H. B. 4490
(By Delegates Talbott, Gallagher, Clements,
Trump, Preece, Kelley and Kallai
)
(Originating in the House Committee on Finance)
[February 28, 1996]
A BILL to amend article two-a, chapter seventeen-d of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended; by adding thereto a new section, designated section
five-a; to amend and reenact section six of said article
two-a; to amend and reenact section three, article three,
chapter seventeen-a; to amend and reenact section seven,
article nine of said chapter; and to amend and reenact
section nine, article three, chapter seventeen-b, all
relating to surrender of registration plate or notification
upon canceling insurance coverage; establishing a
verification process; suspension of motor vehicle
registration; judicial review of suspension; reinstatement
fees; allowing law enforcement officers to stop vehicles
solely to inquire as to certificate of insurance; requiring
a court to look at other documentation security upon motor
vehicles; establishing an uninsured motorist identification
database program; providing for administration of and duties
regarding the database developed thereunder; setting a cap
on the amount which may be expended for the data base; and
authorizing rule making by the division of motor vehicles.
Be it enacted by the Legislature of West Virginia:
That article two-a, chapter seventeen-d of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
five-a; to amend and reenact section six of said article two-a;
to amend and reenact section three, article three, chapter
seventeen-a; to amend and reenact section seven, article nine of
said chapter; and to amend and reenact section nine, article
three, chapter seventeen-b be amended and reenacted, all to read
as follows:
CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION,
CERTIFICATE OF TITLE, AND ANTITHEFT PROVISIONS.
ARTICLE 3. ORIGINAL AND RENEWAL OF REGISTRATION; ISSUANCE OF
CERTIFICATES OF TITLE.
§17A-3-3. Application for registration; statement of insurance
or other proof of security to accompany
application; criminal penalties; fees; special
revolving fund.
(a) Every owner of a vehicle subject to registration
hereunder shall make application to the department division for
the registration thereof upon the appropriate form or forms
furnished by the department division and every such application
shall bear the signature of the owner or his or her authorized
agent, written with pen and ink, and said application shall
contain:
(1) The name, bona fide residence and mailing address of theowner, the county in which he or she resides, or business address
of the owner if a firm, association or corporation.
(2) A description of the vehicle including, insofar as the
hereinafter specified data may exist with respect to a given
vehicle, the make, model, type of body, the manufacturer's serial
or identification number or other number as determined by the
commissioner.
(3) In the event a motor vehicle is designed, constructed,
converted or rebuilt for the transportation of property, the
application shall include a statement of its declared gross
weight if such motor vehicle is to be used alone, or if such
motor vehicle is to be used in combination with other vehicles,
the application for registration of such motor vehicle shall
include a statement of the combined declared gross weight of such
motor vehicle and the vehicles to be drawn by such motor vehicle;
declared gross weight being the weight declared by the owner to
be the actual combined weight of the vehicle or combination of
vehicles and load when carrying the maximum load which the owner
intends to place thereon; and the application for registration of
each such vehicle shall also include a statement of the distance
between the first and last axles of that vehicle or combination
of vehicles. The declared gross weight stated in the application
shall not exceed the permissible gross weight for the axle
spacing listed therein as determined by the table of permissible
gross weights contained in chapter seventeen-c of this code; and
any vehicle registered for a declared gross weight as stated in
the application shall be subject to the single-axle load limitset forth in chapter seventeen-c of this code.
(4) Each such applicant shall state whether such vehicle is
or is not to be used in the public transportation of passengers
or property, or both, for compensation, and if so used, or to be
used, the applicants shall so certify, and shall, as a condition
precedent to the registration of such vehicle, obtain a
certificate of convenience, or permit from the public service
commission.
