Current through Register Vol. XLI, No. 45, November 8, 2024
Section 157-5-7 - Other Safety Regulations7.1. Increase of Weight, Height, and Length Limitations Upon State Highways by Commissioner of Highways. Pursuant to the provisions of W. Va. Code § 17C-17-11a and 11b, whenever in the opinion of the Commissioner of Highways, the design, construction and safety of any highway or portion thereof are such that the gross weight limitations prescribed by W. Va. Code § 17C-17-4, can be increased without undue damage to the highway, or without undue risk of damage to the highway, or to bridges, municipal or utility facilities, traffic signs and signals, or roadway structures of other kind of nature, the Commissioner of Highways may, by order, increase the gross weight, height or length limits of vehicles which may be operated upon the highway or portion thereof and may establish the limitations which are applicable, subject, however, to the maximum limitations imposed by W. Va. Code § 17C-17-11a and 11b.7.1.a. Commissioner's Order for Increase of Weight, Height and Length Limitations. Whenever the Commissioner of Highways increases the limits under this subsection, he or she shall enter an order to that effect in the Commissioner's Order Book, as provided in Section 2, Rules Pertaining to Various Functions of the Commissioner of Highways, 157CSR1. The order shall set forth the reasons for his or her decision and shall designate and accurately describe the highway or portion thereof, to which the increase in weight, height or length limits is applicable.7.2. Restrictions Upon Right to use Highways by Commissioner of Highways. Pursuant to the provisions of W. Va. Code § 17C-17-12, the Commissioner of Highways may prohibit the operation of vehicles, or any class of vehicles, upon any state highway, or impose restrictions as to the weight of vehicles to be operated on the highways, whenever the state highway by reason of deterioration, rain, snow or other climatic conditions will be seriously damaged or destroyed unless the use of vehicles is prohibited or the permissible weights reduced, and the Commissioner of Highways may prohibit the operation of trucks or other commercial vehicles, or may impose limitations as to the weight on designated state highways. 7.2.a. Commissioner's Order. Whenever the Commissioner of Highways prohibits the operation of vehicles upon any state highway or imposes weight restrictions as provided in this subsection, the Commissioner of Highways shall enter an order to that effect in the Commissioner's Order Book, as provided in Section 2, Rules Relating Generally to Various Functions of the Commissioner of Highways, 157CSR1. The order shall set forth the reasons for the prohibitions or limitations and shall designate the road district and accurately describe the state highway or portion thereof, upon which the prohibitions or limitations are applicable.7.2.b. Signs. The order of the Commissioner of Highways imposing prohibitions or weight restrictions is not effective until appropriate signs giving notice of the prohibitions or restrictions are erected and maintained at each end of that portion of any highway thereby affected. All signs shall comply with the specifications described in Section2 of this rule.7.3. Structurally Unsafe Bridges. The Commissioner of Highways shall inspect all bridges upon state roads and if any bridge is found to be structurally unsafe, the Commissioner of Highways shall promptly condemn, close, and repair the bridge. Except in the case of emergency, the Commissioner of Highways' determination to condemn and close any structurally unsafe bridge upon a state road shall be manifested by an order duly entered in the Commissioner's Order Book as provided in Section 2, Rules Pertaining to Various Functions of the Commissioner of Highways, 157CSR1. The order shall set forth the reasons for condemning and closing the bridge and shall designate and accurately describe the route and milepost upon which the bridge is located. Appropriate signs shall comply with the provisions of Section 2 of this rule. 7.3.a. Emergencies. In case of an emergency, all District Managers or any other authorized personnel of the Commissioner of Highways' office have authority to condemn and close an unsafe bridge prior to the entry of an order by the Commissioner of Highways. In such event an order shall be entered as provided in this subsection as soon as possible after the closing of the bridge. Appropriate signs must be erected by Highways personnel, as provided in this subsection.7.4. Transportation of Explosives. Any person operating any vehicle transporting any explosives as cargo or part of cargo upon a highway shall at all times comply with the following requirements : 7.4.a. Signs on Vehicle. Any vehicle transporting explosives shall be marked on the front, both sides, and the rear with the word "EXPLOSIVES" in letters not less than 8 inches in height and colors contrasting with the background; or there shall be displayed on the rear of the vehicle in a conspicuous place a red flag not less than 24 inches square in size with the word "DANGER" in white letters 6 inches in height.7.4.b. Fire