West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-27 - Rules And Regulations For The Transportation Of Coal By Commercial Motor Vehicles › Section 150-27-6 - Administrative Sanctions Concerning Coal Shipments

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Administrative sanctions.
In additions to other penalties provided by law, the
				  following administrative sanctions, which are contained within W. Va. Code
				  §
										17C-17A-9,
				  shall be imposed for various violations occurring upon the coal resource
				  transportation system. These sanctions become effective for violations
				  occurring on or after October 1, 2003.
6.1.a. Shipper and excess weight.
If a shipper of coal loads coal in an amount which causes the
				  gross weight of the commercial motor vehicle to be in excess of the lawful
				  weight limits established in W. Va. Code Article 17A of Chapter 17C, then the
				  shipper shall pay an administrative penalty per pound, for the first and
				  subsequent offenses, in accordance with the schedules set forth in W. Va. Code
				  §
										17C-17A-10.
				  For example, if the vehicle is 10,000 pounds overweight, the penalty would be
				  $700 (10,000 pounds x 7 cents).
6.1.b.
				Operator, owner without a special permit and in violation of weight limits.
If a commercial motor vehicle is operated on a coal resource
				  transportation road with a gross vehicle weight in excess of the lawful maximum
				  weight for a coal resource transportation road without a special permit, the
				  operator and owner of the vehicle shall be subject to the following
				  administrative penalties.
1. The
				operator shall have his commercial driver's license suspended by the Department
				of Motor Vehicles for a period of ninety days for the first offense, six months
				for the second offense, and one year for the third offense: provided, that the
				operator can avoid these penalties by presenting to the Commission, within 5
				days of the offense, a permit that has expired for less than 30 days prior to
				the offense.
2. The owner shall
				have all state-issued hauling permits then in force suspended by the Commission
				for a period of ninety days for the first offense, six months for the second
				offense, and revoked for the third offense: provided, that the owner can avoid
				these penalties by presenting to the Commission, within 5 days of the offense,
				a permit that has expired for less than 30 days prior to the offense. An owner
				is prohibited from applying for a CRTS permit for a period of one year
				following the revocation. If there is no permit then in force, the owner shall
				have his or her commercial motor vehicle registration suspended by the
				Department of Motor Vehicles for a period of ninety days for the first offense,
				six months for the second offense and revoked for the third offense.
6.1.c. Operator, owner with a
				special permit and in violation of weight limits.
If a commercial motor vehicle is operated on a coal resource
				  transportation road with a gross vehicle weight in excess of the lawful maximum
				  weight for a coal resource transportation road allowed by the special permit,
				  the operator and owner of the vehicle shall be subject to the following
				  administrative penalties.
1. The
				operator shall have his commercial driver's license suspended by the Department
				of Motor Vehicles for a period of three days for the first offense, thirty days
				for the second offense, and six months for the third offense.
2. The owner shall have the special permit
				suspended by the Commission for a period of three days for the first offense,
				thirty days for the second offense and revoked for the third offense. An owner
				is prohibited from applying for a CRTS permit for a period of one year
				following the revocation.
6.1.d. Operator, owner with a suspended
				special permit and in violation of weight limits.
If a commercial motor vehicle with a suspended special permit
				  is operated upon a coal resource transportation road in excess of the weight
				  limits imposed by W. Va. Code Article 17 of Chapter 17C, the operator and owner
				  of the vehicle shall be subject to the following administrative
				  penalties.
1. The operator shall have
				his commercial driver's license suspended by the Department of Motor Vehicles
				for a period of six months for the first offense, twelve months for the second
				offense, and two years for the third offense: provided, that if the operator is
				also the owner, the owner penalties shall also apply.
2. The owner shall have all state-issued
				permits then in force suspended by the Commission or, if applicable, the
				commissioner of highways for a period of twelve months for the first offense,
				two years for the second offense and revoked for the third offense. An owner is
				prohibited from applying for a CRTS permit for a period of one year following
				the revocation.
6.1.e.
				Operator with a permit who speeds upon a coal resource transportation
				road.
An operator of a commercial motor vehicle that has a special
				  permit and is charged with a violation of W. Va. Code §
										17C-6-1
				  upon a coal resource transportation road shall have his or her commercial
				  driver's license suspended by the Department of Motor Vehicles for a period of
				  three days for the first offense, thirty days for the second offense and
				  revoked for the third offense.
6.1.f.
				Falsifying information in the acquisition of a special permit.
If any person falsifies information relating to the
				  acquisition of a special permit, then that person shall have his or her
				  driver's license, including a commercial driver's license, suspended by the
				  Department of Motor Vehicles for a period of sixty days for the first offense,
				  one hundred and twenty days for the second offense and six months for the third
				  offense. Further, if the person is regulated pursuant to W. Va. Code Article
				  17A, Chapter 17C, the person's state-issued business license shall be suspended
				  by the commissioner of the state tax division for a period of six months for
				  the first offense, one year for the second offense and two years for the third
				  offense.
6.1.g. Altered,
				forged or counterfeited permit.
Any person who fabricates or displays an altered, forged or
				  counterfeited permit shall have his or her driver's license, including a
				  commercial driver's license, suspended by the Department of Motor Vehicles for
				  a period of sixty days for the first offense, one hundred twenty days for the
				  second offense and revoked for the third offense. In addition, without hearing,
				  the Commission or its law enforcement employees may immediately confiscate an
				  altered, forged or counterfeited permit, or a permit used by someone other than
				  the applicant or for another vehicle. Upon the issuance of a citation alleging
				  a violation of this subsection, the vehicle and its load shall be impounded as
				  provided in these rules.
6.1.h. Bribes.
Any person that bribes or attempts to bribe an employee of
				  the State or who gives such an employee a gift, gratuity, entertainment, loan,
				  favor or other thing of monetary value for the purpose of avoiding any
				  penalties permitted in these rules shall have his or her state-issued special
				  permit suspended by the Commission for a period of sixty days for the first
				  offense, one hundred and twenty days for the second offense and revoked for the
				  third offense. An owner is prohibited from applying for a CRTS permit for a
				  period of one year following the revocation.
6.1.i. Aiding and abetting.
Any person who aids or abets another person's attempt to
				  avoid any suspension provided herein shall have his or her driver's license,
				  including a commercial driver's license, suspended by the Department of Motor
				  Vehicles for a period of sixty days for the first offense, one hundred and
				  twenty days for the second offense and six months for the third offense and
				  shall have his or her state-issued business license suspended by the tax
				  commissioner for a period of three months for the first offense, six months for
				  the second offense and one year for the third offense.