H. B. 3239
(By Delegate Canterbury (By Request))
[Introduced January 13, 2010; referred to the
Committee on Roads and Transportation then the Judiciary.]
A BILL to amend and reenact §17C-1-2, §17C-1-3, and §17C-1-65 of
the Code of West Virginia, 1931, as amended, to include
medical scooters within the definition of "motor vehicle" for
purposes of driving under the influence.
Be it enacted by the Legislature of West Virginia:
That §17C-1-2, §17C-1-3, and §17C-1-65 of the Code of West
Virginia, 1931, as amended, be amended and reenacted to read as
follows:
ARTICLE 1. WORDS AND PHRASES DEFINED.
§17C-1-2. Vehicle.
"Vehicle" means every device in, upon or by which any person
or property is or may be transported or drawn upon a highway,
except devices moved by human power or used exclusively upon
stationary rails or tracks or wheelchairs.
§17C-1-3. Motor vehicle.
"Motor vehicle" means every vehicle which is self-propelled
and every vehicle which is propelled by electric power obtained
from overhead trolley wires, but not operated upon rails. except
motorized wheelchairs.
17C-1-65. Wheelchair.
(a) "Wheelchair" means a motorized or nonmotorized wheeled
device designed for, and used by, a person with disabilities that
is incapable of a speed in excess of eight miles per hour. This
definition includes a medical scooter having two to four wheels, is
motorized, and is normally used as a durable medical equipment item
by those with limited mobility due to for example: stroke, severe
arthritis, multiple sclerosis, muscular dystrophy or mild cerebral
palsy.
(b) A medical scooter as defined in this section shall be
considered a "motor vehicle" pursuant to articles five, five-a, and
five-b of this chapter of the Code.
NOTE: This bill shall proscribe the operation of a medical
scooter while under the undue influence of drugs and or alcohol,
and render such operation as driving under the influence.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.