H. B. 3005
(By Delegates Boggs and C. White)
[Introduced March 26, 2001; referred to the
Committee on Political Subdivisions then the Judiciary.]
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 IV
municipalities to employ radar devices for enforcing speeding
laws.
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, state police, by police officers of incorporated
municipalities in Classes one I, two II, and three III and four IV,
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 IV
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.