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
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
(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
of intrastate driving hours of
This section is new; therefore, strike-throughs and
underscoring have been omitted.