Current through Register Vol. XLI, No. 38, September 20, 2024
Section 150-9-5 - Rules and Regulations Applicable to Motor Carriers Transporting Passengers5.1. Transportation of property by motor carriers of passengers. 5.1.1. A motor carrier authorized to transport passengers may also transport property if the transportation of property is performed in a safe and lawful manner.5.1.2. Passenger-carrying vans regulated by the Commission must be equipped with a device to secure any item that could become a projectile, including but not limited to carry-on luggage, tools, tires, jacks or like items.5.2. Safety and sanitation in vehicles in which passengers are transported. - All motor vehicles in which passengers are being transported in intrastate common or contract carriage in West Virginia shall be maintained in a safe, clean, and sanitary condition at all times.5.3. Use of taxicab by several different passengers at the same time. 5.3.1. When an individual or individuals engage a taxicab for transportation under the rates fixed by approved tariffs the driver shall not transport any other individual, or individuals, in such taxicab unless, before the trip is started, the driver of such taxicab obtains the consent of the original passenger, or passengers, to pick up additional passengers on the trip. In the event permission is not obtained before the trip is started, the driver shall not seek permission in the course of the trip, and will not pick up additional persons. Service shall not be denied to the original passenger because of the refusal of that individual to grant such permission.5.3.2. If several individuals who have boarded a taxicab at one location choose to be transported to a single common destination, the driver of the taxicab shall charge them at rates fixed by the applicable tariff as if they are all members of the same party unless they are unwilling to agree on how to apportion the fare among themselves. If they are unable to agree on how to apportion the fare, the taxicab driver shall still charge the same total fare as if they arc all members of the same party but shall apportion the fare equally among those individuals.5.3.3. If several individuals who have boarded a taxicab at one location choose to be transported to different destinations, the driver shall, for each separate destination, charge the individual or individuals leaving the taxicab at that destination as if that individual or those individuals were the only passenger or passengers in the taxicab.5.4. Taxicab stopovers. - When two (2) or more passengers, not members of the same party, are being transported in taxicab service the driver shall not make a stopover for the purpose of permitting any passenger, or passengers, to leave and return to the cab until any other passenger, or passengers, have been delivered to their destination. This provision may be waived upon the consent of the affected passengers.5.5. Service by taxicabs in entire operating territory. 5.5.1. A driver shall not deny taxi service because an individual desires transportation in a direction or to a destination other than that in which, or to which, the taxicab driver desires to operate. This prohibition does not apply to a proposed trip that a common carrier by motor vehicle in the transportation of passengers in taxicab service lacks operating authority to make.5.5.2. A common carrier by motor vehicle in the transportation of passengers in taxicab or limousine service shall not direct or permit any taxicab driver or limousine driver to limit transportation of passengers from any specific area of origination to any specific destination or territory other than the complete territory authorized under that carrier's certificate(s).5.5.3. For trips in which the destination is estimated to be more than ten (10) road miles from the point of origination, the driver of a taxicab may, prior to commencing die trip, require that die passenger or passengers advance the driver up to one half of the total estimated charge for that trip.5.6. Unauthorized persons within taxicabs. - No individual other than the driver shall be allowed within any taxicab unless that other individual is a fare-paying passenger actually being transported, except when die training or supervision of a driver is authorized by die certificate holder.5.7. Responsibility for servicing and maintenance. - The holder of a certificate authorizing operation in taxicab service shall be responsible for die servicing and maintenance of each vehicle operated under such certificate and shall not delegate that responsibility to a driver, except as provided in Rule 5.8. and P.S.C. W. Va. M.C. Form No. 55. Nor shall any driver be required to pay for such servicing or maintenance, except as provided in Rule 5.8. and P.S.C. W. VA. M.C. Form No. 55.5.8. Taxicab leasing; leased equipment.5.8.1. No certificate holder shall lease or rent a motor vehicle to the driver thereof for use as a taxicab except as provided by P.S.C. M.C. Form No. 55.5.8.2. The holder of a certificate authorizing operation in taxicab service may lease from another person (the lessor) any or all equipment necessary or convenient for operations under said certificate. The lessor of such equipment shall not be directly or indirectly involved in the operation of said equipment, which shall remain under the exclusive direction and control of the certificate holder (lessee) for the duration of the lease.5.9. Inspection facilities. - Every motor carrier authorized to transport passengers shall provide sufficient facilities and assistance to Commission personnel for the purpose of conducting vehicle safety inspections. Such facilities shall include the use of a lift and floor jack.5.10. Twenty-four (24) hour service. -- A common carrier by motor vehicle of passengers in taxicab service shall provide service to the public twenty-four (24) hours per day, seven (7) days per week.5.11. Taxicab metering. - Every common carrier by motor vehicle of passengers in taxicab service shall be required to equip each motor vehicle operated by it for the transportation of passengers in taxicab service with a taximeter which shall be used for computation of taxicab fares according to the carrier's authorized tariff.5.12. Taxicab and limousine inspection. - Every vehicle registered by a motor carrier of passengers by taxicab or limousine shall, prior to die vehicle's registration with die Commission, be inspected for compliance with the Commission's safety rules and regulations. The vehicle shall not be registered until it is in compliance with said rules and regulations.5.13. Requirement that limousines and taxicabs have working seatbelts for driver and all passengers. Every limousine and every taxicab must have working seatbelts for the driver and for all other individuals transported in the limousine or taxicab.5.14. Requirement that common carriers by motor vehicle operate motor vehicles as buses, limousines, or taxicabs.5.14.1. Any applicant for common carrier authority to transport passengers must, in a single application, apply to do one of three (3) things: (1) transport passengers in bus service,(2) transport passengers in limousine service, or(3) transport passengers in taxicab service.5.14.2. If a certificate authorizing a common carrier by motor vehicle to transport passengers docs not indicate a specific type of service (bus, limousine, or taxicab), that certificate shall authorize its holder to transport passengers in limousine service and the holder of that certificate must comply with the rules in this series that apply to limousine service.