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A distinct unfairness was thrust on West Virginia haulers when the state gave special favor to overweight coal trucks.
Not only did the legislation give special favor, it made highly overweight coal trucks legal and allowed them to travel across roads and bridges, drastically exceeding the weight limits.
Opponents of overweight coal trucks have continued to battle against the designation of West Virginia Highways as transportation arteries that are exempt from normal weight hauling restrictions.
John Skaggs, the attorney for Coal River Mountain Watch, argues before the state Supreme Court, saying the legislature's creation of the Coal Transportation Resources System in 2004 was unconstitutional.
"You've got the legislature decreeing that the standards that have governed the weight limits on bridges for years are not going to apply to a particular class of vehicle operators," said Skaggs, in his motion before the Supreme Court on Tuesday.
Kanawha County Judge Irene Berger issued a summary judgment that upheld the creation of the CRTS by the legislature.
The amendment directs the Department of Transportation to form a committee to designate certain roads in the state as primary hauling routes.
The majority of the roads are in southern West Virginia and are direct links from mines to secondary transportation terminals.
Coal River Mountain Watch fought the idea, saying eliminating the long held standards on weight restrictions amounted to a disregard for public safety.
The WV legislature, heavily lobbied by coal interests, barged ahead.
Skaggs argues the legislature cannot usurp the power of the Executive Branch and direct them to make changes to the uniform standards of the state's highway system.
"What we have here is the legislature directing the Department of Transportation to deviate from established national standards in the rating of bridges and weight restrictions," said Skaggs.
The high court will take the motions under advisement and rule on whether to hear full arguments in the case.
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