W. Va. Code R. § 150-23-2

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

Section 150-23-2 - Definitions

2.1. "Alliance" means the working group of state, local, industry and environmental officials established by the Secretary, U.S. Department of Transportation that developed recommendations for the uniform procedures and forms that would be included in the federal regulations.

2.2. "Base State" means the state in which a motor carrier must obtain a registra-tion and/or permit.

2.3. "Base State Agreement" means the agreement among participating jurisdictions electing to register or to permit motor carriers and/or shippers of hazardous materials.

2.4. "Commission" means the West Virginia Public Service Commission.

2.5. "Consumer Complaints" means alleged motor carrier violations made by the public which may trigger an investigation of a motor carrier.

2.6. "Cross-matching of Data" means comparison of available data from two or more independent sources (e.g. Motor Carrier Safety Assistance Program inspections and hazardous material motor carrier registrations).

2.7. "Desk Audit" means review of a company's records sent by the company to the Commission generally triggered by a suspected compliance violation.

2.8. "Hazardous Materials" means:

2.8.1. hazardous materials of a type and amount that requires the transport vehicle to be placarded pursuant to 49 C.F.R. 172;

2.8.2. "hazardous substances" and/or "marine pollutants" when transported in bulk packaging as defined in 49 C.F.R. 171.8; or

2.8.3. hazardous waste of a type and amount that requires the shipment to be accompanied by a Uniform Hazardous Waste Manifest contained in 40 C.F.R. 262, including "state designated hazardous wastes." State designated hazardous wastes are addi-tional hazardous wastes that have been officially determined by states that have been authorized by the United States Environmental Protection Agency to manage Resource Conservation Recovery Act (RCRA) programs within their respective states.

2.9. "Inspection" means physical examination and certification of specific vehicles, tanks, containers, cargo, and/or drivers.

2.10. "Motor Carrier" means a person that owns or operates one or more motor vehicles that transport hazardous materials.

2.11. "On-Site Audit" means an on-site examination of a company's records to verify information on which a permit is based, and to determine compliance with the state uniform program requirements.

2.12. "On-Site Review" means an on-site examination of a carrier's or shipper's operation, including physical inspections and review of the company's operating systems.

2.13. "Participating State" means a state or a political subdivision that has elected to participate in the uniform program and has ratified this election by becoming a signatory to the base state agreement.

2.14. "Person" means all entities including, but not limited to, natural persons, sole proprietorships, corporations, partnerships, and federal, state and local government agencies.

2.15. "Principal Place of Business" means the state in which a motor carrier maintains its central records relating to the Transportation of hazardous materials; or the state in which the motor carriers has the plurality of its mileage.

2.16. "Registration Year" means a period of 12 consecutive months, beginning on July 1 of a particular year and ending on June 30 of the following year during which a registration issued pursuant to the uniform program remains valid.

2.17. "Reports" means periodic reports that describe the motor carrier's activities.

2.18. "Roadside Inspections" means inspection of vehicles and drivers while en-route, primarily at weigh stations and ports of entry.

2.19. "Shipper" means a person that causes hazardous materials to be transported.

2.20. "Spot Checks" means inspection of vehicles and drivers by law enforcement officers based on probable cause or statutory authority.

2.21. "State" means one of the 50 states or the District of Columbia.

2.22. "Subcontractor" means a person or entity with whom a transporter of hazardous materials contracts to perform a service related to the transport of hazardous materials.

2.23. "Terminal" means a facility owned, leased or operated by the applicant where:

2.23.1. the applicant's motor vehicles used to carry hazardous materials are loaded, unloaded or dispatched incidental to transportation;

2.23.2. the applicant's motor vehicles used to carry hazardous materials are cleaned, maintained and inspected;

2.23.3. the applicant's motor vehicles used to carry hazardous materials are fueled or repowered;

2.23.4. the applicant stores hazardous materials incidental to transportation; or

2.23.5. the applicant maintains records concerning vehicle maintenance files, and hours-of-service records related to the Transportation of hazardous materials.

2.24. "Uniform Application" means the uniform motor carrier registration and permit application form established under the uniform program.

2.25. "Uniform program" means the program developed by the Alliance for the uniform state registration and permitting of hazardous materials transportation.

W. Va. Code R. § 150-23-2