reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 24. Public Service Commission › Article 8. 211 Information and Referral System › §24-8-1. Legislative Findings

The Legislature finds that it is in the best interest of the citizens of West Virginia to implement the universally, free access telephone number "211" made available by the federal communications commission for states to develop an information and referral source for human and social services. The "211" system will provide a vital resource to the citizens of West Virginia for social and human service information and referral by providing a critical connection between individuals and families in need and the appropriate community-based organizations and government agencies.
The Legislature further finds that implementing the "211" information and referral system will serve as a centralized resource for human and social service professionals, medical personnel, government agencies and charitable organizations by providing a full spectrum of service options to the citizens of West Virginia. The "211" system will also serve as a centralized point in times of natural disasters or national emergencies by providing access to information for the coordination of relief.
Therefore, the Legislature authorizes and directs the Public Service Commission to implement the "211" information and referral system in accordance with the recommendations of the Public Service Commissions' appointed task force as reported to the Legislature.
2023 West Virginia Code › Chapter 24. Public Service Commission › Article 8. 211 Information and Referral System › §24-8-2. Rule-Making Authority

The Public Service Commission shall propose rules for legislative promulgation in accordance with article three, chapter twenty-nine-a of this code regarding the implementation and administration of this system. From the effective date of this section until the date of the promulgation of these rules, the commission may file rules as emergency rules in accordance with the applicable provisions of this code in order to implement and administer this system.
2023 West Virginia Code › Chapter 24A. Commercial Motor Carriers › Article 1. Purposes, Definitions and Exemptions › §24A-1-1. Purposes

It is hereby declared to be the purpose and policy of the Legislature in enacting this chapter to confer upon the Public Service Commission of West Virginia, in addition to all other powers conferred and duties imposed upon it by law, the power, authority and duty to supervise and regulate the transportation of persons and property for hire by motor vehicles upon or over the public highways of this state so as to: (a) Protect the safety and welfare of the traveling and shipping public in their use of transportation agencies by motor vehicle; (b) preserve, foster and regulate transportation and permit the coordination of transportation facilities; (c) provide the traveling and shipping public transportation agencies rendering stabilized service at just and reasonable rates. This chapter shall apply to persons and motor vehicles engaged in interstate commerce and to private commercial carriers by motor vehicle as defined in section two of this article, to the extent permitted by the Constitution and laws of the United States.
2023 West Virginia Code › Chapter 24A. Commercial Motor Carriers › Article 1A. Commercial Vehicle Regulation › §24A-1A-1. Regulation of Commercial Vehicle Weights

(a) Effective July 1, 2003, the commission has jurisdiction over the enforcement of this code and rules promulgated under this code, including, but not limited to, applicable provisions of article seventeen-a, chapter seventeen-c of this code relating to vehicular weight.
(b) Effective January 1, 2003, the commission has jurisdiction over the issuance of permits for excess vehicular weight.
(c) Effective January 1, 2003, employees of the Division of Highways, Department of Transportation, whose primary governmental duties as of June 30, 2002, included the administration and enforcement of state statutes and rules relating to vehicular weight or the issuance of permits for excess vehicular weight shall be transferred from the Division of Highways and Department of Transportation to the commission.
(d) The commission shall implement and administer the provisions of this section and of articles six, six-a and six-b of this chapter.
2023 West Virginia Code › Chapter 24A. Commercial Motor Carriers › Article 1A. Commercial Vehicle Regulation › §24A-1A-2. Creation of Advisory Committee; Purpose; Members; Terms

(a) There is continued the Commercial Motor Vehicle Weight and Safety Enforcement Advisory Committee, the purpose of which is to study the implementation of the commercial motor vehicle weight and safety enforcement program set forth in this article.
(b) The committee consists of the following members:
(1) One member who is an employee of the Division of Highways, to be appointed by the Commissioner of Highways;
(2) One member who is an employee of the Public Service Commission, to be appointed by the Chairman of the Public Service Commission;
(3) One member who is a State Police officer, to be appointed by the Superintendent of the State Police;
(4) One member who is an employee of the Division of Motor Vehicles, to be appointed by the Commissioner of Motor Vehicles;
(5) One member who is an employee of the Development Office, to be appointed by the Governor;
(6) One member who is representative of the coal industry, to be appointed by the Governor;
(7) One member of the Senate, to be appointed by the President of the Senate;
(8) One member of the House of Delegates, to be appointed by the Speaker of the House of Delegates;
(9) Two citizen members, to be appointed by the Governor;
(10) One member of the largest organization representing coal miners, to be appointed by the Governor; and
(11) One member of the largest organization representing natural resource transportation drivers, to be appointed by the Governor.
(c) Members shall serve for terms of three years. No member may be appointed to serve more than two consecutive terms.
(d) The committee shall annually nominate from its members a chair, who shall hold office for one year.
(e) The committee shall hold at least four meetings each year or more often as may, in the discretion of the chair, be necessary to effectuate the purposes of this article.
(f) The public members of the committee may receive compensation for attendance at official meetings, not to exceed the amount paid to members of the Legislature for their interim duties as recommended by the Citizens Legislative Compensation Commission and authorized by law.
(g) Committee members may be reimbursed for actual and necessary expenses incurred for each day or portion of a day engaged in the discharge of committee duties in a manner consistent with guidelines of the Travel Management Office of the Department of Administration.
(h) On or before January 1 of each year the committee shall submit to the Governor and to the Legislature a report of its recommendations for improving the effectiveness of the commercial vehicle weight and safety enforcement program.
2023 West Virginia Code › Chapter 24A. Commercial Motor Carriers › Article 2. Common Carriers by Motor Vehicles › §24A-2-1. Subject to Public Utility and Common Carrier Laws

