Introduced Version
House Bill 2859 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2859
(By Delegates Staggers, P. Smith, Cowles and Lynch)
[Introduced March 7, 2013; referred to the
Committee on Roads and Transportation then Finance.]
A BILL to amend and reenact §17A-6-10c of the Code of West
Virginia, 1931, as amended, relating to authorizing the
Commissioner to issue no more than ten additional special
demonstration plates to a new motor vehicle dealer or used
motor vehicle dealer engaged in the business of selling
trailers, truck-tractors, road-tractors or trucks, who
demonstrates the motor vehicles under actual work conditions
to potential purchasers upon a showing of need.
Be it enacted by the Legislature of West Virginia:
That §17A-6-10c of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 6. LICENSING OF DEALERS AND WRECKERS OR DISMANTLERS;
SPECIAL PLATES; TEMPORARY PLATES OR MARKERS.
§17A-6-10c. Special demonstration plates for dealers in trailers,
truck-tractors, road-tractors and trucks; application; fee.
(a) Notwithstanding any other provisions of this code, any new
motor vehicle dealer or used motor vehicle dealer engaged in the
business of selling trailers, truck-tractors, road-tractors or
trucks who demonstrates the motor vehicles under actual work
conditions to potential purchasers shall obtain a special
demonstration plate from the Division of Motor Vehicles. The motor
vehicle dealer may obtain special demonstration plates without
first titling or registering each vehicle.
(b) The commissioner shall prescribe the application form for
these special demonstration plates and shall require the applicant
to submit proof of the applicant's status as a bona fide dealer in
motor vehicles and to certify that the applicant needs special
demonstration plates in the ordinary course of business.
The commissioner, upon approving any application, shall issue
to the new motor vehicle dealer or used motor vehicle dealer up to
four special demonstration plates which shall display the term
"demonstration" or "demo" and a distinguishing number assigned to
the motor vehicle dealer. The Commissioner may issue no more than
ten additional special demonstration plates at the fee of $50 for
each additional plate upon a showing that the licensee has sales or
potential sales justifying additional plates. The showing may
include, but is not limited to, the dealer's on-site inventory of
the applicable type of vehicles, previous sales to residents and nonresidents of applicable vehicles or the geographical divergence
of the dealer's customer base.
(c) The annual fee for special demonstration plates is $100
for the first plate and $50 for each additional plate, not to
exceed a total of four fourteen plates per dealer.
(d) Each motor vehicle dealer who is issued special
demonstration plates shall keep a written record, on a form
approved by the commissioner, containing the following information:
Identification of the motor vehicles upon which the special
demonstration plates are used; the times and dates during which
each special demonstration plate is used; the name and address of
the company or individual using a motor vehicle on which a special
demonstration plate is used; and any other information considered
necessary by the commissioner. This record shall be open to
inspection by any police officer or employee of the division.
(e) Each motor vehicle operated under the provisions of this
section is considered to be registered at the maximum vehicle
weights allowable under article seventeen, chapter seventeen-c of
this code.
(f) A motor vehicle dealer shall may not: (1) Use any special
demonstration plates issued under the provisions of this section on
any motor vehicle which is not being demonstrated; (2) use any
special demonstration plates to demonstrate any single motor
vehicle for more than seven calendar days in any calendar year for any single customer; (3) use any special demonstration plates on
any motor vehicle leased or rented to any customer; or (4) use any
special demonstration plates in any way other than to demonstrate
the on-the-job capabilities of a motor vehicle to a potential
purchaser.
(g) The motor vehicle dealer is required to furnish a
certificate of insurance in the amount required by regulations of
the West Virginia Public Service Commission or the United States
Department of Transportation for the class of motor carrier for
which the motor vehicle is to be demonstrated.
NOTE: The purpose of the bill is to increase the cap on the
number of dealer plates that may be used by new and used dealers of
larger commercial type vehicles.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.