ENGROSSED
COMMITTEE SUBSTITUTE
FOR
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 35
(By Senators Redd, Love and Snyder)
____________
[Originating in the Committee on Finance;
reported February 26, 2002.]
____________
A BILL to amend and reenact sections five and six, article sixteen,
chapter seventeen-c of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, all relating to fees for
motor vehicle inspections; and increasing fees for inspection
stickers.
Be it enacted by the Legislature of West Virginia:
That sections five and six, article sixteen, chapter
seventeen-c of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted, all to read as
follows:
ARTICLE 16. INSPECTION OF VEHICLES.
§17C-16-5. Permit for official inspection stations; fees for and
certificate of inspection.
(a) The superintendent of the
department of public safety shall be state police is responsible for the inspection as provided
in this article and shall prescribe requirements and qualifications
for official inspection stations. He or she shall select and
designate
such the stations and shall issue permits
therefor for
official inspection stations and furnish instructions and all
necessary forms
thereto for the inspection of vehicles as
herein
required
in this article and the issuance of official certificates
of inspection and approval. The certificate of inspection shall be
a paper sticker or decal to be affixed to the windshield of a motor
vehicle, shall be serially numbered and shall properly identify the
official inspection station
by which issued
it. A charge of one
dollar per sticker shall be charged by the
department of public
safety state police to the inspection station, and the funds
so
received shall be deposited into the state treasury and credited to
the account of the
department of public safety state police for
application in the administration and enforcement of the provisions
of this article. Any balance remaining in the fund on the last day
of June of each fiscal year, not required for the administration
and enforcement of the provisions of this article, shall be
transferred to the state road fund. The superintendent
is
authorized to may exchange stickers or
to make refunds to official
inspection stations for stickers on hand when permits are revoked
or when, for any reason, the stickers become obsolete.
(b) Application A person shall apply for
a permit
shall be
made upon an official form prescribed by the superintendent and
the
superintendent shall grant permits
shall be granted only when the superintendent is satisfied that the station is properly equipped
and has competent personnel to make
such the inspections and
adjustments and that the inspections and adjustments will be
properly conducted. The superintendent, before issuing a permit,
may require the applicant to file a bond with surety approved by
the superintendent, conditioned that such applicant, as a station
operator, will make compensation for any damage to a vehicle during
an inspection or adjustment due to negligence on the part of
such
the station operator or employees thereof.
(c) The superintendent shall properly supervise and cause
inspections to be made of
such the stations. Upon finding that a
station is not properly equipped or conducted, the superintendent
may, upon a first violation, suspend the permit for a period of up
to one year. Upon a second or subsequent finding that a station is
not properly equipped or conducted, the superintendent shall
permanently revoke and require the surrender of the permit. The
superintendent may reinstate the permit of any person whose permit
was permanently revoked prior to the effective date of this section
upon a first finding that a station was not properly equipped or
conducted, upon application, at any time after the expiration of
six months from the time of revocation and shall reinstate
such the
permit, upon application, after the expiration of one year. He or
she shall maintain and post at his
or her office and at
such any
other places as he or she may select lists of all stations holding
permits and of those whose permits have been suspended or revoked.
§17C-16-6. Assignment, transfer and posting of official inspection station permit; issuance and record of certificate of
inspection; inspection fee.
(a) No permit for an official inspection station shall be
assigned or transferred or used at any location other than
therein
designated
in the permit and every
said permit shall be posted in
a conspicuous place at the station location designated
in the
permit.
(b) The person operating
any such the station shall issue a
certificate of inspection and approval, upon an official form, to
the owner of a vehicle upon inspecting
such the vehicle and
determining that its equipment required
hereunder under this
article is in good condition and proper adjustment, but otherwise
no certificate shall be issued, except
such as may be one issued
pursuant to section two of this article. When required by the
superintendent, a record and report shall be made of every
inspection and every certificate
so issued.
(c) A fee of not more than
seven twelve dollars may be charged
for an inspection and any necessary headlight adjustment to proper
focus, not including any replacement parts required, and the
issuance of
such the certificate, but the imposition of
such the
charge
shall is not
be mandatory.
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