All common carriers by motor vehicle are hereby declared to be affected with a public interest and subject to the laws of this state now in force or that hereafter may be enacted pertaining to public utilities and common carriers as far as applicable, and not in conflict herewith.
2023 West Virginia Code › Chapter 24A. Commercial Motor Carriers › Article 2. Common Carriers by Motor Vehicles › §24A-2-2. Provisions of Chapter to Govern; Common Carrier Certificate and Contract Carrier Permit

No common carrier by motor vehicle shall operate any motor facility for transportation of either persons or property for hire or any public highway in this state except in accordance with the provisions of this chapter, and no person, after January 1, 1940, shall, at the same time, hold under this chapter a certificate as a common carrier and a permit as a contract carrier authorizing operations for the transportation of property by motor vehicles over the same route or within the same territory unless for good cause shown and the commission determines that such certificate and permit may be held consistent with the public interest and the policy stated in section one, article one of this chapter.
2023 West Virginia Code › Chapter 24A. Commercial Motor Carriers › Article 2. Common Carriers by Motor Vehicles › §24A-2-3. Regulatory Powers of Commission

The commission is vested with power and authority to supervise and regulate all common carriers by motor vehicle and to fix, alter, regulate, and determine just, fair, reasonable, and sufficient rates, joint rates, charges and classifications; to regulate the facilities, accounts, service and safety of operations of each such carrier, to regulate operating and time schedules so as to meet the reasonable needs of any community, so as to provide adequate transportation service to the territory traversed by such carriers, and so as to prevent unnecessary multiplication of service among common carriers by motor vehicle and between them and steam and electric railroads, to require the coordination of the service facilities and schedules of competing common carriers by motor vehicle or electric and steam railroads; to require the filing of annual and other reports, tariff, schedules, and other data by such common carriers, in all matters affecting the relation between such carriers and the public and between such carriers and other common carriers. The commission shall have power and authority, by general order or otherwise, to prescribe rules and regulations in conformity with this chapter applicable to any and all such common carriers by motor vehicle and to do all things necessary to carry out and enforce the provisions of this chapter.
2023 West Virginia Code › Chapter 24A. Commercial Motor Carriers › Article 2. Common Carriers by Motor Vehicles › §24A-2-4. Rates, Fares and Charges

All rates, fares and charges made by any common carrier by motor vehicle shall be just and reasonable, and shall not be unlawfully discriminatory, prejudicial nor preferential. No such carrier shall charge, demand, collect, or receive a greater or less or different remuneration for the transportation of passengers or property, or for any service in connection therewith, than the rates, fares, and charges which have been legally established and filed with the commission; nor shall any such carrier refund, remit, discount or rebate in any manner or by any device any portion of the rates, fares, and charges required to be collected by the tariffs on file with or ordered by the commission.
2023 West Virginia Code › Chapter 24A. Commercial Motor Carriers › Article 2. Common Carriers by Motor Vehicles › §24A-2-4a. Motor Carriers Transporting Solid Waste; Pass Through of Landfill Tip Fees as Rate Surcharge

Any common carrier transporting solid waste in this state pursuant to authority granted under section five, article two, chapter twenty-four-a of the Code of West Virginia, 1931, as amended, may make application to the commission for approval of a rate surcharge to pass through any increase in the disposal rate charged by the landfill at which solid waste is disposed by the motor carrier, commonly known as the tip fee, to commercial and residential customers, including increases which are the direct result of fees, charges, taxes, or any other assessment imposed upon the landfill by a governmental body. The commission shall within fourteen days of receipt of said application notify the motor carrier of approval of the requested rate surcharge, or approval of a rate surcharge other than in the amount requested and the reason therefor. The effective date of the approved rate surcharge shall be the same date as the effective date of the increase in the tip fee to which the surcharge relates; except that in the event the application for approval of the rate surcharge is received by the commission more than sixty days after the effective date of the tip fee increase, then the effective date of the approved rate surcharge shall be the date said application was received by the commission.
The commission shall immediately promulgate emergency rules which set forth the procedures for the filing of the tip fee rate surcharge application. It is the purpose of this statute to provide an expedited process which will allow the subject motor carriers to pass through tip fee increases to all customers. Only that data necessary to review in accordance with this statute may be required by the commission to be submitted by the motor carrier.
2023 West Virginia Code › Chapter 24A. Commercial Motor Carriers › Article 2. Common Carriers by Motor Vehicles › §24A-2-4b. Motor Carriers Transporting Solid Waste; Origin of Waste Disclosure; Penalties

