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.

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 an official 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 of this code shall be inspected only upon thetransfer of title.
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 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 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.

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(NOTE: The purpose of this bill is to require that all Class A and Class B motor vehicles be inspected only upon the transfer of title.)