Senate Bill No. 601

(By Senators Unger, Green, Snyder, Stollings and Plymale)

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[Introduced March 16, 2009; referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance
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A BILL to amend and reenact §17C-6-7 of the Code of West Virginia, 1931, as amended, relating to the requirement that signs be posted indicating the type of surveillance used to detect the speed of a moving vehicle.

Be it enacted by the Legislature of West Virginia:
That §17C-6-7 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 6. SPEED RESTRICTIONS.
§17C-6-7. Prima facie evidence of speed by devices employing microwaves or reflected light.

The speed of a motor vehicle 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 or reflected light, when such evidence is obtained by members of the department of public safety West Virginia State Police, by police officers of incorporated municipalities in classes one, two and three, as defined in chapter eight-a of this code, and by the sheriff and his or her deputies of the several counties of the state. The evidence so obtained shall be accepted as prima facie evidence of the speed of such vehicle.
In order to inform and educate the public generally that speed of motor vehicles operating within the state is being tested by radar or laser mechanisms, the Division of Highways shall locate and place suitable and informative stationary and movable signs at strategic points on and along highways in each county of the state giving notice to the public that such radar or laser mechanisms are in use.



NOTE: The purpose of this bill is to eliminate the requirement that the Division of Highways post signs indicating the type of surveillance equipment used to determine the speed of a moving vehicle.

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