COMMITTEE SUBSTITUTE
FOR
H. B. 2586
(By Delegates Carper and Warner)
(Originating in the House Committee on Roads and
Transportation)
[March 24, 1993]
A BILL to amend article three, chapter seventeen-a of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
twenty-four, relating to motor vehicle registration; waiver
of any permits, authorities or licenses required to operate
a motor vehicle in this state during times of declared
emergencies; conditions and requirements; statement of
purpose; length of emergency waiver period; and authorizing
the commissioner of motor vehicles to promulgate rules.
Be it enacted by the Legislature of West Virginia:
That article three, chapter seventeen-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
twenty-four, to read as follows:
ARTICLE 3. ORIGINAL AND RENEWAL OF REGISTRATION; ISSUANCE OF
CERTIFICATES OF TITLE.
§17A-3-24. Emergency waiver of registration and licensing
requirements; conditions and limitations; statement
of purpose; length of emergency waiver period;
promulgation of rules.
(a) The governor may authorize the commissioner of motor
vehicles or his or her designee to waive temporarily any
requirements under the provisions of this chapter, or any other
provision of this code relating to any permits, authorizations or
licenses required to operate a motor vehicle in this state:
Provided,
That such temporary waiver shall be for the sole
purpose of facilitating the response of motor carriers providing
humanitarian relief during time of emergency officially declared
by the president of the United States, the governor of this state
or the chief executive of any other state or jurisdiction:
Provided, however,
That the following conditions are satisfied:
(1) The driver of any such vehicle shall be properly
licensed in his state of residency;
(2) The motor vehicle to be operated is properly licensed
and registered in this or any other state; and
(3) The motor vehicle to be operated satisfies all motor
vehicle insurance requirements or provisions of its state of
registration.
(b) Proof of the insurance required by subdivision (3),
subsection (a) of this section shall be carried in the cab of the
motor vehicle.
(c) Any motor vehicle operating pursuant to this section
shall be issued a statement from the person or entity authorizing
the transport of such goods or materials certifying that themotor carrier is providing humanitarian relief without
compensation on volunteer basis and including a description of
materials or goods being transported during the time of declared
emergency while it is in this state. Such statement shall be
carried in the cab of the motor vehicle and be made available
for inspection upon request of the commissioner, any of his or
her designees, or any law enforcement officer.
(d) The commissioner of motor vehicles shall determine at
the time the temporary waiver is issued the length of time such
waiver shall be in effect.
(e) The commissioner shall promulgate rules in accordance
with the provisions of chapter twenty-nine-a of this code
regarding the implementation of the requirements of this section.