W. Va. Code R. § 150-9-4

Current through Register Vol. XLI, No. 38, September 20, 2024

Section 150-9-4 - Rules Applicable to All or Some Motor Carriers

4.1. Practice and procedure. - The Rules of Practice and Procedure adopted by the Commission, where appropriate and applicable, shall apply to all motor carriers.

4.2. Filing of tariffs and rate schedules.

4.2.1. Filing Required - All schedules, rules, regulations, special contracts, and other charges, or modifications of the same, for the transportation of persons or property for hire by motor vehicles shall not become effective until approved by, and filed with, the Commission.

4.2.2. Manner of Filing - Tariffs containing all the rates, rules, and regulations of each motor carrier shall be filed in the manner prescribed by the Commission in the "Rules for the Construction and Filing of Tariffs" and such other amendments or modifications thereto that may have been, or may hereinafter be, adopted.

4.2.3. Forms for Filing - The Commission will, upon application, furnish proper forms to be used for the filing of tariffs and applications for changes in rates, fares, and charges.

4.3. Safety rules and regulations; exceptions.

4.3.1. Every motor carrier subject to die Commission's jurisdiction and every private commercial carrier subject to the Commission's safety jurisdiction shall, without regard to whether said carrier is engaged in intrastate or interstate commerce, establish, maintain, and operate said carriers' vehicles, equipment, and cargo in conformity with the safety rules and regulations promulgated by the U.S. Department of Transportation, Federal Highway Administration, Bureau of Motor Carrier Safety, published in Title 49 CFR parts 107, 171, 172, 173, 177, 178, 180, 325, 350, 382, 383, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, 397, 398, and 399 in effect on the effective date of those rules; and in Title 40 CFR part 262 in effect on the effective date of these rules. Copies of said rules and regulations may be obtained from die Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

4.3.2. Every commercial vehicle that is operated by any carrier on the public highways of West Virginia, whether engaged in interstate or intrastate commerce, shall be operated in full compliance with the safety rules and regulations listed in the first paragraph of Rule 4.3.

4.3.3. Every motor vehicle of any capacity that is operated in the for-hire transportation of passengers or property by any motor carrier on the public highways of West Virginia, whether engaged in interstate or intrastate commerce, shall be operated in full compliance with die safety rules and regulations listed in Rule 4.3.1.

4.3.4. Notwithstanding the provisions of Title 49 CFR part 387, die provisions of Rule 3.1, rather than of Title 49 CFR part 387, shall govern die filings and limits of insurance or other financial responsibility that relate to die intrastate for-hire transportation of passengers upon the public highways of West Virginia and the intrastate for-hire transportation of nonhazardous property upon the public highways of West Virginia. Provided, however, that die provisions of Title 49 CFR part 387 shall govern the limits of insurance or other financial responsibility that relate to die intrastate and interstate transportation of hazardous property upon the public highways of West Virginia and the interstate transportation of passengers and nonhazardous property upon the public highways of West Virginia to die extent that such transportation is subject to financial responsibility and insurance regulation.

4.3.5. For the purposes of 49 CFR 395.1, which relates to hours of service of drivers, the planting and harvesting season in West Virginia runs from the first day of January through die thirty-first day of December of each calendar year, unless and until the West Virginia Legislature designates a different period for the planting and harvesting season in West Virginia.

4.4. Record maintenance and retention.

4.4.1. Every motor carrier shall maintain and retain adequate records to enable the Commission to ascertain the revenues received by, and the expenditures made by, that carrier with respect to activities over which the Commission has rate jurisdiction. Every motor carrier should also maintain and retain adequate records to enable the Commission to ascertain die revenues received by, and the expenditures made by, that carrier with respect to transportation activities over which the Commission may not have rate jurisdiction. Each current or former motor carrier shall retain the records for a period of at least thirty-six (36) months.

