H. B. 4135
(By Delegates Shelton, Stalnaker,
Long and Stemple)
[Introduced January 26, 2004; referred to the
Committee on Roads and Transportation then the Judiciary.]
A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §24A-2-7, relating to
regulation of motor carriers transporting construction
materials and equipment; defining certain terms; and, limiting
hours of service of drivers.
Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §24A-2-7, to read as
follows:
ARTICLE 2. COMMON CARRIERS BY MOTOR VEHICLES.
§24A-2-7. Motor carriers transporting construction materials and
equipment; definitions; rules; hours of service of
drivers.
(a) The purpose of this statute is to allow for exemptions as
provided by 49 C.F.R. §350, §341 and §395.1 (2003). The provisions of this article apply only to motor carriers operated or driven for
industrial construction purposes.
(b) When used in this section, the following words and phrases
have the following meanings:
(1) "Commission" means the public service commission of West
Virginia.
(2) "Construction materials and equipment" means any material
or equipment used in the course of a construction project.
(3) "Motor carrier" means any person engaged in intrastate
commerce within a seventy air-mile radius of the normal work
reporting location who undertakes, whether directly or by lease, or
any other arrangement, or by special and individual contracts or
agreements, to transport construction materials and equipment to
and from a construction project job site over the highways of this
state by motor vehicles for hire, whether over regular or irregular
routes, including such motor vehicle operations of carriers by
rail, water, or air and express or forwarding agencies, and leased
or rented motor vehicles, with or without drivers.
(4) "Motor vehicle" means, and includes, any automobile,
truck, tractor, truck-tractor, trailer, semitrailer, motorbus,
taxicab and self-propelling motor-driven motor vehicle, or any
combination, used upon any public highway in this state for the
purpose of transporting construction materials and equipment to and
from a construction project site.
(5) "Normal work reporting location" means the construction
site from or to which construction material and equipment are being
transported.
(6) "On duty" means all time from the time a driver begins to
work or is required to be in readiness to work until the time he or
she is relieved from work and all responsibility for performing
work.
(7) "Off duty" means all time from the time a driver is
relieved from work and all responsibility for performing work until
the time he or she begins to work or is required to be in readiness
to work.
(8) "Public highway" means any public street, alley, road, or
highway or thoroughfare of any kind in this state used by the
public.
(c) Every motor carrier subject to the jurisdiction of the
public service commission shall, without regard to whether the
carrier is engaged in intrastate or interstate commerce, establish,
maintain and operate said motor carrier's vehicles, equipment and
cargo in conformity with the safety regulations promulgated by the
U. S. Department of Transportation, Federal Highway Administration,
Bureau of Motor Carrier Safety, published in §49 C.F.R. parts 171,
172, 173, 177, 180, 325, 350, 382, 383, 385, 386, 387, 389, 390,
391, 392, 393, 394, 395, 396, 397, 398 and 399 (2003)as those
regulations now exist or are hereafter amended except as provided in subsections (d), (e), (f) and (g) of this section.
(d) No motor carrier may permit or require any driver used by
it to be on duty nor may any driver be on duty for more than
sixteen hours in any twenty-four hour period. No motor carrier may
permit or require any driver used by it to drive nor may any driver
drive more than twelve cumulative hours in any sixteen hour period
of on-duty time.
(e) No motor carrier may permit or require any driver used by
it to drive nor may any driver drive for any period after having
been on duty seventy hours in any seven consecutive days if the
motor carrier driver does not operate motor vehicles every day of
the week. Twenty-four or more consecutive hours off duty
constitutes the end of any seven consecutive day period.
(f) No motor carrier may permit or require any driver used by
it to drive nor may any driver drive for any period after having
been on duty eighty hours in any period of eight consecutive days
if the motor carrier or driver does operate motor vehicles every
day of the week. Twenty-four or more consecutive hours off duty
constitutes the end of any eight consecutive day period.
(g) Any commercial motor vehicle that transports hazardous
materials is exempt from this section and is subject to the federal
regulations as set forth in Title 49 CFR.
NOTE: The purpose of this bill is to regulate motor carriers
transporting construction materials and equipment and limit driver hours.
This section
is new; therefore, strike-throughs and
underscoring have been omitted.