H. B. 2763


(By Delegates Warner, Shelton,

Iaquinta and Renner)

[Introduced January 29, 2003; referred to the

Committee on Roads and Transportation then the Judiciary.]




A BILL to amend and reenact section seventeen, article fifteen, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to auxiliary lighting on motor vehicles; allowing original equipment roof mounted light bar lighting devices on motor vehicles when used off road; and requiring that the devices be turned off and covered when the motor vehicle is operated on a road or highway.

Be it enacted by the Legislature of West Virginia:
That section seventeen, article fifteen, 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 15. EQUIPMENT.
§17C-15-17. Spot lamps and other auxiliary lamps.

(a) Spot lamps. -- Any motor vehicle except a public utility company maintenance vehicle may be equipped with not to exceed more than one spot lamp and every lighted spot lamp shall be so aimed and used upon approaching another vehicle that no part of the high-intensity portion of the beam will be directed to the left of the prolongation of the extreme left side of the vehicle nor more than one hundred feet ahead of the vehicle. A public utility company maintenance vehicle may be equipped with more than one spot lamp but all lighted spot lamps shall be aimed and used in conformity to the requirements of this subsection.
(b) Fog lamps. -- Any motor vehicle may be equipped with not to exceed more than two fog lamps mounted on the front at a height not less than twelve inches nor more than thirty inches above the level surface upon which the vehicle stands and so aimed that when the vehicle is not loaded none of the high-intensity portion of the light to the left of the center of the vehicle shall at a distance of twenty-five feet ahead project higher than a level of four inches below the level of the center of the lamp from which it comes.
(c) Auxiliary passing lamp. -- Any motor vehicle may be equipped with not to exceed more than one auxiliary passing lamp mounted on the front at a height not less than twenty-four inches nor more than forty-two inches above the level surface upon which the vehicle stands and every auxiliary passing lamp shall meet the requirements and limitations set forth in this article.
(d) Auxiliary driving lamp. -- Any motor vehicle may be equipped with not to exceed more than one auxiliary driving lamp mounted on the front at a height not less than sixteen inches nor more than forty-two inches above the level surface upon which the vehicle stands and every such auxiliary driving lamp shall meet the requirements and limitations set forth in this article.
(e) Roof mounted off-road light bar lighting device. -- Any motor vehicle may be equipped with a roof mounted, off-road light bar lighting device comprised of multiple lamps subject to the following:
(1) The device is original vehicle manufacturer's equipment labeled by the manufacturer as being for off-road use only, and installed or aimed by or at the direction of the vehicle manufacturer;
(2) Whenever the vehicle is operated or driven upon any road or highway of this state, the roof mounted off-road light bar lighting device shall be turned off and covered with an opaque covering that prohibits light from being emitted while the vehicle is being operated on any road or highway of this state.
NOTE: The purpose of this bill is to allow original equipment mounted auxiliary lighting devices for use only when the vehicle is used off road. A motor vehicle operated on any road or highway must have the light bar covered and not illuminated when the vehicle is being operated on any road or highway.

Strike-throughs indicate language that would be stricken from present law, and underscoring indicates new language that would be added.