W. Va. Code R. § 110-14B-2

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 110-14B-2 - Definitions

As used in this rule and unless the context clearly requires a different meaning, the following terms have the meaning ascribed in this section.

2.1. "Highway" means every way or place of whatever nature open to the use of the public as a matter of right for the purpose of vehicular travel, which is maintained by this State or any subdivision or unit of this State or the federal government or any agency of the federal government.

2.2. "Identification marker" means the decal issued under W. Va. Code '11-14A-7 by the Department of Tax and Revenue or the Division of Motor Vehicles for display upon a particular motor carrier and authorizing a person to operate or cause to be operated a motor carrier upon any highway of the State of West Virginia.

2.3. "Motor carrier":

2.3.1. West Virginia intrastate IFTA nonregistrant carriers -For taxpayers which operate solely in the State of West Virginia and which have no interstate operations and which are not members of the International Fuel Tax Agreement, the term "motor carrier" means:

2.3.1.1. Any passenger vehicle which has seats for more than nine (9) passengers in addition to the driver, or

2.3.1.2. Any road tractor, or

2.3.1.3. Any tractor truck, or

2.3.1.4. Any truck having more than two (2) axles

2.3.1.5. which is operated or caused to be operated by any person on any highway in this State;

2.3.1.6. Pickup trucks and 5th wheel trailers - For taxpayers which operate solely in the State of West Virginia and which have no interstate operations and which are not members of the International Fuel Tax Agreement, fifth (5th) wheel trailers when towed by a pick-up truck with the bed of the truck intact are not motor carriers; however, if the bed is removed and a fifth (5th) wheel trailer is attached, the vehicle becomes a tractor truck as defined in Section 2.3.1.8 of this rule;

2.3.1.7. Road tractors - For taxpayers which operate solely in the State of West Virginia and which have no interstate operations and which are not members of the International Fuel Tax Agreement, the term "road tractor" means every motor carrier designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn; and

2.3.1.8. Tractor trucks - For taxpayers which operate solely in the State of West Virginia and which have no interstate operations and which are not members of the International Fuel Tax Agreement, the term "tractor truck" means every motor carrier designed and used primarily for drawing other vehicles, and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn; and

2.3.1.9. Trucks - For taxpayers which operate solely in the State of West Virginia and which have no interstate operations and which are not members of the International Fuel Tax Agreement, the term "truck" means every motor carrier designed, used or maintained primarily for the transportation of property and having more than two (2) axles; and

2.3.2. Interstate carriers and IFTA registrants - For taxpayers which operate in interstate commerce or which are International Fuel Tax Agreement registrants, the term "Motor Carrier" has the same definition as the definition for that term set forth in the International Fuel Tax Agreement.

2.4. "Operation" means any operation of any motor carrier, whether loaded or empty, whether for compensation or not, and whether owned by or leased to the person who operates or causes the motor carrier to be operated.

2.5. "Person" means and includes any individual, firm partnership, limited partnership, joint adventure, association, company, corporation, organization, syndicate, receiver, trust or nay other group or combination acting as a unit, in the plural as well as the singular number, and means and includes the officers, directors, trustees or members of any firm, partnership, limited partnership, joint adventure, association, company, corporation, organization, syndicate, receiver, trust or any other group or combination acting as a unit, in the plural as well as the singular number, and includes any governmental department, division, agency, office or subdivision thereof, unless the intention to give a more limited meaning is disclosed by the context.

2.6. "Tax" includes, within its meaning, interest, additions to tax and penalties, unless the intention to give a more limited meaning is disclosed by the context.

2.7. "Taxpayer" means any person liable for any tax, interest, additions to tax or penalty under the provision of W. Va. Code '11-14A-1 et seq. and this rule.

W. Va. Code R. § 110-14B-2