H. B. 2760
(By Delegate Warner)
[Introduced January 29, 2003; 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 chapter seventeen-c of the code; training;
and authorizing those inspectors to use radar to measure and
indicate or record the speed of motor vehicles 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 all
traffic rules as to commercial 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 chapter seventeen-c
of this code with respect to commercial motor vehicles owned or
operated by motor carriers, exempt carriers or private commercial
carriers, where vehicles have a gross vehicle rating in excess of
ten thousand one pounds.
(b) The speed of a commercial 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 the evidence is obtained by employees of
the commission designated as motor carrier inspectors. The
evidence so obtained is prima facie evidence of the speed of the
vehicle.
(c) Motor carrier inspectors shall also perform a North
American standard safety inspection of each commercial motor
vehicle stopped for speed enforcement purposes pursuant to this
section.
(d) Before exercising the provisions of this section, the
motor carrier inspectors shall receive adequate training.
(e) Nothing in this section affects the existing authority of
law-enforcement officers not employed by the commission to enforce
the provisions of 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
all traffic laws and rules of the road with respect to commercial
motor vehicles owned or operated by motor carriers, exempt carriers
and private commercial carriers. The bill would also authorize the
use of radar by the inspectors to measure the speed of the vehicles
and readings from radar used by these inspectors is prima facie
evidence of the speed. Under this bill, inspectors would be
required to perform a safety inspection of each motor vehicle
stopped for speed enforcement also.
This section is new; therefore, strike-throughs and
underscoring have been omitted.