W. Va. Code R. § 150-22-3

Current through Register Vol. XLI, No. 38, September 20, 2024
Section 150-22-3 - Implementation
3.1. Affected carriers.

All motor carriers authorized by the ICC to engage in the transportation of passengers or property as common or contract carriers, whose principal place of business is in West Virginia, shall register with the Commission for all states of travel.

3.2. Affected vehicles.

All vehicles operated under an ICC authorized motor carrier's interstate operations (whether owned or leased) shall be registered in the motor carrier's name in accordance with these procedures.

3.3. Temporary and emergency temporary authority.

Motor carriers receiving emergency temporary authority (ETA) or temporary authority (TA) from the ICC for a duration of 120 days or less are required to comply with all the requirements of these procedures except the filing of evidence of authority granted by the ICC. After 120 days, the motor carrier must be in compliance with all of the procedures established herein or subject the registration to revocation as set forth in section 9.00 et seq.

3.4. Registration before operation.

The motor carrier must register with the Commission before it commences operating. The forms attached to these procedures must be completed by the registrant in the manner described herein.

3.5. Registration year.

The registration year will be a calendar year.

3.6. Fee proration.

Fees collected under this system will not be prorated for partial year operations.

3.7. Authority changes.

Any changes to the authority granted by the ICC after the initial registration in the registration state will be filed with the Commission. The Commission may waive the filing of any authority granted by the ICC if that grant of authority certificate or permit is longer than 20 pages in length. When the waiver is granted in writing, the motor carrier shall provide a copy of the portion of the ICC order which shows the service date and order section and shall prepare and file a synopsis of the authority granted within the body of the order.

3.8. Cancellations of registration.

A registrant may request in writing that its registration be cancelled. The Commission will immediately cancel such registra-tion and give written notice of cancellation to the registrant. The notice of cancellation will show the effective date of cancellation and shall be mailed to the registrant requesting such cancellation. The Commission shall transmit information concerning the motor carrier's full name, business address, MC number and DOT number for each carrier requesting cancellation of registration to all affected jurisdictions participating in the program when the next monthly fee accounting transmittal is required to be submitted to each registration state. No fees shall be refunded.

3.9. Registration state changes.

A motor carrier may not change its registration state unless it changes its principal place of business or its registration state ceases or commences participation in the program.

3.10. Principal place of business.

For the purpose of this program, the carrier's principal place of business for registration selection will be the business address the motor carrier indicated on the order issued by the ICC or as otherwise noticed to the ICC pursuant to an address change.

3.11. Principal place of business change.

When a registrant changes its principal place of business to another state participating in this program before the annual registration period of August 1 to November 30, the registrant may move its registration to the new registration state at the next registration period or retain registration in the current registra-tion state for no more than one additional year.

3.12. Notification of changes.

When a registrant changes its principal place of business to another participating state, the registrant shall notify the new registration state and the current registration state within 30 days after it has made its selection.

3.13. Refiling requirements.

When a registrant changes its principal place of business and selects a new registration state, the motor carrier shall refile in the new registration state the application, a copy of its inter-state operating authority and a copy of the designation of agent(s) for service of process. Proof of insurance must be filed in the new registration state showing the change of business address of the registrant.

3.14. Non-participating states.

When the registrant changes its principal place of business to a state that is not eligible to participate in this program, the registrant shall retain the current registration state designation for registration purposes and file notice of business address change along with a new insurance filing in its registration state.

3.15. Fee credits upon changes.

If a registrant changes its principal place of business during a registration period and that principal place of business change affects its reciprocity status to now afford it reciprocity from payment of fees, the registrant shall not be allowed any credit or refund of prior fees paid for that registration period. The new principal place of business shall be used by the current registra-tion state for determination of proper payment of future fees or waiving of those fees for any additional states of travel or additional equipment added.

3.16. Notice to insurer.

The motor carrier must give notice of its change in registration state to its insurer as soon as practicable.

W. Va. Code R. § 150-22-3