ENGROSSED
Senate Bill No. 572
(By Senators Wooton, Anderson, Yoder, Dittmar and Oliverio)
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[Originating in the Committee on the Judiciary;
reported February 28, 1995.]
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A BILL to amend chapter twenty-four-a of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article six-c, relating to
implementing an insurance registration and safety fitness
program for larger commercial motor vehicles; exempting
certain smaller motor vehicles from the provisions of certain
articles of chapter twenty-four-a; making chapter twenty-four-
a consistent with the partially preemptive provisions of the
federal aviation administration authorization act of 1994,
public law 103-305; authorizing the public service commission
to issue certificates of property carrier registration to
certain motor carriers of property subject to said partially
preemptive federal provisions, certain exempt carriers and
certain private commercial carriers; prohibiting such motor
carriers, such exempt carriers, and such private commercial
carriers from operating in intrastate commerce without obtaining such certificates from the commission; providing for
the suspension, cancellation or revocation of such
certificates; making certain provisions of chapter twenty-
four-a inapplicable to the transportation of property subject
to the partially preemptive federal provisions; phasing out
certificates of convenience and necessity and permits relating
to the transportation of such property; making certain exempt
carriers and certain private commercial carriers subject to
insurance rules promulgated by the commission, to a vehicle
registration system, and to special annual assessments;
implementing a consistent set of assessments; authorizing the
commission to enter into interagency agreements; requiring
carriers to demonstrate proof of safety fitness; and
authorizing the commission to issue rules and regulations.
Be it enacted by the Legislature of West Virginia:
That chapter twenty-four-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by adding
thereto a new article, designated article six-c, to read as
follows:
ARTICLE 6C. INSURANCE-REGISTRATION AND SAFETY-FITNESS PROGRAM FOR
LARGER COMMERCIAL VEHICLES.
§24A-6C-1. Certain smaller motor vehicles exempt from certain
provisions of chapter after July 1, 1995; exceptions.
(a) On and after the first day of July, one thousand nine hundred ninety-five, the provisions of articles two, three, four,
five, six, six-a, seven and eight of this chapter shall no longer
apply to any individual motor vehicle having a gross vehicle weight
rating (GVWR) of less than ten thousand one pounds unless said
motor vehicle is used in the intrastate or interstate for-hire
transportation of passengers, used in the intrastate for-hire
transportation of property that is not subject to the partially
preemptive provisions of the "Federal Aviation Administration
Authorization Act of 1994", Public Law 103-305, or used in the
intrastate for-hire transportation of other motor vehicles.
(b) Nothing in this section shall be construed to expand,
reduce or otherwise affect the jurisdiction of the commission over
the motor vehicles that are used in the intrastate for-hire
transportation of passengers or used in the intrastate for-hire
transportation of property that is not subject to the partially
preemptive provisions of the "Federal Aviation Administration
Authorization Act of 1994", Public Law 103-305. Such for-hire
transportation of passengers and of said property shall continue to
be governed by the provisions of articles two, three, five, six,
seven and eight of this chapter.
(c) Nothing in this section shall be construed to expand,
reduce or otherwise affect the jurisdiction of the commission over
the transportation of hazardous materials under article six-b of this chapter.
§24A-6C-2. Provisions applicable to motor carriers subject to
partial federal preemption; issuance of certificates of
property carrier registration; rules and regulations.
(a) Notwithstanding any provision of any other article of this
chapter to the contrary, the commission shall, on and after the
first day of July, one thousand nine hundred ninety-five, have the
power and authority to issue certificates of property carrier
registration to applicants seeking to operate as motor carriers in
the intrastate for-hire transportation of those specific types of
property that are subject to the partially preemptive provisions of
the "Federal Aviation Administration Authorization Act of 1994",
Public Law 103-305. On and after that date, the intrastate for-
hire transportation of said property shall no longer be subject to
the provisions of sections two, four and five, article two of this
chapter, shall no longer be subject to the provisions of sections
two, three, five and six, article three of this chapter, and shall
no longer be subject to the provisions of section six, article six
of this chapter.
(b) With respect to motor vehicles that have a gross vehicle
weight rating (GVWR) of ten thousand one pounds or more, and with
respect to motor vehicles of any gross vehicle weight rating (GVWR)
that are used in the intrastate transportation of other motor
vehicles, all other provisions of all other articles of this chapter that do not relate to rates, routes and service of motor
carriers with respect to the transportation of such property shall
remain in force and effect. However, the commission shall no
longer have jurisdiction over the rates, routes and service of a
motor carrier with respect to said transportation of the property
to which the aforesaid partially preemptive provisions apply.
(c) For good cause shown, the commission may at any time
suspend the certificate of property carrier registration of any
such motor carrier. For good cause shown, and after notice and
opportunity of the motor carrier to be heard, the commission may at
any time cancel or revoke the certificate of property carrier
registration of any such motor carrier. For the purposes of this
section, good cause for suspension, cancellation or revocation of
a certificate of property carrier registration shall include, but
shall not be limited to, the following: Failure to register
properly under the registration program, failure to pay the special
annual assessment, failure to provide proof of financial
responsibility, and/or failure to establish safety fitness.
