H. B. 2592
(By Delegates Talbott and Paxton)
[Introduced March 15, 1993; referred to the
Committee on Roads and Transportation.]
A BILL to amend and reenact section four, article two-a, chapter
seventeen-d of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the certificate
of insurance to be affixed to motor vehicle windshields.
Be it enacted by the Legislature of West Virginia:
That section four, article two-a, chapter seventeen-d of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 2A. SECURITY UPON MOTOR VEHICLES.
§17D-2A-4. Certificate of insurance.
(a) All insurance carriers transacting insurance in this
state shall supply a certificate to the insured or to any person
subject to the registration provisions of article three, chapter
seventeen-a of this code, certifying that there is in effect a
motor vehicle liability policy upon such motor vehicle in
accordance with the provisions of article three, chapter
seventeen-a of this code. The certificate of insurance shall bea decal to be affixed to the windshield of a motor vehicle and
shall contain the serial number and make and model of the insured
vehicle, and a number, one through twelve, which identifies the
month of purchase of liability insurance. The certificate of
insurance shall be color coded to identify the length of purchase
of insurance coverage with the color red to identify insurance
coverage purchased for a period of three months, the color blue
to identify insurance coverage purchased for a period of six
months and the color green to identify insurance coverage
purchased for a period of one year. A certificate of insurance
mandated by this article shall be provided for each vehicle
insured: Provided, That an insured is not guilty of a violation
of this section if he or she furnishes proof that such insurance
was in effect within seven days of being cited for not displaying
such decal. As used in this section, proof of insurance means a
decal, an insurance policy, a mechanically reproduced copy of an
insurance policy, or a certificate of self insurance. The
certificate shall give its effective date and the effective date
of the policy and, unless the policy is issued to a person who is
not the owner of a motor vehicle, must designate by explicit
description, in such detail as the commissioner of the department
of motor vehicles shall by rule require, all motor vehicles
covered and all replacement vehicles of similar classification:
Provided, That on and after the first day of July, one thousand
nine hundred eighty-four, insurance companies shall supply a
certificate of insurance in duplicate for each policy term andfor each vehicle included in a policy, except for those listed in
a fleet policy. Each such certificate of insurance shall list
the name of the policyholder and the name of the vehicle owner if
different from the policyholder.
The certificate must specify for each vehicle listed
therein, that there is a minimum liability insurance coverage not
less than the requirements of section two, article four, chapter
seventeen-d of this code.
(b) The certificate provided pursuant to the provisions of
this section or other proof of insurance shall be carried by the
insured in the appropriate vehicle for use as proof of security,
and must be presented at the time of vehicle inspection as
required by article sixteen, chapter seventeen-c of this code:
Provided, That an insured shall not be guilty of a violation of
this subsection (b) if he furnishes proof that such insurance was
in effect within seven days of being cited for not carrying such
certificate or other proof in such vehicle. As used in this
section, proof of insurance means a certificate of insurance, an
insurance policy, a mechanically reproduced copy of an insurance
policy or a certificate of self-insurance.
NOTE: The purpose of this bill is to require color coded
certificates of insurance to be placed on the windshield of the
insured motor vehicle.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.