4.4.2. Furthermore, all current and former motor carriers shall retain all federal and state income tax forms and related schedules for at least five (5) years after the conclusion of the tax period to which those forms and schedules relate. In addition, current motor carriers must retain indefinitely any papers relating to die initial articles of incorporation or organization, and amendments thereto, and adequate documentation relating to the acquisition and depreciation of existing assets.

4.4.3. The failure by a motor carrier to maintain and retain adequate records may lead to the Commission's dismissal or denial, in whole or in part, of a request by that motor carrier to increase its rates.

4.4.4. The provisions of Rule 4.4. do not apply to motor carriers insofar as they are exempt carriers.

4.5. Applications, documents, and other papers; facsimile filings; electronic filings.

4.5.1. Applications, documents, and other papers shall be filed with the Commission upon the forms prescribed by Rule 10 of this series, except that the Commission may accept such other forms of applications, documents, or papers, as the Commission may deem proper, if such applications, documents, or other papers contains the same information required by the prescribed forms. Each such application, document, or paper shall be accompanied by the applicable filing fee required under Rule 4.6. If no filing fee is indicated in said rule for the filing of a specific category of application, document, or paper, die filing may be made free of charge.

4.5.2. For the convenience of an applicant or carrier who prefers not to pay by cash, check, or money order, the Commission may, by general order, establish a surcharge to defray the estimated extra costs of accommodating the particular payment preferences of that applicant or carrier.

4.5.3. The Commission may, by general order, authorize facsimile filings and electronic filings.

4.6. Filing fees.

4.6.1. Application for a certificate of convenience and necessity or for a contract-carrier permit or for the amendment of a certificate or the amendment of a permit: $100.00

4.6.2. Application for the transfer of a certificate or a permit or for the transfer of several certificates and/or permits from the same transferor or to the same transferee: $75.00

4.6.3. Application for the merger of two (2) or more corporations or limited liability companies holding separate certificates or permits or of a corporation and a limited liability company holding separate certificates and permits: $100.00

4.6.4. Application for the acquisition of control of a corporation or limited liability company through acquisition of at least 50% of its stock or membership interest: $100.00

4.6.5. Annual insurance registration application: $25.00

4.7. Publication of notice of hearings, of applications, or of petitions. - Notice of a hearing, of an application, or of a petition must be published in accordance with the applicable publication order. Each affidavit of publication of notice of a hearing must be filed with the Commission on or before the day of hearing unless die Commission or Administrative Law Judge specifies a different date. Each affidavit of publication of notice of an application or of a petition must be filed in accordance with the publication order.

4.8. Violation of laws as basis for suspension or revocation of operating authority. - The violation by a motor carrier, or its officer or agent, of any law contained in Chapters 17, 17A, 17B, 17C, 17D, 17E, 24, or 24A of die W. Va. Code, or of any state or federal environmental, health, or income-tax statute or regulation, may, pursuant to die provisions of §24A-2-5(d) and §24A-3-3(d), either as admitted by the motor carrier or as provided in a criminal proceeding, or as admitted by die motor carrier or as proved in a Commission proceeding by a preponderance of the evidence, be sufficient cause for die suspension and/or revocation of the authority of any motor carrier operating under the jurisdiction of the Commission.

4.9. Issuance and transfer of uniform vehicle identification cards with respect to motor vehicles held by same carrier.

4.9.1. Uniform vehicle identification cards shall be issued only in the name under which die authority held by an authorized wrecker company, or the certificate or permit held by a motor carrier, as the case may be, is held.

4.9.2. The transfer of uniform vehicle identification cards shall be authorized, subject to the following rules, restrictions, and limitations: A fee of one dollar ($1.00) will be charged and collected for the transfer of each uniform vehicle identification card, provided that the old card is returned to this Commission at the time of the transfer. If die old card is not returned a new uniform vehicle identification card must be purchased for die new vehicle at an issuance fee of three dollars ($3.00). Transfers will be permitted only from one motor vehicle to another motor vehicle owned by the same authorized motor carrier. A uniform vehicle identification card issued for a motor vehicle that has been replaced by a motor carrier may be used on die replacement equipment for a period of not more than ten (10) days before a proper transfer is made by die Commission upon application of the carrier.

