
COMMITTEE SUBSTITUTE
FOR
H. B. 2760
(By Delegate Warner)
(Originating in the Committee on the Judiciary)
[February 26, 2003]
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; requiring
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 weight rating of ten
thousand pounds or more.
(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 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.