(d) Except for holders of valid certificates of convenience
and necessity or permits issued by the commission and authorizing
the intrastate for-hire transportation of passengers or the
intrastate for-hire transportation of property that is not subject
to the partially preemptive provisions of the "Federal Aviation Administration Authorization Act of 1994", Public Law 103-305, no
person shall operate a motor vehicle that has a gross vehicle
weight rating (GVWR) of ten thousand one pounds or more in the
intrastate for-hire transportation of property that is subject to
said partially preemptive provisions without first having obtained
from the commission a certificate of property carrier registration.
Nor shall any person operate a motor vehicle, of any gross vehicle
weight rating (GVWR), in the intrastate for-hire transportation of
other motor vehicles without first having obtained from the
commission a certificate of property carrier registration:
Provided, That the holder of a valid certificate of convenience and
necessity or permit that was issued prior to the first day of July,
one thousand nine hundred ninety-five, may continue, without first
having to obtain a certificate of property carrier registration, to
transport the specific property described in said certificate of
convenience and necessity or permit until the thirtieth day of
June, one thousand nine hundred ninety-six, unless said certificate
of convenience and necessity or permit is suspended or revoked for
good cause shown.
(e) The holder of a valid certificate of convenience and
necessity or permit issued by the commission and authorizing the
intrastate for-hire transportation of passengers or the intrastate
for-hire transportation of property that is not subject to the partially preemptive provisions of the "Federal Aviation
Administration Authorization Act of 1994", Public Law 103-305 may,
without obtaining a certificate of property carrier registration,
transport property that is subject to said partially preemptive
provisions: Provided, That the holder of said certificate or
permit must comply with the provisions of section three of this
article with respect to the transportation of any such property
that is transported in motor vehicles other than those for which
special annual assessments have been paid during the applicable
fiscal year under the provisions of section six, article six of
this chapter.
(f) During the one-year period commencing the first day of
July, one thousand nine hundred ninety-five, the commission shall
phase in the conversion from the use of certificates of convenience
and necessity and permits authorizing the transportation of such
property that is subject to such partially preemptive provisions to
the use of such certificates of property carrier registration
authorizing the transportation of such property. Effective the
first day of July, one thousand nine hundred ninety-six, any
authority set forth in any remaining certificates of convenience
and necessity and permits purporting to authorize the
transportation of property that is subject to such partially
preemptive provisions shall be deemed to be null and void.
(g) The provisions of this section do not apply to the
transportation of property that is not subject to the partially
preemptive provisions of the "Federal Aviation Administration
Authorization Act of 1994", Public Law 103-305, and do not expand,
reduce or otherwise affect the jurisdiction of the commission over
the transportation of hazardous materials under article six-b of
this chapter.
(h) The commission shall have the power and authority to
promulgate rules and regulations to implement the provisions of
this section.
§24A-6C-3. Some motor carriers, some private commercial carriers,
and some exempt carriers subject to commission's jurisdiction
over insurance and financial responsibility and subject to
special annual assessments; applicability of jurisdiction to
larger commercial motor vehicles; requirement that some
private commercial carriers and some exempt carriers obtain
certificates of property carrier registration; rules and
regulations.
(a) On and after the first day of July, one thousand nine
hundred ninety-five, all motor carriers operating in the intrastate
for-hire transportation of property subject to the partially
preemptive provisions of the "Federal Aviation Administration
Authorization Act of 1994", Public Law 103-305, all exempt carriers
subject to the safety rules promulgated by the commission, and all
private commercial carriers, as defined in section two, article one of this chapter, involved in the intrastate transportation of
property in this state, to the extent that said motor carriers,
said exempt carriers, and said private commercial carriers are
transporting property in motor vehicles having a gross vehicle
weight rating (GVWR) of ten thousand one pounds or more per
vehicle; and all motor vehicles, having any gross vehicle weight
rating (GVWR), that are used in the intrastate for-hire
transportation of other motor vehicles: (1) Shall be subject to
the insurance rules promulgated by the commission; (2) shall be
subject to the commission's vehicle registration system described
in this article; and (3) shall be subject to, and shall pay to the
commission, special annual assessments for the purpose of paying
part of the salaries, compensation, costs and expenses of
administering and enforcing this chapter. In calculating the
assessments to be made pursuant to this section, the commission
shall avoid assessing more than one gross vehicle weight rating -
based fee per power unit and shall charge consistently within each
class of power units, all other things being equal, without regard
to whether a particular power unit in question is operated by a
motor carrier, an exempt carrier or a private commercial carrier.
(b) In addition to being subject to, and paying, any other
fees or taxes imposed by this chapter, each such property carrier
described in the first sentence of this section shall be subject to, and shall pay to the commission, a special annual assessment
for the purpose of paying the salaries, compensation, costs and
expenses of administering and enforcing this chapter. All proceeds
or funds derived from such assessment shall be paid into the state
treasury and credited to a special fund designated public service
commission motor carrier fund, to be appropriated as provided by
law for the purposes herein stated: Provided, That there will be no
charge for the issuance of uniform vehicle identification cards for
motor vehicles described in the first sentence of this section.
