SB 686 — Exempting contract and common carrier laws for certain vehicles

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Red = new code to be enacted WEST virginia legislature regular session Enrolled Committee Substitute for Senate Bill 686 Senators Blair and Jeffries, original sponsors [Originating[Passed inFebruary the29, Committee2020; on Government Organization;

reportedin oneffect February90 14,days 2020]from passage]     AAN BILLACT to amend and reenact §24A-1-2 of the Code of West Virginia, 1931, as amended;

(1) “Commission” means the Public Service Commission of West Virginia;

(2) “Common carrier by motor vehicle” means any person who undertakes, whether directly or by lease or any other arrangement, to transport passengers or property, or any class or classes of property, for the general public over the highways of this state by motor vehicles for hire, whether over regular or irregular routes, including such motor vehicle operations of carriers by rail, water, or air, and of express or forwarding agencies, and leased or rented motor vehicles, with or without drivers;

(3) “Contract carrier by motor vehicle” means any person not included within the definition of “common carrier by motor vehicle”, who under special and individual contracts or agreements, and whether directly or by lease or any other arrangement, transports passengers or property over the highways in this state by motor vehicles for hire;

(4) “Driveaway operation” means an operation in which any vehicle or vehicles, operated singly or in lawful combinations, new or used, not owned by the transporting motor carrier, constitute the commodity being transported;

(5) “Exempt carrier” means any person operating a motor vehicle exempt from the provisions of §24A-1-3 of this code;

 (6) “I.C.C.” means the Interstate Commerce Commission;

(7) “Motor carrier” includes both a common carrier by motor vehicle and a contract carrier by motor vehicle;

(8) “Motor vehicle” means, and includes, any automobile, truck, tractor, truck-tractor, trailer, semitrailer, motorbus, taxicab, any self-propelling motor-driven motor vehicle, or any combination thereof used upon any public highway in this state for the purpose of transporting persons or property;

(9) “NARUC” means the National Association of Regulatory Utility Commissioners;

(10) “Operations within the borders of this state” means interstate or foreign operations to, from, within, or traversing this state;

(11) “Person” means and includes any individual, firm, copartnership, corporation, company, association, or joint-stock association, and includes any trustee, receiver, assignee, or personal representative thereof;

(12) “Planting and harvesting season” means January 1 through December 31 of each calendar year only as it relates to the administration of rules promulgated pursuant to §24A-5-5(j) of this code;

(13) “Private commercial carrier” means and includes any person who undertakes, whether directly or by lease or other arrangement, to transport property, including hazardous materials as defined in rules and regulations promulgated by the commission, for himself or herself over the public highways of this state, in interstate or intrastate commerce, for any commercial purpose, by motor vehicle with a gross vehicle weight rating of 10,001 pounds or more, by motor vehicle designed to transport more than 15 passengers, including the driver;

(14) “Power unit” means any vehicle which contains within itself the engine, motor, or other source of power by which said vehicle is propelled;

and  (15) “Public “Public highway” means any public street, alley, road or highway, or thoroughfare of any kind in this state used by the public.

Provided, That an emergency substitute carrier may continue to operate during the pendency of its application for a certificate of convenience and necessity filed pursuant to §24A-2-5(a) of this code.  and, upon Upon not less than 15 days’ notice to the grantee of any certificate and an opportunity to be heard, the commission may revoke or amend any certificate.

— No sooner than 30 days after a suspension of authority, a common carrier may petition the commission to end the suspension and terminate the authority of an emergency substitute carrier.  Upon notice to the emergency substitute carrier and an opportunity to be heard, the commission shall issue its order granting or denying the petition.  (e)(f) (f) The commission shall have the authority, after hearing, to ratify, approve, and affirm those orders issued pursuant to this section.

since March 10, nineteen hundred seventy-nine.

Provided, That an emergency substitute carrier may continue to operate during the pendency of its application for a permit filed pursuant to §24A-3-3(a) of this code.  and upon Upon not less than 15 days’ notice to the grantee of any permit and an opportunity to be heard, the commission may revoke or amend any permit.

(e)(f)  (f)  Notice of cessation or abandonment.

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The purpose of this bill is to authorize the use of an emergency substitute motor carrier when a certificate of convenience and necessity or contract carrier permit is suspended so that service to the customer may continue during the period of the emergency.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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