Bill Text: WV HB4186 | 2016 | Regular Session | Enrolled

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Bill Title: Relating to additional duties of the Public Service Commission

Spectrum: Partisan Bill (Republican 11-0)

Status: (Passed) 2016-05-13 - Chapter 163, Acts, Regular Session, 2016 [HB4186 Detail]

Download: West_Virginia-2016-HB4186-Enrolled.html

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WEST virginia legislature

2016 regular session

ENROLLED

Committee Substitute

for

House Bill 4186

By Delegates Cadle, Cooper, Foster, Ambler, Howell, Butler, Householder, Moffatt, Smith, R., Westfall and Hamrick

[Passed March 12, 2016; in effect from passage.]

 

 AN ACT to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24A-2-2b, relating to Public Service Commission; requiring the Public Service Commission promulgate rules related to rates charged by a carrier for the recovery, towing, hauling, carrying or storing of a wrecked or disabled vehicle; establishing a complaint review process; developing a process for aggrieved parties to recover charges; providing the burden of proof be on the carrier; establishing factors for Public Service Commission to consider in determining whether rates are fair, effective and reasonable; requiring carriers to list rates on invoices; providing for promulgated rules to sunset; and requiring a review of rules by the Legislative Auditor.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §24A-2-2b, to read as follows:

CHAPTER 24A. MOTOR CARRIERS OF PASSEGERS AND PROPERTY FOR HIRE.

ARTICLE 2.  COMMON CARRIERS BY MOTOR VEHICLES.

§24A-2-2b. Rule-making authority; establishing rates for recovering, towing, hauling, carrying, or storing wrecked or disabled vehicles; complaint process; and required Legislative Audit.

(a) On or before July 1, 2016, the Commission shall promulgate rules to effectuate the provisions of this article.

(b) The rules promulgated pursuant to the provisions of this section shall describe:

(1) Factors determining the fair, effective and reasonable rates levied by a carrier for recovering, towing, hauling, carrying or storing a wrecked or disabled vehicle. The commission shall consider, but shall not be limited to:

(A) Tow vehicle(s) and special equipment required to complete recovery/tow;

(B) Total time to complete the recovery or tow;

(C) Number of regular and extra employees required to complete the recovery or tow;

(D) Location of vehicle recovered or towed;

(E) Materials or cargo involved in recovery or tow;

(F) Comparison with reasonable prices in the region;

(G) Weather conditions; and

(H) Any other relevant information having a direct effect on the pricing of the recovery, towing and storage of a recovered or towed vehicle;

(2) The process for filing a complaint, the review and investigation process to ensure it is fair, effective and timely: Provided, That in any formal complaint against a carrier relating to a third-party tow, the burden of proof to show that the carrier’s charges are just, fair and reasonable shall be upon the carrier;

(3) The process for aggrieved parties to recover the cost, from the carrier, for the charge or charges levied by a carrier for recovering, towing, hauling, carrying or storing a wrecked or disabled vehicle where the commission determines that such charge or charges are not otherwise just, fair or reasonable; and

(4) The process to review existing maximum statewide wrecker rates and special rates for the use of special equipment in towing and recovery work to ensure that rates are just, fair and reasonable: Provided, That the commission shall generally disapprove hourly and flat rates for ancillary equipment.

(c) All carriers regulated under this article shall list their approved rates, fares and charges on every invoice provided to an owner, operator or insurer of a wrecker or disabled motor vehicle. 

(d) The rules promulgated pursuant to this article shall sunset on July 1, 2021, unless reauthorized.

(e) On or before December 31, 2020, the Legislative Auditor shall review the rules promulgated by the Public Service Commission under this section.  The audit shall evaluate the rate-making policy for reasonableness, the complaint process for timeliness, the penalties for effectiveness and any other metrics the Legislative Auditor deems appropriate.  The Legislative Auditor may recommend that the rule be reauthorized, reauthorized with amendment or repealed.