H. B. 2757
(By Delegate Talbott)
[Introduced January 29, 2003; referred to the
Committee on Roads and Transportation then Finance.]
A BILL to amend and reenact section four, article two-a, chapter
seventeen-d of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to affixing the
certificate of insurance to motor vehicle windshields;
criminal penalties.
Be it enacted by the Legislature of West Virginia:
That section four, article two-a, chapter seventeen-d of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 2A. SECURITY UPON MOTOR VEHICLES.
§17D-2A-4. Certificate of insurance.
(a) All insurance carriers transacting insurance in this state
shall supply a certificate to the insured or to any person subject
to the registration provisions of article three, chapter
seventeen-a of this code, certifying that there is in effect a
motor vehicle liability policy upon such motor vehicle in
accordance with the provisions of article three, chapter seventeen-a of this code. The certificate shall give its effective
date and the effective date of the policy and, unless the policy is
issued to a person who is not the owner of a motor vehicle, must
designate by explicit description, in such detail as the
commissioner of the division of motor vehicles shall by rule
require, all motor vehicles covered and all replacement vehicles of
similar classification: Provided, That on and after the first day
of July, one thousand nine hundred eighty-four, insurance companies
shall supply a certificate of insurance in duplicate for each
policy term and for each vehicle included in a policy, except for
those listed in a fleet policy. Each such certificate of insurance
shall list the name of the policyholder and the name of the vehicle
owner if different from the policyholder.
The certificate must specify for each vehicle listed therein,
that there is a minimum liability insurance coverage not less than
the requirements of section two, article four, chapter seventeen-d
of this code.
(b) The certificate provided pursuant to the provisions of
this section or other proof of insurance shall be carried by the
insured in the appropriate vehicle for use as proof of security,
and must be presented at the time of vehicle inspection as required
by article sixteen, chapter seventeen-c of this code: Any person
violating the provisions of this subsection is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not less
than two hundred dollars nor more than five thousand dollars; and
upon a second or subsequent conviction, shall be fined not less than two hundred dollars nor more than five thousand dollars, or
confined in the county or regional jail for not less than fifteen
days nor more than one year, or both: Provided, That an insured
shall not be guilty of a violation of this subsection (b) if he or
she furnishes proof that such insurance was in effect within seven
days of being cited for not carrying such certificate or other
proof in such vehicle.
(C) As used in this section, proof of insurance means a
certificate of insurance, an insurance policy, a mechanically
reproduced copy of an insurance policy or a certificate of self-
insurance, or copy of the current registration issued to a motor
carrier by the public service commission: (1) through the single
state registration system established pursuant to section fourteen,
article six-a of this code; or (2) pursuant to the provisions of
section four, article six, chapter twenty-four-a of this code. The
certificate of insurance shall be a decal to be affixed to the
windshield of a motor vehicle and shall contain the serial number
and make and model of the insured vehicle, and a number, one
through twelve, which identifies the month of purchase of liability
insurance. The certificate of insurance shall be color coded to
identify the length of purchase of insurance coverage with the
color red to identify insurance coverage purchased for a period of
three months, the color blue to identify insurance coverage
purchased for a period of six months and the color green to
identify insurance coverage purchased for a period of one year. A
certificate of insurance mandated by this article shall be provided for each vehicle insured.
(b) All certificates of insurance issued pursuant to this
section shall be the property of the state and shall be affixed by
the owner of the vehicle covered by the required security only
during such time as such security which it represents remains in
full force and effect. Every vehicle owner shall immediately
remove from such vehicle any certificate of insurance representing
security which he or she knows has been terminated, canceled,
impaired or is otherwise ineffective to serve as security for such
vehicle.
(c) Every vehicle owner meeting the security requirements of
this article through the purchase of a contract of insurance shall
obtain within thirty days a certificate of insurance evidencing
such security from the authorized insurance company or its
authorized agent with which he or she has contracted for such
security. The commissioner shall furnish or authorize for each
insurer sufficient quantities of such certificates of insurance as
they may require for each vehicle which such insurer reasonably
expects to insure during each period for which its policies of
insurance are expected to be in force.
(d) Every authorized insurance company which cancels or
refuses to renew any contract of insurance on any vehicle insured
by it for any vehicle owner prior to the normal expiration date of
the certificate of insurance which it has furnished such owner for
such vehicle shall notify such owner of the date which the
certificate of insurance will no longer be in full force and effect and should be removed from the vehicle.
