WEST virginia Legislature
2017 regular session
By
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to the Committee on Roads and Transportation then the Judiciary.
A BILL to amend and
reenact §24A-1-3 of the Code of West Virginia, 1931, as amended, relating to
commercial motor carriers generally; providing an exemption from regulation by
the Public Service Commission for motor vehicles used exclusively in the
transportation of roll-off solid waste containers; and requiring the commission
to propose rules for legislative approval to implement the amended provisions
of this section.
Be it enacted by the
Legislature of West Virginia:
That §24A-1-3 of the
Code of West Virginia, 1931, as amended, be amended and reenacted to read as
follows:
ARTICLE 1. PURPOSES,
DEFINITIONS AND EXEMPTIONS.
§24A-1-3. Exemptions
from chapter.
(a) The provisions
of this chapter, except where specifically otherwise provided, do not apply to:
(1) Motor vehicles operated
exclusively in the transportation of United States mail or in the
transportation of newspapers: Provided, That the vehicles and their
operators are subject to the safety rules promulgated by the commission;
(2) Motor vehicles owned
and operated by the United States of America, the State of West Virginia or any
county, municipality or county board of education, urban mass transportation
authority established and maintained pursuant to article twenty-seven, chapter
eight of this code, or by any of their departments, and any motor vehicles
operated under a contract with a county board of education exclusively for the
transportation of children to and from school or other legitimate
transportation for the schools as the commission may specifically authorize;
(3) Motor vehicles used
exclusively in the transportation of agricultural or horticultural products,
livestock, poultry and dairy products from the farm or orchard on which they
are raised or produced to markets, processing plants, packing houses, canneries,
railway shipping points and cold storage plants, and in the transportation of
agricultural or horticultural supplies to farms or orchards where they are to
be used: Provided, That the vehicles that are exempted by this
subdivision and are also operated by common carriers by motor vehicle or
contract carriers by motor vehicle, and their operators are subject to the
safety and insurance rules promulgated by the commission;
(4) Motor vehicles used
exclusively in the transportation of human or animal excreta;
(5) Motor vehicles used
exclusively in ambulance service or duly chartered rescue squad service;
(6) Motor vehicles used
exclusively for volunteer fire department service;
(7) Motor vehicles used
exclusively in the transportation of coal from mining operations to loading
facilities for further shipment by rail or water carriers: Provided,
That the vehicles and their operators are subject to the safety rules
promulgated by the commission and the vehicles that are exempted by this
subdivision and are also operated by common carriers by motor vehicle or
contract carriers by motor vehicle, and their operators are subject to the
insurance rules promulgated by the commission;
(8) Motor vehicles used by
petroleum commission agents and oil distributors solely for the transportation
of petroleum products and related automotive products when the transportation
is incidental to the business of selling the products: Provided, That
the vehicles and their operators are subject to the safety rules promulgated by
the commission and the vehicles that are exempted by this subdivision and are
also operated by common carriers by motor vehicle or contract carriers by motor
vehicle, and their operators are subject to the insurance rules promulgated by
the commission;
(9) Motor vehicles owned,
leased by or leased to any person and used exclusively for the transportation
of processed source-separated recycled materials, generated by commercial,
institutional and industrial customers, transported free of charge or by a
nonprofit recycling cooperative association in accordance with subdivision (1),
subsection (d), section one, article four, chapter nineteen of this code from
the customers to a facility for further processing: Provided, That the
vehicles and their operators shall be subject to the safety rules promulgated
by the commission and the vehicles that are exempted by this subdivision and
are also operated by common carriers by motor vehicle or contract carriers by
motor vehicle, and their operators are subject to the insurance rules
promulgated by the commission;
(10) Motor vehicles
specifically preempted from state economic regulation of intrastate motor
carrier operations by the provisions of 49 U. S. C. §14501 as amended by Title
I, Section 103 of the federal Interstate Commerce Commission Termination Act of
1995: Provided, That the vehicles and their operators are subject to the
safety regulations promulgated by the commission and the vehicles that are
exempted by this subdivision and are also operated by common carriers by motor
vehicle or contract carriers by motor vehicle, and their operators are subject
to the insurance rules promulgated by the commission;
(11) Motor vehicles
designated by the West Virginia Bureau of Senior Services for use and operation
by local county aging programs: Provided, That the vehicles and their
operators are subject to the safety rules promulgated by the commission;
(12) Motor vehicles
designated by the West Virginia Division of Public Transit operated by
organizations that receive federal grants from the Federal Transit
Administration: Provided, That the vehicles and their operators are
subject to the safety and insurance rules promulgated by the commission; and
(13) Motor vehicles used
exclusively in the nonemergency medical transportation of Medicaid members by
community action agencies as designated by the Governor, although these
vehicles and their operators shall be subject to the safety rules promulgated
by the commission;
(14) Motor vehicles
specifically designed and used exclusively for the transportation of solid
waste containers, commonly known as "roll-off containers," which are
hoisted or winched into a secured position on the vehicle for transportation;
and
(15) Supply, use or
transportation of solid waste containers, commonly known as “roll-off
containers” which when transported are lifted, hoisted or winched into a secure
position on a vehicle when the containers are used for collecting and
transporting solid waste.
(b) The commission shall
propose rules for legislative approval in accordance with article three,
chapter twenty-nine-a of this code to implement the amended provisions of this
section.
NOTE: The purpose of this bill is
to exempt motor carriers of "roll-off containers" from regulation by
the Public Service Commission. It also
requires the Public Service Commission to propose rules for legislative approval
to implement the amended provisions of this section.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.