WEST virginia legislature

2016 regular session

ENROLLED

Committee Substitute

for

House Bill 4168

By Delegates Howell, Frich, Storch, Arvon, Eldridge, Moffatt, Faircloth, Upson, Westfall,
R. Phillips and Miller

[Passed March 12, 2016; in effect July 1, 2016.]

 AN ACT to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17A-6F-1, §17A-6F-2, §17A-6F-3 and §17A-6F-4, all relating to creating a special motor vehicle collector license plate; defining terms; establishing requirements and fees for a motor vehicle collector license plate application and for use of such plate; creating a misdemeanor offense; establishing criminal penalties; and requiring emergency and legislative rulemaking.

Be it enacted by the Legislature of West Virginia:

 That the Code of West Virginia, 1931, as amended, be amended and reenacted by adding thereto a new article, designated §17A-6F-1, §17A-6F-2, §17A-6F-3 and §17A-6F-4, all to read as follows:

ARTICLE 6F. Motor Vehicle Collector license plate.

§17A-6F-1. Definitions.

For the purposes of this article:

“Collector motor vehicle” means a motor vehicle that is more than twenty-five years old and is owned solely as a collector’s item.

“Motor vehicle collector” or “collector” means any person who holds a motor vehicle collector license plate.

§17A-6F-2. Special motor vehicle collector license plate; qualifications; fees.

(a) The commissioner may issue special motor vehicle collector license plates in accordance with this article. To qualify for and receive a motor vehicle collector license plate, an applicant must meet the following requirements:

(1) Be a permanent resident of the State of West Virginia;

(2) Submit an application in a form specified by the commissioner;

(3) Own a collector motor vehicle;

(4) Present proof of ownership of the vehicle or a bill of sale; and

(5) Present proof financial responsibility required in section two, article four, chapter seventeen-d of this code covering the motor vehicle.

(b) Once a person is issued a motor vehicle collector license plate pursuant to this article, the person is not required to continue to own a collector motor vehicle to maintain or renew the special motor vehicle collector license plate.

(c) A motor vehicle collector license plate issued pursuant to this article is valid for a period of one year from the date of issue.  A collector may hold multiple special motor vehicle collector license plates at the same time.

(d) The fee for a special motor vehicle collector plate is $60, and the annual renewal fee is $60.  The fee for an additional special motor vehicle collector plate is $30, and the annual fee to renew is $30 per plate.

(e) Misuse of a motor vehicle collector plate, by intentionally or fraudulently displaying such plate in a manner inconsistent with the provisions of this article, shall be a misdemeanor punishable by a fine of not more than $50 for a first offense and not more than $100 for each additional offense. A motor vehicle collector plate may not be used by a car dealer or broker as defined in sections one, article six, chapter seventeen-a of this code.

§17A-6F-3. Use of collector motor vehicles with a motor vehicle collector plate.

(a) A collector motor vehicle may be operated upon the streets and highways displaying a motor vehicle collector plate if:

(1) The vehicle displays a motor vehicle collector license plate, issued pursuant to this article; and

(2) The vehicle has been owned by the collector for thirty days or less, or the vehicle has a certificate of title in the name of the collector issued in this state.

(b) A collector motor vehicle may not be used for general transportation and may only be used for purposes allowed for the use of antique motor vehicles provided in subsection (b), section three-a, article ten, chapter seventeen-a of this code.

(c) A collector may transfer a motor vehicle collector license plate among multiple collector motor vehicles under his or her ownership: Provided, That the collector operates each vehicle in compliance with the requirements of this article.

§17A-6F-4. Rulemaking.

The commissioner shall promulgate emergency legislative rules and legislative rules in accordance with the provisions of chapter twenty-nine-a of this code as may be necessary or convenient for the carrying out of the provisions of this article. Notwithstanding any other provisions of this code to the contrary, upon the enactment of this article in the 2016 Regular Session, the provision of this article shall govern motor vehicle collector plates: Provided, That the commissioner may amend existing legislative rules to carry out of the provisions of this article.