West Virginia Code 24A-2-6 – For hire common carriers of passengers; definitions; driving time; rules
(a) When used in this section, the following words and phrases have the following meanings, unless the context clearly indicates a different meaning:
Terms Used In West Virginia Code 24A-2-6
- Commission: means the Public Service Commission of West Virginia. See West Virginia Code 24A-1-2
- Public highway: means any public street, alley, road or highway, or thoroughfare of any kind in this state used by the public. See West Virginia Code 24A-1-2
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(1) "Driving time" means all time spent at the driving controls of a commercial for-hire vehicle designed to transport passengers;
(2) "Eight consecutive days" means the period of eight consecutive days beginning on any day at the time designated by the for-hire carrier for a twenty-four-hour period;
(3) "On duty time" means all time from the time a driver begins to work or is required to be in readiness to work until the time he or she is relieved from work and all responsibility for performing work; and
(4) "Twenty-four-hour period" means any twenty-four- consecutive-hour period beginning at the time designated by the for-hire carrier for the terminal from which the driver is normally dispatched.
(b) The provisions of this section apply only to for-hire carriers operated by an on board driver which is designed to transport passengers exclusively on any public highway or road in this state. The provisions of this section apply only to intrastate commerce and do not apply where preempted by federal regulation.
(c) Drivers of for-hire carriers may not:
(1) Engage in driving time of a for-hire vehicle for more than ten consecutive hours without eight consecutive hours off duty;
(2) Engage in driving time of a for-hire vehicle after the driver has on duty time of fifteen hours without eight consecutive hours off duty; or
(3) Engage in driving time of a for-hire vehicle after the driver has been on duty for a total of seventy consecutive hours within eight consecutive days.
(d) For-hire carrier companies shall keep time records, for six months, indicating the time all for-hire drivers report for duty, the time of relief from duty, hours driven, hours on duty, and hours off duty. These records shall be made available to the State Police and the Public Service Commission.
(e) The Public Service Commission may promulgate rules necessary to implement the provisions of this section.