COMMITTEE SUBSTITUTE
FOR
H. B. 3056
(By Delegate Boggs)
(Originating in the Committee on Roads and Transportation)
[February 27, 2003]
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 motor carriers for hire and providing for the
regulation of intrastate driving hours and duty hours of for-
hire carriers which transport passengers.
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:
ARTICLE 2. COMMON CARRIERS BY MOTOR VEHICLES.
§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 operated by an on board driver which is designed to
transport passengers exclusively on any public highway or road in
this state. The provisions of this section apply only to
intrastate commerce and do not apply where preempted by federal
regulation.
(c) Drivers of for-hire carriers may not:
(1) Engage in driving time of a for-hire vehicle for more than ten consecutive hours without eight consecutive hours off duty;
(2) Engage in
driving time of a for-hire vehicle after the
driver has on duty time of fifteen hours without eight consecutive
hours off duty; or
(3) Engage in
driving time of a 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.