H. B. 3110


(By Delegates Michael, Doyle and Cann)
[Introduced February 21, 2003; referred to the
Committee on Roads and Transportation then Finance.]




A BILL to amend and reenact section forty-eight, article fifteen, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact sections five, six and seven, article sixteen of said chapter; and to further amend said article by adding thereto a new section, designated section ten, all relating to transferring motor vehicle inspection duties from the state police to the commissioner of the division of motor vehicles.

Be it enacted by the Legislature of West Virginia:
That section forty-eight, article fifteen, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; that sections five, six and seven, article sixteen of said chapter be amended and reenacted; and that said article be further amended by adding thereto a new section, designated section ten, all to read as follows:
ARTICLE 15. EQUIPMENT.
§17C-15-48. Alteration of motor vehicles; bumper height limits; other modifications; exceptions; required inspection; and rules of division of motor vehicles.

(a) No person may operate upon a public highway any motor vehicle registered or required to be registered in this state if it has been modified by alteration of its height from the ground to the extent that its bumpers, measured to any point on the lower edge of the main horizontal bumper bar, exclusive of any bumper guards, do not fall within the limits specified herein for its gross vehicle weight rating category. The front and rear bumper height of motor vehicles whose gross vehicle weight rating is ten thousand pounds or less may be no less than six inches and no more than thirty-one inches. In the absence of bumpers, and in cases where bumper heights have been altered or modified, height measurements shall be made to the bottom of the frame rail. If a motor vehicle has a bumper, the bumper must be at least three inches in vertical width, centered on the center line of the motor vehicle and not less than the width of the wheel track distance. The provisions of this subsection do not apply to motor vehicles with a gross vehicle weight rating in excess of ten thousand pounds. For the purpose of this subsection, the term "gross vehicle weight ratings" means the manufacturer's gross vehicle weight ratings established for that vehicle.
(b) The maximum distance between the vehicle body to the vehicle frame may not exceed three inches. The distance from the vehicle body to the vehicle frame shall be measured from the vehicle body mount seat to the vehicle frame mount seat: Provided, That the maximum distance limitation shall may not prohibit a body lift kit up to three inches to be added to the manufacturer's original spacer between the body and the frame. No vehicle may be modified to cause the vehicle body or chassis to come in contact with the ground, expose the fuel tank to damage from collision or cause the wheels to come in contact with the body under normal operation. No part of the original suspension system may be disconnected to defeat the safe operation of the suspension system. Modification of the front end suspension by the use of lift blocks is expressly prohibited.
(c) Nothing contained in this section prevents the installation of heavy duty equipment, including shock absorbers and overload springs.
(d) Nothing contained in this section prohibits the operation on a public highway of a motor vehicle with normal wear to the suspension system if such the normal wear does not adversely affect the control of the vehicle.
(e) This section does not apply to specially designed or modified motor vehicles when operated off the public highways in races and similar events. Such These motor vehicles may be lawfully towed on the highways of this state.
(f) Modifications to motor vehicles, not prohibited herein, shall be made in this section, are subject to inspection as provided in subsection (g) herein (h) of this section.
(g) Nothing contained in this section shall subject subjects a vehicle modified solely by the installation of tires not larger than two sizes beyond the maximum specified by the manufacturer to inspection as provided in subsection (h) herein of this section.
(h) Any motor vehicle which has been altered from the manufacturer's specification with respect to bumper height for that vehicle make and model but within the allowable limits of subsection (a) of this section or any motor vehicle which has been altered from the manufacturer's specification for that vehicle make and model with respect to the distance from the vehicle body to vehicle frame but within the allowable limits of subsection (b) of this section may be operated upon a public highway in this state, subject to inspection hereunder under this section: Provided, That any motor vehicle which has been altered from the manufacturer's specification by lowering the bumper height for that vehicle make and model within the allowable limits of subsection (a) shall be is exempt from the inspection requirements hereunder under this section and may be operated upon a public highway in this state subject to provisions of article sixteen of this chapter. If a motor vehicle and its equipment subject to inspection under this section are inspected and found to be in compliance with the provisions of this section and to be otherwise in safe condition, an official modified vehicle sticker shall be issued for display on the vehicle. The fee for the modified vehicle stickers will be twenty-five dollars with the division of public safety motor vehicles establishing rules concerning such the inspection. Each municipal, county and state law-enforcement agency must shall record on accident report forms whether a modified vehicle was involved in the accident.
(i) The division of public safety motor vehicles shall promulgate rules shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code governing a complete safety inspection of these vehicles and other rules as necessary to fully enforce and implement the provisions of this section. Notwithstanding the provisions of article three, chapter twenty-nine-a of this code, the division of public safety may promulgate emergency legislative rules relating to vehicle modifications under this section and such rules shall be effective for a period of fifteen months beginning with the month of November, one thousand nine hundred ninety-one.
ARTICLE 16. INSPECTION OF VEHICLES.

