Department of Highways Weighs In On Proposed Morgantown Heavy Truck Ban

As efforts to limit heavy truck traffic in Morgantown’s downtown district continue, the WV Department of Highways is weighing in on who has jurisdiction over road regulation. 

Editor’s Note: In an earlier version of this story, we reported that, “other attempts have been made [to ban heavy truck traffic through downtown Morgantown] and failed most recently in 2006.” That information was incorrect and this story has since been updated.

A Proposal

Safe Streets Morgantown is a group pushing for an ordinance to ban the truck traffic through Morgantown’s downtown business district.

According to their proposal, trucks weighing over 20,000 pounds with 3 or more axles would be unable to drive through Morgantown, with exceptions. Those exceptions include emergency, government, solid waste, towing and delivery vehicles, as well as vehicles detoured through the city, and those vehicles who receive a permit from the city manager’s office.

Code Dispute

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.

Since then Safe Streets has examined state code and the attorney and spokesperson for group Brian McAllister says the law permits cities to pass such ordinances.

“The code, as we see it, is very clear. The Legislature has said in Chapter 17-C of our code that municipalities are in fact afforded the authority to regulate traffic consistent with their safety regulatory authority as we propose. And nowhere in the code does it say that a municipality acting within the scope of that authority needs to confer with the DOH or get the DOH’s blessing in advance of taking this type of action.”

Still, City Manager Jeff Mikorski sent a letter to the state’s Secretary of Transportation, Paul Mattox, stating that, “The City has received volumes of complaints from residents, property owners, and businesses along [State Route 7] regarding noise, debris falling out of trucks, health concerns from exhaust, safety concerns, and congestion because of the heavy truck traffic.” Mikorski’s letter cited limestone trucks in particular that travel through the town between 4am through the middle of the afternoon and requested audience with officials to discuss the proposed ordinance that would limit traffic.

The city manager says the DOH responded in word and letter expressing that the code in question, “when read in context,” doesn’t allow for local management of roads within the state road system. “Therefore,” the letter reads, “without the permission of the Commissioner, any such municipal regulation would be invalid.”

Approval or Disapproval

“This is a requirement made in hundreds if not thousands of municipalities around our country,” says Safe Streets spokesperson, Brian McAllister, “and so we don’t think that it’s too much of an imposition for these trucks going around the city. So is there hope that the DOH would join us and support us in our effort to improve our community? Yes, absolutely.”

Morgantown’s city manager, Mikorski says that he thinks the DOH’s approval is unlikely since his understanding is that DOH would only approve the ordinance if the town were to takes on all of the maintenance and road management responsibilities including snow removal and repairs.

Nevertheless, the ordinance is slated to be read at Morgantown’s next city council meeting on August 19th. A public hearing would follow, then a second reading if the order is to be passed. Whether or not the council will seek approval from the Department of Highways or challenge their interpretation of code is unknown.

***Editor’s note: The WV Department of Highways didn’t return any phone calls to discuss this story.

W.Va. Rural Roads Continue to Crumble, Highway Workers Face Possible Lay-Offs

More research has surfaced indicating the abysmal state of rural infrastructure these days, especially in West Virginia, and shortfalls in federal funding…

More research has surfaced indicating the abysmal state of rural infrastructure these days, especially in West Virginia, and shortfalls in federal funding for highway maintenance could make the problem worse as well as leave many road workers filing for unemployment.

TRIP Report

Recently a report was released by TRIP, a private national transportation research nonprofit out of Washington, DC.

The organization is sponsored by insurance companies, equipment manufacturers, distributors and suppliers; businesses involved in highway and transit engineering and construction; labor unions; and other organizations concerned with surface transportation.

It’s the second report in the last five years that investigates the nation’s rural transportation system. Their data indicates that nationally, since their last report in 2011:

  • rural pavement conditions have continued to slowly deteriorated
  • there have been modest improvements in overall bridge conditions
  • rural traffic fatalities continue to be of alarming concern

In West Virginia:

  • West Virginia ranks among the worst states, when it comes to the conditions of our roads
  • 1/3 of the rural roads were listed in poor condition in 2012, and
  • 13 percent of the state’s rural bridges were rated as structurally deficient

“Rural transportation has a traffic fatality rate nearly triple all other roads in the country,” says Rocky Moretti, the director of policy and research with TRIP.
He says, typically rural roads don’t have a lot of the safety features that are desirable—things that can have a significant impact making rural roads safer like:

  • rumble strips
  • paved shoulders
  • turn lanes
  • good lane markings
  • guard rails

Federal Funding Shortfall

In West Virginia, we skate a thin line financially as the state maintains the 6th-largest highway system in the country. It’s a fact understood all too well by Mike Clowser, executive director of the Contractor’s Association of West Virginia. He says current federal shortfalls in highway funding are threatening road construction jobs.

Currently in West Virginia, over 200 federally funded Department of Highways contracts are underway, employing thousands of workers. Clowser says West Virginia is the only state he knows of that has no backup plan in the event that the federal dollars dry up.

Clowser reports the Department of Highways is giving contractors two options in light of the shortfall:

  1. lay people off
  2. continue working for 50 cents on the dollar

Clowser says the House has already passed a bill that addresses the shortfall and the Senate is in the process of working on a plan, but that time is running out before Congress goes to recess on the 1st of August, leaving states to scramble during the height of construction season.

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