H. B. 2938


(By Delegates Shelton and Stalnaker)

[Introduced February 10, 2003; referred to the

Committee on the Judiciary.]





A BILL to amend and reenact section five, article five, chapter twenty-four-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to limiting liability for noneconomic loss to taxi service providers operating as common carriers under authority of the public service commission to an amount not to exceed five thousand dollars for incidents arising from the taxi providers licensed course of operation.

Be it enacted by the Legislature of West Virginia:
That section five, article five, 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 5. POWERS AND DUTIES OF COMMISSION.

§24A-5-5. Further regulatory powers of the commission.
(a) The commission shall prescribe rules of practice and procedure including, the method and manner of holding hearings, taking evidence, and entering orders. In the investigation, preparation and hearing of cases, the commission is not bound by the technical rules of pleading and evidence, but may exercise discretion to facilitate its efforts to understand and learn all the facts bearing upon the right and justness of the matters before it.
(b) The commission shall employ personnel as may be necessary to carry out the provisions of this chapter and fix their respective salaries or compensation. The commission may designate employees as it deems considers necessary to take evidence at any hearing held or required by the provisions of this chapter. These employees are empowered to administer oaths in all parts of the state so far as the exercise of this power is properly incidental to the performance of their duties in accordance with the provisions of this chapter.
(c) The commission shall prescribe a schedule of fees to accompany: (i) Applications for certificates of convenience and necessity; (ii) applications for permits; and (iii) other filings and recordings of other papers with the commission. The commission shall prescribe a schedule of fees to be charged for: (i) The certification of all records and papers; (ii) the payment of witnesses; and (iii) other costs necessary and incident to hearings before it or its employees. Sums collected in accordance with this subsection, except witness fees, are to be paid into the state treasury and credited to the public service commission motor carrier fund provided for in section six, article six of this chapter. Witness fees are to be paid to the persons entitled to them.
(d) The commission shall establish a system of accounts to be kept by motor carriers; or classify motor carriers and establish a system of accounts for each class. The commission shall prescribe the manner in which the accounts are to be kept. It may prescribe the form of accounts, records, and memoranda to be kept by the motor carriers, including the accounts, records, and memoranda for the movement of traffic, the receipts and expenditures of money, and any other forms, records and memoranda which in the judgment of the commission may be necessary to carry out any of the provisions of this chapter.
(e) The commission shall require persons subject to the provisions of this chapter to furnish any information in their possession or obtainable from their accounting or other records, respecting rates, charges, classifications or practices in conducting their business. The commission has the authority to inspect any books, papers or reports. Any statements required by this subsection are to be under oath when required by the commission. The form of all reports required under this chapter are to be prescribed by the commission.
(f) The commission as a whole or any of its members or designated employees, shall subpoena witnesses, take testimony and administer oaths to any witness in any proceeding or examination instituted before it or conducted by it with reference to any matter within its jurisdiction. In all hearings or proceedings before the commission or its designated employees, the evidence of witnesses and the production of documentary evidence may be required at any designated place of hearing within the state. In the case of disobedience to a subpoena or other process, the commission or any party to the proceedings before the commission may invoke the aid of any circuit court in the state in requiring the evidence and testimony of witnesses and the production of papers, books, and documents. The court, in the case of a refusal to obey the subpoena issued to any person or to any motor carrier subject to the provisions of this chapter, shall issue an order requiring the person or motor carrier to appear before the commission or its designated employees and produce all requested books and papers and give evidence relating to the matter in question. Any failure to obey the order of the court may be punished by the court as contempt. A claim that testimony or evidence may tend to incriminate the person giving the testimony or evidence does not excuse the person from testifying, but the person may not be prosecuted for any offense concerning which he or she has been compelled to testify.
(g) (1) The commission shall require common carriers by motor vehicle and contract carriers by motor vehicle subject to the provisions of this chapter either to procure insurance from a company authorized to write insurance in West Virginia, to qualify as a self-insurer, or to deposit security upon terms and conditions and for limits of liability as the commission shall determine to be necessary for the reasonable protection of the traveling, shipping, and general public against injury, loss, damage or default for which the carrier may be liable. It shall prescribe rules and regulations governing the filing of evidence of insurance and security with the commission. In fixing the amount of the insurance policy or policies, the qualifications as a self-insurer, or the deposit of security, the commission shall give due consideration to the character and amount of traffic, the value of the property transported, the number of persons affected, and the degree of danger involved in any motor carrier operation: Provided, That the amount set by the commission for for-hire vehicles, that haul nonhazardous property with a gross vehicle weight of ten thousand or more pounds, shall be at least seven hundred fifty thousand dollars.
(2) (A) Legislative findings and declaration of purpose -- The Legislature hereby finds and declares that the citizens of this state are entitled to the best public transportation available and that public transportation providers offer an essential and basic service which requires that the public policy of this state encourage and facilitate the provision of such service to our citizens; that liability auto insurance is an important part of our system of protecting injured parties, while fulfilling the need and fairness of limiting the costs of the public transportation provider so as to ensure to the extent possible the highest quality of public transportation; that in recent years, the cost of automobile liability insurance coverage for public transportation providers has risen dramatically while the nature, extent and availability of coverage has diminished; and therefore, the purpose of this provision is to provide for a comprehensive resolution of the matters and factors which the Legislature finds must be addressed to accomplish the goals set forth above. In so doing, the Legislature has determined that reforms must be enacted.
(B) Limit on liability on noneconomic loss -- Notwithstanding any provision in this code to the contrary, in any action brought against a public transportation provider holding a certificate of authority to operate as a common carrier by motor vehicles in taxi cab service granted by the public service commission, as a result of an incident occurring during the fulfillment of the carriers transportation of passengers authority requirements, the maximum amount recoverable as damages for noneconomic loss may not exceed five thousand dollars and the jury shall be so instructed.
(h) The commission shall cooperate with the federal government or any other commission or organized delegated authority to regulate interstate or foreign commerce by motor vehicles to ensure that the transportation of persons and property by motor vehicles in interstate and foreign commerce into and through the state of West Virginia may be regulated and the laws of the United States and the state of West Virginia enforced and administered cooperatively in the public interest.
(i) The commission shall make agreements on behalf of the state of West Virginia with any other state or states providing for reciprocal rights, privileges, and courtesies between the licensees or holders of certificates and permits of the state or states and the state of West Virginia. These agreements may include provisions regarding certificates and permits, fees, assessments and uniform vehicle identification cards, and the transportation of either persons or property into or through the respective state or states and the state of West Virginia. All existing agreements between a state or states and the state of West Virginia for reciprocal rights, privileges and courtesies may, provided constitutional and contractual rights are not violated, be declared void by the commission, and new agreements negotiated.
(j) The commission shall promulgate: (i) Safety rules applicable to motor vehicles subject to the provisions of this chapter; (ii) rules governing the qualifications and maximum hours of service of drivers and chauffeurs of common and contract carriers by motor vehicle of passengers and property subject to the provi sions of this chapter; and (iii) any other rules that the commission may deem consider proper to carry out the provisions and intent of this chapter.

NOTE: The purpose of this bill to limit liability for noneconomic loss to taxi service providers operating as common carriers under authority of the Public Service Commission to an amount not to exceed $5,000 for incidents arising from the taxi providers licensed course of operation.

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