H. B. 2818
(By Delegates Stemple, Williams and Warner)
[Introduced March 9, 2001; referred to the
Committee on Roads and Transportation then Finance.]
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 exempting
providers of general public transportation that receive
federal transit administration funding for the provision of
public transportation, as designated by the West Virginia
division of public transit, from certain regulatory
requirements applicable to motor carriers.
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, 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 shall be are
subject to the safety rules promulgated by the commission;
(2)(A) Motor vehicles owned and operated:
(i) By the United States of America;
(ii) By 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 of their
departments; and
(iii) By providers of general public transportation that
receive federal transit administration funding for the provision of
public transportation, as designated by the West Virginia division
of public transit, except that the vehicles and their operators are
subject to the safety rules promulgated by the commission; and
(B) 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 to be used thereon on the farms or orchards;
(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 shall be are 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 the transportation is
incidental to the business of selling the products: Provided, That
the vehicles and their operators shall be are subject to the safety
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 are subject to the
safety rules promulgated by the commission;
(10) Motor vehicles specifically preempted from state economic
regulation of intrastate motor carrier operations by the provisions
of the federal aviation administration authorization act of 1994
(Pub. L. 103-305 §601 108 Stat. 1605 (1994)): Provided, That the
vehicles and their operators shall be are subject to the safety
rules promulgated by the commission; and
(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 shall be
are subject to the safety rules promulgated by the commission.
NOTE: The purpose of this bill is to
exempt providers of
general public transportation that receive federal transit
administration funding for the provision of public transportation,
as designated by the West Virginia division of public transit, from
most regulatory requirements applicable to motor carriers.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.