(5) A statement under penalty of false swearing that
liability insurance is in effect and will continue to be in
effect through the entire term of the vehicle registration period
within limits which shall be no less than the requirement of
section two, article four, chapter seventeen-d of this code,
which statement shall contain the name of the applicant's
insurer, the name of the agent or agency which issued the policy
and the effective date of the policy, and such other information
as may be required by the commissioner of motor vehicles, or that
the applicant has qualified as a self-insurer meeting the
requirements of section two, article six, chapter seventeen-d of
the code and that as a self-insurer he or she has complied with
the minimum security requirements as established in section two,
article four of said chapter seventeen-d, or that such applicant
has submitted bond or other security approved by the commissioner
of motor vehicles which shall provide the equivalent of the
policy of insurance herein specified, or that the applicant has
submitted the required cash or other securities with the state
treasurer as set forth in the provisions of section sixteen,article four of said chapter seventeen-d of this code.
(A) Intentional lapses of insurance coverage.
(i) In the case of a periodic use or seasonal vehicle, as
defined in section three, article two-a, chapter seventeen-d, the
owner may provide, in lieu of other statements required by this
section, a statement, under penalty of false swearing, that
liability insurance is in effect during the portion of the year
the vehicle is in actual use, within limits which shall be no
less than the requirements of section two, article four, chapter
seventeen-d of this code, and other information relating to the
seasonal use, on a form designed and provided by the department
division.
(ii) Any registrant who prior to expiration of his or her
vehicle registration drops or cancels insurance coverage for any
reason other than periodic or seasonal use shall either surrender
the registration plate or, shall by certified mail notify the
division of the cancellation. Such notice shall contain a
statement under penalty of false swearing that the vehicle will
not be operated on the roads or highways of this state.
(iii) The registration of any vehicle upon which insurance
coverage has been dropped or canceled under subsection (ii) shall
be reinstated upon submission of current proof of insurance and
payment of the duplicate plate fee prescribed by this chapter.
(B) Verification Process.
The department shall periodically select for verification,
on a random sample basis, not fewer than one percent of the
statements of liability insurance required by this section. Thedivision shall select no fewer than one percent of the total
number of motor vehicles registered annually for a random sample
verification of current insurance coverage. The division may
also select an owners statement of insurance submitted at the
time of registration or registration renewal for verification.
Random sample verification of current insurance coverage
shall be conducted on a monthly basis. The basis for each sample
shall be the entire registered motor vehicle base. The selection
of a registration for random sample verification shall not
preclude the registration from being selected again in any
subsequent month.
The division shall notify the registrant by regular mail
that he or she has twenty days to provide the division with proof
of insurance indicating current insurance coverage on the
indicated vehicle as of the date of the notice. Such information
shall be verified with the indicated insurance company as
provided in this section or in the case of a verification of the
original owner's statement of insurance, proof of insurance as of
the date of submission of the owner's statement.
When a statement or registration is selected for
verification, the department division shall forward the
information provided on the statement by the registrant to the
listed insurer. The insurer shall notify the department
division, by such form as the commissioner may require, within
thirty twenty calendar days if the liability insurance is or is
not in effect, as required by this section.
The department division may select for verification anystatement of liability insurance submitted by a person who has
previously been convicted or whose registration or driver's
license has been suspended of for violating the provisions of
section three, article two-a, chapter seventeen-d of this code,
or whose statements of liability insurance have previously been
found to be incorrect. The department division may also
determine the correctness of information relating to proof of
other security satisfying the requirements of this section.
If the department determines through the verification
process that there is no liability insurance in effect, then
within fifteen days of receipt of notice from the insurer, the
commissioner of motor vehicles shall inform the registrant that
the department of motor vehicles has received the notice from the
insurer. This information shall be sent by regular mail and
shall request verification of insurance or a statement from the
registrant, under penalty of false swearing, that cancellation
will not result in the operation of an uninsured vehicle upon the
highways of this state, and this verification shall be returned
to the commissioner within twenty days of the date of mailing.
