ENGROSSED
Senate Bill No. 438
(By Senators Felton, Withers and Helmick)
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[Introduced March 22, 1993;
referred to the Committee on Transportation.]
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A BILL to amend and reenact section four, article sixteen,
chapter seventeen-c of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
exempting certain vehicles from the vehicle periodical
inspection requirements except upon transfer of title;
imposing a fifteen dollar fee on transfers of title; and
directing proceeds to division of motor vehicles and
division of public safety.
Be it enacted by the Legislature of West Virginia:
That section four, article sixteen, chapter seventeen-c of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 16. INSPECTION OF VEHICLES.
§17C-16-4. Commissioner to require periodical inspection;
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 be inspected and that anofficial certificate of inspection and approval be obtained for
each such vehicle, except those vehicles classified as Class A
and Class B under the provisions of section one, article ten,
chapter seventeen-a of this code shall be inspected only upon the
transfer of title. For each transfer of title, the commissioner
shall collect a fee of fifteen dollars. The commissioner shall
deposit one third of said fee collected into a special revenue
account established in the office of the treasurer and the moneys
in the special revenue account shall be used to support expenses
associated with the administration of the transfer of title
program and other expenses associated with the operation of the
division of motor vehicles. The commissioner shall deposit two
thirds of said fee collected into a special revenue account
established in the office of the treasurer and the moneys in the
special revenue account shall be utilized by the superintendent
of the division of public safety for maintenance of public
highways, including road patrol, traffic and traffic court
activities of the division of public safety and for services
performed relating to the duties and obligations of the division
of motor vehicles.
Such inspections shall be made and such certificates
obtained with respect to the mechanism, brakes and equipment of
every such vehicle as shall be designated 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 time
during which owners of any vehicles, subject to this section,
shall display upon such vehicles certificates of inspection andapproval 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 this chapter
and may extend the time within which a certificate shall 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 condition as to
constitute 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.