W. Va. Code R. § 150-22-9

Current through Register Vol. XLI, No. 38, September 20, 2024
Section 150-22-9 - Compliance
9.1. Suspension of registration.

Failure by the registrant to comply with these standards may result in suspension or revocation of the registration by the Commis-sion, or other appropriate administrative or criminal penalty as provided in Chapters 24 and 24A of the West Virginia Code.

On the effective date of cancellation of the proof of insurance or other items in non- compliance, the Commission shall notify the registrant in writing that its registration to operate in all states of travel pursuant to these standards is suspended. The suspension notice shall be mailed to the registrant and show the effective date of such suspension. The suspension notice maybe a letter, suspension order, show cause order or any other method of proper notice as determined by the Commis-sion. Notice of non-compliance with the filing of proof of insurance with the ICC may be obtained by the Commission by viewing the state bulletin board or other computer access established with reference to these procedures.

9.2. Reinstatement of registration.

When sufficient proof of insurance or other items of non- compliance is filed and in effect after a suspension of the registration, the Commission shall immediately reinstate the motor carrier's registration and notify the registrant that its registra-tion pursuant to these standards is restored. The reinstatement notice shall be mailed to the registrant and show the effective date of such reinstatement. The reinstatement notice may be a letter, reinstatement order or any other method of proper notice as determined by the Commission. Notice of compliance with the filing of proof of insurance with the ICC may be obtained by the Commis-sion by viewing the state bulletin board or other computer access established with reference to these procedures.

9.3. Revocation of registration.

The Commission shall revoke registration to operate in any state if the registrant has failed to comply with the insurance filing requirements one-hundred and thirty five (135) days from the effective date of a cancellation of insurance. Notice of revocation of registration shall be mailed to the registrant and show the effective date of such revocation.

9.4. Revocation notice to other states.

The Commission shall transmit information regarding revocation of the registration once a month with the monthly transmittal to any other affected jurisdictions participating in this program. The notice to other participating states shall include the full name and business address of the registrant, the registrant's MC Number, DOT number and the date of revocation.

9.5. Unlawful use of receipts.

The Commission shall revoke the registration of the motor carrier for unlawful use of the registration receipt.

9.6. Unlawful use defined.

Unlawful use shall include, but not be limited to, failure to pay sufficient fees for the number of motor vehicles operating under the registration receipt, allowing another motor carrier to use or purchase a registration receipt issued to the registrant, alteration of the receipt or failure to maintain a current listing of designation of process agent.

9.7. Temporary authority expiration.

The Commission shall revoke the registra-tion of a motor carrier whose registration of an ETA or TA has expired without permanent authority being granted by the ICC or the motor carrier has failed to file a copy of the permanent grant of authority with the Commission before the expiration date.

9.8. Reinstatement procedure.

If the registrant believes that the Commis-sion has revoked its registration without good cause, the registrant may petition the Commission for reinstatement. Such petition for reinstatement shall be acted upon in accordance with the administrative rules and procedures of the Commission.

9.9. Reapplication.

After a registration has been revoked or cancelled, a motor carrier wishing to operate pursuant to these standards must again apply for registration with the Commission. If the Commission has copies of its operating authority and the motor carrier indicates that no additional grants have been given by the ICC, the new filing of copies of its authority shall be waived. The motor carrier shall submit new proof of insurance. If the motor carrier has paid its annual per vehicle fee for the current calendar year, the Commission shall not require new fees to be paid.

9.10. Forwarding information.

If the motor carrier has paid its annual per vehicle fee for the current calendar year, the Commission shall forward the registration information to all affected participating states when the Commission forwards the next monthly transmittal.

9.11. Unlawful operation/penalties.

No person may operate, or cause to be operated, a motor vehicle in the transportation of passengers or property over the highways of this state, pursuant to authority issued by the ICC, without having first complied with the requirements of this program. Such unauthorized operations may subject such person or persons to criminal and administrative penalties set forth in Chapters 24 and 24A of the West Virginia Code, in addition to those penalties set forth in section 9.00 et seq.

W. Va. Code R. § 150-22-9