Following the twenty-day period, if the registrant has not
responded, or the division determines through the verification
process with the insurance company that there is or was no
liability insurance in effect, and the registrant has not
complied with the provisions of intentional lapse of insurance
then the commissioner shall send a notice of pending suspension
of the motor vehicle registration and the suspension of the owner
or owner's driver's license to the registrant by certified mail. The notice of pending suspension shall grant the registrant an
additional twenty days from the date of the mailing to provide
verification of current proof of insurance as of the original
notice date insurance or other requested information to the
commissioner. Following this twenty-day period, if the
registrant fails to provide proof of current insurance coverage
as of the date of the original notice, an order of suspension
shall be directed to the superintendent by the commissioner as
provided in section seven, article nine, chapter seventeen-a of
this code. The commissioner shall suspend the motor vehicle
registration until current proof of insurance is received and
shall suspend the driver's license of the owner or owners of the
motor vehicle for a period of ninety days: Provided, That
whenever the commissioner determines that the vehicle was
actually insured despite the receipt of a notice from the
insurer, or the license plate was surrendered to the division
upon cancellation of coverage or that the registrant complied
with the intentional lapse of coverage notice provisions the and
the registrant, under penalty of false swearing produces a
statement that cancellation will not result in the operation of
an uninsured vehicle upon the highways of this state, or produces
verification of insurance, suspension shall be withdrawn and any
fees collected by the state shall be returned. The registrant
shall be given notice and afforded an opportunity for hearing and
judicial review thereof in accordance with the provisions of
subsection (c), section seven, article two, chapter seventeen-d
of this code. Upon the timely written request of a person whosevehicle registration or driver's license is suspended under the
provisions of this section, the commissioner shall stay the
suspension, and afford the person an opportunity to be heard.
The written request must be filed with the commissioner in
person, by registered or certified mail, return receipt
requested, within ten days after receipt of a copy of the order
of suspension.
If the commissioner finds to the contrary with respect to
the above issues, the commissioner shall rescind his or her
earlier order of suspension.
A copy of the commissioner's order made and entered
following the hearing shall be served on the person by registered
or certified mail, return receipt requested. During the pendency
of any such hearing, the revocation of the person's license to
operate a motor vehicle in this state shall be stayed. If the
commissioner shall, after hearing, make and enter an order
affirming the commissioner's earlier order of revocation, the
person shall be entitled to judicial review as set forth in
chapter twenty-nine-a of this code, except that the commissioner
shall not stay enforcement of the order; and, pending the appeal,
the court may grant a stay or supersedeas of the order only upon
motion and hearing, and a finding by the court upon the evidence
presented, that there is a substantial probability that the
appellant shall prevail upon the merits, and the appellant will
suffer irreparable harm if the order is not stayed: Provided,
That in no event shall the stay or supersedeas of the order
exceed thirty days.
(C) If any person making an application required under the
provisions of this section, therein knowingly provides false
information, false proof of security or a false statement of
insurance, or if any person, including an applicant's insurance
agent, knowingly counsels, advises, aids or abets another in
providing false information, false proof of security, or a false
statement of insurance in such application, he is guilty of a
misdemeanor, and, upon conviction thereof, shall be fined not
more than five hundred dollars, or be imprisoned in the county
jail for a period not to exceed fifteen days, or both fined and
imprisoned, and in addition to such fine or imprisonment shall
have his operator's or chauffeur's license and vehicle
registration suspended for a period of six months.
(6) Such further information as may reasonably be required
by the department division to enable it to determine whether the
vehicle is lawfully entitled to registration.
(7) Each such application for registration shall be
accompanied by the fees hereafter provided, and an additional fee
of one dollar for each motor vehicle for which the applicant
seeks registration, such fee to be deposited in a special
revolving fund for the operation by the department division of
its functions established by the provisions of article two-a,
chapter seventeen-d of this code: Provided, That July one, one
thousand nine hundred eighty-five, the additional fee will reduce
to and remain at fifty cents.
ARTICLE 9. OFFENSES AGAINST REGISTRATION LAWS AND SUSPENSION OR
REVOCATION OF REGISTRATION.
