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Committee Substitute House Bill 2760 History

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COMMITTEE SUBSTITUTE

FOR

H. B. 2760

(By Delegate Warner)


(Originating in the Committee on the Judiciary)


[February 26, 2003]


A BILL to amend article seven, chapter twenty-four-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section seven, relating to authorizing employees of the public service commission designated as motor carrier inspectors to enforce the provisions of chapter seventeen-c of the code; requiring training; and authorizing those inspectors to use radar to measure and indicate or record the speed of motor vehicles for use as prima facie evidence.

Be it enacted by the Legislature of West Virginia:

That article seven, chapter twenty-four-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section seven, to read as follows:
ARTICLE 7. COMPLAINTS, DAMAGES AND VIOLATIONS.
§24A-7-7. Authority of motor carrier inspectors to enforce all traffic rules as to commercial vehicles; use of radar as evidence.

(a) The employees of the commission designated as motor carrier inspectors have the same authority as law-enforcement officers generally to enforce the provisions of chapter seventeen-c of this code with respect to commercial motor vehicles owned or operated by motor carriers, exempt carriers or private commercial carriers, where vehicles have a gross vehicle weight rating of ten thousand pounds or more.
(b) The speed of a commercial motor vehicle owned or operated by a motor carrier, exempt carrier or private commercial carrier 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 the evidence is obtained by employees of the commission designated as motor carrier inspectors. The evidence so obtained is prima facie evidence of the speed of the vehicle.
(c) Motor carrier inspectors shall also perform a North American standard safety inspection of each commercial motor vehicle stopped for enforcement purposes pursuant to this section.
(d) Before exercising the provisions of this section, the motor carrier inspectors shall receive adequate training.
(e) Nothing in this section affects the existing authority of law-enforcement officers not employed by the commission to enforce the provisions of chapter seventeen-c of this code.
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