rigs are highly experienced professionals who have exemplary safety records. They also have the same rights guaranteed the rest of us. The city could assume full control of the roads, a very expensive proposition, but the issue still remains about providing a suitable alternative route.
I still say the answer to the problem goes to the Legislature with authorizing heavier loads on the stretch of Interstate between Sabraton and the Downtown Exit on I-68. I believe Raese and the truckers would accept that compromise and the problem would, for the most part, be solved.
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