§17A-9-7. Surrender of evidences of registration, etc., upon
cancellation, suspension or revocation; willful
failure or refusal to surrender; fee for
reinstatement.
Whenever the registration of a vehicle, a certificate of
title, a registration card, registration plate or plates, a
temporary registration plate or marker, the right to issue
temporary registration plates or markers, any nonresident or
other permit, or any license certificate or dealer special plates
issued under the provisions of article six of this chapter, is
canceled, suspended or revoked as authorized in this chapter, the
owner, holder or other person in possession of such evidences
shall, except as otherwise provided in said article six,
immediately return the evidences of the registration, title,
permit or license so canceled, suspended, or revoked, together
with any dealer special plates relating to any such license
certificate, or any dealer special plate or plates if such alone
be suspended, to the department division: Provided, That the
owner or holder shall, before such reinstatement, pay a fee of
ten dollars in addition to all other fees, which sum shall be
collected by the department division and credited to the state
road a special revolving fund to be appropriated to the
department division for use in enforcement of the provisions of
this code. If any person shall willfully fail or refuse to
return to the department division the evidences of the
registration, title, permit or license so canceled, suspended, or
revoked, or any dealer special plates, when obligated so to do asaforesaid, the commissioner shall forthwith notify the
superintendent of the department of public safety state police
who shall, as soon as possible, secure possession thereof and
return same to the department. Said superintendent of the
department of public safety state police shall make a report in
writing to the commissioner, within two weeks after being so
notified by the commissioner, as to the result of his or her
efforts to secure the possession and return of such evidences of
registration, title, permit or license, or any dealer special
plates. For each registration, certificate of title,
registration card, registration plate or plates, temporary
registration plate or marker, permit, license certificate, or
dealer special plate, which the owner, holder or other person in
possession thereof shall have willfully failed or refused, as
aforesaid, to return to the department division within ten days
from the time that such cancellation, suspension or revocation
becomes effective, and which shall have been certified to the
superintendent of the department of public safety state police as
aforesaid, the owner or holder shall, before the same may be
reinstated, if reinstatement is permitted, in addition to all
other fees and charges, pay a fee of fifteen dollars, which fee
shall be collected by the department division of motor vehicles,
paid into the state treasury and credited to the general fund to
be appropriated to the department of public safety state police
for application in the enforcement of the road laws. A total of
twenty-five dollars may be collected on each such reinstatement
for each vehicle to which any such cancellation, suspension orrevocation relates: Provided, That when any motor vehicle
registration is suspended for failure to maintain motor vehicle
liability insurance the reinstatement fee shall be one hundred
dollars, and if the vehicle owner fails to surrender such vehicle
registration and the orders go to the state police, an additional
fee of fifty dollars shall be required before such motor vehicle
registration may be reinstated. A total of one hundred and fifty
dollars may be collected on each such reinstatement of any motor
vehicle registration canceled, suspended or revoked for failure
to maintain motor vehicle liability insurance.
CHAPTER 17B. MOTOR VEHICLE DRIVER LICENSES.
ARTICLE 3. CANCELLATION, SUSPENSION OR REVOCATION OF LICENSES.
§17B-3-9. Surrender and return of license not required.
The division, upon suspending or revoking a license, shall
not require that such license be surrendered to and be retained
by the division. The surrender of a license shall not be a
precondition to the commencement and tolling of any applicable
period of suspension or revocation: Provided, That before such
license may be reinstated, the licensee shall pay a fee of
fifteen dollars, in addition to all other fees and charges, which
fee shall be collected by the department division and deposited
in a special revolving fund to be appropriated to the department
division for use in the enforcement of the provisions of this
section: Provided, That when any license is suspended for
failure to maintain motor vehicle liability insurance, the
reinstatement fee shall be fifty dollars.
CHAPTER 17D. MOTOR VEHICLE SAFETY RESPONSIBILITY LAW.
