H. B. 3104
(By Delegate Warner)
[Passed March 6, 2003; in effect ninety days from passage.]
AN ACT to amend article two-a, chapter seventeen of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
twenty-three, relating to the commissioner of highways
generally; providing for commercial work orders for vehicle
and equipment repair; establishing criteria for commercial
vehicle and equipment repair vendors; and requiring a cost
effectiveness analysis for issuing commercial work orders.
Be it enacted by the Legislature of West Virginia:
That article two-a, chapter seventeen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
twenty-three, to read as follows:
ARTICLE 2A. WEST VIRGINIA COMMISSIONER OF HIGHWAYS.
§17-2A-23. Administration of commercial vehicle and equipment related work orders.
In order to promote cost effective vehicle and equipment
repair work efficiently and effectively and in order to provide for
repair work to be done in a safe and timely manner when in-house
repair is determined not to be cost effective or practical under
the circumstances, the commissioner of highways may establish a
cost effective analysis for determining the reasonableness and
effectiveness of obtaining repair of vehicles and equipment by
certain certified vendors.
The commissioner may issue a commercial work order to
certified vendors for repair of vehicles and equipment when the
commissioner determines that the repairs would extend the life of
the equipment or vehicle a minimum of five years and that the
expenditure would be the safest cost effective alternative to
purchase of new vehicles and equipment or in-house repair.
Any commercial vendor of vehicle and equipment repair may
apply to the commissioner for certification as a certified repair
vendor under the provisions of this section. In order to qualify,
the vendor must provide proof that it has the trained personnel,
the required tools, equipment and facilities to provide the work.
The commissioner shall inspect or cause to be inspected the
facilities and shall review the qualifications of personnel of
vendors applying for certification. If approved by the
commissioner, the vendor may be certified as a qualified vendor for the type of repair work the commissioner determines the vendor is
qualified to provide.
Prior to issuing a commercial work order with a certified
vendor, the commissioner must determine the cost of repair of the
vehicle or equipment. If on site inspection is required, the
commissioner may issue a work order to provide for the inspection
Preference for issuing vehicle and equipment repair work
orders shall be given to in-state licensed qualified vendors:
Provided, That a vendor failing to guarantee its work for five
years or failing to complete any work order in the time and to the
specifications of the work order shall be decertified for a period
of five years.
Nothing herein requires the commissioner of highways to issue
a work order to any particular commercial vendor.
The commissioner of highways shall propose a legislative rule
pursuant to article three, chapter twenty-nine-a of this code
regarding certification of qualified vendors and awarding work
orders. The legislative rule may include provisions for deviations
from the standard cost principles in special situations and