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In December 2014, the ban was struck down by the Kanawha County court, but the Morgantown City Council voted to appeal.
The radio station said that attorney Bob Bastress, who is representing the city, will argue that:
- “State code expressly authorizes the city to regulate the weight of trucks and truck traffic on state routes within the city.”
- “The circuit court applied an unduly narrow and erroneous standard of the scope of municipal power.”
- “The circuit court erroneously concluded that municipal regulation of truck traffic on state roads within cities would cause undue disruption.”
How this turns out could be one of those landmark decisions cities look for, especially as more and more seek to ban heavy trucks from inside city limits.
While this ruling applies to a state road, it could have farther reaching effects, particularly in states that seek to install tolls on their highways. Trucks can’t get off the highways and navigate along state roads in cities to avoid paying tolls – unless there is a truck ban in place.
If the West Virginia Supreme Court rules that Morgantown can’t ban heavy trucks on state roads, the presumption is other cities and towns in the state will not be able to as well. Consequently, it could be a boon for trucking interests and provide some leverage on the issue of tolls on major highways.