(a) The operator-driver of every solid waste motor carrier vehicle which arrives at a commercial solid waste facility, including, but not limited to, commercial landfills and transfer stations, in this state is required to declare, in writing and under oath, the name of the county and state of origin of the solid waste being deposited at the commercial solid waste facility. The operator-driver of the solid waste motor carrier vehicle shall give a copy of this completed declaration form to the operator of the commercial landfill or of the transfer station, to the West Virginia Public Service Commission and to the county solid waste authority.
(b) The Public Service Commission shall prepare and provide commercial solid waste facility operators with a uniform disclosure form for use in effecting this provision.
(c) Any operator-driver of a solid waste motor carrier vehicle who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50 nor more than $500.
(d) Any owner of a solid waste motor carrier vehicle which deposits solid waste in violation of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined $1,000.
2023 West Virginia Code › Chapter 24A. Commercial Motor Carriers › Article 2. Common Carriers by Motor Vehicles › §24A-2-6. For Hire Common Carriers of Passengers; Definitions; Driving Time; Rules

(a) When used in this section, the following words and phrases have the following meanings, unless the context clearly indicates a different meaning:
(1) "Driving time" means all time spent at the driving controls of a commercial for-hire vehicle designed to transport passengers;
(2) "Eight consecutive days" means the period of eight consecutive days beginning on any day at the time designated by the for-hire carrier for a twenty-four-hour period;
(3) "On duty time" 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; and
(4) "Twenty-four-hour period" means any twenty-four- consecutive-hour period beginning at the time designated by the for-hire carrier for the terminal from which the driver is normally dispatched.
(b) The provisions of this section apply only to for-hire carriers operated by an on board driver which is designed to transport passengers exclusively on any public highway or road in this state. The provisions of this section apply only to intrastate commerce and do not apply where preempted by federal regulation.
(c) Drivers of for-hire carriers may not:
(1) Engage in driving time of a for-hire vehicle for more than ten consecutive hours without eight consecutive hours off duty;
(2) Engage in driving time of a for-hire vehicle after the driver has on duty time of fifteen hours without eight consecutive hours off duty; or
(3) Engage in driving time of a for-hire vehicle after the driver has been on duty for a total of seventy consecutive hours within eight consecutive days.
(d) For-hire carrier companies shall keep time records, for six months, indicating the time all for-hire drivers report for duty, the time of relief from duty, hours driven, hours on duty, and hours off duty. These records shall be made available to the State Police and the Public Service Commission.
(e) The Public Service Commission may promulgate rules necessary to implement the provisions of this section.
2023 West Virginia Code › Chapter 24A. Commercial Motor Carriers › Article 3. Contract Carriers by Motor Vehicles › §24A-3-1. Regulation Required

It is hereby declared that the business of contract carriers by motor vehicle is affected with a public interest and that the safety and welfare of the public, the preservation and maintenance of the public highways, and the integrity of the regulation of common carriers require the regulation of contract carriers by motor vehicle to the extent herein provided.
2023 West Virginia Code › Chapter 24A. Commercial Motor Carriers › Article 3. Contract Carriers by Motor Vehicles › §24A-3-4. Regulatory Powers of Commission

The commission is hereby vested with power and authority, and it shall be its duty, to supervise and regulate contract carriers by motor vehicle for the purpose of promoting safety of their operation as transportation agencies upon the highways; to regulate and supervise the accounts and method of keeping the same; to prescribe such rules and regulations as it may deem necessary to carry out the provisions of this chapter; and to supervise and regulate contract carriers by motor vehicle in all matters affecting the relationship between such carriers and the traveling and shipping public.
2023 West Virginia Code › Chapter 24A. Commercial Motor Carriers › Article 3. Contract Carriers by Motor Vehicles › §24A-3-5. Undue Preference Prohibited

