W. Va. Code R. § 150-27-8

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

Section 150-27-8 - Impoundments of Vehicle and Its Load

8.1. A commercial motor vehicle and its load shall be impounded by a law enforcement officer pursuant to this section.

8.1.a. If a law enforcement officer determines that a permit has been altered, forged or counterfeited or used in violation of its terms or conditions, which shall mean used in a commercial motor vehicle different than that identified in the application or permit or by an owner or lessee other than the applicant, the permit shall be immediately confiscated, the permit indicium shall be removed, and the commercial motor vehicle and its load shall be impounded pursuant to the following procedure pending a hearing by the Commission.

8.1.b. If a law enforcement officer issues a criminal citation to an owner of a commercial motor vehicle operating on the coal resource transportation system, for a violation under W. Va. Code § 17C-17A-10, then the officer shall impound the vehicle and its load.

8.2. The impoundment of a commercial motor vehicle and its load shall be in accordance with the following procedure.

8.2.a. The commercial motor vehicle and its load shall be taken to a storage facility capable of and willing to store the commercial motor vehicle and its load.

8.2.b. The owner of the commercial motor vehicle shall be responsible for the payment of any storage fees.

8.2.c. For a violation under subsection 9.1.a., (W. Va. Code § 17C-17A-9(e)), the commercial motor vehicle will be impounded until a hearing is conducted. After the hearing and issuance of a final order, the vehicle and its load will be released provided the owner thereof has complied with the Commission's order.

8.2.d. In the event the commercial motor vehicle is impounded for a weight violation under subsection 9.1.b., (W. Va. Code § 17C-17A-10) the vehicle shall not be released until the owner has:

1. been acquitted of the charge;

2. been found guilty of the charge and paid any fine assessed under subsection (a) or (b) of W. Va. Code § 17C-17A-10; or,

3. furnished cash or surety bond in at least double the amount of the fine which may be assessed the offender under subsections (a) or (b) of W. Va. Code § 17C-17A-10 conditioned upon the payment of any fine and costs assessed for the violation. Provided, however, that a commercial motor vehicle shall not be impounded under this subsection if the owner is a resident of or has a principal place of business located in this state and the vehicle has been duly licensed in the state.

W. Va. Code R. § 150-27-8