H. B. 2227
(By Delegate Michael)
[Introduced January 14, 1998; referred to the
Committee on Roads and Transportation.]
A BILL to amend and reenact section seven, article six, chapter
seventeen-c of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to allowing class
four municipalities to employ radar devices for enforcing
Be it enacted by the Legislature of West Virginia:
That section seven, article six, 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 6. SPEED RESTRICTIONS.
§17C-6-7. Prima facie evidence of speed by devices employing
microwaves; placing of signs relative to radar.
The speed of a motor vehicle may be proved by evidence
obtained by use of any device designed to measure and indicate or record the speed of a moving object by means of microwaves, when
such the evidence is obtained by members of the department of
public safety, by police officers of incorporated municipalities
in classes one, two, and three and four, as defined in chapter
eight-a sections two and three, article one, chapter eight of
this code, and by the sheriff and his or her deputies of the
several counties of the state. The evidence so obtained shall be
accepted as prima facie evidence of the speed of such vehicle.
In order to inform and educate the public generally that
speed of motor vehicles operating within the state is being
tested by radar mechanisms, the
state road commission
commissioner of highways shall locate and place suitable and
informative stationary and movable signs at strategic points on
and along highways in each county of the state giving notice to
the public that such radar mechanisms are in use.
NOTE: The purpose of this bill is to allow class four
municipalities to employ radar devices for enforcing speeding
laws. The bill also contains technical changes for the purpose
of cleaning up the code.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.