§17C-16-5. Permit for official inspection stations; fees for and certificate of inspection.

(a) The superintendent of the state police Effective the first day of July, two thousand three, the commissioner of the division of motor vehicles is responsible for the inspection as provided in this article and shall prescribe requirements and qualifications for official inspection stations. He or she The commissioner shall select and designate the stations and shall issue permits for official inspection stations and furnish instructions and all necessary forms for the inspection of vehicles as required in this article and the issuance of official certificates of inspection and approval. The certificate of inspection shall be a paper sticker or decal to be affixed to the windshield of a motor vehicle, shall be serially numbered and shall properly identify the official inspection station which issued it. A charge of one dollar per sticker shall be charged by the state police commissioner to the inspection station, and the funds received shall be deposited into the state treasury and credited to the account of the state police commissioner for application in the administration and enforcement of the provisions of this article. Any balance remaining in the fund on the last day of June of each fiscal year, not required for the administration and enforcement of the provisions of this article, shall be transferred to the state road fund. The superintendent commissioner may exchange stickers or make refunds to official inspection stations for stickers on hand when permits are revoked or when, for any reason, the stickers become obsolete.
(b) A person shall apply for a permit upon an official form prescribed by the superintendent commissioner and the superintendent commissioner shall grant permits only when the superintendent commissioner is satisfied that the station is properly equipped and has competent personnel to make the inspections and adjustments and that the inspections and adjustments will be properly conducted. The superintendent commissioner, before issuing a permit, may require the applicant to file a bond with surety approved by the superintendent commissioner, conditioned that such the applicant, as a station operator, will make compensation for any damage to a vehicle during an inspection or adjustment due to negligence on the part of the station operator or employees thereof of the operator.
(c) The superintendent commissioner shall properly supervise and cause inspections to be made of the stations. Upon finding that a station is not properly equipped or conducted, the superintendent commissioner may, upon a first violation, suspend the permit for a period of up to one year. Upon a second or subsequent finding that a station is not properly equipped or conducted, the superintendent commissioner shall permanently revoke and require the surrender of the permit. The superintendent commissioner may reinstate the permit of any person whose permit was permanently revoked prior to the effective date of this section fifth day of June, one thousand nine hundred ninety-two, upon a first finding that a station was not properly equipped or conducted, upon application, at any time after the expiration of six months from the time of revocation and shall reinstate the permit, upon application, after the expiration of one year. He or she The commissioner shall maintain and post at his or her office and at any other places as he or she may select lists of all stations holding permits and of those whose permits have been suspended or revoked.
§17C-16-6. Assignment, transfer and posting of official inspection station permit; issuance and record of certificate of inspection; inspection fee.

(a) No permit for an official inspection station shall may be assigned or transferred or used at any location other than designated in the permit and every permit shall be posted in a conspicuous place at the station location designated in the permit.
(b) The person operating the station shall issue a certificate of inspection and approval, upon an official form, to the owner of a vehicle upon inspecting the vehicle and determining that its equipment required under this article is in good condition and proper adjustment, but otherwise no certificate shall may be issued, except one issued pursuant to section two of this article. When required by the superintendent commissioner, a record and report shall be made of every inspection and every certificate issued.
(c) A fee of not more than twelve dollars may be charged for an inspection and any necessary headlight adjustment to proper focus, not including any replacement parts required, and the issuance of the certificate, but the imposition of the charge is not mandatory.
§17C-16-7. Improper representation as official stations.

(a) No person shall may in any manner represent any place as an official inspection station unless such station is operating under a valid permit issued by the department commissioner. (b) No person shall may issue a certificate of inspection and approval unless then holding a valid permit hereunder under this article.
 §17C-16-10. Rules.
(a) The commissioner may propose rules for legislative approval or promulgate interpretive and procedural rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to aid in the administration of this article.
(b) All rules of the state police promulgated under the provisions of this article and section forty-eight, article fifteen of this chapter in effect on the effective date of this section remain in effect and shall be enforced by the commissioner until they are withdrawn, revoked or amended by the commissioner.


NOTE: The purpose of this bill is to transfer motor vehicle inspection duties from the state police to the commissioner of the Division of Motor Vehicles.

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

§17C-16-10 is new; therefore, strike-throughs and underscoring have been omitted.