Senate Bill No. 11
(By Senator Blatnik)
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[Introduced February 10, 1993; referred
to the Committee on Transportation.]
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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.