West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-23 - Rules And Regulations Implementing A Uniform Registration And Permitting Program For Motor Carriers Transporting Hazardous Materials › Section 150-23-12 - Hazardous Materials Permit - Part II

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Uniform application.
The permit section for hazardous materials is part II of the
				  uniform application.
12.2.
				Base state.
A motor carrier shall apply to its base state for a uniform
				  permit. The uniform permit confers on a motor carrier the authority to
				  transport hazardous materials in all states that participate in the uniform
				  program.
12.3. Permit
				validation and recertification.
The uniform permit shall be valid for a period of three years
				  or until a motor carrier fails to renew its registration, whichever occurs
				  first. At the beginning of the second and third year of the permit period, the
				  motor carrier, as part of the annual registra-tion process, shall certify that
				  its current operations are not substantially different from its operations on
				  the date it obtained its permit. A motor carrier shall recertify its compliance
				  with applicable laws and regulations in part II of the uniform application when
				  it renews its annual registration. Failure to comply with the certifications in
				  part II is cause for denial, suspension or revocation of the permit. If there
				  is a substantial change in the motor carrier's operations during the permitting
				  period, the Commission will review the changes and the motor carrier will be
				  given due process to obtain a permit.
12.4. Permit processing.
Upon receipt of a permit application, the Commission shall
				  process the application for the permit for each motor carrier for which it
				  serves as the base state. If it is deemed necessary, the Commission may conduct
				  any pre-permitting investigation or audit. When processing is complete, the
				  Commission will issue a credential form to the motor carrier. A copy of the
				  credential form must be kept inside the cab of each vehicle that transports
				  hazardous materials.
12.5.
				Application certification.
In the permit application the motor carrier must certify that
				  each vehicle and driver complies with the vehicle-specific and driver-specific
				  requirements.
12.6.
				Certification compliance.
The Commission may conduct addi-tional investigations into a
				  motor carrier's operation prior to issuing a permit to determine that the motor
				  carrier has, in fact, complied with the certifications in the
				  application.
12.7. Failure
				to comply.
Failure of a motor carrier to comply with the certifications
				  in the application is grounds for denying, suspending, or revoking a permit.
				  Proprietary information related to commercial relationships, routes, and
				  specific products and financial information gathered on individual motor
				  carriers as part of the permitting process shall be confidential and may only
				  be used by the Commis-sion, other states in which the motor carrier operates,
				  and the national repository for purposes of enforcing the permitting
				  requirements.