W. Va. Code R. § 150-27-2

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 150-27-2 - Definitions

2.1. A "coal resource transportation road" means a road designated by the department of transportation as safe and sufficient to allow vehicles hauling coal to carry a greater gross and axle weight of up to one hundred and twenty thousand pounds, with a five percent variance. Together these designated roads comprise the "coal resource transportation system".

2.2. "Coal" or "coal by-products" means the mineral in raw or clean state and includes synthetic fuel manufactured or produced for which credit is allowable under 26 U.S.C. § 29 of the Internal Revenue Code (1996). Ash, scrubber sludge and other residue of coal burning shall not be considered coal or coal by-products.

2.3. "Commercial motor vehicle" means, for the purpose of these rules, a motor vehicle, with a gross vehicle rating of ten thousand one pounds or more, used to transport coal on the public highways for commercial purposes.

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

2.5. "Division" means the Division of Highways within the Department of Transportation.

2.6. "Mining operation" means any activity related to extraction of coal regulated under the provisions of the West Virginia Code.

2.7. "Operator" means the person driving a commercial motor vehicle transporting coal on any public highway of this state.

2.8. "Person" means any individual, partnership, firm, society, association, trust, corporation, other business entity or any agency, unit or instrumentality of federal, state or local government.

2.9. "Receiver" means the person who accepts for unloading coal from any commercial motor vehicle that has operated on any public highway in this state.

2.10. "Shipper" means the person who loads coal or causes coal to be loaded into any commercial motor vehicle that will operate on any public highway in this state.

2.11. "Ton" means 2,000 pounds.

2.12. "Vehicle owner" means the person who as owner or lessee of a commercial motor vehicle employs, contracts or otherwise directs a driver to operate that vehicle on a public highway of this state for the purpose of transporting coal.

W. Va. Code R. § 150-27-2