Senate Bill No. 246

(By Senator Snyder)

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[Introduced January 21, 2004; referred to the Committee on Transportation; and then to the Committee on Finance.]

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A BILL to amend and reenact §17C-16-1 and §17C-16-4 of the code of West Virginia, 1931, as amended, all relating to motor vehicles generally; and requiring inspections of certain motor vehicles if driven on the roads and highways of this state.

Be it enacted by the Legislature of West Virginia:
That §17C-16-1 of the code of West Virginia, 1931, as amended, be amended and reenacted; and that §17C-16-4 of said code be amended and reenacted, all to read as follows:
ARTICLE 16. INSPECTION OF VEHICLES.

§17C-16-1. Vehicles not to operate without required equipment or in unsafe condition.

No person shall drive or move on any highway any motor vehicle, trailer, semitrailer, or pole trailer, including those vehicles exempt from registration requirements under the provisions of subdivision (6) of subsection (a) of section two, article three, chapter seventeen-a of this code or any combination thereof unless the equipment upon any and every said vehicle is in good working order and adjustment as required in this chapter and said the vehicle is in such safe mechanical condition as not to endanger the driver or other occupant or any person upon any highway.
§17C-16-4. Commissioner to require periodical inspection; acceptance of certificate of inspection from another state; suspension of registration of unsafe vehicles.

(a) The commissioner of motor vehicles shall once each year require that every motor vehicle, trailer, semitrailer, and pole trailer registered in this state, including those vehicles exempt from registration requirements under the provisions of subdivision (6), subsection (a), section two, article three, chapter seventeen-a of this code if driven on any road or highway of this state be inspected and that an official certificate of inspection and approval be obtained for each such vehicle.
Such inspections shall be made and such certificates obtained with respect to the mechanism, brakes, and equipment of every such vehicle as shall be designated by the commissioner.
The commissioner is hereby authorized to make necessary rules and regulations for the administration and enforcement of this section and to designate any period or periods of time during which owners of any vehicles, subject to this section, shall display upon such vehicles certificates of inspection and approval or shall produce the same upon demand of any officer or employee of the department designated by the commissioner or any police or peace officer when authorized by the commissioner.
(b) The commissioner may authorize the acceptance in this state of a certificate of inspection and approval issued in another state having an inspection law similar to this chapter and may extend the time within which a certificate shall be obtained by the resident owner of a vehicle which was not in this state during the time an inspection was required.
(c) The commissioner may suspend the registration of any vehicle which he or she determines is in such unsafe condition as to constitute a menace to safety or which after notice and demand is not equipped as required in this chapter or for which a required certificate has not been obtained.
(d) If requested by the owner thereof
, the commissioner shall also cause to be inspected a Class A, farm use, motor vehicle exempt from annual registration certificate and licensing as provided in section two, article three, chapter seventeen-a of this code. If the Class A farm use motor vehicle passes the inspection, the commissioner shall cause to be issued a certificate of inspection for that vehicle.



NOTE: The purpose of this bill is to require certain nonfarm use motor vehicles which are exempt from registration to be inspected if they are driven on the roads and highways of this state.

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