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Senate Bill No. 620

(By Senators White, Love and Bowman)


[Originating in the Committee on the Judiciary;

reported March 24, 2005.]


A BILL to amend and reenact §17C-6-7 of the Code of West Virginia, 1931, as amended, relating to speed-measuring devices; allowing law-enforcement officers employed by any incorporated municipality to present as prima facie evidence the speed of a motor vehicle obtained through the use of microwaves; and requiring that all law-enforcement officers utilizing speed measuring devices be certified in their operation.

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:

§17C-6-7. Prima facie evidence of speed by devices employing microwaves; placing of signs relative to radar.

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, when such evidence is obtained by members of the department of public safety State Police, by police officers of any incorporated municipality 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: Provided, That law-enforcement officers be certified in the operation of those devices: Provided, however, That speed-measuring devices must be recalibrated as needed and consistent with the manufacturer's recommendations. The evidence so obtained shall be accepted as prima facie evidence of the speed of such vehicle.
Law-enforcement officers must complete forty hours' initial training in the use of speed-measuring devices. The initial training must be provided by a state-certified instructor. Law-enforcement officers who have completed the required initial training must undergo recertification yearly.
In order to inform and educate the public generally that speed of motor vehicles operating within the state is being tested by radar mechanisms, the State Road Commission 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 mechanisms are in use.
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