H. B. 2716
(By Delegates Leggett, Willison, Louisos and Hendricks)
[Introduced March 25, 1993; referred to the
Committee on Roads and Transportation.]
A BILL to amend and reenact section three-a, article three,
chapter seventeen-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; and to amend
and reenact section four, article sixteen, chapter
seventeen-c of said code, all relating to motor vehicle
registration and inspections; providing that applicants for
registration must show proof of inspection; and providing
that the issuance of a registration is sufficient proof that
the motor vehicle has been inspected.
Be it enacted by the Legislature of West Virginia:
That section three-a, article three, chapter seventeen-a of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted; and that section four,
article sixteen, chapter seventeen-c of said code be amended and
reenacted, all to read as follows:
CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION,
CERTIFICATE OF TITLE, AND ANTITHEFT PROVISIONS.
ARTICLE 3. ORIGINAL AND RENEWAL OF REGISTRATION; ISSUANCE OF
CERTIFICATES OF TITLE.
§17A-3-3a. Payment of personal property taxes prerequisite to
registration or renewal; duties of assessors;
schedule of automobile values; inspection
certificate required; and proof of inspection.
Certificates of registration and renewal of registration of
any vehicle or registration plates therefor shall not be issued
or furnished by the department of motor vehicles, or any other
officer charged with such duty, unless the applicant therefor,
except an applicant exempt from payment of registration fees
under section eight, article ten of this chapter, has furnished
the receipt hereinafter provided to show full payment of the
personal property taxes for the calendar year which immediately
precedes the calendar year in which application is made on all
vehicles which were registered with the department of motor
vehicles in the applicant's name on the tax day for the former
calendar year. If the applicant contends that any vehicle so
registered was not subject to personal property taxation for that
year, he shall furnish such information and evidence as the
commissioner of motor vehicles may require to substantiate his
contention.
The assessor shall require any person having a duty to make
a return of property for taxation to him to furnish information
identifying each vehicle subject to the registration provisions
of this chapter. When the property taxes on any such vehicleshall have been paid, the officer to whom the payment was made
shall deliver to the person paying such taxes a written or
printed receipt therefor, and shall retain for his records a
duplicate of such receipt. It shall be the duty of the assessor
and sheriff, respectively, to see that the assessment records and
the receipts contain information adequately identifying the
vehicle as registered under the provisions of this chapter. The
officer receiving payment shall sign each receipt in his own
handwriting.
The assessors shall commence their duties hereunder during
the tax year one thousand nine hundred fifty-seven and the
department of motor vehicles shall commence its duties hereunder
as of the first day of January, one thousand nine hundred fifty-
eight.
The state tax commissioner shall annually compile a schedule
of automobile values, based on the lowest values shown in a
nationally accepted used car guide, which schedule shall be
furnished to each assessor and shall be used by him as a guide in
placing the assessed values on all automobiles in his county.
Effective with the application for and at each renewal date
thereafter, a motor vehicle, required to be inspected, may not be
registered until the applicant for a certificate of registration
or renewal of registration or registration plates furnishes to
the commissioner a certificate of inspection required under the
provisions of section four, article sixteen of chapter seventeen-
c of this code. Issuance of the certificate of registration,renewal of registration or registration plates is proof that the
motor vehicle has been inspected. No other indicia of proof of
inspection is required to be placed on any motor vehicle subject
to the provisions of this chapter and chapter seventeen-c of this
code.
CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD.
ARTICLE 16. INSPECTION OF VEHICLES.
§17C-16-4. Commissioner to require periodical inspection to
coincide with annual registration; acceptance of
certificate of inspection from another state;
suspension of registration of unsafe vehicles.
(a) The commissioner of motor vehicles shall once each year
require that Every motor vehicle, trailer, semitrailer, and pole
trailer registered in this state must be inspected and that an
official certificate of inspection and approval be obtained for
each such vehicle issued to the owner on an annual basis to
coincide with the registration of a motor vehicle and the annual
renewal of the motor vehicle registration provided in section
three-a, article three, chapter seventeen-a of this code.
Such Inspections shall be made and such certificates
obtained issued with respect to the mechanism, brakes, and
equipment of every such vehicle as shall be designated required
by the commissioner.
The commissioner is hereby authorized to make necessary
rules and regulations for the administration and enforcement of
this section. and to designate any period or periods of timeduring which owners of any vehicles, subject to this section,
shall display upon such vehicles certificates of inspection and
approval or shall produce the same upon demand of any officer or
employee of the department designated by the commissioner or any
police or peace officer when authorized by the commissioner.
(b) The commissioner may authorize the acceptance in this
state of a certificate of inspection and approval issued in
another state having an inspection law similar to the provisions
of this chapter and may extend the time within which a
certificate shall is to be obtained by the resident owner of a
vehicle which was not in this state during the time an inspection
was required.
(c) The commissioner may suspend the registration of any
vehicle which he determines is in such unsafe a condition as to
constitute which constitutes a menace to safety or which after
notice and demand is not equipped as required in this chapter or
for which a required certificate has not been obtained.
NOTE: The purpose of this bill is to provide that annual
motor vehicle inspections coincide with the annual motor vehicle
registration and renewal process.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.