(e) Every authorized insurance company which cancels any
contract of insurance shall provide the insured, as well as the
superintendent of the division of public safety, notice of such
cancellation.
(f) Every authorized insurance company shall provide notice of
cancellation to the superintendent of the division of public safety
within thirty days following the voluntary cancellation of a policy
of insurance by a policyholder during the policy period.
(g) Every authorized insurer shall, upon the request of the
commissioner of the division of motor vehicles, furnish to the
commissioner with regard to any numbered certificate of insurance
furnished by it, the name of the owner for whom the security was
provided, the vehicle insured by such security and the beginning
and ending dates during which the security was in full force and
effect.
(h) Upon complaint by any person filed with the commissioner
on a form to be prescribed by him alleging that any certificate of
insurance was improperly affixed to any vehicle because the
security therefor was not then in full force and effect, the
commissioner shall determine the probable validity of said
complaint by inquiry pursuant to subsection (g) of this section and
shall certify the results of his findings to the complainant and,
if the security was not in full force and effect on the date
alleged, shall send a copy thereof to the superintendent of the
division of public safety, who shall enforce the penalties provided in this section.
(i) The commissioner may by rule provide for:
(1) A temporary certificate of insurance which may be
displayed in lieu of the original or permanent decal or certificate
of insurance required by this section for a period not to exceed
thirty days, during which time the owner of such vehicle shall
secure the permanent decal or certificate of insurance required by
this section; or
(2) Every motor vehicle dealer or owner of more than five
motor vehicles providing the required security under an insurance
policy that provides automatic coverage for all owned vehicles may
be furnished a supply sufficient for his needs of certificates of
insurance or other evidence of such security by his or her insurer.
A certificate of insurance evidencing coverage by a motor vehicle
dealer shall not expire until that dealer ceases to own the vehicle
or ceases to maintain insurance coverage.
(j) All state, city and county police officers shall issue a
citation for violation of this section to the owner or operator of
any vehicle which has neither a current certificate of insurance
affixed thereto or a temporary certificate of insurance as required
by this section.
(k) The owner of any vehicle who fails to have in full force
and effect security required by this section and who does not have
any certificate of insurance affixed to the vehicle is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not less
than fifty dollars nor more than five hundred dollars and shall have the license plates thereof suspended for a period of thirty
days or until such time thereafter as proof, in a form satisfactory
to the commissioner, is furnished that such security is then and
will remain in effect.
(l) The owner of any vehicle who fails to have in full force
and effect the security required by this section and who has
affixed to the vehicle a certificate of insurance which he or she
knows is not in full force and effect is guilty of a misdemeanor
and, upon conviction thereof, shall be fined not less than fifty
dollars nor more than five hundred dollars and shall have the
license plates of such vehicle suspended for a period of ninety
days or until such time thereafter as proof, in a form satisfactory
to the commissioner, is furnished that such security is then and
will remain in effect.
(m) The owner of any vehicle who fails to have in full force
and effect the security required by this section and who has
affixed to the vehicle a certificate of insurance which he or she
knows is fraudulent or counterfeit is guilty of a misdemeanor and,
upon conviction thereof, shall be fined not less than five hundred
dollars nor more than one thousand dollars and shall have the
license plates of such vehicle suspended for a period of one year
or until such time thereafter as proof, in a form satisfactory to
the commissioner, is furnished that such security is then and will
remain in effect.
(n) Any person who fraudulently distributes any certificate of
insurance or temporary certificate of insurance or who knowingly distributes a counterfeit certificate of insurance to any person
for any vehicle is guilty of a misdemeanor and, upon conviction
thereof, shall be fined not less than five hundred dollars nor more
than one thousand dollars or confined to the county or regional
jail for a period not to exceed thirty days or both fined and
confined.
(o) An insured is not guilty of a violation of this section
if, within seven days of being cited for the violation, he or she
furnishes proof that such insurance was in full force and effect at
the time of the citation. As used in this section, proof of
insurance means a decal, an insurance policy, a mechanically
reproduced copy of an insurance policy or a certificate of self
insurance.
NOTE: The purpose of this bill is to require color coded
certificates of insurance to be placed on the windshield of the
insured motor vehicle and to provide penalties for violations of
this section.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.