H. B. 4054
(By Delegates Michael, Martin, Campbell,
Willis, Williams, Beach and Coleman)
[Introduced January 21, 1998; referred to the
Committee on Roads and Transportation.]
A BILL to amend and reenact sections one and three, article ten,
chapter seventeen-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
raising the maximum gross weight limit for farm trucks from
sixty-four thousand pounds to eighty thousand pounds.
Be it enacted by the Legislature of West Virginia:
That sections one and three, article ten, chapter seventeen- a of the code of West Virginia, one thousand nine hundred thirty- one, as amended, be amended and reenacted to read as follows:
ARTICLE 10. FEES FOR REGISTRATION, LICENSING, ETC.
17A-10-1. Classification of vehicles for purpose of
registration.
Vehicles subject to registration under the provisions of
this chapter shall be placed in the following classes for the
purpose of registration:
Class A. Motor vehicles of passenger type and trucks with
a gross weight of not more than eight thousand pounds, other than
those operated for compensation;
Class B. Motor vehicles designated as trucks with a gross
weight of more than eight thousand pounds, truck tractors, or
road tractors other than those operated for compensation;
Class C. All trailers and semitrailers, except those
operated for compensation, and except house trailers and trailers
or semitrailers designed to be drawn by Class A motor vehicles
and having a gross weight of less than two thousand pounds;
Class E. Motor vehicles designated as trucks, truck
tractors or road tractors operated for transportation of property
for compensation, but being exempt from the operating
jurisdiction of the public service commission, and for which a
statement of exemption has been received from the public service
commission;
Class G. Motorcycles and parking enforcement vehicles;
Class H. Motor vehicles operated regularly for the
transportation of persons for compensation under a certificate of
convenience and necessity or contract carrier permit issued by
the public service commission;
Class J. Motor vehicles operated for transportation of
persons for compensation by common carriers, not running over a
regular route or between fixed termini;
Class K. Motor vehicles designated as trucks, truck
tractors or road tractors operated for transportation of property
for compensation under a certificate of convenience and necessity
or a contract carrier permit issued by the public service
commission;
Class L. All trailers and semitrailers used for
transportation of property for compensation;
Class M. Mobile equipment as defined in subdivision (oo),
section one, article one of this chapter;
Class R. House trailers;
Class T. Trailers or semitrailers of a type designed to be
drawn by Class A vehicles and having a gross weight of less than
two thousand pounds; and
Class Farm Truck. Motor vehicles designated as trucks
having a minimum gross weight of more than eight thousand pounds
and a maximum gross weight of sixty-four eighty thousand pounds,
used exclusively in the conduct of a farming business, engaged in
the production of agricultural products by means of: (a) The
planting, cultivation and harvesting of agricultural,
horticultural, vegetable or other products of the soil; or (b)
the raising, feeding and care of livestock, poultry, bees and
dairy cattle. Such farm truck shall be used only for the
transportation of agricultural products so produced by the owner
thereof, or for the transportation of agricultural supplies used in such production, or for private passenger use.
17A-10-3. Registration fees for vehicles equipped with pneumatic
tires.
The following registration fees for the classes indicated
shall be paid to the division for the registration of vehicles
subject to registration under this chapter when equipped with
pneumatic tires:
(a) Registration fees for the following classes shall be
paid to the division annually:
(1) Class A. -- The registration fee for all motor vehicles
of this class is twenty-eight dollars and fifty cents: Provided,
That the registration fees and any other fees required by this
chapter for Class A vehicles under the optional biennial
staggered registration system shall be multiplied by two and paid
biennially to the division.
No license fee shall be charged for vehicles owned by
churches, or by trustees for churches, which are regularly used
for transporting parishioners to and from church services.
Notwithstanding the exemption, the certificate of registration
and license plates shall be obtained the same as other cards and
plates under this article.
(2) Class B, Class E and Class K. -- The registration fee
for all motor vehicles of these three classes is as follows:
(A) For declared gross weights of eight thousand one pounds to sixteen thousand pounds -- twenty-eight dollars plus five
dollars for each one thousand pounds or fraction thereof that the
gross weight of the vehicle or combination of vehicles exceeds
eight thousand pounds.
(B) For declared gross weights greater than sixteen thousand
pounds, but less than fifty-five thousand pounds -- seventy-eight
dollars and fifty cents plus ten dollars for each one thousand
pounds or fraction thereof that the gross weight of the vehicle
or combination of vehicles exceeds sixteen thousand pounds.
(C) For declared gross weights of fifty-five thousand pounds
or more -- seven hundred thirty-seven dollars and fifty cents
plus fifteen dollars and seventy-five cents for each one thousand
pounds or fraction thereof that the gross weight of the vehicle
or combination of vehicles exceeds fifty-five thousand pounds.
(3) Class C and Class L. -- The registration fee for all
vehicles of these two classes is seventeen dollars and fifty
cents except that semitrailers, full trailers, pole trailers and
converter gear registered as Class C and Class L may be
registered for a period of ten years at a fee of one hundred
dollars.
(4) Class G. -- The registration fee for each motorcycle or
parking enforcement vehicle is eight dollars.
(5) Class H. -- The registration fee for all vehicles for
this class operating entirely within the state is five dollars; and for vehicles engaged in interstate transportation of persons,
the registration fee is the amount of the fees provided by this
section for Class B, Class E and Class K reduced by the amount
that the mileage of the vehicles operated in states other than
West Virginia bears to the total mileage operated by the vehicles
in all states under a formula to be established by the division
of motor vehicles.
(6) Class J. -- The registration fee for all motor vehicles
of this class is eighty-five dollars. Ambulances and hearses
used exclusively as such are exempt from the special fees set
forth in this section.
(7) Class M. -- The registration fee for all vehicles of
this class is seventeen dollars and fifty cents.
(8) Class U. -- The registration fee for all vehicles of
this class is fifty-seven dollars and fifty cents.
(9) Class Farm Truck. -- The registration fee for all motor
vehicles of this class is as follows:
(A) For farm trucks of declared gross weights of eight
thousand one pounds to sixteen thousand pounds -- thirty dollars.
(B) For farm trucks of declared gross weights of sixteen
thousand one pounds to twenty-two thousand pounds -- sixty
dollars.
(C) For farm trucks of declared gross weights of twenty-two
thousand one pounds to twenty-eight thousand pounds -- ninety dollars.
(D) For farm trucks of declared gross weights of
twenty-eight thousand one pounds to thirty-four thousand pounds
-- one hundred fifteen dollars.
(E) For farm trucks of declared gross weights of thirty-four
thousand one pounds to forty-four thousand pounds -- one hundred
sixty dollars.
(F) For farm trucks of declared gross weights of forty-four
thousand one pounds to fifty-four thousand pounds -- two hundred
five dollars.
(G) For farm trucks of declared gross weights of fifty-four
thousand one pounds to sixty-four eighty thousand pounds -- two
hundred fifty dollars.
(b) Registration fees for the following classes shall be
paid to the division for a maximum period of three years, or
portion thereof based on the number of years remaining in the
three-year period designated by the commissioner:
(1) Class R. -- The annual registration fee for all vehicles
of this class is twelve dollars.
(2) Class T. -- The annual registration fee for all vehicles
of this class is eight dollars.
(c) The fees paid to the division for a multi-year
registration provided for by this chapter shall be the same as
the annual registration fee established by this section and any other fee required by this chapter multiplied by the number of
years for which the registration is issued.
NOTE: The purpose of this bill is to raise the maximum
gross weight limit for farm trucks from sixty-four thousand
pounds to eighty thousand pounds.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.