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Introduced Version House Bill 3090 History

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hb3090 intr
H. B. 3090


(By Delegates Frich, Palumbo, Brown, Beach,
Houston, Marshall and Longstreth)

[Introduced March 17, 2005; referred to the
Committee on the Judiciary then Finance.]



A BILL to amend and reenact §17A-3-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17A-10-1 and §17A-10-3 of said code, all relating to motor vehicle registration of all-terrain vehicles used off of private property; removing the exemption for all-terrain vehicles used off of private property from requirements of annual motor vehicle registration; classifying all-terrain vehicles used off of private property for purposes of motor vehicle registration; and providing an annual motor vehicle registration fee for all-terrain vehicles used off of private property.

Be it enacted by the Legislature of West Virginia:
That §17A-3-2
of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §17A-10-1 and §17A-10-3 of said code be amended and reenacted, all to read as follows:
ARTICLE 3. ORIGINAL AND RENEWAL OF REGISTRATION; ISSUANCE OF CERTIFICATES OF TITLE.

§17A-3-2. Every motor vehicle, etc., subject to registration and certificate of title provisions; exceptions.

(a) Every motor vehicle, trailer, semitrailer, pole trailer and recreational vehicle when driven or moved upon a highway is subject to the registration and certificate of title provisions of this chapter except:
(1) Any vehicle driven or moved upon a highway in conformance with the provisions of this chapter relating to manufacturers, transporters, dealers, lienholders or nonresidents or under a temporary registration permit issued by the Division as authorized under this chapter;
(2) Any implement of husbandry upon which is securely attached a machine for spraying fruit trees and plants of the owner or lessee or for any other implement of husbandry which is used exclusively for agricultural or horticultural purposes on lands owned or leased by the owner of the implement and which is not operated on or over any public highway of this state for any other purpose other than for the purpose of operating it across a highway or along a highway other than an expressway as designated by the Commissioner of the Division of Highways from one point of the owner's land to another part of the owner's land, irrespective of whether or not the tracts adjoin: Provided, That the distance between the points may not exceed twenty-five miles, or for the purpose of taking it or other fixtures attached to the implement, to and from a repair shop for repairs. The exemption in this subdivision from registration and license requirements also applies to any vehicle described in this subsection or to any farm trailer owned by the owner or lessee of the farm on which the trailer is used, when the trailer is used by the owner of the trailer for the purpose of moving farm produce and livestock from the farm along a public highway for a distance not to exceed twenty-five miles to a storage house or packing plant, when the use is a seasonal operation:
(A) The exemptions contained in this section also apply to farm machinery and tractors: Provided, That the machinery and tractors may use the highways in going from one tract of land to another tract of land regardless of whether the land is owned by the same or different persons;
(B) Any vehicle exempted under this subsection from the requirements of annual registration certificate and license plates and fees for the registration certificate and license plate may not use the highways between sunset and sunrise unless the vehicle is classified as a Class A motor vehicle with a farm-use exemption under the provisions of section one, article ten of this chapter and has a valid and current inspection sticker as required by the provisions of article sixteen, chapter seventeen-c of this code and is traveling from one tract of land to another over a distance of twenty-five miles or less;