Every contract carrier by motor vehicle is hereby forbidden to give or cause any undue or unreasonable advantage or preference to those whom it serves as compared with the patrons of any common carrier by motor vehicle as that term is used in this chapter, or the patrons of any other common carrier, or to subject the patrons of any such common carriers to any undue or unreasonable discrimination or disadvantage; or by unfair competition to destroy or impair the service or business of any common carrier by motor vehicle, or of any other common carrier, or the integrity of the state's regulation of any such service or business; and, to the end that the said commission may enforce these provisions, each such contract carrier by motor vehicle shall maintain on file with the commission a statement of its charges, and of such other matters as the commission may require.
2023 West Virginia Code › Chapter 24A. Commercial Motor Carriers › Article 3. Contract Carriers by Motor Vehicles › §24A-3-6. Rules and Regulations; Minimum Rates, Fares and Charges

The commission is hereby vested with power and authority, and it is hereby made its duty, to prescribe rules and regulations covering the operations of contract carriers by motor vehicles in competition with common carriers of this state, and the commission shall prescribe minimum rates, fares, and charges to be collected by such contract carriers by motor vehicle, which shall not be less than the rates prescribed for common carriers by motor vehicles for substantially the same service.
2023 West Virginia Code › Chapter 24A. Commercial Motor Carriers › Article 4. Private Commercial Carriers of Property by Motor Vehicle › §24A-4-1. Vehicular and Operational Safety

Every private commercial carrier, as defined in section two (n), article one of this chapter, shall establish, maintain and operate its motor vehicles in a safe manner and condition as prescribed by the safety rules and regulations promulgated by the commission under subsection (j), section five, article five of this chapter.
2023 West Virginia Code › Chapter 24A. Commercial Motor Carriers › Article 5. Powers and Duties of Commission › §24A-5-1. Powers of Commission as to Rates, Schedules, etc.

The commission shall have power to originate, establish, promulgate, change, investigate and enforce tariffs, rates, joint rates, classifications and schedules for all motor carriers, except urban mass transportation authorities established and maintained pursuant to article twenty-seven, chapter eight of this code, and the practices, services and facilities of all motor carriers. And whenever the commission shall, after hearing, find any existing rates, tariffs, joint rates, classifications, schedules, practices, services or facilities unjust, unreasonable, insufficient, or unjustly discriminatory or otherwise in violation of any of the provisions of this chapter, the commission shall, by order, fix and require reasonable rates, joint rates, tariffs, classifications, schedules, practices, services or facilities to be followed or established in the future in lieu of those found to be unjust, unreasonable, insufficient or unjustly discriminatory or otherwise in violation of any provisions of law.
2023 West Virginia Code › Chapter 24A. Commercial Motor Carriers › Article 5. Powers and Duties of Commission › §24A-5-2b. Authorizing Public Service Commission to Approve Alternative Pick-Up Due to Adverse Conditions

Every motor carrier of solid waste in residential service shall provide and maintain regularly scheduled pickup service. Exceptions to the regularly scheduled pickup service may be made for reasons beyond the motor carriers control, including, but not limited to, dangerous road conditions, inclement weather, flooding, road closures. Exceptions to the regularly scheduled pickup service based on such conditions will be at the motor carriers discretion: Provided, That nothing herein changes the universal service obligation of any motor carrier. Any interruption of service in this regard that lasts beyond five days shall be reported by the motor carrier to the commission and the motor carrier and the staff of the commission shall establish a contingency pickup arrangement for the affected customers that the motor carrier shall implement until the condition causing the service interruption is alleviated.
2023 West Virginia Code › Chapter 24A. Commercial Motor Carriers › Article 5. Powers and Duties of Commission › §24A-5-3. Through Rates; Joint Rates and Service

The commission shall have power and authority to require a common carrier by motor vehicle, railroad, express, air, or water to establish reasonable through rates with other common carriers by motor vehicle, railroad, express, air, or water and to provide safe and adequate service, equipment, and facilities for the transportation of passengers and property; to establish and enforce just and reasonable individual and joint rates, charges, and classifications, and just and reasonable regulations and practices relating thereto; and in case of such joint rates, fares, and charges to establish just and reasonable divisions thereof as between the carriers participating therein which shall not unduly prefer or prejudice any of such participating carriers.
2023 West Virginia Code › Chapter 24A. Commercial Motor Carriers › Article 5. Powers and Duties of Commission › §24A-5-4. Merger, Consolidation or Joint Ownership

