Senate Bill No. 11

(By Senator Blatnik)

__________

[Introduced February 10, 1993; referred

to the Committee on Transportation.]

__________




A BILL to amend and reenact section three, article two-a, chapter seventeen-d of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the motor vehicle safety responsibility law; and requiring nonresident owners, registrants and operators of motor vehicles in this state to maintain proof of financial responsibility.

Be it enacted by the Legislature of West Virginia:
That section three, 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-3. Required security; exceptions.

Every owner or registrant of a motor vehicle required to be registered and licensed in this state shall maintain security as hereinafter provided in effect continuously throughout the registration or licensing period except in case of a periodic use or seasonal vehicle, in which case the owner or registrant isrequired to maintain security upon the vehicle only for the portion of the year the vehicle is in actual use. As used in this section, a periodic use or seasonal vehicle means a recreational vehicle, antique motor vehicle, motorcycle or other motor vehicle which is stored part of the year and used seasonally.
Every nonresident owner or registrant of a motor vehicle, which is operated upon any road or highway of this state and which has been physically present within this state for more than thirty days during the preceding three hundred sixty-five days, shall thereafter maintain security as hereinafter provided in effect continuously throughout the period such in excess of thirty days during the preceding year motor vehicle remains within this state on a regular or consistent basis or which is physically within this state for more than thirty days in any year shall obtain and maintain security as required of resident owners and registrants under the provisions of this article. Effective the first day of January, one thousand nine hundred ninety-four, every nonresident operator engaged in the operation of any motor vehicle upon any road or highway of this state at any time shall have in effect, at all times during the operation of the motor vehicle, proof of financial responsibility in any form which meets or exceeds the proof of financial responsibility required of resident operators. Nonresident operators shall maintain proof of financial responsibility in the motor vehicle being operated on the roads and highways of this state and shallpresent this proof of financial responsibility to any law enforcement officer upon request. The commissioner of the division of highways shall place appropriate signs along all roads and highways leading into this state at locations along the states' borders giving notice to nonresident motor vehicle operators of the provisions of this section which require nonresident motor vehicle operators to have proof of financial responsibility in the motor vehicle.
No person shall knowingly drive or operate upon any road or highway in this state any motor vehicle upon which security is required by the provisions of this article unless such security is in effect.
Such security shall be provided by one of the following methods:
(a) By an insurance policy delivered or issued for the delivery in this state by an insurance company authorized to issue vehicle liability and property insurance policies in this state within limits which shall be no less than the requirements of section two, article four, chapter seventeen-d of this code; or
(b) By any other method approved by the commissioner of the department of motor vehicles of this state as affording security equivalent to that offered by a policy of insurance, including qualification as a self-insurer under the provisions of section two, article six, chapter seventeen-d; or
(c) By depositing with the state treasurer such cash orother securities in the manner set forth in section sixteen, article four, chapter seventeen-d of this code.
The requirements of this section apply to every registered and licensed vehicle upon the next application for renewal of license following the effective date of this section: Provided, That this article shall not apply to any motor vehicle owned by the state or by a political subdivision of this state, nor to any motor vehicle owned by the federal government.



NOTE: The purpose of this bill is to require nonresident motor vehicle operators to maintain proof of financial responsibility in the motor vehicle being operated by them in this state. The bill also requires the Commissioner of the Division of Highways to post appropriate signs giving notice of this requirement to nonresident motorists.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.