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.