(a) It shall be lawful, under the conditions specified below, but under no other conditions, for two or more motor carriers to consolidate or merge their property, or any part thereof, into one corporation for the ownership, management, and operation of the properties theretofore owned, managed, and operated separately; or for any such motor carrier or two or more such carriers jointly, to purchase, lease or contract to operate the properties, or any part thereof, of another such carrier; or for any such motor carrier or two or more such carriers jointly, to acquire control of another such carrier through purchase of its stock; or for a person, not a motor carrier, to acquire control of two or more motor carriers through ownership of their stock; or for any person in control of one or more motor carriers to acquire control of another such carrier through ownership of its stock; or for a carrier by railroad, express, air, or water to consolidate or merge with, purchase, or acquire control of, any motor carrier, or lease or contract to operate its properties or any part thereof.
(b) When a consolidation, merger, purchase, lease, operating contract, or acquisition of control is proposed under this section the carrier, or carriers, or person, seeking authority therefor shall present an application to the commission and, after hearing, if the commission deems a hearing necessary, if the commission finds that the transaction proposed will be consistent with the public interest, it shall enter such order as it may deem proper and as the circumstances may require, attaching thereto such conditions as it may deem proper, consenting to the entering into or doing of the things hereinabove provided without approving the terms and conditions thereof, and thereupon it shall be lawful to do the things provided for in such order.
(c) Every consolidation, merger, purchase, lease, operating contract, or acquisition of control, or other transaction referred to in this section made otherwise than as hereinabove provided, shall be void.
2023 West Virginia Code › Chapter 24A. Commercial Motor Carriers › Article 6. Duties and Privileges of Motor Carriers Subject to Regulation of the Commission › §24A-6-1. Adequate Facilities; Safety Appliances; Discontinuance or Change; Interchange of Traffic; Joint Use of Terminal Facilities

Every motor carrier subject to this chapter shall establish and maintain adequate and suitable facilities, safety appliances, and other suitable appliances and shall perform such service in respect thereto as shall be reasonably safe and sufficient for the security and convenience of the public, and the safety and comfort of its employees and in all respects just and fair, and without any unjust discrimination or preference. Every motor carrier may be required by the commission to establish and maintain such suitable public service facilities and conveniences as may be reasonable and just. No motor carrier shall discontinue any regular passenger or other public service facility, or change any passenger schedule or timetable without first obtaining authority from the commission so to do, unless the same be done under uniform rules and regulations filed by such motor carrier with the Public Service Commission and approved by said commission. All motor carriers subject to this chapter shall, according to their respective powers and facilities, afford all reasonable, proper, and equal facilities for the interchange of traffic between their respective lines, and for the receiving, forwarding, and delivery of passengers and property to and from their several lines, and those connecting therewith, including common carriers not subject to this chapter, and shall not discriminate in their rates and charges or methods or manner of service between such connecting lines. The commission may require such interchange of traffic and the joint use of terminal facilities as may be reasonable and just.
2023 West Virginia Code › Chapter 24A. Commercial Motor Carriers › Article 6. Duties and Privileges of Motor Carriers Subject to Regulation of the Commission › §24A-6-2. Rate Schedules and Reports

Every motor carrier subject to the provisions of this chapter shall file with the commission, and keep open to public inspection, schedules showing all the rates and charges for service to be rendered by it or by other persons in connection with it: Provided, however, That the reports and tariffs filed by an interstate motor carrier with the commission may be copies of its reports and tariffs filed with the interstate commerce commission, but nothing herein shall preclude the commission from requiring interstate motor carriers to furnish information bearing upon any complaint or question before said commission and with which it has a right to deal.
2023 West Virginia Code › Chapter 24A. Commercial Motor Carriers › Article 6. Duties and Privileges of Motor Carriers Subject to Regulation of the Commission › §24A-6-3. Procedure as to Certificates of Convenience and Necessity and Permits Issued Prior to Chapter

Certificates of convenience and necessity and permits issued to motor carriers by state authorities under the authority of the laws of this state in effect prior to the date this chapter becomes effective shall remain in effect until confirmed, revoked or suspended by the commission, but persons who are the holders of such certificates and permits shall be subject to all provisions of this chapter. The procedure for confirming such certificates and permits shall be the same as is herein provided for issuing certificates and permits in the first instance: Provided, That if any common or contract carrier by motor vehicle of passengers, except by taxicab, was in operation on or prior to March 1, 1937, and any common or contract carrier by motor vehicle of property and of passengers by taxicab for hire was in operation on or prior to January 1, 1939, over the route or routes or within the territory for which application is made and has so operated since the respective dates, except as to interruptions over which the applicant has no control, the commission shall issue such certificate or permit without requiring further proof that the public convenience and necessity will be served by such operation and without further proceedings if application for such certificate or permit to operate is made to the commission within ninety days from the effective date of this chapter: Provided, however, That the applicant in the case of a common carrier or contract carrier by motor vehicle of passengers, except by taxicab, shall be required to submit proof of operation on or prior to March 1, 1937, and in the case of a common or contract carrier by motor vehicle of property and of passengers by taxicab, of operation on or prior to January 1, 1939, and continuously thereafter: Provided further, That pending determination of any application hereunder, the continuance of operation in which a common or contract carrier by motor vehicle of passengers, except by taxicab, was so engaged on or prior to March 1, 1937, and the continuance of operation in which any common or contract carrier by motor vehicle of property and of passengers by taxicab was so engaged on or prior to January 1, 1939, shall be lawful.
2023 West Virginia Code › Chapter 24A. Commercial Motor Carriers › Article 6. Duties and Privileges of Motor Carriers Subject to Regulation of the Commission › §24A-6-4. Uniform Vehicle Identification Card

