Statutes, codes, and regulations
West Virginia Administrative Code
Agency 150 - Public Service CommissionTitle 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION
Series 150-23 - Rules And Regulations Implementing A Uniform Registration And Permitting Program For Motor Carriers Transporting Hazardous Materials
Section 150-23-11 - Apportioned Vehicle Registration Fees

W. Va. Code R. § 150-23-11

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Current through Register Vol. XLI, No. 50, December 13, 2024
Section 150-23-11 - Apportioned Vehicle Registration Fees
11.1. Initial year waiver of registration fee.

In the year beginning July 1, 1994 and ending June 30, 1995 the apportioned registra-tion fee for West Virginia and Ohio will be waived.

11.2. Calculation Formula.

Beginning July 1, 1995, an apportioned vehicle registration fee shall be paid by affected carriers. The fee shall be calculated by multiplying the percentage of West Virginia transportation by the percentage of hazardous material transportation multiplied by the total number of vehicles the carrier operates multiplied by a per vehicle fee of $50.

11.3. State percentage.

A carrier shall determine its percentage of West Virginia transportation by dividing the number of miles it traveled in West Virginia under the international registration plan during the previous year by the number of miles it traveled nationwide under the international registration plan during the previous year. If a carrier operates only in West Virginia, it must use 100 percent of the miles traveled as its percentage of West Virginia transportation. If a carrier does not register its vehicles through the international registration plan, it must calculate the number of miles traveled in the manner required under the international registration plan. A carrier must add all fleet miles together.

11.4. Hazardous material percentage.

A carrier shall determine its percentage of hazardous material transportation by using a method based on general percentage ranges or actual percentages. A carrier shall determine its percentage of hazardous material transportation as follows:

11.4.1. For less-than-truckload shipments, it must divide the weight of the carrier's hazardous material and hazardous waste shipments transported during the previous year by the total weight of all shipments transported during the previous year.
11.4.2. For truckload shipments, it must divide the number of shipments transported during the previous year for which placarding, marking, or manifesting, was required by the Code of Federal Regulations, title 49, part 172, by the total number of all shipments transported during the previous year.
11.4.3. A carrier that transports both truckload and less-than-truckload shipments of hazardous material or hazardous waste must determine its percentage of hazardous material transportation by calculating the percentage of business that is hazardous material transportation on a proportional basis with the percentage of business that is not hazardous material transportation.
11.4.4. A carrier may use data from its most recent complete fiscal year or the most recent complete calendar year in calculating the percentages required in this subdivision for transportation conducted during the previous year.
11.5. Processing fee.

Beginning July 1, 1994, each motor carrier will be charged a processing fee of $50.00 for processing the motor carrier's registration. The Commission will process the registration form from each carrier for which it serves as the base state.

11.6. Fee collection and distribution for participating states.

The Commission will collect registra-tion fees for West Virginia and all states which are participating in the uniform registration program and in which the motor carrier transports hazardous materials. The Commission will distribute fees to the appropriate states.

11.7. Audits.

The Commission will conduct the necessary audits to ensure that the motor carrier is accurately reporting its hazardous materials Transportation activity.

W. Va. Code R. § 150-23-11