4.10. Acquisition and surrender of uniform vehicle identification cards by carriers in cases involving the transfer of certificates or permits.

4.10.1. The approved transferees of one (1) or more certificates of convenience and necessity and/or contract-carrier permits shall acquire new uniform vehicle identification cards and pay the special annual assessments prescribed by law within a reasonable time following the issuance of the Commission order approving die transfer of the certificates and/or permits.

4.10.2. A motor carrier that has been authorized to transfer one (1) or more certificates of convenience and necessity and/or contract-carrier permits shall, within a reasonable time following the issuance of the Commission order approving the transfer of die certificates and/or permits, surrender to the Commission all uniform vehicle identification cards of the motor vehicles that it will cease operating if and when the transfer is consummated.

4.11. Requirement that motor carrier use name or authorized trade name; compliance with applicable statutes relating to trade names; exceptions.

4.11.1. No motor carrier shall use any trade name unless that name has been authorized for such carrier's use by order of the Commission.

4.11.2. No motor carrier shall apply for, or receive authorization from the Commission to use, a trade name that is the same as, or is deceptively similar to, a name or trade name under which the Commission has already authorized another motor carrier to operate, unless the latter carrier has already ceased motor-carrier operations under that name or trade name.

4.11.3. Before requesting authorization from the Commission to use a trade name or assumed name, every individual, sole proprietorship, or general partnership that holds or seeks authority from the Commission to operate as a motor carrier must first comply with the provisions of W. Va. Code §47-8-2 and must file a form with the Secretary of State's office.

4.11.4. Before requesting authorization from the Commission to use a trade name or assumed name, every business entity organized as a corporation, limited partnership, limited liability partnership, limited liability company, business trust, or voluntary association that holds or seeks authority from the Commission to operate as a motor carrier must first comply with die provisions of W. Va. Code §47-8-4 and must file a certificate of true name in die office of die West Virginia Secretary of State.

4.11.5. The provisions of Rule 4.11.4. do not apply to motor carriers insofar as they are exempt carriers.

4.12. Requirement that motor carrier display name or trade name and certificate and/or permit number(s); additional requirement for taxicabs, limousines, and wrecker vehicles; exceptions.

4.12.1. Every motor carrier other than an exempt carrier shall display its authorized trade name (or where no such trade name is authorized, die name in which authority is held) and (except as to wrecker vehicles) at least one of its certificate or permit numbers on each side of each motor vehicle that the motor carrier operates under its operating authority excluding, however, any luxury vehicle that the carrier operates as a limousine. The letters of the carrier's authorized trade name or name in which authority is held shall be not less than three (3) inches in height. Temporary placards may be used for leased equipment subject to this series.

4.12.2. Every common carrier by motor vehicle in die transportation of passengers in taxicab service or limousine service shall, on each side of every operating taxicab or limousine - other than a luxury vehicle that is operated in limousine service - display die carrier's name or trade name and the location of its principal place of business, in lettering that is at least three (3) inches in height.

4.12.3. Every common carrier by motor vehicle in the transportation of passengers in taxicab or limousine service shall conspicuously display its rates on the right side of every operating taxicab or limousine - other than a luxury vehicle that is operated in limousine service. Each carrier operating under a Commission-approved taxicab-zone-rate structure shall, in each of its vehicles, also display a map, clearly visible to occupants in the rear of die taxicab, showing the territory served, the various zones, and the applicable fares.

4.12.4. Every wrecker company shall also conspicuously display, on each cab door of every wrecker vehicle that it operates, die wrecker company's name or trade name and the location of its principal place of business, in lettering that is at least three (3) inches in height.

4.13. Requirement that motor carriers and private commercial carriers operating in West Virginia obtain and display on their vehicles a United States Department of Transportation identification number; application forms; additional information to be displayed.

