West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-22 - Implementation Of The Single State Registration System For Interstate Motor Carriers Operating In WV › Section 150-22-9 - Compliance

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Suspension of
				registration.
Failure by the registrant to comply with these standards may
				  result in suspension or revocation of the registration by the Commis-sion, or
				  other appropriate administrative or criminal penalty as provided in Chapters 24
				  and 24A of the West Virginia Code.
On the effective date of cancellation of the proof of
				  insurance or other items in non- compliance, the Commission shall notify the
				  registrant in writing that its registration to operate in all states of travel
				  pursuant to these standards is suspended. The suspension notice shall be mailed
				  to the registrant and show the effective date of such suspension. The
				  suspension notice maybe a letter, suspension order, show cause order or any
				  other method of proper notice as determined by the Commis-sion. Notice of
				  non-compliance with the filing of proof of insurance with the ICC may be
				  obtained by the Commission by viewing the state bulletin board or other
				  computer access established with reference to these procedures.
9.2. Reinstatement of
				registration.
When sufficient proof of insurance or other items of non-
				  compliance is filed and in effect after a suspension of the registration, the
				  Commission shall immediately reinstate the motor carrier's registration and
				  notify the registrant that its registra-tion pursuant to these standards is
				  restored. The reinstatement notice shall be mailed to the registrant and show
				  the effective date of such reinstatement. The reinstatement notice may be a
				  letter, reinstatement order or any other method of proper notice as determined
				  by the Commission. Notice of compliance with the filing of proof of insurance
				  with the ICC may be obtained by the Commis-sion by viewing the state bulletin
				  board or other computer access established with reference to these
				  procedures.
9.3. Revocation
				of registration.
The Commission shall revoke registration to operate in any
				  state if the registrant has failed to comply with the insurance filing
				  requirements one-hundred and thirty five (135) days from the effective date of
				  a cancellation of insurance. Notice of revocation of registration shall be
				  mailed to the registrant and show the effective date of such revocation.
9.4. Revocation notice to other
				states.
The Commission shall transmit information regarding
				  revocation of the registration once a month with the monthly transmittal to any
				  other affected jurisdictions participating in this program. The notice to other
				  participating states shall include the full name and business address of the
				  registrant, the registrant's MC Number, DOT number and the date of
				  revocation.
9.5. Unlawful
				use of receipts.
The Commission shall revoke the registration of the motor
				  carrier for unlawful use of the registration receipt.
9.6. Unlawful use defined.
Unlawful use shall include, but not be limited to, failure to
				  pay sufficient fees for the number of motor vehicles operating under the
				  registration receipt, allowing another motor carrier to use or purchase a
				  registration receipt issued to the registrant, alteration of the receipt or
				  failure to maintain a current listing of designation of process agent.
9.7. Temporary authority
				expiration.
The Commission shall revoke the registra-tion of a motor
				  carrier whose registration of an ETA or TA has expired without permanent
				  authority being granted by the ICC or the motor carrier has failed to file a
				  copy of the permanent grant of authority with the Commission before the
				  expiration date.
9.8.
				Reinstatement procedure.
If the registrant believes that the Commis-sion has revoked
				  its registration without good cause, the registrant may petition the Commission
				  for reinstatement. Such petition for reinstatement shall be acted upon in
				  accordance with the administrative rules and procedures of the
				  Commission.
9.9.
				Reapplication.
After a registration has been revoked or cancelled, a motor
				  carrier wishing to operate pursuant to these standards must again apply for
				  registration with the Commission. If the Commission has copies of its operating
				  authority and the motor carrier indicates that no additional grants have been
				  given by the ICC, the new filing of copies of its authority shall be waived.
				  The motor carrier shall submit new proof of insurance. If the motor carrier has
				  paid its annual per vehicle fee for the current calendar year, the Commission
				  shall not require new fees to be paid.
9.10. Forwarding information.
If the motor carrier has paid its annual per vehicle fee for
				  the current calendar year, the Commission shall forward the registration
				  information to all affected participating states when the Commission forwards
				  the next monthly transmittal.
9.11. Unlawful operation/penalties.
No person may operate, or cause to be operated, a motor
				  vehicle in the transportation of passengers or property over the highways of
				  this state, pursuant to authority issued by the ICC, without having first
				  complied with the requirements of this program. Such unauthorized operations
				  may subject such person or persons to criminal and administrative penalties set
				  forth in Chapters 24 and 24A of the West Virginia Code, in addition to those
				  penalties set forth in section 9.00 et seq.