Current through Register Vol. XLI, No. 50, December 13, 2024
Section 150-9-8 - Temporary Authority8.1. Temporary authority -- The Commission may grant temporary authority upon an application for a certificate or permit to operate as a common or contract carrier by motor vehicle if it appears that the granting of such authority will not operate to the detriment of any authorized common or contract carrier serving the territory and if the Commission has reason to believe that no common or contract carrier would protest the application for such authority.8.2. Publication of notice. - Except in cases of emergency, the Commission will not grant temporary authority under Rule 8.1. until notice of the application for such authority has been published not less than three (3) days prior to the granting of such authority in a newspaper of general circulation in the county, or counties, of operation.8.3. No presumption. - The granting of any authority under Rule 8.1. shall not create a presumption that corresponding permanent authority will be granted.8.4. Surrender of uniform vehicle identification cards. - In the event that an applicant receives temporary authority under Rule 8.1. but the Commission denies corresponding permanent authority following a hearing on the application, the applicant shall surrender all Uniform Vehicle Identification Cards to the Commission and no refund of any fees or assessments, or portions thereof, shall be made.8.5. Required conditions for temporary authority-contract carrier. - The Commission will not grant temporary authority to operate as a contract carrier under Rule 8.1. unless it is established to the satisfaction of the Commission that the rates to be paid will not be less than those charged by common carriers for similar service; the vehicles of the applicant will not replace those of any authorized common or contract carrier; and there is no common carrier service available for such transportation. The Commission may accept an affidavit signed by such proper person or official of a company that desires the services of the applicant. The affidavit shall be in the form and effect as prescribed under the provisions of Rule 10.1.23., P.S.C. W. Va. M.C. Form No. 33.8.6. Application not binding. - Commission acceptance of an application under these Rules shall not be considered as a grant of authority. Commission acceptance of an affidavit as prescribed in Rule 8.5. and as set forth by Rule 10.1.23., P.S.C. W. Va. M.C. Form No. 33, is not conclusive and the Commission may require such further evidence as it deems necessary.8.7. Fees and assessments. - The fees and assessments for carriers authorized under Rule 8.1. are the same as for carriers with permanent authority.8.8. Emergency substitute carrier - The Commission may authorize an emergency substitute carrier upon suspension of a certificate to operate as a common carrier by motor vehicle upon suspension of a certificate, or to operate as a contract carrier by motor vehicle upon suspension of a permit pursuant to W.Va. Code §§24A-2-5 or 24A-3-2, respectively. The Commission will establish rates and charges for emergency substitute carriers upon appointment of an emergency substitute carrier. 8.8.1. The emergency substitute carrier may continue to operate during the pendency of its application for a certificate of convenience and necessity filed pursuant to W. Va. Code §24A-2-5(a) or during the pendency of its application for a permit to operate as a contract carrier by motor vehicle filed pursuant to W. Va. Code §24A-3-3(a).8.8.2. No sooner than thirty (30) days after the suspension of a certificate or permit and appointment of an emergency substitute carrier, the suspended common or contract carrier may petition the Commission to end the suspension and terminate the authority of the emergency substitute carrier. Upon notice to die emergency substitute carrier and an opportunity to be heard, die Commission shall issue an order granting or denying die petition.