Senate Bill No. 462
(By Senator Redd)
____________
[Introduced January 31, 2002; referred to the Committee
on the Judiciary.]
____________
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
carriers of passengers for hire that are exempt from said
chapter; and exceptions from exemption.
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 are
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 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 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 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 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 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 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 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 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 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 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, except when the vehicles are used to transport
passengers subject to reimbursement from either the passenger or
other resources: Provided, That the vehicles and their
operators are subject to the 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, except when the
vehicles are used to transport passengers subject to
reimbursement from either the passenger or other resources:
Provided, That the vehicles and their operators are subject to
the safety and insurance rules promulgated by the commission.
NOTE: The purpose of this bill is to is to assure that the
Public Service Commission properly regulates all carriers who
transport passengers for hire.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language
that would be added.