The commission shall prescribe a uniform vehicle identification card which shall be displayed within the cab of each power unit operated by any motor carrier, showing thereon the description and serial number of the vehicle for which it is issued and the number given to the vehicle by the commission, and may contain such other information as may be required by the commission. Such cards shall be issued annually and displayed in each such power unit not later than July first of each year. It shall be unlawful for any motor carrier to operate any power unit within this state unless said identification card is displayed within such vehicle. It shall be unlawful for the motor carrier, his agent, servant, or employee, or any other person to use or display said identification card or other insignia of authority from the commission at any time after the certificate or permit issued to said motor carrier has expired or has been cancelled, suspended, revoked, or otherwise disposed of.
2023 West Virginia Code › Chapter 24A. Commercial Motor Carriers › Article 6. Duties and Privileges of Motor Carriers Subject to Regulation of the Commission › §24A-6-7. Indemnity Agreement in Motor Carrier Transportation Contracts Void

(a) Notwithstanding any provision of law to the contrary, a provision, clause, covenant or agreement contained in, collateral to or affecting a motor carrier transportation contract entered into on or after July 1, 2006, that purports to indemnify, defend or hold harmless, or has the effect of indemnifying, defending or holding harmless, the promisee from or against any liability for loss or damage resulting from the negligence or intentional acts or omissions of the promisee is against the public policy of this state and is void and unenforceable.
(b) In this section:
(1) "Motor carrier transportation contract" means a contract, agreement or understanding covering:
(A) The transportation of property for compensation or hire by the motor carrier;
(B) Entrance on property by the motor carrier for the purpose of loading, unloading or transporting property for compensation or hire; or
(C) A service incidental to activity described in paragraph (A) or (B), including, but not limited to, storage of property.
(2) "Promisee" means the promisee and any agents, employees, servants or independent contractors who are directly responsible to the promisee except for motor carriers party to a motor carrier transportation contract with promisee and such motor carrier's agents, employees, servants or independent contractors directly responsible to such motor carrier.
(3) The term "motor carrier transportation contract" shall not include the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America, as that agreement may be amended by the Intermodal Interchange Executive Committee, or other agreements providing for the interchange, use or possession of intermodal chassis, containers or other intermodal equipment.
2023 West Virginia Code › Chapter 24A. Commercial Motor Carriers › Article 6A. Registration of Interstate Commerce Commission Authority and Identification of Vehicles to Be Operated Thereunder › §24A-6A-1. Filing of Interstate Commerce Commission Authority Required; Exception

No motor carrier shall operate within the borders of this state under authority issued by the interstate commerce commission (hereinafter referred to as I.C.C.) unless and until it shall have filed with this commission a copy of such authority. However, a motor carrier shall only be required to file with this commission that portion of its authority permitting operation within the borders of this state. A motor carrier shall not be required to file with this commission an emergency or temporary operating authority having a duration of thirty consecutive days or less if such carrier has: (a) Registered its other authority and identified its vehicles or driveaway operation under the provisions of this chapter, and (b) furnished to this commission a telegram or other written communication describing such emergency or temporary operating authority and stating that operation thereunder shall be in full accord with the requirements of this chapter. Each motor carrier shall file with the commission its designation of a local agent service of process on the uniform application for registration of interstate operating authority as promulgated by the ICC; except that such form need not be filed if the designation has been filed with the commission pursuant to 49 U.S.C., Section 10330(b).
2023 West Virginia Code › Chapter 24A. Commercial Motor Carriers › Article 6A. Registration of Interstate Commerce Commission Authority and Identification of Vehicles to Be Operated Thereunder › §24A-6A-2. Prior Registration

A motor carrier need not register under the provisions of this article any authority issued by the I.C.C. permitting operation within the borders of this state, when the same was properly filed with the commission at the time this article became effective.
2023 West Virginia Code › Chapter 24A. Commercial Motor Carriers › Article 6A. Registration of Interstate Commerce Commission Authority and Identification of Vehicles to Be Operated Thereunder › §24A-6A-3. When Registration of Vehicles Required

No motor carrier subject to the provisions of section one of this article shall operate any motor vehicle within the borders of this state unless and until such vehicle, other than one used in driveaway operation, shall have been registered with this commission in accordance with the provisions of this article.
2023 West Virginia Code › Chapter 24A. Commercial Motor Carriers › Article 6A. Registration of Interstate Commerce Commission Authority and Identification of Vehicles to Be Operated Thereunder › §24A-6A-5. Form and Execution of Application for Identification Stamp; Fee; Option of Commission to Issue Stamp, Card or Combination Thereof

