W. Va. Code R. § 150-23-8

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

Section 150-23-8 - Owner/Operator Vehicles

8.1. A permitted motor carrier that transports hazardous materials under its permit using owner/operator vehicles is responsible for the operations of such vehicles and drivers, including all assurances and certifications contained in the uniform permit, as if such vehicles were owned and operated by the permitted motor carrier and the driver was employed by the motor carrier, and including providing information on the owner/operator that would be required in the part III business disclosure for hazardous waste transporters. Violations of hazardous materials transportation requirements that result from the operations of owner/operator vehicles while operating under a motor carrier's permit authority shall be viewed as violations by the permitted motor carrier and shall be reported to the base state at the time of future application or renewal of the national permit.

8.2. This section does not apply to instances in which a motor carrier subcontracts with a second motor carrier for the transportation of hazardous materials. In such a case, the subcontractor must have its own registration and/or permit pursuant to the uniform program. For purposes of this subsection, a subcontractor shall be a person or entity with whom a transporter of hazardous materials contracts to perform a service related to the transport of hazardous materials.