W. Va. Code R. § 150-23-6

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

Section 150-23-6 - Base State Selection

6.1. The base state for a motor carrier covered by this section shall be determined in the following manner:

6.1.1. If a motor carrier does not operate in a state that is a participating jurisdiction, this section does not apply and the motor carrier need not identify a base state for purposes of the uniform program.

6.1.2. If a motor carrier operates only in a state or states that are participating jurisdictions but require only a registra-tion, the motor carrier's base state shall be:

6.1.2.a. the state that is the motor carrier's principal place of business, if such state is a signatory to the base state agreement, or

6.1.2.b. if the state that is the motor carrier's principal place of business is not a signatory to the base state agreement, the state that is a signatory to the agreement in which the motor carrier records a plurality of total miles traveled.

6.2. If a motor carrier operates in one or more states that are participating jurisdictions and require a national permit, the motor carrier's base state shall be:

6.2.1. the state that is the motor carrier's principal place of business, if such a state is a participating jurisdiction and requires the national permit; or

6.2.2. if the state that is the motor carrier's principal place of business is not a signatory to the base state agreement or does not require the national permit, the state that is a signatory and requires the national permit in which the motor carrier records a plurality of the total miles traveled.

6.3. If a motor carrier operates in one or more states that are participating jurisdictions and that require the part III business disclosure for hazardous waste carriers, the motor carrier's base state shall be identified in the manner set forth above. If the base state does not require the part III business disclosure, such jurisdiction shall, for purposes of conducting the business disclosure investigation, subcontract with the jurisdiction that:

6.3.1. is a participating jurisdiction;

6.3.2. requires the part III business disclosure; and

6.3.3. is the participating jurisdiction in which the motor carrier records a plurality of total miles traveled.

6.4. A motor carrier may request that the Alliance Governing Board approve a participating jurisdiction as the base state other than that identified by the method set forth in this section, if, and only if, the following criteria are satisfied:

6.4.1. such request is not based on an attempt by the motor carrier to circumvent any requirement of this section or avoid enforce-ment of this section by its current base state or any other signatory to the agreement;

6.4.2. approval of the request will improve administration of this section; and

6.4.3. the Alliance Governing Board consults with the jurisdiction that would otherwise be the base state and such jurisdic-tion concurs with the motor carrier's request.

6.5. Once a base state has been identi-fied in accordance with the method in this subsec-tion, the jurisdiction identified as the base state shall accept all the responsibilities of a base state for such motor carrier.

W. Va. Code R. § 150-23-6