Senate Bill No. 435
(By Senators Kessler, Bowman, Laird,
Guills, K. Facemyer, White, Unger, Plymale and Wells)
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[Introduced February 2, 2010; referred to the Committee on the
Judiciary; and then to the Committee on Finance.]
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A BILL to amend and reenact §17C-6-7 of the Code of West
Virginia, 1931, as amended, relating to speed restrictions;
prima facie evidence of speed by certain devices; changing
Department of Public Safety to State Police in this section
of said code; and applying this section to all
municipalities of the state.
Be it enacted by the Legislature of West Virginia:
That §17C-6-7 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 6. SPEED RESTRICTIONS.
§17C-6-7. Prima facie evidence of speed by devices employing
microwaves or reflected light; placing of signs
relative to radar or laser.
The speed of a motor vehicle may be proved by evidence
obtained by use of any device designed to measure and indicate or
record the speed of a moving object by means of microwaves or
reflected light, when such evidence is obtained by members of the
department of public safety State Police, by police officers of incorporated municipalities in classes one, two and three, as
defined in chapter eight-a of this code, and by the sheriff and
his or her deputies. of the several counties of the state The
evidence so obtained shall be accepted as prima facie evidence of
the speed of such the vehicle.
In order to inform and educate the public generally that
speed of motor vehicles operating within the state is being
tested by radar or laser mechanisms, the Division of Highways
shall locate and place suitable and informative stationary and
movable signs at strategic points on and along highways in each
county of the state giving notice to the public that such radar
or laser mechanisms are in use.
NOTE: The purpose of this bill is to apply the law relating
to the use of speed detecting devises to all municipalities,
rather than just to Class I, II and II as is now the law.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added