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 150-9-2 - Intent of Rules, Application of Rules, and Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Intent. -- Pursuant to die powers vested
				and the authority given under Chapter 24A of die W. Va. Code, the Public
				Service Commission of West Virginia issues the following rules governing die
				transportation of persons and property for hire by motor vehicle upon or over
				the public highways of West Virginia. These rules are intended to insure
				adequate service to the public; to protect the safety and welfare of the
				traveling and shipping public in their use of transportation agencies by motor
				vehicle; to preserve, foster, and regulate transportation; to permit the
				coordination of transportation facilities; and to provide the traveling and
				shipping public transportation agencies rendering stabilized service at just
				and reasonable rates. These rules are also intended to govern die filing of
				evidence of insurance and financial responsibility by motor carriers to protect
				the traveling, shipping, and general public against injury, loss, damage, or
				default for which motor carriers may be liable. Moreover, Rule 4.3 and other
				safety rules in this series arc also intended to apply to all motor carriers
				and private commercial carriers that are statutorily subject to the
				Commission's safety jurisdiction while they are operating on the public
				highways of West Virginia.
2.2.
				Saving clause. - The adoption of these rules and regulations shall in no way
				preclude the Commission from altering or amending them in whole or in part, or
				from requiring any other or additional service, equipment, facility, or
				standard, either upon complaint or upon its own motion, or upon the application
				of any motor carrier. Furthermore, compliance with these rules shall not in any
				way relieve a motor carrier or private commercial carrier from any of its
				duties under the laws of West Virginia. These rules and regulations are
				intended to supplement applicable statutes in Chapters 24 and 24A of the W. Va.
				Code and do not replace or substitute any of the provisions of such
				statutes.
2.3. Application of
				rules.
2.3.1. These rules shall apply to all
				common or contract motor carriers for hire of passengers or property over the
				public highways of West Virginia, unless those motor carriers are, under
				statute, completely exempt from regulation. If a motor carrier is statutorily
				only partially exempt from regulation, these rules shall apply to that carrier
				except to the extent that the carrier is statutorily exempt. Rule 4.3 and other
				safety rules in this series shall apply to all motor carriers and private
				commercial carriers that arc statutorily subject to the Commission's safety
				jurisdiction. These rules shall apply to persons and motor vehicles engaged in
				intrastate and interstate commerce to the extent permitted by the constitutions
				and laws of West Virginia and of the United States.
2.3.2. Waiver of rule. - If hardship results
				from the application of any rule herein prescribed, or if unusual difficulty is
				involved in immediately complying with any rule, an application may be filed
				with the Commission for the temporary or indefinite waiver of that particular
				rule: Provided, that no application for such waiver shall be considered by the
				Commission unless there is submitted therewith a full and complete
				justification for such action.