4.13.1. Every motor carrier and every private commercial carrier shall, where applicable, obtain and, while operating in intrastate or interstate commerce in West Virginia, shall conspicuously display on each (a) motor vehicle operated for hire; (b) motor vehicle, operated for any commercial purpose with a gross vehicle rating of ten thousand one (10,001) pounds or more; (c) motor vehicle, operated for any commercial purpose, designed to transport more than fifteen (15) passengers, including the driver; and (d) motor vehicle used to transport hazardous materials in a quantity requiring placarding under federal hazardous material regulations, as adopted by the Commission - on the outside of that vehicle, an identification number issued by the United States Department of Transportation or Commission. This requirement is not applicable to companies that do not own or operate any motor vehicles over which the United States Department of Transportation has safety jurisdiction.

4.13.2. The Commission Staff will maintain application forms to enable carriers to apply for United States Department of Transportation identification numbers.

4.13.3. In addition to displaying the identification number issued by the United States Department of Transportation on each of its commercial motor vehicles, a carrier that owns or operates such vehicles shall also display on them any other identifying information or markings required by 49 CFR §390.21.

4.14. Resident intrastate motor carriers that also hold federal operating authority. - Every motor carrier, resident or domiciled in West Virginia, operating both interstate, under authority granted to it by the appropriate federal agency, and intrastate, under authority granted to it by the Commission, shall pay an amount equal to that proportion of the special assessment fee (provided in subsections (b) (c) and (d) of W. Va. Code §24A-6-6 for that particular capacity of vehicle) that the gross operating revenue derived from each such carrier's intrastate operation in West Virginia bears to the gross operating revenue derived from all its operations, both intrastate and interstate, in West Virginia.

4.15. Interruption of service; exceptions. - In any case of interruption of the regular service by any motor carrier of passengers in which the interruption is likely to continue for more than forty-eight (48) hours, die motor carrier shall file written notice, within forty-eight (48) hours after the commencement of said interruption, in the office of the Commission's Executive Secretary of the character, cause, and probable duration of that interruption of service. This requirement does not apply to motor carriers insofar as they are exempt carriers.

4.16. Suspension of certificates and permits because of motor carrier's failure to apply for and obtain Uniform Vehicle Identification Card and to pay special assessment.

4.16.1. Pursuant to the requirements imposed upon motor carriers by W. Va. Code §§24A-6-4 and 24A-6-6, every motor carrier shall, by July 1st of each year, have applied for and have obtained at least one (1) uniform vehicle identification card using MC Form No. 1 or MC Form No. 3 attached to these rules and have paid the special annual assessment using MC Form No. 4 attached to these rules imposed upon said motor carrier, for the fiscal year commencing on said July 1st.

4.16.2. If, by August 1st of the fiscal year, a motor carrier has not yet applied for and obtained at least one (1) uniform vehicle identification card or has failed to pay the special annual assessment imposed upon the carrier, the Commission, through its Staff, shall notify the carrier, in writing, that all of its certificates and permits will be automatically suspended on October 1st of the fiscal year if the carrier, by said date, either has failed to apply for and to obtain at least one (1) uniform vehicle identification card or has failed to pay the special annual assessment.

4.16.3. Every certificate and every permit shall automatically be suspended, effective October 1st of each year, until further order of the Commission, and all operations under said certificate or permit shall automatically be suspended, if the holder of the certificate or permit, by that date, either has failed to apply for and to obtain at least one (1) uniform vehicle identification card, or has failed to pay the special annual assessment for the fiscal year in which the date falls.

4.16.4. By October 8th of the fiscal year, the Commission shall send a letter by certified mail to every motor carrier holding a certificate or permit which, according to Commission records, was suspended automatically on October 1st pursuant to this Rule. The letter shall inform the carrier that its operations have, in fact, been suspended and that it may have its suspension lifted, expeditiously, if it tenders proper payment for the special annual assessments) and applies for and obtains uniform vehicle identification card(s) prior to November 1st of said fiscal year. The Commission may expeditiously lift the suspension of each carrier that complies with the requirements set forth in the letter.

