H. B. 3134
(By Delegate Barker By Request)
[Introduced March 22, 2005; referred to the
Committee on Political Subdivisions the the Judiciary.]
A BILL to amend and reenact §17C-6-7 of the Code of West Virginia,
1931, as amended, relating to
allowing Class IV
municipalities' radar readings to be used as prima facie
evidence of the speed of a vehicle.
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; 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 West Virginia State Police, by police officers of incorporated municipalities in classes one, two, and three and
four, 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 vehicle.
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.
The purpose of this bill is to
allow Class IV
municipalities' radar readings to be used as prima facie evidence
of the speed of a vehicle.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would