(C) Any vehicle exempted under this section subdivision from the requirements of annual registration certificate and license plates may use the highways as provided in this section whether the exempt vehicle is self-propelled, towed by another exempt vehicle or towed by another vehicle required to be registered;
(D) Any vehicle used as an implement of husbandry exempt under this section shall have the words "farm use" affixed to both sides of the implement in ten-inch letters. Any vehicle which would be subject to registration as a Class A or B vehicle if not exempted by this section shall display a farm-use exemption certificate on the lower driver's side of the windshield:
(i) The farm-use exemption certificate shall be provided by the Commissioner and shall be issued annually by the assessor of the applicant's county of residence. The assessor shall issue a farm-use exemption certificate to the applicant upon his or her determination pursuant to an examination of the property books or documentation provided by the applicant that the vehicle has been properly assessed as Class I personal property. The assessor shall charge a fee of two dollars for each certificate, which shall be retained by the assessor;
(ii) A farm-use exemption certificate shall not exempt the applicant from maintaining the security required by chapter seventeen-d of this code on any vehicle being operated on the roads or highways of this state;
(iii) No person charged with the offense of operating a vehicle without a farm-use exemption certificate, if required under this section, may be convicted of the offense if he or she produces in court, or in the office of the arresting officer, a valid farm-use exemption certificate for the vehicle in question within five days;
(3) Any vehicle which is propelled exclusively by electric power obtained from overhead trolley wires though not operated upon rails;
(4) Any vehicle of a type subject to registration which is owned by the government of the United States;
(5) Any wrecked or disabled vehicle towed by a licensed wrecker or dealer on the public highways of this state;
(6) The following recreational vehicles are exempt from the requirements of annual registration, license plates and fees, unless otherwise specified by law, but are subject to the certificate of title provisions of this chapter regardless of highway use: Motorboats, all-terrain vehicles, except all-terrain vehicles used off of private property and snowmobiles; and
(7) Any special mobile equipment as defined in subsection (r), section one, article one of this chapter.
(b) Notwithstanding the provisions of subsection (a) of this section:
(1) Mobile homes or manufactured homes are exempt from the requirements of annual registration, license plates and fees;
(2) House trailers may be registered and licensed; and
(3) Factory-built homes are subject to the certificate of title provisions of this chapter.
(c) The Division shall title and register low-speed vehicles if the manufacturer's certificate of origin clearly identifies the vehicle as a low-speed vehicle. The Division may not title or register homemade low-speed vehicles or retrofitted golf carts and such vehicles do not qualify as low-speed vehicles in this state. In addition to all other motor vehicle laws and regulations, except as specifically exempted below, low-speed vehicles are subject to the following restrictions and requirements:
(1) Low-speed vehicles shall only be operated on private roads and on public roads and streets within the corporate limits of a municipality where the speed limit is not more than twenty-five miles per hour;
(2) Notwithstanding any provisions in this code to the contrary, low-speed vehicles shall meet the requirements of 49 C.F.R. §571.500 (2003);
(3) In lieu of annual inspection, the owner of a low-speed vehicle shall, upon initial application for registration and each renewal thereafter, certify under penalty of false swearing, that all lights, brakes, tires and seat belts are in good working condition; and
(4) Any person operating a low-speed vehicle must hold a valid driver's license, not an instruction permit.
ARTICLE 10. FEES FOR REGISTRATION, LICENSING, ETC.

