W. Va. Code R. § 150-27-3
Current through Register Vol. XLI, No. 45, November 8, 2024
Section 150-27-3 - Permit Applications for the Coal Resource Transportation System3.1. This special permit process applies to commercial motor vehicles utilized to transport coal at the enhanced weight levels provided in W. Va. Code § 17C-17A-5 on a coal resource transportation road as designated by the Division.3.2. An annual permit must be obtained for each commercial motor vehicle that operates upon the coal resource transportation system.3.3. The initial permitting period shall run from October 1, 2003, through December 31, 2004. Subsequent permitting periods shall run from January 1 through December 31 of the following year.3.4. The permittee will be required to comply with the weight limits established by the Division on any particular road within the coal resource transportation system.3.5. The application will be made by the owner of the vehicle, who is the person in whose name the vehicle is registered. This requirement is subject to modification pursuant to section 3.6. The owner shall verify that the information contained within the application is true and accurate.3.6. If the vehicle is leased to another, other than the operator, then the lessee shall be deemed the owner under these rules and shall make the application. If the lessee is also the operator, the owner must file the application.3.7. The application will indicate the owner's or lessee's name, street and mailing address, and telephone number. If the application is by any entity other than a sole proprietor, then the application must designate a person legally responsible for receiving notices and for compliance with these rules. If the application is submitted by a business, the application must indicate that the applicant is registered to do business in the State of West Virginia.3.8. The application must be made on a completed Form 1, which is attached to these rules. The form must be signed by a legally responsible individual whose signature must be acknowledged before a notary public.3.9. The written application must be submitted to the Transportation Division and, if mailed, sent to: Public Service Commission
Transportation Division
Attn: Coal Permit Application
201 Brooks Street
Post Office Box 812
Charleston, West Virginia 25323
3.10. The application must be accompanied by the appropriate fee (see Form 1) which can be paid in cash if in person, otherwise by money order, other certified cash instrument or any other form of payment approved by the Commission.3.11. In addition to the application fee payable to the Commission of $100 for one vehicle and $25 for each additional vehicle, the applicant will remit to the Commission the following special permit fee, whichever is applicable, as required by W. Va. Code § 17C-17A-5. Such fee shall be paid by money order, other certified cash instrument, or any other form of payment approved by the Commission. The special permit fee will be prorated as indicated on the instruction sheet to Form 1. The special permit fees are as follows: 3.11.a. A single unit truck having one steering axle and two axles in tandem arrangement shall be limited to a maximum gross vehicle weight of 80,000 pounds with a tolerance of 5% and shall pay a special permit fee annually of $100.00;3.11.b. A single unit truck having one steering axle and three axles in tridem arrangement shall be limited to a maximum gross vehicle weight of 90,000 pounds with a tolerance of 5% and shall pay a special permit fee annually of $160.00;3.11.c. A tractor-semi trailer combination with five axles shall be limited to a maximum gross vehicle weight of 110,000 pounds with a tolerance of 5% and shall pay a special permit fee annually of $300.00;3.11.d. A tractor-semi trailer combination with six or more axles shall be limited to a maximum gross vehicle weight of 120,000 pounds with a tolerance of 5% and shall pay a special permit fee annually of $500.00.3.12. The application shall require a verification which must include the following: 3.12.a. a statement that the vehicle has a current state inspection sticker, if required, from the state where the vehicle is registered;3.12.b. a statement that the owner has insurance as required by state law;3.12.c. a copy of the current vehicle registration;3.12.d. a statement that the vehicle, as configured, has a total combined axle rating capacity equal to or greater than the maximum amount of weight for which a special permit is sought; and,3.12.e. a statement that the vehicle will be operated only by an operator with a valid commercial driver's license.3.13. If a permit is granted, the Commission will return a stamped approved permit to the applicant and will provide a special permit indicium sticker to be used on the permitted commercial motor vehicle. During operation, the commercial motor vehicle must, at all times, carry the original Commission approved permit.3.14. The special permit indicium sticker, which is issued with the approved application, shall be permanently affixed immediately below the window glass on the top of the door on the operator's side of the commercial motor vehicle.3.15. In the event a special permit indicium is lost, destroyed, stolen, or is otherwise unusable, the permit indicium will be replaced by the Transportation Division upon the submission of a copy of the original application/permit; an affidavit attesting the facts of the situation; and, a replacement fee of $25.3.16. As a condition of receiving a special permit for the coal resource transportation system, any operator shall submit the vehicle for weighing by portable or stationary scales as required. Any operator or owner of a commercial motor vehicle or combination of vehicles who refuses to comply with weighing or safety requirements forfeits all privileges granted by the special permits.3.17. As a condition of receiving a special permit, commercial motor vehicle owners and operators shall submit permitted commercial motor vehicles to safety checks and other commercial motor vehicle inspection requirements as required by Commission personnel.3.18. For each shipment with a gross vehicle weight in excess of 88,000 pounds in the preceding month, the shipper shall remit to the Commission by the 10th day of each month a payment of 5 cents per ton applied to the total tonnage of coal involved in each such shipment. For example, if a truck shipment has a gross weight of 100,000 pounds and the truck has a tare weight of 40,000 pounds, the 5¢ would be imposed on 60,000 pounds (5¢ times 30 tons or $1.50). The Commission shall deposit the revenue from such fees in the coal resource transportation fund. Payments should be mailed to: Public Service Commission
Attn: Executive Director
201 Brooks Street
Post Office Box 812
Charleston, West Virginia 25323
3.19. The permits issued pursuant to these rules are specific both as to owner and commercial motor vehicle. If either of these two elements of the permit changes, then the permit shall be void and a modified permit shall be required. If a commercial motor vehicle having a valid permit is sold or registered to a different person, the new owner must either apply for a modified permit or obtain a new permit. If an owner wishes to transfer a valid permit to a different vehicle (rather than obtain a completely new permit for such different vehicle), the owner must apply for a modified permit. The fee for modifying a permit shall be $25.00. A permit modification shall apply only to the owner or the commercial motor vehicle, not both. A permit modification shall not change the expiration date of the permit.3.20 All fees established by these rules shall be deposited into the Public Service Commission Fund. The statutory fees which are set forth in W. Va. Code § 17C-17A-3(b)(5) and 17C-17A-5(b) are to be paid to the CRTS road fund.W. Va. Code R. § 150-27-3