West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-09 - Rules Governing Motor Carriers, Private Commercial Carriers, and the Filing of Evidence of Insurance and Financial Responsibility by Motor Carriers › Section 150-9-8 - Temporary Authority

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				Temporary authority -- The Commission may grant temporary authority upon an
				application for a certificate or permit to operate as a common or contract
				carrier by motor vehicle if it appears that the granting of such authority will
				not operate to the detriment of any authorized common or contract carrier
				serving the territory and if the Commission has reason to believe that no
				common or contract carrier would protest the application for such
				authority.
8.2. Publication of
				notice. - Except in cases of emergency, the Commission will not grant temporary
				authority under Rule 8.1. until notice of the application for such authority
				has been published not less than three (3) days prior to the granting of such
				authority in a newspaper of general circulation in the county, or counties, of
				operation.
8.3. No presumption. -
				The granting of any authority under Rule 8.1. shall not create a presumption
				that corresponding permanent authority will be granted.
8.4. Surrender of uniform vehicle
				identification cards. - In the event that an applicant receives temporary
				authority under Rule 8.1. but the Commission denies corresponding permanent
				authority following a hearing on the application, the applicant shall surrender
				all Uniform Vehicle Identification Cards to the Commission and no refund of any
				fees or assessments, or portions thereof, shall be made.
8.5. Required conditions for temporary
				authority-contract carrier. - The Commission will not grant temporary authority
				to operate as a contract carrier under Rule 8.1. unless it is established to
				the satisfaction of the Commission that the rates to be paid will not be less
				than those charged by common carriers for similar service; the vehicles of the
				applicant will not replace those of any authorized common or contract carrier;
				and there is no common carrier service available for such transportation. The
				Commission may accept an affidavit signed by such proper person or official of
				a company that desires the services of the applicant. The affidavit shall be in
				the form and effect as prescribed under the provisions of Rule 10.1.23., P.S.C.
				W. Va. M.C. Form No. 33.
8.6.
				Application not binding. - Commission acceptance of an application under these
				Rules shall not be considered as a grant of authority. Commission acceptance of
				an affidavit as prescribed in Rule 8.5. and as set forth by Rule 10.1.23.,
				P.S.C. W. Va. M.C. Form No. 33, is not conclusive and the Commission may
				require such further evidence as it deems necessary.
8.7. Fees and assessments. - The fees and
				assessments for carriers authorized under Rule 8.1. are the same as for
				carriers with permanent authority.
8.8. Emergency substitute carrier - The
				Commission may authorize an emergency substitute carrier upon suspension of a
				certificate to operate as a common carrier by motor vehicle upon suspension of
				a certificate, or to operate as a contract carrier by motor vehicle upon
				suspension of a permit pursuant to W.Va. Code §§24A-2-5 or 24A-3-2,
				respectively. The Commission will establish rates and charges for emergency
				substitute carriers upon appointment of an emergency substitute carrier.
8.8.1. The emergency substitute carrier may
				continue to operate during the pendency of its application for a certificate of
				convenience and necessity filed pursuant to W. Va. Code §24A-2-5(a) or
				during the pendency of its application for a permit to operate as a contract
				carrier by motor vehicle filed pursuant to W. Va. Code
				§24A-3-3(a).
8.8.2. No sooner
				than thirty (30) days after the suspension of a certificate or permit and
				appointment of an emergency substitute carrier, the suspended common or
				contract carrier may petition the Commission to end the suspension and
				terminate the authority of the emergency substitute carrier. Upon notice to die
				emergency substitute carrier and an opportunity to be heard, die Commission
				shall issue an order granting or denying die petition.