H. B. 4010
(By Delegate Osborne)
[Introduced January 10, 1996; referred to the
Committee on Roads and Transportation.]
A BILL to amend and reenact section nine, article sixteen,
chapter seventeen-c of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
abolishing the extra period in which a motor vehicle
operator has the opportunity to obtain an inspection sticker
if he or she receives a citation.
Be it enacted by the Legislature of West Virginia:
That section nine, 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-16-9. Operation without certificate or failure to produce
certificate; penalty for misdemeanor.
It is a misdemeanor for any owner or operator, or both owner and operator, of any vehicle required to be inspected under
subsection (a), section four of this article, to operate or
permit to be operated such vehicle without having displayed
thereon a current and valid certificate of inspection and
approval or fail to produce same upon demand of any authorized
person as designated under said subsection: Provided, That a
dealer licensed to sell new vehicles under the provision of
article six, chapter seventeen-a of this code shall not be
required to display a certificate of inspection and approval
upon any new vehicle if the vehicle is driven for an operational
purpose including all activities associated with dealer
preparation for sale of a motor vehicle belonging to such dealer
when such vehicle has not been titled or delivered to a
purchaser, and when such car is not to be used in the
demonstrator fleet or otherwise routinely driven on the highways
or roads of this state.
Unless another penalty is by the laws of this state
provided, every person convicted of a misdemeanor for operating
a vehicle without having displayed thereon a current and valid
certificate of inspection and approval or for failure to produce
such certificate upon demand of an authorized person shall be
punished by a fine of not more than one hundred dollars.
Provided, That any person who obtains an inspection and a current
and valid certificate of inspection and who, within five days of
the issuance of a citation for a violation of the provisions of
this section, provides a receipt of inspection to and makes the
vehicle so operated available for examination by a court of
competent jurisdiction, shall not be guilty of a violation of the
provisions of this section: Provided, however, That the
misdemeanor penalty shall be imposed if the certificate of
inspection has not been valid for a period exceeding three months
prior to the date of the issuance of a citation
NOTE: The purpose of this bill is to abolish the extra
period in which a motor vehicle operator has the opportunity to
obtain an inspection sticker if he or she receives a citation.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.