The special assessment against each property carrier described in
that sentence shall be apportioned in accordance with such criteria
as the number and capacity of motor vehicles used by said property
carrier, and shall be computed upon each power unit of such
property carrier, in accordance with the gross vehicle weight
rating (GVWR) of said power unit, as specified by its manufacturer,
as follows:
Each power unit of ten thousand one pounds GVWR
to twenty-six thousand pounds GVWR............ $10.00
Each power unit of twenty-six thousand one pounds GVWR
to fifty-five thousand pounds GVWR ........... 15.00
Each power unit of over fifty-five thousand
pounds GVWR .................................. 20.00
The special annual assessment against property carriers that are used in the intrastate for-hire transportation of other motor
vehicles shall, if the towing vehicle has a gross vehicle weight
rating (GVWR) of less than ten thousand one pounds, be five dollars
for each such towing vehicle.
For any power unit that is subject to the provisions of this
section, the commission may prorate the special annual assessment
if the power unit is not used exclusively in intrastate West
Virginia commerce: Provided, That for each such power unit the
applicable annual assessment shall be at least three dollars,
notwithstanding such proration and notwithstanding the provisions
of subsection (g) of this section.
The annual assessment of each such property carrier listed
hereinabove shall be paid on or before the first day of July of
each year. Additional assessments shall be collected upon the
placing in use of any additional power unit. Such assessments may
be subject to a reduction based upon the quarter of the fiscal year
during which an additional motor vehicle is placed in use. Upon
payment by any property carrier of the assessment provided for, the
commission shall advise the division of motor vehicles by notice in
writing that such assessment has been paid, whereupon the division
of motor vehicles may issue motor vehicle licenses for the vehicles
described in said notice.
(c) Prior to the beginning of any fiscal year, the commission, after taking into consideration any unexpended balance in the motor
carrier fund, the probable receipts to be received in the ensuing
fiscal year, and the probable costs of administering and enforcing
this chapter for the ensuing fiscal year, may fix the assessments
provided for in this section for the ensuing fiscal year in amounts
which, in the commission's judgment, will, along with other
receipts, produce sufficient revenue to administer and enforce this
chapter for said fiscal year: Provided, That in no event shall
such assessments exceed the amounts set up in this section.
(d) On and after the first day of July, one thousand nine
hundred ninety-five, the commission shall have the power and
authority to issue certificates of property carrier registration to
applicants seeking to operate as those exempt carriers and private
commercial carriers described in the first sentence of this
section.
(e) On and after the first day of July, one thousand nine
hundred ninety-five, no person shall operate a motor vehicle having
a gross vehicle weight rating (GVWR) of ten thousand one pounds or
more, as an exempt carrier or as a private commercial carrier
described in the first sentence of this section, in the intrastate
transportation of property in this state, without first having
obtained from the commission a certificate of property carrier
registration.
(f) For good cause shown, the commission may at any time
suspend the certificate of property carrier registration of any
exempt carrier or private commercial carrier. For good cause
shown, and after notice and opportunity of the private commercial
carrier to be heard, the commission may at any time cancel or
revoke the certificate of property carrier registration of any such
exempt carrier and of any such private commercial carrier. For the
purposes of this section, good cause for suspension, cancellation
or revocation of a certificate of property carrier registration
shall include, but shall not be limited to, the following: Failure
to register properly under the registration program; failure to pay
the special annual assessment; failure to provide proof of
financial responsibility; and/or failure to establish safety
fitness.
(g) Any net fee paid to the commission, and not distributed to
other agencies in this state or in other states, resulting from the
assessment of a motor vehicle pursuant to the provisions of article
six-a of this chapter shall be credited toward the assessment paid
under this section for the same motor vehicle during the same
fiscal year, or applicable part thereof.
(h) Any motor vehicle that is properly registered pursuant to
the provisions of article six-b of this chapter shall be exempt
from the provisions of this section as long as the operator of the motor vehicle remains properly registered under the provisions of
article six-b of this chapter.
(i) The commission may also prescribe a one-time fee, not to
exceed fifty dollars, to accompany an application for a certificate
of property carrier registration by any property carrier that is
subject to the provisions of this section: Provided, That the
holder of a valid certificate of convenience and necessity or
permit that was issued prior to the first day of July, one thousand
nine hundred ninety-five, may apply for, and obtain, a certificate
of property carrier registration without having to pay such a fee.
(j) The commission is authorized to enter into interagency
agreements to establish a single point of registration for all
motor vehicles that are registered pursuant to the provisions of
this section or this chapter.
(k) On and after the first day of July, one thousand nine
hundred ninety-seven, each prospective carrier of private property
that seeks to register motor vehicles pursuant to this section
shall, prior to such registration, demonstrate proof of safety
fitness: Provided, That the commission may promulgate rules and
regulations that establish an earlier date for this requirement to
take effect.
(l) The commission shall have the power and authority to
promulgate rules and regulations to implement the provisions of this section.