Senate Bill No. 657
(By Senator Jackson, By Request)
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[Introduced February 22, 1999;
referred to the Committee on the Judiciary.]
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A BILL to amend article seven, chapter twenty-four-a of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
seven, relating to authorizing employees of the public
service commission designated as motor carrier inspectors to
enforce the provisions of article six, chapter seventeen-c
of this code with respect to the speed of certain motor
vehicles; and further authorizing those inspectors to use
radar to measure and indicate or record such speed for use
as prima facie evidence.
Be it enacted by the Legislature of West Virginia:
That article seven, chapter twenty-four-a of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
be amended by adding thereto a new section, designated section
seven, to read as follows:
ARTICLE 7. COMPLAINTS, DAMAGES AND VIOLATIONS.
§24A-7-7. Authority of motor carrier inspectors to enforce speed
limits with respect to certain vehicles; use of radar as evidence.
(a) The employees of the commission designated as
motor carrier inspectors have the same authority as law- enforcement officers generally to enforce the provisions of
article six, chapter seventeen-c of this code, as to the speed of
motor vehicles owned or operated by motor carriers, exempt
carriers or private commercial carriers.
(b) The speed of a motor vehicle owned or operated by a
motor carrier, exempt carrier or private commercial carrier 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 the evidence is obtained by employees
of the commission designated as motor carrier inspectors. The
evidence so obtained is prima facie evidence of the speed of such
vehicle.
(c) Nothing in this section affects the existing authority
of law-enforcement officers not employed by the commission to enforce the provisions of article six, chapter seventeen-c of
this code.
NOTE: The purpose of this bill is to authorize motor
carrier inspectors designated by the Public Service Commission to
enforce speed limits with respect to vehicles owned or operated
by motor carriers, exempt carriers and private commercial
carriers. Such vehicles are already usually subject to the
Commission's safety rules. The bill would also authorize the use
of radar by such inspectors to measure the speed of such
vehicles. Readings from radar used by these inspectors would be
accepted as prima facie evidence of speed. This bill would not
affect the authority of other law-enforcement officers to enforce
speed limits.
This section is new; therefore, strike-throughs and
underscoring have been omitted,