On the effective date of these rules, the Commission shall implement the uniform registration and permitting program in accordance with the regulations defined in the Alliance report submitted to the Secretary of the U.S. Department of Transportation. All persons who transport hazardous materials into or through West Virginia shall apply for a uniform hazardous materials registration and permit from the Commission.
A registration or permit issued by the Commission pursuant to the uniform program shall be accepted as valid, and legally enforceable, in all participating jurisdictions; provided that if a court of competent jurisdiction should determine that a state, political subdivision, or Indian tribe may not enjoin or otherwise restrain the operation of an unqualified hazardous materials motor carrier in their state, the provision for reciprocity established in this section shall be deemed non-reversible and null and void. If this should occur, non-base states shall not be required to honor permits issued by base states.
W. Va. Code R. § 150-23-4