4.16.5. If the motor carrier fails, by November 1st of the fiscal year, to tender proper payment for the applicable annual assessment(s) or fails by that date to obtain uniform vehicle identification cards, the Commission may, on its own motion, commence proceedings to revoke all operating authority held by the carrier.

4.16.6. All letters and documents relevant to motor carriers who were suspended on October 1 of a fiscal year in accordance with Rule 4.16.3. shall be maintained in the office of the Executive Secretary of the Commission. Such records shall include copies of all warning letters, notice of the actual suspension, all subsequent correspondence with the motor carrier or its representatives, and any other relevant documents, properly stamped and dated upon receipt.

4.16.7. The provisions of Rule 4.16. do not apply to authorized wrecker companies or to motor carriers insofar as they are exempt carriers.

4.17. Prohibition of unauthorized operations and unauthorized charges, tips, and gratuities by common and contract carriers; penalties and sanctions.

4.17.1. No common carrier by motor vehicle, except an emergency substitute carrier, in the transportation of passengers or solid waste may operate on the public highways of West Virginia without first having obtained a certificate of convenience and necessity from the Commission.

4.17.2. No common carrier by motor vehicle, except an emergency substitute carrier, in the transportation of passengers or solid waste may operate on the public highways of West Virginia outside the territory set forth in its certificate(s).

4.17.3. No contract carrier by motor vehicle, except an emergency substitute carrier, in the transportation of passengers or solid waste may operate on the public highways of West Virginia without first having obtained a permit from the Commission.

4.17.4. No contract carrier by motor vehicle, except an emergency substitute carrier, in the transportation of passengers or solid waste may operate outside of the territory set forth in its permit(s).

4.17.5. No wrecker company may operate for hire over the public highways of West Virginia without first having obtained a letter of authorization to do so from the Commission's Transportation Division.

4.17.6. No motor carrier in the transportation of passengers or solid waste and no wrecker company, as to a third-party tow, may charge, demand, collect, or receive a greater or less or different remuneration for the transportation of passengers or property, or for any service in connection therewith, than the rates, fares, and charges which have been legally established and filed with the Commission; nor may any such motor carrier or wrecker company refund, remit, discount, or rebate in any manner or by any device any portion of the rates, fares, and charges required to be collected by the tariffs on file with or ordered by the Commission. The Commission shall establish rates and charges for emergency substitute carriers upon appointment of an emergency substitute carrier.

4.17.7. Any common carrier or contract carrier by motor vehicle, except an emergency substitute carrier, in the transportation of passengers or solid waste that operates motor vehicles for hire over the public highways of West Virginia without first having obtained either a certificate of convenience and necessity or a contract carrier permit, as the case may be, from the Commission, shall be subject to criminal penalties, as well as to administrative sanctions imposed by the Commission, pursuant to Chapter 24 and 24A of die W. Va. Code.

4.17.8. No common carrier by motor vehicle, no contract carrier by motor vehicle, and no officer, employee, or agent thereof, may request, suggest, or solicit die payment of a tip or gratuity for services performed pursuant to a certificate or permit held by that carrier.

4.17.9. The operator of a motor vehicle transporting passengers or property under the authority of a certificate or permit may accept or receive a tip or gratuity offered voluntarily without violating its tariff on file with die Commission.

4.17.10. No motor carrier, and no operator of a motor vehicle operated under the authority of a certificate or permit held by that carrier, may discriminate for or against a member of the public on die basis of a payment, or nonpayment, of a tip or gratuity to an employee or agent of that carrier.

4.17.11. No motor carrier may include in its billing or invoice a tip or gratuity.

4.17.12. A common carrier or contract carrier by motor vehicle may prohibit its employees and agents from receiving or accepting any tip or gratuity for services performed under die authority held by that carrier and may also inform its customers that its employees and agents are prohibited from receiving any tip or gratuity for services performed under die authority held by that carrier.