The application for the issuance of such identification stamp or stamps shall be in the form prescribed by the commission. The application shall be duly completed and executed by an official of the motor carrier, and shall be accompanied by a $3 fee for the issuance of each identification stamp. However, the fee for each vehicle identification issued for the period beginning July 1, 1971, and expiring February 1, 1973, shall be $5. For the period beginning July 1, 1971, and expiring February 1, 1973, the commission shall have the option to issue either a vehicle identification stamp or a vehicle identification card as presently authorized under subdivision (a), section six, article six of this chapter or a combination of such stamp and such card.
2023 West Virginia Code › Chapter 24A. Commercial Motor Carriers › Article 6A. Registration of Interstate Commerce Commission Authority and Identification of Vehicles to Be Operated Thereunder › §24A-6A-6. Form of Identification Stamp

Any identification stamp issued under the provisions of this article by the commission shall bear its name or symbol and such other distinctive markings or information, if any, as the commission deems appropriate. The stamp shall be in the shape of a square and shall not exceed one inch in diameter.
2023 West Virginia Code › Chapter 24A. Commercial Motor Carriers › Article 6A. Registration of Interstate Commerce Commission Authority and Identification of Vehicles to Be Operated Thereunder › §24A-6A-8. Use of Cab Cards in Connection With Vehicles Not Used in Driveaway Operations

In the case of a vehicle not used in a driveaway operation, the cab card shall be maintained in the cab of such vehicle for which prepared whenever the vehicle is operated under the authority of the carrier identified in the cab card. Such cab cards shall not be used for any vehicle except the vehicle for which it was originally prepared. A motor carrier shall not prepare two or more cab cards which are effective for the same vehicle at the same time.
2023 West Virginia Code › Chapter 24A. Commercial Motor Carriers › Article 6A. Registration of Interstate Commerce Commission Authority and Identification of Vehicles to Be Operated Thereunder › §24A-6A-9. Use of Cab Cards in Driveaway Operations

In the case of a driveaway operation, the cab card shall be maintained in the cab of the vehicle furnishing the motive power for the driveaway operation whenever such an operation is conducted under the authority of the carrier identified in the cab card.
2023 West Virginia Code › Chapter 24A. Commercial Motor Carriers › Article 6A. Registration of Interstate Commerce Commission Authority and Identification of Vehicles to Be Operated Thereunder › §24A-6A-11. Destruction or Nullification of Cab Cards

(a) Each motor carrier shall destroy a cab card immediately upon its expiration.
(b) If a motor carrier permanently discontinues the use of a vehicle for which a cab card has been prepared, it shall nullify the cab card at the time of such discontinuance.
2023 West Virginia Code › Chapter 24A. Commercial Motor Carriers › Article 6A. Registration of Interstate Commerce Commission Authority and Identification of Vehicles to Be Operated Thereunder › §24A-6A-12. Alteration, Loss, Mutilation, etc., of Cab Cards

(a) Any erasure, improper alteration or unauthorized use of a cab card shall render it void.
(b) If a cab card is lost, destroyed, mutilated or becomes illegible, a new cab card may be prepared and new identification stamps may be issued therefor upon application by the motor carrier and upon payment of the same fee prescribed for the original issuance thereof.
2023 West Virginia Code › Chapter 24A. Commercial Motor Carriers › Article 6A. Registration of Interstate Commerce Commission Authority and Identification of Vehicles to Be Operated Thereunder › §24A-6A-13. Collection of State Taxes and Fees Not Affected

Nothing in this article shall be construed to affect the collection or method of collection of taxes or fees by this state from motor carriers for the operation of vehicles within the borders of this state.
2023 West Virginia Code › Chapter 24A. Commercial Motor Carriers › Article 6A. Registration of Interstate Commerce Commission Authority and Identification of Vehicles to Be Operated Thereunder › §24A-6A-14. Participation in the Single State Registration System

(a) Notwithstanding any other provision of this article to the contrary, on or before December 31, 1993, the commission shall promulgate rules implementing a single state registration system, in lieu of the identification stamp and cab card system provided in this article, for motor carriers operating within the borders of this state pursuant to authority granted, or exempt status conferred, by the interstate commerce commission. The single state registration system shall be instituted pursuant to the Intermodal Surface Transportation Efficiency Act of 1991, as implemented by the interstate commerce commission.
(b) The commission is further authorized to employ ten persons, who shall be in the classified exempt service, to facilitate enforcement of duties imposed upon the commission in this chapter.
2023 West Virginia Code › Chapter 24A. Commercial Motor Carriers › Article 6A. Registration of Interstate Commerce Commission Authority and Identification of Vehicles to Be Operated Thereunder › §24A-6A-15. Unified Carrier Registration System

