H. B. 2982
(By Delegate Butcher)
[Introduced February 26, 1999; referred to the
Committee on Roads and Transportation then Finance.]
A BILL to repeal sections two through nine, article sixteen,
chapter seventeen-c of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; and to amend
and reenact section two, article nineteen of said chapter,
relating to motor vehicle inspections.
Be it enacted by the Legislature of West Virginia:
That sections two through nine, article sixteen, chapter
seventeen-c of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be repealed; and that section
two, article nineteen of said chapter be amended and reenacted to
read as follows:
ARTICLE 19. PARTIES, PROCEDURE UPON ARREST AND REPORTS IN
§17C-19-2. Offenses by persons owning or controlling vehicles;
owner present in vehicle to be arrested rather than driver for certain traffic violations.
It is unlawful for the owner, or any other person, employing
or otherwise directing the driver of any vehicle to require or
knowingly to permit the operation of such vehicle upon a highway
in any manner contrary to law.
If the owner of a motor vehicle is present in the vehicle at
a time when another driver is operating the vehicle upon the
highways of this state: (1) With defective or improper equipment
in violation of the provisions of article fifteen of this
chapter; (2) in violation of the weight, height, length or width
provisions of article seventeen of this chapter; (3) with
improper registration in violation of the provisions of article
three, chapter seventeen-a of this code
or (4) with an expired
vehicle inspection decal or certificate in violation of the
provisions of article sixteen of this chapter, the owner rather
than the driver shall be arrested for any violation enumerated
herein in lieu of an arrest of the driver. If the owner of the
vehicle is not present therein, then the driver shall be arrested
for any violation enumerated in this section.
NOTE: The purpose of this bill is to repeal requirements
that motor vehicles be inspected and receive inspection stickers.
The requirement that motor vehicles not be operated without
required equipment or in an unsafe condition is retained. This
bill would still require any vehicle a law-enforcement officer
considers unsafe or otherwise not roadworthy to be inspected and
necessary repairs made within a timely manner.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.