4.17.13. The provisions of Rule 4.17. do not apply to motor carriers insofar as they are exempt carriers.

4.18. Parties to committing a violation of motor carrier law. - No person shall commit, attempt to commit, conspire to commit, or knowingly aid or abet in the commission of, any act which is prohibited by W. Va. Code Chapter 24A or by the rules set forth in this series.

4.19. Acquisition of control of incorporated motor carriers; issuance of stock by incorporated motor carriers; acquisition of control of limited liability companies that are motor carriers; exceptions.

4.19.1. No person shall, before obtaining die Commission's consent and approval to do so, acquire, either directly or indirectly, effective control of any common carrier by motor vehicle or contract carrier by motor vehicle organized in and doing business in West Virginia.

4.19.2. No motor carrier, shall issue stocks and stock certificates, or other evidence of interest or ownership unless, in addition to other requirements of law, the carrier shall first have secured from die Commission an order authorizing the issue, stating the amount thereof and the purposes to which die issue or the proceeds thereof arc to be applied, and stating that, in the opinion of the Commission, die issue is reasonably required for the purposes specified in the order: Provided that the issuance of stocks and stock certificates or other evidence of interest or ownership by an entity which devotes one (1) or more of its divisions to the provision of a public service set forth in W. Va. Code §24-2-1 shall be exempted from the requirements hereof when the gross revenues generated by all such divisions represent less than twenty-five percent (25%) of the gross revenues generated by the entity.

4.19.3. The provisions of Rule 4.19. do not apply to an individual who is acquiring control of a wrecker company that does not perform third-party tows.

4.19.4. Any individual or other person that has, after July 1, 2003, acquired control of a wrecker company - through the acquisition of greater than fifty percent (50%) of its corporate stock, if the wrecker company is a corporation organized and doing business in West Virginia, or through the acquisition of greater than fifty percent (50%) of its membership interest, if the wrecker company is a limited liability company organized and doing business in West Virginia - shall, within thirty (30) days after the acquisition of control, file a letter with the office of the Executive Secretary of the Commission, explaining the specifics of that acquisition. The letter shall set forth the name of, address of, and telephone number of, and percentage of ownership interest held by, each former and present holder of greater than ten percent (10%) of the stock or membership interest, as the case may be.

4.20. Transfer of certificates and permits and consummation thereof.

4.20.1. If the motor carrier to which a certificate of convenience and necessity will be transferred already possesses one or more certificates of convenience and necessity for the same commodity, the Commission shall make a decision on the requested transfer within ninety (90) days of filing provided the application submitted is complete. If the Commission determines that the filing is incomplete, the Commission shall inform the applicant within ten (10) days of filing that the filing is incomplete and shall state the information that needs to be submitted.

4.20.2. Within a reasonable period of time after the date of a Commission order approving the transfer of a certificate or permit, the certificate or permit holder shall inform die Commission in writing as to whether said transfer has, in fact, been consummated, and, if so, the date upon which it was consummated.

4.20.3. If, within a reasonable period of time after the date of the order, the proposed transferor and die proposed transferee notify die Commission that they have not consummated the transfer, or if, by the end of die period, at least one of the parties fails to notify die Commission, in writing, as to whether the transfer has been consummated, die Commission shall enter such further orders in the case as die Commission may deem appropriate.

4.21. Descriptions of operating authority in applications and orders.

4.21.1. Every application for a certificate or permit which is filed with the Commission shall contain an unambiguous description of die total territory within which, or the total route along which, the holder of said certificate or permit proposes to operate.

4.21.2. Every certificate or permit shall have the operating authority set forth therein described either in terms of territory or in terms of routes, but not both.

4.21.3. With die exceptions of present or past municipal boundaries, every component of the description of a route or territory in a certificate or permit which is being issued, transferred, or amended must be readily ascertainable by reference to the applicable county road maps most recently issued by the West Virginia Division of Highways. Every highway route listed in a certificate or permit shall conform, in an unambiguous fashion, to the latest designation by the West Virginia Division of Highways.

