H. B. 4486
(By Delegate Warner)
[Introduced February 10, 2000; referred to the
Committee on Roads and Transportation then the
Judiciary.]
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 that evidence is obtained by employees
of the commission designated as motor carrier inspectors. The
evidence so obtained shall be accepted as prima facie evidence of
the speed of the 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.
These vehicles are already usually subject to the Commission's
safety rules. The bill also authorizes 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,