Extinguishers. Every vehicle shall be equipped with not less than two (2) fire extinguishers filled and ready for immediate use and placed at a convenient point on the vehicle.7.4.c. Blasting Caps; Containers. Blasting caps and electric blasting caps shall not be transported in the same vehicle with other explosives, unless packed in shipping containers conforming to Interstate Commerce Commission specifications.7.4.d. Spark of Flame Producing Items Prohibited. No sparking metal tool or other loose piece of sparking metal, oils, matches, firearms, acids, inflammable substances, or similar material shall be carried on vehicles transporting explosives.7.4.e. Overloading Prohibited. Vehicles transporting explosives shall not be overloaded, and in no case shall the explosives containers be piled higher than the sides of the truck body. Any vehicle with an open body shall carry a tarpaulin to cover the explosives containers.7.4.f. Vehicle; Mechanical Condition. All vehicles when used for transporting explosives shall be inspected to determine that; the brakes and steering mechanism are in effective working condition; the electric wiring is well insulated and firmly secured; the body and chassis are clean and free from accumulations of oil and grease; the fuel tank and feed line are secure and have no leaks; two (2) suitable fire extinguishers in working order are placed at a convenient point on the vehicle; and, in general, that the vehicle is in proper condition for safe transportation of explosives. The floors of all vehicles shall be tight. Any exposed metal on the inside of the body that might come into contact with any package of explosives shall be covered or protected with wood or other nonmetallic material.7.4.g. Trailers. No explosives shall be transported in any form of pole-type trailer, nor shall any trailer be attached to a vehicle hauling explosives.7.4.h. Vehicle Operator; Speed and Operating Prohibitions. Vehicles transporting explosives shall be driven only by authorized persons not addicted to the use of, or under the influence of, intoxicants or narcotics. Vehicle speed shall not exceed the posted or statutory speed limit in effect and shall not exceed the recommended speed on all warning signs when passing through the area of concern (curve, intersection, etc.). Motor vehicles shall not coast or free-wheel at any time. Vehicles containing explosives shall not be taken inside a garage for repairs or other purposes. Insofar as possible, explosives shall be transported on streets or highways only during daylight hours.7.4.i. Avoiding Public. Motor vehicles transporting explosives shall avoid, so far as practicable, driving into or through congested thoroughfares, places where crowds are assembled, streetcar tracks, tunnels, viaducts, and dangerous railroad crossings. So far as practicable, this shall be accomplished by prearrangement.7.4.j. Railroad Crossings. Vehicles transporting explosives shall come to a full stop before crossing any railroad track, and then proceed with caution, and conform to all other traffic safety measures. When approaching an intersecting roadway, vehicles shall obey any traffic control devices in place such as stop signs, yield signs, and traffic lights.7.4.k. Passengers. Passengers or other unauthorized persons shall not ride on a vehicle transporting explosives. Smoking or carrying matches and smokers' articles is not permitted on or around a vehicle transporting explosives.7.4.l. Unattended Vehicles. Vehicles transporting explosives shall not be left unattended at any time except while making actual deliveries, and then the utmost effort shall be made to prevent the vehicle from running away by carefully setting the brakes, blocking the wheels, or taking other precautions.7.4.m. Careful Handling. Packages or containers of explosives shall not be thrown or purposely dropped while being loaded or unloaded or otherwise handled, but they shall be carefully deposited and stored or placed in a manner as to prevent the packages or containers from sliding or falling or being otherwise displaced.7.4.n. Unloading at Rear of Vehicle. Explosives cases or containers shall not be left immediately back of the exhaust tailpipe of automotive equipment during loading or unloading. Motors of vehicles transporting explosives shall be stopped before loading or unloading the explosives.7.4.o. Storage of Explosives During Unloading. Motor vehicles shall not be unloaded if explosives already unloaded have not been safely stored.7.5. Transportation of Compressed Gas Containers. No person shall operate an open motor vehicle upon a highway while transporting, as a cargo or part of a cargo, any container of compressed gas designed to receive a valve protection cap, where the container is unsecured, uncapped, or has a gauge attached.7.5.a. The following are exempt from this requirement as long as the container is safely secured and as long as this exemption does not conflict with any other local, state, or federal requirements:7.5.a.1. propane gas containers for household use;7.5.a.2. personal oxygen containers for medical use, and;7.5.a.3. any compressed gas containers in a fully enclosed part of the motor vehicle.