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I highly doubt it. It isn't something that a city can do unilaterally unless they are willing to pick up the tab for doing so in terms of construction and maintenance of an alternative route. Our own wishes not withstanding, those truckers have a right to transit the area. A complicating matter, by the way, is the fact that they can not use the Interstate with their loads. State law says the maximum load for a vehicle of that sort on the Interstates is 55,000 pounds. Those vehicles regularly haul 77,000 pounds which exceed that limit so they have no choice but to use the side streets. It would require, among various things, a change in state law to permit passage of those trucks between Sabraton and the Downtown Exit on I-68 to start the ball rolling.
Instead of all the pending litigation over this matter, the city and companies that use the large trucks should come to some kind of compromise. It would be a nice gesture by Greer to have the trucks run around downtown from the hours of 9am on, it would be reasonable for the city to permit the trucks to run downtown from the hours of 6am-9am just before most businesses open and pedestrian and vehicle traffic increases. The problem with the trucks as far as I am concerned is the spillage of gravel on the streets, the black smoke from the diesel engines and the noise. It is a nuisance that is created by an entity but for which that entity feels no responsibility to remedy for the greater good of the community. In my opinion they have a moral responsibility to do what's best for the community, to build good will in the community and with its residents. I don't feel this should be mandated by a government resolution but addressed by way of compromise. Again the truck companies don't have to, but Starbucks doesn't have to offer insurance to part time employees either or a free pound of coffee a week, but they do and the good will created by doing so has in part helped improve the reputation of the company which intern has lead to increase revenues and profits. Successful companies in 2014 and beyond need to have a social conscience, the companies who outperform are the companies who understand and embrace this concept. Look at Panera Bread's earnings vs. McDonalds, one is up 16% year over year one is flat, that is not solely based on economies of scale, its about people choosing to do business with companies who do right by their employees, by their vendors and by their communities.
The state road commissioner shall exercise the same control over connecting parts of the state road system in municipalities, except the regulation of traffic, that he exercises over such system generally, but he shall assume no greater duty or obligation in the construction, reconstruction and maintenance of streets which are part of the state road system than he is required to assume in the case of state roads outside of municipalities. In order, however, to promote the safe and efficient utilization of such streets, the location, form and character of informational, regulatory and warning signs, curb and pavement or other markings, and traffic signals installed or placed by any municipality on any highway or street hereafter constructed with state or federal aid shall be subject to the approval of the state road commissioner.
17C-17-12c states
Quote:
Local authorities with respect to highways under their jurisdiction may also, by ordinance or resolution, prohibit the operation of trucks or other commercial vehicles, or may impose limitations as to the weight thereof, on designated highways, which prohibitions and limitations shall be designated by appropriate signs placed on such highways.
If you read those two parts, it's clear the legislature intended to grant municipalities the right to control traffic on state highways within their municipal limits. I understand the DOH's position. Generally, state agencies in West Virginia are extremely reluctant to cede any type of authority to local government.
A lawyer from the DOH was on WAJR this morning. He said the only way Morgantown can limit heavy trucks on RT 7 is for the city to take over the maintenance and repair of the roads and bridges. Most likely, this would be too expensive for the city to consider. I was hoping the trucks would be re-routed. No one wants heavy trucks downtown except for John Raese and the truckers. It looks like a no win situation.
If you read those two parts, it's clear the legislature intended to grant municipalities the right to control traffic on state highways within their municipal limits. I understand the DOH's position. Generally, state agencies in West Virginia are extremely reluctant to cede any type of authority to local government.
I agree with this for the most part. The problem here, however, is not the control of traffic per se... it is determining what constitutes acceptable traffic and that falls outside the jurisdiction of a municipality. Equal protection clauses generally imply that all citizens have the same rights everywhere in the country, and that would include the right to free transit. Courts seem to agree with "reasonable" exceptions... having a different speed limit for trucks as opposed for automobiles, for example. But to totally deny passage to trucks while permitting it for cars is a whole different matter and not likely to pass muster unless a "reasonable" alternative can be established. That is going to take a lot of money, or it might take a limited change to state law. I do not have the impression that Raese or the truckers want to be unreasonable here. If state law would be changed, for example, to allow for transit of trucks with loads exceeding 55,000 pounds on I-68 between Sabraton and the Downtown Exit, that just might keep everyone happy. There is no doubt that it would increase the maintenance cost for that stretch of Interstate highway as well as for Grafton Road and Don Knotts Blvd., but that would be the most expeditious manner to solve the problem.
A lawyer from the DOH was on WAJR this morning. He said the only way Morgantown can limit heavy trucks on RT 7 is for the city to take over the maintenance and repair of the roads and bridges. Most likely, this would be too expensive for the city to consider. I was hoping the trucks would be re-routed. No one wants heavy trucks downtown except for John Raese and the truckers. It looks like a no win situation.
The DOH already lawyered up? Talk about getting defensive.
The DOH already lawyered up? Talk about getting defensive.
That's what I have been saying. DOH can not legally permit the restrictions on trucks, and the city would have to assume the financial responsibility to provide for a suitable alternative for them. It is also an oversimplification to say Raese wants the trucks there. He simply wants an efficient manner to transport his product through the area and that is the only one available to him. The truckers are not permitted to utilize the Interstate. My own opinion is we should be pushing for a limited modification to the state code to allow Raese's trucks to use the 2 mile stretch of I-68. Problem solved. Put a $500 annual fee in place for a sticker for an overloaded truck to use that stretch to cover the added cost of maintenance there and earmark those funds for that purpose.
What am I missing here? Most of the trucks that utilize Brockway ave to Walnut, and Walnut to Beechurst are dumping gravel at the barge site near the power plant. The other Greer site is up by MUB and University Motors. Isn't it a shorter route to go through town instead of getting on I-68 at Sabraton, exiting at University Ave, pass by the first Greer terminal, and then on down to the power plant. To me, that route is much longer than going through town. Maybe someone can correct me if I'm not getting something right.
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