Senate Bill No. 34
(By Senators Buckalew and Dittmar)
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[Introduced January 12, 1996; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact section three, article one, chapter
twenty-four-a of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to motor
vehicles.
Be it enacted by the Legislature of West Virginia:
That section three, article one, 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 1. PURPOSES, DEFINITIONS AND EXEMPTIONS.
§24A-1-3. Exemptions from chapter.
The provisions of this chapter, except where specifically
otherwise provided, shall not apply to:
(1) Motor vehicles operated exclusively in the
transportation of United States mail or in the transportation of
newspapers: Provided, That such vehicles and their operators
shall be subject to the 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
department thereof, 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 such 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 such farms or orchards to be used thereon;
(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 such vehicles
and their operators shall be subject to the safety 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 such transportation
is incidental to the business of selling said products:
Provided, That such vehicles and their operators shall be subject
to the safety rules promulgated by the commission; and
(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 such customers to a facility for further processing:
Provided, That such vehicles and their operators shall be subject
to the safety rules promulgated by the commission; and
(10) Motor vehicles owned, leased by or leased to any person
and used exclusively for the transportation of passengers in
charter or tour bus operations: Provided, That such vehicles and
their operators shall be subject to the safety rules promulgated
by the commission.
NOTE: The purpose of this bill is to remove from the Public
Service Commission the authority to approve provisions of the
service to the public by charter or tour bus companies.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.