4.21.4. No reference to unincorporated communities shall be made in certificates or permits issued by the Commission.

4.21.5. Every application involving die issuance, transfer, or amendment of a certificate or permit, which application describes operating authority in terms of routes (rather than in terms of territory), shall be accompanied by copies of the most recent county road maps (or portions thereof) issued by the West Virginia Division of Highways applicable to said routes, with said routes visibly marked on said maps.

4.21.6. If an application for a certificate or permit or an application for the Commission's approval of the transfer of a certificate or permit or an application for the amendment of a certificate or permit docs not conform to the requirements set forth in this rule, said application shall not be processed unless and until it is amended to comply with this rule.

4.22. Rates, fares, and charges by common carriers and contract carriers by motor vehicle.

4.22.1. Every common carrier by motor vehicle and every contract carrier by motor vehicle shall file tariffs reflecting the rates, fares, and charges approved by the Commission for said carriers.

4.22.2. No contract carrier by motor vehicle shall collect from a customer, rates, fares, or charges which are less than the lowest rates, fares, or charges approved or permitted by the Commission for common carriers by motor vehicle providing substantially the same service along any route on which, or within any part of the territory in which (as die case may be), said contract carrier by motor vehicle is authorized to operate.

4.23. Mandatory transfer of certificate or permit after death of holder(s). - Within three (3) years after die death of one (1) or more holders of a certificate or permit, the personal representative of each such holder shall either apply to the Commission for the approval of the transfer of said certificate or permit or apply to the Commission for die approval of the discontinuance of operations under said certificate or permit. Provided, however, that this rule shall not apply to a certificate or permit held by joint tenants until all joint tenants have died.

4.24. Inspection and examination of land, buildings, equipment, records, and papers of motor carriers, and private commercial carriers. - Employees of the Commission arc authorized to enter upon, to inspect, and to examine any and all lands, buildings, and equipment of motor carriers and private commercial carriers and to inspect and copy any and all accounts, books, records, memoranda, correspondence, and other documents of such carriers. Every motor carrier and every private commercial carrier shall submit their accounts, books, records, memoranda, correspondence, and other documents for inspection and copying, and shall submit their lands, buildings, and equipment for examination and inspection, to any employee of the Commission upon the oral or written request of such employee.

4.25. Prohibition on use and possession of radar detectors in commercial vehicles; seizure; destruction of radar detectors as contraband.

4.25.1. No person may, while operating a commercial motor vehicle on the public highways of West Virginia, use a radar detector.

4.25.2. No person may, while operating a commercial vehicle on the public highways of West Virginia possess a radar detector. Provided, however, that this prohibition docs not apply to a radar detector that is (a) transported outside the driver's compartment of the commercial vehicle and (b) is completely inaccessible to, inoperable by, and imperceptible to the driver while he or she is operating the commercial motor vehicle. For the purpose of this provision, the driver's compartment of a passengercarrying commercial motor vehicle shall include all space designed to accommodate the driver and/or the passengers.

4.25.3. Enforcement officers of the Commission may seize, as evidence and/or contraband, any radar detector that is used or possessed in violation of Rule 4.25.

4.25.4. Upon order of the Commission, after notice has been given to the operator of, owner of, and, where applicable, the lessee of, a motor vehicle in which a radar detector was used or possessed in violation of Rule 4.25.1., the radar detector may be destroyed as contraband.

4.26. Requirement that motor carriers inform customers of regulatory jurisdiction of Commission. - Every bill or invoice issued by, or on behalf of, a motor carrier of passengers in limousine service or taxicab service, or by, or on behalf of, a motor carrier of solid waste, must include the following words in bold capital letters;

"The rates and practices of this motor carrier are regulated by the Public Service Commission of West Virginia. If you feel that you have been overcharged or treated unfairly, you may call 1-800-642-8544 to obtain information about filing a complaint."

W. Va. Code R. § 150-9-4