H. B. 4654
(By Delegates Caputo and Perdue)
[Introduced February 22, 2002; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section seven, article four, chapter
seventeen-c of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to requiring
law-enforcement officers investigating motor vehicle accidents
to include in the written report the estimated weights of
commercial motor vehicles involved in accidents.
Be it enacted by the Legislature of West Virginia:
That section seven, article four, 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 4. ACCIDENTS.
§17C-4-7. Written reports of accidents.
Every law-enforcement officer who, in the regular course of duty, investigates a motor vehicle accident occurring on the public
highways of this state resulting in bodily injury to or death of
any person or total property damage to an apparent extent of five
hundred dollars or more shall, either at the time of and at the
scene of the accident or thereafter by interviewing participants or
witnesses, within twenty-four hours after completing such the
investigation, forward a written report of such the accident to
the division. The division shall prepare a form for such the
accident report and, after approval of such the form by the
commissioner, the superintendent of the West Virginia state police
and the commissioner of highways, shall supply copies of such these
form to police departments, sheriffs and other appropriate
law-enforcement agencies. Every accident report required under the
provisions of this section shall be made on such this form. If the
motor vehicle involved in an accident is a commercial motor
vehicle, the investigating law-enforcement officer shall make an
estimate of the weight of the vehicle based upon procedures and
formulas developed and approved by the commissioner. A copy of the
estimated weight of the commercial vehicle shall be attached to the
written accident report, together with a notation indicating the
legal weight limit for commercial vehicles on the section of road or highway where the accident occurred.
NOTE: The purpose of this bill is to
require law-enforcement
officers investigating motor vehicle accidents to include in the
written report the estimated weights of commercial motor vehicles
involved in accidents.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.