WVC 24 A-
CHAPTER 24A. COMMERCIAL MOTOR CARRIERS.
WVC 24 A- 7 -
ARTICLE 7. COMPLAINTS, DAMAGES AND VIOLATIONS.
WVC 24 A- 7 - 1
§24A-7-1. Complaints against motor carriers; statement of
charges; satisfaction or investigation of complaint.
Any person, firm, association of persons, corporation,
municipality, or county, complaining of anything done or omitted
to be done by any motor carrier subject to this chapter, in
contravention of the provisions thereof, or any duty owing by it
under the provisions of this chapter, may present to the
commission a petition which shall succinctly state all the facts.
Whereupon, if there shall be any reasonable ground to investigate
such complaint, a statement of the charges thus made shall be
forwarded by the commission to such motor carrier, which shall be
called upon to satisfy such complaint or to answer the same in
writing within a reasonable time to be specified by the
commission. If such motor carrier of property by motor vehicle
within the time specified shall make reparations for the injury
alleged to have been done or to correct the practice complained
of and obey the law and discharge its duties in the premises,
then it shall be relieved of liability to the complainant for the
particular violation of law or duty complained of. If such motor
carrier shall not satisfy the complaint within the time specified
it shall be the duty of the commission to investigate the same in
such manner and by such means as it shall deem proper.
WVC 24 A- 7 - 2
§24A-7-2. Falsifying records, etc.
Any person, officer, agent or employee of any motor carrier
subject to this chapter who will knowingly or wilfully make any
false entries in the accounts, account books, records, or
memoranda kept by any motor carrier, or who shall knowingly or
wilfully destroy or mutilate any account book, record, or
memorandum useful for the enforcement or administration of this
chapter by the commission, or who shall alter or by any other
means or device falsify the record of any such accounts, account
books, records, or memoranda, or who shall knowingly or wilfully
neglect or fail to make full, true, and correct entries of or in
such account, account book, record, or memorandum of all the
facts and transactions appertaining to such motor carrier, or who
shall falsely make any statement required to be made to the
commission, shall be deemed guilty of a felony, and, upon
conviction thereof, shall be confined in the penitentiary not
less than one year nor more than five years.
WVC 24 A- 7 - 3
§24A-7-3. Continuing offenses.
Every day during which any person shall fail to observe and
comply with any order or direction of the commission or to
perform any duty enjoined by this chapter shall constitute a
separate and distinct violation of the order or direction under
WVC 24 A- 7 - 4
§24A-7-4. Penalty for violation of chapter; concurrent
jurisdiction of justices.
Every officer, agent, employee, or stockholder of any motor
carrier, or any motor carrier, and every person who violates,
procures, aids, or abets in the violation of any of the
provisions of this chapter, or who fails to obey any order,
decision, requirement, rule, or regulation of the commission or
procures, aids, or abets any person in his failure to obey such
order, decision, requirement, rule, or regulation, shall be
deemed guilty of a misdemeanor and, upon conviction, shall be
fined not exceeding one thousand dollars or confined in jail for
not less than thirty days nor more than one year, or both, in the
discretion of the court. Justices of the peace shall have
concurrent jurisdiction with the circuit, criminal and
intermediate courts of proceedings to enforce the penalties
prescribed by this section.
WVC 24 A- 7 - 5
§24A-7-5. Second offenses.
When any person is convicted for a violation of any
provision of this chapter or any order, decision, requirement,
rule, or regulation of the commission and it is alleged in the
indictment upon which he is convicted and it is admitted, or by
jury found, that he has been before convicted of a violation of
any provision of this chapter or order, decision, requirement,
rule, or regulation of the commission, committed prior to the
violation for which the indictment upon trial was found, then he
shall be fined not less than five hundred dollars nor more than
five thousand dollars and shall, in addition thereto, be confined
in the county jail for not less than three months nor more than
WVC 24 A- 7 - 6
§24A-7-6. Duty of prosecuting attorneys and law-enforcement
officers to enforce chapter; regulatory authority of
commission; qualifications of commission employees
designated as motor carrier inspectors.
It shall be the duty of the West Virginia state police and the
sheriffs of the counties in West Virginia to make arrests and the
duty of the prosecuting attorneys of the several counties to
prosecute all violations of this chapter and of other chapters
governing the regulatory authority of the commission. The
commission employees designated as motor carrier inspectors shall
have the same authority as law-enforcement officers to enforce the
provisions of this chapter and the provisions of other chapters of
this code governing the regulatory authority of the commission as
such provisions apply to entities and persons regulated by the
commission in any county or city of this state. Notwithstanding
any provision of this code to the contrary, such motor carrier
inspectors may carry handguns in the course of their official
duties after meeting specialized qualifications established by the
governor's committee on crime, delinquency and correction, which
qualifications shall include the successful completion of handgun
training, including a minimum of four hours training in handgun
safety, paid for by the commission and comparable to the handgun
training provided to law-enforcement officers by the West Virginiastate police: Provided, That nothing in this section shall be
construed to include motor carrier inspectors within the meaning of
law-enforcement officers as defined in section one, article
twenty-nine, chapter thirty of this code.
WVC 24 A- 7 - 7
§24A-7-7. Authority of motor carrier inspectors to enforce all
traffic rules as to commercial vehicles; use of radar
(a) The employees of the commission designated as motor
carrier inspectors have the same authority as law-enforcement
officers generally to enforce the provisions of chapter seventeen-c
of this code with respect to commercial motor vehicles owned or
operated by motor carriers, exempt carriers or private commercial
carriers where vehicles have a gross vehicle weight rating of ten
thousand pounds or more.
The commission is authorized to delegate motor carrier
inspector duties to weight enforcement officers as it considers
appropriate, following successful training and certification of
individual officers, who shall then have the same authority as
motor carrier inspectors under this section. The commission is
also authorized to delegate weight enforcement duties to motor
(b) The speed of a commercial motor vehicle owned or operated
by a motor carrier, exempt carrier or private commercial carrier
may be proved by evidence obtained by use of any device designed to
measure and indicate or record the speed of a moving object by
means of microwaves, when the evidence is obtained by employees of
the commission designated as motor carrier inspectors. The
evidence so obtained is prima facie evidence of the speed of the
(c) Motor carrier inspectors shall also perform a north
American standard safety inspection of each commercial motor
vehicle stopped for enforcement purposes pursuant to this section.
(d) Before exercising the provisions of this section, the
motor carrier inspectors shall receive adequate training.
(e) Nothing in this section affects the existing authority of
law-enforcement officers not employed by the commission to enforce
the provisions of chapter seventeen-c of this code.