H. B. 2463
(By Delegates Brum, Michael and Higgins)
[Introduced March 4, 1993; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section two-a, article two, chapter
twenty-four-a of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to common
carriers by motor vehicles; exempting common carriers
engaged in towing, hauling or carrying wrecked or disabled
vehicles from having to obtain common carrier certificates
or other certificates of authority from the public service
commission; requiring such common carriers to register with
the commission; requiring such carriers to comply with
applicable safety rules and regulations of the commission
and to provide evidence of sufficient liability insurance to
the commission; and authorizing the commission to revoke the
registration of such carriers under specified circumstances.
Be it enacted by the Legislature of West Virginia:
That section two-a, article two, chapter twenty-four-a of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 2. COMMON CARRIERS BY MOTOR VEHICLES.
§24A-2-2a. Certificate not required for carriers of wrecked and
disabled vehicles; registration of carriers of
wrecked and disabled vehicles; determination of
maximum rates; suspension or revocation of
registration.
(a) On and after July one the first day of July, one
thousand nine hundred eighty-two ninety-three, common carriers by
motor vehicles engaged in the business of towing, hauling or
carrying wrecked or disabled vehicles shall notwithstanding any
other provision of the laws of the state of West Virginia to the
contrary be regulated by the provisions of this section. and
this section shall not be applicable to said carriers until such
date
(b) No A common carrier by motor vehicle engaged in the
business of towing, hauling or carrying wrecked or disabled
vehicles and mobile homes shall may not be required to obtain a
common carrier certificate or other certificate of authority from
the commission prior to engaging in such business: however, such
Provided,
That the carrier shall not engage in such business
unless and until such the carrier shall have registered registers
as a carrier with the commission in accordance with the
provisions of this section.
(c) A person may not act as a common carrier by motor
vehicle by engaging in the business of towing, hauling or
carrying wrecked or disabled motor vehicles for hire unless thatperson has registered as a carrier with the public service
commission as provided in this section; nor, may a person
continue to act as a carrier by engaging in the business of
towing, hauling or carrying wrecked or disabled motor vehicles
for hire if his registration is revoked or suspended by the
commission. A person registered as a carrier under the
provisions of this section may not charge, demand, collect or
receive a greater remuneration for the towing, hauling or
carrying of any wrecked or disabled motor vehicle than the rates,
fares and charges established by the provisions of this section.
The commission shall register all carriers as may make
application for registration as a common carrier by motor vehicle
for the purpose of engaging in the business of towing, hauling or
carrying wrecked or disabled motor vehicles for hire upon
satisfactory evidence to the commission that the carrier has
complied with all applicable requirements of this chapter and all
applicable safety rules and regulations of the commission, and
upon satisfactory evidence that the carrier has contracted for
sufficient liability insurance. The commission shall by general
order, applicable to all carriers registered under this section,
fix, alter and determine just, fair, reasonable and sufficient
maximum statewide or regional schedules of rates, fares and
charges, and it shall establish reasonable classifications of
carriers for which the schedules are applicable, but before the
rates, fares and charges are fixed, altered or determined, the
commission shall hold hearings in order to give all interestedparties an opportunity to be heard, and it shall give reasonable
notice of the hearings in the manner as the commission shall by
rule prescribe. Carriers registered under the provisions of this
section are not subject to the regulatory powers of the
commission as provided in section three of this article.
Upon the complaint of any aggrieved party, the commission
may suspend or revoke the registration of any person registered
with the commission under the provisions of this section for the
violation of any safety rule or regulation established by the
commission and applicable to that person or for the violation of
any provision of this article applicable to persons registered
under the provisions of this section:
Provided,
That for the
first violation, suspension of registration shall be for a period
of not more than thirty days; and, for a second violation, the
commission may revoke the registration for a period of one year;
and, for a third violation, the commission may revoke the
registration permanently. But before any suspension or
revocation is effected, the person registered under this section
shall first be given reasonable notice of the charges against him
or her and shall be granted an opportunity to be heard by the
commission or its designee in accordance with the rules and
regulations for hearings as may be by rule established by the
commission.
NOTE: The purpose of this bill is to exempt carriers that
haul or tow wrecked or disabled vehicles from obtainingcertificates of necessity and convenience from the Public Service
Commission. The bill requires such carriers to register with the
PSC and to meet PSC requirements regarding safety and insurance
but not as to rates. (This section of the law was held
unconstitutional in 1983 because of a defective bill title.)
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.