West Virginia HB 4034: Establishing rates on administrative fees and the use of multiple wreckers

Bill Text

HB 4034 Text

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Introduced Version

« House Bill 4034 History

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 Key: Green = existing Code. Red = new code to be enacted

WEST 
VIRGINIA LEGISLATURE

2022 REGULAR SESSION

Introduced

House Bill 4034

By Delegate Cooper

[Introduced January 12, 
2022; Referred to the Committee on Government Organization]

A BILL to amend the Code 
of West Virginia, 1931, as amended, by adding thereto a new section, designated 
§24A-2-2c, relating to limits on administrative fees for towing and storage 
services and rates for the use of multiple wreckers; and requiring a rule to be 
proposed for legislative approval.

Be it enacted by the 
Legislature of West Virginia:

ARTICLE 2. COMMON 
CARRIERS BY MOTOR VEHICLES.

§24A-2-2c. 
Rule-making authority; 
establishing rates on administrative fees and the use of multiple wreckers.

(a) 
On or before July 1, 2022, the commission shall propose a rule for legislative 
approval in accordance with the provisions of §29A-3-1 et seq. 
of this code to establish limits 
on the administrative fees for recovering, towing, carrying, hauling, or 
storing wrecked or disabled vehicles as described by this section and rates for 
the use of multiple wreckers therefor. 

(b) The rule may be proposed 
as a new, free-standing rule or as amendments to the rules required under 
§24A-2-2b of this code, but the rule shall establish the following:

(1) The maximum 
administrative fee levied by a carrier for recovering, towing, hauling, 
carrying, or storing a wreck of disabled vehicle, provided such fee shall be no 
more than five percent of the fair market value of the vehicle or $500, 
whichever is less; and

(2) A requirement that 
only one wrecker shall be billed at the appropriate accident and recovery rate 
and that any additional wreckers shall be billed at the appropriate tow and go 
rate, as provided by the commission’s maximum statewide wrecker tariff.

NOTE: The purpose of this bill is 
to require the PSC to establish a rule limiting the administrative fees that 
can be charged for recovering, hauling, and storing wrecked or disabled 
vehicles and limiting the rates charged for multiple wreckers.

Strike-throughs indicate language 
that would be stricken from a heading or the present law, and underscoring 
indicates new language that would be added.

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