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Introduced Version Senate Bill 100 History

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sb100 intr
Senate Bill No. 100

(By Senator Hunter)

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[Introduced February 9, 2005; referred to the Committee

on Transportation and Infrastructure; and then to the Committee on the Judiciary.]

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A BILL to amend and reenact §24A-1-3 of the Code of West Virginia, 1931, as amended, relating to motor carriers; and providing certain exemptions for wrecker services.

Be it enacted by the Legislature of West Virginia:
That §24A-1-3
of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 1. PURPOSES, DEFINITIONS AND EXEMPTIONS.

§24A-1-3. Exemptions from chapter.
(a) The provisions of this chapter, except where specifically otherwise provided, do not apply to:
(1) Motor vehicles operated exclusively in the transportation of United States mail or in the transportation of newspapers: Provided, That the vehicles and their operators are subject to the commission's safety rules promulgated by the commission;
(2) Motor vehicles owned and operated by the United States of America, the State of West Virginia or any county, municipality or county board of education, urban mass transportation authority established and maintained pursuant to article twenty-seven, chapter eight of this code, or by any of their departments, and any motor vehicles operated under a contract with a county board of education exclusively for the transportation of children to and from school or other legitimate transportation for the schools as the commission may specifically authorize;
(3) Motor vehicles used exclusively in the transportation of agricultural or horticultural products, livestock, poultry and dairy products from the farm or orchard on which they are raised or produced to markets, processing plants, packing houses, canneries, railway shipping points and cold storage plants, and in the transportation of agricultural or horticultural supplies to farms or orchards where they are to be used: Provided, That the vehicles that are exempted by this subdivision and are also operated by common carriers by motor vehicle or contract carriers by motor vehicle, and their operators are subject to the commission's safety and insurance rules promulgated by the commission;
(4) Motor vehicles used exclusively in the transportation of human or animal excreta;
(5) Motor vehicles used exclusively in ambulance service or duly chartered rescue squad service;
(6) Motor vehicles used exclusively for volunteer fire department service;
(7) Motor vehicles used exclusively in the transportation of coal from mining operations to loading facilities for further shipment by rail or water carriers: Provided, That the vehicles and their operators are subject to the commission's safety rules promulgated by the commission and the vehicles that are exempted by this subdivision and are also operated by common carriers by motor vehicle or contract carriers by motor vehicle, and their operators are subject to the commission's insurance rules promulgated by the commission;
(8) Motor vehicles used by petroleum commission agents and oil distributors solely for the transportation of petroleum products and related automotive products when the transportation is incidental to the business of selling the products: Provided, That the vehicles and their operators are subject to the commission's safety rules promulgated by the commission and the vehicles that are exempted by this subdivision and are also operated by common carriers by motor vehicle or contract carriers by motor vehicle, and their operators are subject to the commission's insurance rules promulgated by the commission;
(9) Motor vehicles owned, leased by or leased to any person and used exclusively for the transportation of processed source-separated recycled materials, generated by commercial, institutional and industrial customers, transported free of charge from the customers to a facility for further processing: Provided, That the vehicles and their operators shall be subject to the commission's safety rules promulgated by the commission and the vehicles that are exempted by this subdivision and are also operated by common carriers by motor vehicle or contract carriers by motor vehicle, and their operators are subject to the commission's insurance rules promulgated by the commission;
(10) Motor vehicles specifically preempted from state economic regulation of intrastate motor carrier operations by the provisions of 49 U.S.C. §14501 as amended by Title I, Section 103 of the federal "Interstate Commerce Commission Termination Act of 1995": Provided, That the vehicles and their operators are subject to the commission's safety regulations promulgated by the commission and the vehicles that are exempted by this subdivision and are also operated by common carriers by motor vehicle or contract carriers by motor vehicle, and their operators are subject to the commission's insurance rules promulgated by the commission;
(11) Motor vehicles designated by the West Virginia bureau of senior services for use and operation by local county aging programs: Provided, That the vehicles and their operators are subject to the commission's safety rules promulgated by the commission;
(12) Motor vehicles designated by the West Virginia Division of Public Transit operated by organizations that receive federal grants from the federal transit administration: Provided, That the vehicles and their operators are subject to the commission's safety and insurance rules promulgated by the commission.
(b) In addition to the exemptions set out in subsection (a) of this section, wrecker services and the motor vehicles used by licensed wrecker services in the transportation of wrecked or disabled motor vehicles:
(1) A
re exempt from weight, length, height and width limitations imposed on other vehicles in this State;
(2) Are not subject to any requirement to be insured in amounts that exceed the interstate commerce commission transportation insurance requirements, unless those requirements are less than insurance coverages required by the commission's rules and otherwise prescribed by law for motor carriers;
(3) Are not subject to any requirement to use only persons directly employed by the wrecker service for clean-up operations resulting from spillage accidents and other highway accidents that require immediate cleanup, but may hire independent contractors for emergency clean-up services;
(4) Are not subject to any requirement to provide invoice information for wrecker service other than the starting time, stopping time, with the appropriate rate as filed in each individual tariff, and the name, trade name, address and telephone number of the wrecker service; and
(5) Are not responsible for additional charges caused by third parties who call for wrecker equipment larger or smaller than necessary to complete a particular service.
(c) Notwithstanding the exceptions that apply to wrecker services in subsection (b) of this section, wrecker services, their vehicles and their operators are subject to the commission's safety rules.



NOTE: The purpose of this bill is to provide wrecker services certain exemptions from regulation by the Public Service Commission.

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