W. Va. Code R. § 150-27-6

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

Section 150-27-6 - Administrative Sanctions Concerning Coal Shipments

6.1. Administrative sanctions.

In additions to other penalties provided by law, the following administrative sanctions, which are contained within W. Va. Code § 17C-17A-9, shall be imposed for various violations occurring upon the coal resource transportation system. These sanctions become effective for violations occurring on or after October 1, 2003.

6.1.a. Shipper and excess weight.

If a shipper of coal loads coal in an amount which causes the gross weight of the commercial motor vehicle to be in excess of the lawful weight limits established in W. Va. Code Article 17A of Chapter 17C, then the shipper shall pay an administrative penalty per pound, for the first and subsequent offenses, in accordance with the schedules set forth in W. Va. Code § 17C-17A-10. For example, if the vehicle is 10,000 pounds overweight, the penalty would be $700 (10,000 pounds x 7 cents).

6.1.b. Operator, owner without a special permit and in violation of weight limits.

If a commercial motor vehicle is operated on a coal resource transportation road with a gross vehicle weight in excess of the lawful maximum weight for a coal resource transportation road without a special permit, the operator and owner of the vehicle shall be subject to the following administrative penalties.

1. The operator shall have his commercial driver's license suspended by the Department of Motor Vehicles for a period of ninety days for the first offense, six months for the second offense, and one year for the third offense: provided, that the operator can avoid these penalties by presenting to the Commission, within 5 days of the offense, a permit that has expired for less than 30 days prior to the offense.

2. The owner shall have all state-issued hauling permits then in force suspended by the Commission for a period of ninety days for the first offense, six months for the second offense, and revoked for the third offense: provided, that the owner can avoid these penalties by presenting to the Commission, within 5 days of the offense, a permit that has expired for less than 30 days prior to the offense. An owner is prohibited from applying for a CRTS permit for a period of one year following the revocation. If there is no permit then in force, the owner shall have his or her commercial motor vehicle registration suspended by the Department of Motor Vehicles for a period of ninety days for the first offense, six months for the second offense and revoked for the third offense.

6.1.c. Operator, owner with a special permit and in violation of weight limits.

If a commercial motor vehicle is operated on a coal resource transportation road with a gross vehicle weight in excess of the lawful maximum weight for a coal resource transportation road allowed by the special permit, the operator and owner of the vehicle shall be subject to the following administrative penalties.

1. The operator shall have his commercial driver's license suspended by the Department of Motor Vehicles for a period of three days for the first offense, thirty days for the second offense, and six months for the third offense.

2. The owner shall have the special permit suspended by the Commission for a period of three days for the first offense, thirty days for the second offense and revoked for the third offense. An owner is prohibited from applying for a CRTS permit for a period of one year following the revocation.

6.1.d. Operator, owner with a suspended special permit and in violation of weight limits.

If a commercial motor vehicle with a suspended special permit is operated upon a coal resource transportation road in excess of the weight limits imposed by W. Va. Code Article 17 of Chapter 17C, the operator and owner of the vehicle shall be subject to the following administrative penalties.

1. The operator shall have his commercial driver's license suspended by the Department of Motor Vehicles for a period of six months for the first offense, twelve months for the second offense, and two years for the third offense: provided, that if the operator is also the owner, the owner penalties shall also apply.

2. The owner shall have all state-issued permits then in force suspended by the Commission or, if applicable, the commissioner of highways for a period of twelve months for the first offense, two years for the second offense and revoked for the third offense. An owner is prohibited from applying for a CRTS permit for a period of one year following the revocation.

6.1.e. Operator with a permit who speeds upon a coal resource transportation road.

An operator of a commercial motor vehicle that has a special permit and is charged with a violation of W. Va. Code § 17C-6-1 upon a coal resource transportation road shall have his or her commercial driver's license suspended by the Department of Motor Vehicles for a period of three days for the first offense, thirty days for the second offense and revoked for the third offense.

6.1.f. Falsifying information in the acquisition of a special permit.

If any person falsifies information relating to the acquisition of a special permit, then that person shall have his or her driver's license, including a commercial driver's license, suspended by the Department of Motor Vehicles for a period of sixty days for the first offense, one hundred and twenty days for the second offense and six months for the third offense. Further, if the person is regulated pursuant to W. Va. Code Article 17A, Chapter 17C, the person's state-issued business license shall be suspended by the commissioner of the state tax division for a period of six months for the first offense, one year for the second offense and two years for the third offense.

6.1.g. Altered, forged or counterfeited permit.

Any person who fabricates or displays an altered, forged or counterfeited permit shall have his or her driver's license, including a commercial driver's license, suspended by the Department of Motor Vehicles for a period of sixty days for the first offense, one hundred twenty days for the second offense and revoked for the third offense. In addition, without hearing, the Commission or its law enforcement employees may immediately confiscate an altered, forged or counterfeited permit, or a permit used by someone other than the applicant or for another vehicle. Upon the issuance of a citation alleging a violation of this subsection, the vehicle and its load shall be impounded as provided in these rules.

6.1.h. Bribes.

Any person that bribes or attempts to bribe an employee of the State or who gives such an employee a gift, gratuity, entertainment, loan, favor or other thing of monetary value for the purpose of avoiding any penalties permitted in these rules shall have his or her state-issued special permit suspended by the Commission for a period of sixty days for the first offense, one hundred and twenty days for the second offense and revoked for the third offense. An owner is prohibited from applying for a CRTS permit for a period of one year following the revocation.

6.1.i. Aiding and abetting.

Any person who aids or abets another person's attempt to avoid any suspension provided herein shall have his or her driver's license, including a commercial driver's license, suspended by the Department of Motor Vehicles for a period of sixty days for the first offense, one hundred and twenty days for the second offense and six months for the third offense and shall have his or her state-issued business license suspended by the tax commissioner for a period of three months for the first offense, six months for the second offense and one year for the third offense.

6.2. In the case of multiple violations by a permittee, shipper, operator or receiver, the Commission may direct that any imposed suspension under these rules be served concurrently or consecutively, taking into account the frequency of violations committed during the inclusive time periods, or in the same course of misconduct if the Commission determines that sufficient mitigating or aggravating circumstances are present.

6.3. Without providing a hearing, the Commission may immediately suspend a person from obtaining special permits or operating under special permit authority for failure to pay a fee required under this article or these rules until proper payment is received.

6.4. For the purpose of applying the enhanced penalty provisions of these administrative sanctions, the penalty(ies) for the second or subsequent offenses shall be applicable whenever such offenses occur within the twelve-month period immediately following the date of the final order assessing the first penalty.

6.5. A copy of the Commission's final order imposing administrative sanctions will be sent to the violator. Upon the receipt of notice of the Commission's action, the state agency responsible for administering the penalty will promptly administer the appropriate sanction.

6.6. Monetary penalties are payable to the Commission no later than 10 days after the date the order that imposes the penalty becomes final. The payment of penalties should be mailed to:

Public Service Commission

Attn: Executive Director

201 Brooks Street

Post Office Box 812

Charleston, West Virginia 25323

W. Va. Code R. § 150-27-6