Morgantown Heavy Truck ban Story Archives - West Virginia Public Broadcasting

Morgantown to Appeal Truck Ban

Morgantown officials plan to appeal part of a court ruling that overturned the city’s restrictions on heavy trucks in the downtown business district.

Kanawha County Circuit Court Judge Joanna Tabit ruled in December that state code trumps city law concerning state highways.

The Dominion Post reports that City Council voted on Tuesday to appeal that part of Tabit’s ruling. The ruling came in lawsuits filed by two companies challenging the city’s ordinance.

City Manager Jeff Mikorski says the lawsuits contain other issues that wouldn’t be covered by the appeal.

Judge Denies Morgantown Heavy Truck Traffic-Limiting Ordinance

A municipal ordinance to limit heavy traffic through the downtown district of Morgantown has been declared “unenforceable” in Kanawha Circuit Court.

A citizen group Safe Streets Morgantown drew up the proposed ordinance and it was passed by Morgantown’s City Council. It was supposed to go into effect December 1^st , limiting trucks weighing 13 tons or more, with several exceptions.

But a lawsuit delayed implementation. A couple of trucking companies that frequently travel through downtown Morgantown on route 7 which cuts through the business district, challenged the ordinance in court.

In the hearing, the city of Morgantown argued that state code allows the city to regulate traffic on certain types of connecting roads when safety is an issue, but Judge Joanne Tabit overturned the ordinance ruling that the ordinance wasn’t enforceable.

Safe Streets Morgantown released a statement expressing disappointment and encouraging the city council to consider an appeal.

Morgantown Heavy Truck Traffic Ban Delayed

In a unanimous vote last night, Morgantown City Council decided to delay implementation of an ordinance that would ban certain truck traffic in the city’s downtown district.

Morgantown’s heavy truck ban is supposed to go into effect December 1^st (ninety days after it was passed in September). But in order to enforce the ordinance, signs need to be in place along state route 7 which cuts through town—signs that require approval from the state’s Department of Highways. The city submitted a proposal for signs several weeks ago, but the Division of Highways hasn’t responded.

The city council’s lead legal counsel, Bob Bastress, advised the group to delay enforcement until either:

They receive permission from DOH, and signs are in place.
They receive a favorable ruling from December 15^th court hearing, and then get permission from DOH and signs in place.

DOH

The Division of Highways has been more or less silent on the issue since August when, in response to inquiries made by the City of Morgantown, the DOH said according to its interpretation, state code doesn’t allow for local management of roads within the state road system. “Therefore,” a DOH letter reads, “without the permission of the Commissioner [of Highways], any such municipal regulation would be invalid.”

“From their past statements, I don’t anticipate the DOH giving permission for the signage unless they’re told they have to by a court,” Batress said.

Court

A court hearing is already scheduled to settle the heart of the matter. A lawsuit was recently filed by two companies that would be directly affected by the ban, Shinston-based Nuzum Trucking Company and Kingwood-based Preston Contractors. The companies are seeking an injunction to stop the ban from going into effect. A motion was made for summary judgment on the state code in question, and that hearing will be held in Charleston, Bastress said, on December 15^th.

Bastress, who also teaches about Constitutional Law at the West Virginia University Law School, reiterated during the meeting that it was his opinion that the council is well within its authority to regulate truck traffic in Morgantown.

Fact sheet compiled by Safe Streets Morgantown in light of recent lawsuit.

Two Companies Sue Morgantown, State Over Truck Ban

Two trucking companies are challenging the legality of Morgantown’s ban on heavy trucks in the downtown business district.

Nuzum Trucking Company of Shinnston and Preston Contractors Inc. of Kingwood have filed a lawsuit in Kanawha County Circuit Court against the city, the state Department of Transportation and the state Division of Highways.

The lawsuit argues that the ban is unenforceable and usurps the DOH’s authority over the state road system.

The companies are seeking an injunction to stop Morgantown from enforcing the ban.

Morgantown’s City Council approved the ban in September. The ban applies to commercial vehicles with a gross weight exceeding 26,000 pounds that have a class seven or greater rating.

There are several exemptions, including trucks making deliveries and emergency vehicles.

Morgantown Passes Heavy-Truck Traffic Ban

Morgantown City Council passed an ordinance 6-1 that limits heavy trucks traveling through the city’s downtown area along State Route 7.

The Action

For years residents and businesses have complained about the truck traffic. After a short public hearing and an hour and a half of deliberation, last night’s vote is the first real action to address those concerns.

A similar attempt to limit truck traffic was made in 2006. Morgantown City Council at that time elected to negotiate with the Department of Highways and local industry to find a meaningful solution; however, negotiations failed to remedy the problem.

This effort was lead by a group called Safe Streets Morgantown, which crafted the ordinance.

“The ordinance was specifically written to be easily enforced,” said Evan Hansen is a local downtown business owner and member of the group Safe Streets Morgantown. He spoke during the public hearing that preceded the vote.

“To be clear, this is not an overweight truck ordinance,” Hansen said. “No scales are required because the ordinance is based on the trucks declared gross weight which is written on the registration card.”

The Rule

The proposed ordinance would see trucks weighing 13 tons or more rerouted around the downtown. There’s a list of exceptions to the rule:

Trucks moving merchandise for downtown businesses
Emergency or Military Vehicles
Governmental Vehicles
Solid Waste Disposal Vehicles
Vehicles used for towing
Vehicles on an Established Detour
Vehicles with special permits from the city manager

Questions that held up a vote were mostly those concerning enforcement such as personnel, training, equipment, and signage.
Even though no one showed up to speak against the ordinance, there’s a lot of uncertainty among council members and the city manager about how the ordinance will be received by the state and federal departments of highways as well as companies which might doubt the city’s ability to enforce such an order.

The Debate

Earlier this summer the West Virginia Department of Highways said such an ordinance would not be valid without approval from the Commissioner of Highways. City manager Jeff Mikorski said earlier that approval was unlikely.

In the end, council members mostly agreed that if challenged, the ordinance would likely stand in a court of law. The one member who voted against the ordinance said he wasn’t comfortable enough with the plan to vote “yes.”

Council members did pass an amendment to make the ordinance effective 90 days from passage, instead of immediately. They hope the three-month window of time is sufficient to work out the logistics of implementation.

City Council to Hear Morgantown Truck Traffic Proposal

Morgantown City Council will meet to discuss amending traffic code to address heavy trucks traveling through the downtown business district.

The council is slated to discuss a proposed limitation of heavy truck traffic through downtown Morgantown.

Safe Streets Morgantown, a community action group, proposed the ordinance.

The state Division of Highways says without their approval any municipal ordinance limiting traffic on state-maintained roads would not be valid. And city officials say approval from the DOH is unlikely.

Whether the city of Morgantown will seek DOH approval or challenge the department’s reading of state code is yet to be seen.

If a majority vote passes the ordinance it will come up again at the next regular meeting for public comment and a second reading.