(a) The Public Service Commission is designated as the appropriate state agency to implement and enforce the Unified Carrier Registration System established by the Federal Unified Carrier Registration Act of 2005, 49 U.S.C. §14504a, as amended.
(b) The commission is authorized to promulgate rules pursuant to its general rule-making authority, if necessary, including emergency rules, to implement the federal law and regulations established under the Unified Carrier Registration Act of 2005.
2023 West Virginia Code › Chapter 24A. Commercial Motor Carriers › Article 6B. Registration and Identification of Vehicles Operated by Persons Engaged in Hazardous Materials Transportation › §24A-6B-1. Participation in the Hazardous Materials Transportation Registration System

(a) The commission shall have power and authority to promulgate rules implementing a hazardous materials transportation registration and permitting program for operators of motor vehicles transporting hazardous materials upon or over the public highways within the borders of this state. Rules adopted under this section shall be consistent with, and equivalent in scope, coverage, and content to, the report submitted by the alliance for uniform hazardous material transportation procedures to the secretary of transportation, United States Department of Transportation, pursuant to paragraph (c) of section twenty-two of the "Hazardous Materials Transportation Uniform Safety Act of 1990", Public Law 101-615.
(b) The hazardous materials transportation registration and permitting program established in this section shall be coordinated with hazardous materials regulations enforced by other agencies of the state, and shall preempt and supersede hazardous materials transportation regulation and permitting programs administered or enforced by any municipality, county or other political subdivision of this state.
(c) The funds for the program established in this section shall be obtained from fees paid by registrants hereunder. Those fees shall be established by rulemaking and shall be apportioned; by the percentage of the registrant's activity in this state; by the percentage of a registrant's business that is related to hazardous materials; and by the number of motor vehicles operated in this state by a registrant. Rulemaking may also establish fees for processing and registration: Provided, That said fees established in this section shall not exceed $50 per registrant per annum, nor $50 per vehicle per annum: Provided, however, That said apportioned vehicle fee shall not be required under this program sooner than the registration year beginning on July 1, 1995.
(d) The commission may enter into agreements with other states, a national repository or federal agencies as necessary to implement the program established under this section.
(e) To achieve the purposes of this section, the commission may, through its inspectors or other authorized employees, inspect any facilities or motor vehicles of any person who transports hazardous materials subject to this program.
(f) It shall be unlawful for any person to operate, or cause to be operated, a motor vehicle transporting hazardous materials upon or over the public highways within this state without first having complied with the requirements of the registration and permitting program, as established by the commission. Failure to comply with the program requirements, as determined by the commission after notice and opportunity to be heard, may be sufficient cause for suspension or revocation of permits and registration under the program.
2023 West Virginia Code › Chapter 24A. Commercial Motor Carriers › Article 7. Complaints, Damages and Violations › §24A-7-1. Complaints Against Motor Carriers; Statement of Charges; Satisfaction or Investigation of Complaint

Any person, firm, association of persons, corporation, municipality, or county, complaining of anything done or omitted to be done by any motor carrier subject to this chapter, in contravention of the provisions thereof, or any duty owing by it under the provisions of this chapter, may present to the commission a petition which shall succinctly state all the facts. Whereupon, if there shall be any reasonable ground to investigate such complaint, a statement of the charges thus made shall be forwarded by the commission to such motor carrier, which shall be called upon to satisfy such complaint or to answer the same in writing within a reasonable time to be specified by the commission. If such motor carrier of property by motor vehicle within the time specified shall make reparations for the injury alleged to have been done or to correct the practice complained of and obey the law and discharge its duties in the premises, then it shall be relieved of liability to the complainant for the particular violation of law or duty complained of. If such motor carrier shall not satisfy the complaint within the time specified it shall be the duty of the commission to investigate the same in such manner and by such means as it shall deem proper.
2023 West Virginia Code › Chapter 24A. Commercial Motor Carriers › Article 7. Complaints, Damages and Violations › §24A-7-2. Falsifying Records, etc.

Any person, officer, agent or employee of any motor carrier subject to this chapter who will knowingly or wilfully make any false entries in the accounts, account books, records, or memoranda kept by any motor carrier, or who shall knowingly or wilfully destroy or mutilate any account book, record, or memorandum useful for the enforcement or administration of this chapter by the commission, or who shall alter or by any other means or device falsify the record of any such accounts, account books, records, or memoranda, or who shall knowingly or wilfully neglect or fail to make full, true, and correct entries of or in such account, account book, record, or memorandum of all the facts and transactions appertaining to such motor carrier, or who shall falsely make any statement required to be made to the commission, shall be deemed guilty of a felony, and, upon conviction thereof, shall be confined in the penitentiary not less than one year nor more than five years.