CAG Review of Overweight
Coal Truck Citations for 2001

In June 2002, WV-CAG completed a review of citations issued to overweight vehicles in Kanawha County during the 2001 calendar year. Our research was based on data compiled from records of the WV Department of Transportation and Kanawha County Magistrate Court.

In 2001, 293 trucks were cited in Kanawha County for being overweight. 70% of these trucks were hauling coal. Of these trucks only 24% received the maximum fine based on the amount they were overweight. In contrast 64% of the other trucks cited were assessed the maximum fine. Coal trucks accounted for only 47% of all trucks assessed the maximum fine even though they made up 70% of the citations issued.

Of all coal trucks cited, 43% received a reduction in their fine. These trucks accounted for 92% of all trucks that received a fine reduction. 75% of coal trucks received a fine reduction of 50% or more. In many instances fine reductions were given to repeat offenders. One company received 16 reductions. Another received 10. Two other companies received 8 reductions and another received 7. In fact, 81% of all reductions went to repeat violators, as did half of the dismissals.

These numbers show an alarming trend that coal haulers are given preferential treatment even though they violate the law more often and run at even heavier weights.

In addition to the fine reductions and dismissals, 10% of the citations issued are in the court system, but no fine has been assessed or paid and no warrant or other order has been issued. Another 10% never found there way into the court system. The vast majority of these toothless citations were issued to trucks hauling coal.

If all the overweight trucks cited in Kanawha County last year had been assessed the maximum fine, nearly $338,000 in revenue would have been put into our state's education fund but only 46% of this amount was actually assessed or collected. Even if the law was strictly enforced and all these fines had been collected the state's system of fines and penalties is not seriously designed to deter overloaded trucks. Violators consider these fines and penalties as part of the cost of doing business in West Virginia.