§17A-10-1. Classification of vehicles for purpose of registration.

Vehicles subject to registration under the provisions of this chapter shall be placed in the following classes for the purpose of registration:
Class A. Motor vehicles of passenger type and trucks with a gross weight of not more than eight thousand pounds;
Class B. Motor vehicles designated as trucks with a gross weight of more than eight thousand pounds, truck tractors or road tractors;
Class C. All trailers and semitrailers, except house trailers and trailers or semitrailers designed to be drawn by Class A motor vehicles and having a gross weight of less than two thousand pounds;
Class G. Motorcycles, all-terrain vehicles used off of private property and parking enforcement vehicles;
Class H. Motor vehicles operated regularly for the transportation of persons for compensation under a certificate of convenience and necessity or contract carrier permit issued by the Public Service Commission;
Class J. Motor vehicles operated for transportation of persons for compensation by common carriers, not running over a regular route or between fixed termini;
Class M. Mobile equipment as defined in subdivision (oo), section one, article one of this chapter;
Class R. House trailers;
Class T. Trailers or semitrailers of a type designed to be drawn by Class A vehicles and having a gross weight of less than two thousand pounds; and
Class Farm Truck. Motor vehicles designated as trucks having a minimum gross weight of more than eight thousand pounds and a maximum gross weight of eighty thousand pounds, used exclusively in the conduct of a farming business, engaged in the production of agricultural products by means of: (a) The planting, cultivation and harvesting of agricultural, horticultural, vegetable or other products of the soil; or (b) the raising, feeding and care of livestock, poultry, bees and dairy cattle. A farm truck may be used only for the transportation of agricultural products produced by the owner of the truck, for the transportation of agricultural supplies used in the production or for private passenger use.
§17A-10-3. Registration fees for vehicles equipped with pneumatic tires.
The following registration fees for the classes indicated shall be paid to the Division for the registration of vehicles subject to registration under this chapter when equipped with pneumatic tires:
(a) Registration fees for the following classes shall be paid to the Division annually:
(1) Class A. -- The registration fee for all motor vehicles of this class is twenty-eight dollars and fifty cents: Provided, That the registration fees and any other fees required by this chapter for Class A vehicles under the optional biennial staggered registration system shall be multiplied by two and paid biennially to the Division.
No license fee may be charged for vehicles owned by churches, or by trustees for churches, which are regularly used for transporting parishioners to and from church services. Notwithstanding the exemption, the certificate of registration and license plates shall be obtained the same as other cards and plates under this article.
(2) Class B. -- The registration fee for all motor vehicles of this class is as follows:
(A) For declared gross weights of eight thousand one pounds to sixteen thousand pounds -- twenty-eight dollars plus five dollars for each one thousand pounds or fraction of one thousand pounds that the gross weight of the vehicle or combination of vehicles exceeds eight thousand pounds.
(B) For declared gross weights greater than sixteen thousand pounds, but less than fifty-five thousand pounds -- seventy-eight dollars and fifty cents plus ten dollars for each one thousand pounds or fraction of one thousand pounds that the gross weight of the vehicle or combination of vehicles exceeds sixteen thousand pounds.
(C) For declared gross weights of fifty-five thousand pounds or more -- seven hundred thirty-seven dollars and fifty cents plus fifteen dollars and seventy-five cents for each one thousand pounds or fraction of one thousand pounds that the gross weight of the vehicle or combination of vehicles exceeds fifty-five thousand pounds.
(3) Class G. -- The registration fee for each motorcycle or parking enforcement vehicle is eight dollars and the registration fee for an all-terrain vehicle used off of private property is ten dollars.
(4) Class H. -- The registration fee for all vehicles for this class operating entirely within the state is five dollars; and for vehicles engaged in interstate transportation of persons, the registration fee is the amount of the fees provided by this section for Class B, reduced by the amount that the mileage of the vehicles operated in states other than West Virginia bears to the total mileage operated by the vehicles in all states under a formula to be established by the Division of Motor Vehicles.
(5) Class J. -- The registration fee for all motor vehicles of this class is eighty-five dollars. Ambulances and hearses used exclusively as ambulances and hearses are exempt from the special fees set forth in this section.
(6) Class M. -- The registration fee for all vehicles of this class is seventeen dollars and fifty cents.
(7) Class farm truck. -- The registration fee for all motor vehicles of this class is as follows:
(A) For farm trucks of declared gross weights of eight thousand one pounds to sixteen thousand pounds -- thirty dollars.
(B) For farm trucks of declared gross weights of sixteen thousand one pounds to twenty-two thousand pounds -- sixty dollars.
(C) For farm trucks of declared gross weights of twenty-two thousand one pounds to twenty-eight thousand pounds -- ninety dollars.
(D) For farm trucks of declared gross weights of twenty-eight thousand one pounds to thirty-four thousand pounds -- one hundred fifteen dollars.
(E) For farm trucks of declared gross weights of thirty-four thousand one pounds to forty-four thousand pounds -- one hundred sixty dollars.
(F) For farm trucks of declared gross weights of forty-four thousand one pounds to fifty-four thousand pounds -- two hundred five dollars.
(G) For farm trucks of declared gross weights of fifty-four thousand one pounds to eighty thousand pounds -- two hundred fifty dollars: Provided, That the provisions of subsection (a), section eight, article one, chapter seventeen-e do not apply if the vehicle exceeds sixty-four thousand pounds and is a truck tractor or road tractor.
(b) Registration fees for the following classes shall be paid to the Division for a maximum period of three years, or portion of a year based on the number of years remaining in the three-year period designated by the Commissioner:
(1) Class R. -- The annual registration fee for all vehicles of this class is twelve dollars.
(2) Class T. -- The annual registration fee for all vehicles of this class is eight dollars.
(c) The fees paid to the Division for a multiyear registration provided for by this chapter shall be the same as the annual registration fee established by this section and any other fee required by this chapter multiplied by the number of years for which the registration is issued.
(d) The registration fee for all Class C vehicles is fifty dollars. On or before the first day of July, two thousand, all Class C trailers shall be registered for the duration of the owner's interest in the trailer and do not expire until either sold or otherwise permanently removed from the service of the owner.



NOTE: The purpose of this bill is to require all-terrain vehicles used off of private property to be registered with the Division of Motor Vehicles and to be subject to an annual registration fee of ten dollars.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

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