ARTICLE 2A. SECURITY UPON MOTOR VEHICLES.
§17D-2A-5a. Uninsured motorist identification database
program;
administration; duties; rule making.
(a) No later than the first day of July, one thousand nine
hundred ninety-seven, the division of motor vehicles shall
establish an uninsured motorist identification database program
to verify compliance with motor vehicle owners' and registrants'
security requirements imposed by subsection (a), section three of
this article. Those requirements relate to insurance policies
delivered or issued for delivery in this state by insurance
companies authorized to issue vehicle liability and property
insurance policies in this state within limits which are no less
than the minimum motor vehicle liability insurance coverage
requirements set forth in section two, article four, chapter
seventeen-d of this code.
(b) The division of motor vehicles shall administer the
uninsured motorist identification database program with the
assistance of the West Virginia state police and the insurance
commissioner. Provided, That the division of motor vehicles may
contract with a third party for the administration of the data
base program established in this article.
(c) The division of motor vehicles shall develop and
maintain a computer database for the purpose of tracking
compliance by motor vehicle owners and registrants with security
requirements imposed by subsection (a), section three of this
article relating to minimum required motor vehicle liability
insurance coverage.
(d) The division of motor vehicles shall develop and
maintain the computer database required by this section from the
following information:
(1) Notices of cancellation of motor vehicle liability
insurance policies filed with the division of motor vehicles by
insurance carriers transacting insurance in this state, pursuant
to provisions of section five of this article;
(2) Names, dates of birth, addresses and driver license
numbers of all persons to whom the division of motor vehicles has
issued current driver licenses; and
(3) Data regarding all current motor vehicle registrations.
(e) The division of motor vehicles, acting in conjunction
with the West Virginia state police, shall establish guidelines
for the development and maintenance of the uninsured motorist
identification database to ensure that state and local law-
enforcement agencies can efficiently access the database.
(f) At least monthly, the division of motor vehicles shall
perform the following duties with regard to the uninsured
motorist identification database:
(1) Update the computer database with information provided
by insurance companies pursuant to provisions of section five of
this article; and
(2) Compare all current motor vehicle registrations against
the database.
(g) In accordance with the provisions of article three,
chapter twenty-nine-a of this code, the division of motor
vehicles may promulgate rules relating to the development,maintenance and use of the uninsured motorist identification
database.
§17D-2A-6. Investigation by duly authorized law-enforcement
officer to include inquiry regarding required
security; notice to division of motor vehicles.
At the time of investigation of a motor vehicle offense or
accident in this state by the department of public safety state
police or other law-enforcement agency or when a vehicle is
stopped by a law-enforcement officer for reasonable cause, the
officer of such the agency making such the investigation shall
inquire of the operators operator of any motor vehicle involved
as to the existence upon such the vehicle or vehicles of the
proof of insurance or other security required by the provisions
of this code and upon a finding by such the investigating
law-enforcement agency, officer or agent thereof that the
security required by the provisions of this article is not in
effect, as to any such vehicle, he or she shall notify the
department division of motor vehicles of such his or her finding
within five days if no citation requiring a court appearance is
issued. Provided, That such law-enforcement officer or agent
shall not stop vehicles solely to inquire as to the certificate
of insurance A defendant, who is charged with a traffic offense
that requires an appearance in court, shall present the court at
the time of his or her appearance or subsequent appearance with
proof that the defendant had security in effect at the time of
the traffic offense as required by this article. The court shall
not base its decision solely on the presentation of a certificateof insurance as defined in section four, article twenty-four,
chapter seventeen-d of this code. The court shall require
current documentation from the defendant's insurance company or
agent that the defendant in fact was insured at the time of the
offense. If, as a result of the defendant's failure to show
proof, the court determines that the defendant has violated this
article, it shall notify the department division of motor
vehicles within five days.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
§17D-2A-5a is new; therefore, strike-throughs and
underscoring have been omitted.