H. B. 3056

(By Delegate Boggs)
[Introduced February 19, 2003; referred to the
Committee on Roads and Transportation then Finance.]

A BILL to amend article two, chapter twenty-four-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section six, relating to carriers for hire and providing for the regulation of intrastate driving hours of for-hire carriers.

Be it enacted by the Legislature of West Virginia:
That article two, chapter twenty-four-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section six, to read as follows:

§24A-2-6. For hire common carriers of passengers; definitions; driving time; rules.

(a) When used in this section, the following words and phrases have the following meanings, unless the context clearly indicates a different meaning:
(1) "Driving time" means all time spent at the driving controls of a commercial for-hire vehicle designed to transport passengers;
(2) "Eight consecutive days" means the period of eight consecutive days beginning on any day at the time designated by the for-hire carrier for a twenty-four hour period;
(3) "On duty time" means all time from the time a driver begins to work or is required to be in readiness to work until the time he or she is relieved from work and all responsibility for performing work; and
(4) "Twenty-four-hour period" means any twenty-four-consecutive-hour period beginning at the time designated by the for-hire carrier for the terminal from which the driver is normally dispatched.
(b) The provisions of this section apply only to for-hire carriers designed to transport passengers, excluding the driver, on any public highway or road in this state.
(c) Drivers of for-hire carriers may not drive a

:
(1) For-hire vehicle for more than ten consecutive hours without eight consecutive hours off duty;
(2) For-hire vehicle after the driver has been on duty for fifteen hours without eight consecutive hours off duty; or
(3) For-hire vehicle after the driver has been on duty for a total of seventy consecutive hours within eight consecutive days.
(d) For-hire carrier companies shall keep time records, for six months, indicating the time all for-hire drivers report for duty, the time of relief from duty, hours driven, hours on duty, and hours off duty. These records shall be made available to the state police and the public service commission.
(e) The public service commission may promulgate rules necessary to implement the provisions of this section.

NOTE: The purpose of this bill is to provide for the regulation

This section is new; therefore, strike-throughs and underscoring have been omitted.