Senate Bill No. 448
(By Senators Beach, Plymale, Fitzsimmons and Williams)
[Introduced March 5, 2013; referred to the Committee on
Transportation and Infrastructure; and then to the Committee on
A BILL to amend and reenact §17A-6-10c of the Code of West
Virginia, 1931, as amended, relating to authorizing the
commissioner to issue no more than ten additional special
demonstration plates, upon a showing of need, to new and used
motor vehicle dealers engaged in the business of selling
trailers, truck-tractors, road-tractors or trucks and that
demonstrate the motor vehicles under actual work conditions to
Be it enacted by the Legislature of West Virginia:
That §17A-6-10c of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 6. LICENSING OF DEALERS AND WRECKERS OR DISMANTLERS;
SPECIAL PLATES; TEMPORARY PLATES OR MARKERS.
PART III. FEES AND DEALER SPECIAL PLATES GENERALLY.
§17A-6-10c. Special demonstration plates for dealers in trailers,
truck-tractors, road-tractors and trucks;
(a) Notwithstanding any other provisions of this code,
new motor vehicle dealer or used motor vehicle dealer engaged in
the business of selling trailers, truck-tractors, road-tractors or
trucks who demonstrates that demonstrates the motor vehicles under
actual work conditions to potential purchasers shall obtain a
special demonstration plate from the Division of Motor Vehicles.
The motor vehicle dealer may obtain special demonstration plates
without first titling or registering each vehicle.
(b) The commissioner shall prescribe the application form for
these special demonstration plates and shall require the applicant
to submit proof of the applicant's status as a bona fide dealer in
motor vehicles and to certify that the applicant needs special
demonstration plates in the ordinary course of business.
The commissioner, upon approving
any an application, shall
issue to the new motor vehicle dealer or used motor vehicle dealer
up to four special demonstration plates which shall display the
term "demonstration" or "demo" and a distinguishing number assigned
to the motor vehicle dealer.
The commissioner may
issue no more
than ten additional special demonstration plates at the fee of $50 for each additional plate upon a showing that the licensee has
sales or potential sales justifying additional plates. This
showing may include, but is not limited to, the dealer's on-site
inventory of the applicable type of vehicles, previous sales to
residents and nonresidents of applicable vehicles or the
geographical divergence of the dealer's customer base.
(c) The annual fee for special demonstration plates is $100
for the first plate and $50 for each additional plate, not to
exceed a total of
four fourteen plates per dealer.
(d) Each motor vehicle dealer who is issued special
demonstration plates shall keep a written record, on a form
approved by the commissioner and open to inspection by a police
officer or employee of the division, containing the following
(1) Identification of the motor vehicles upon which the
special demonstration plates are used;
(2) The times and dates during which each special
demonstration plate is used;
(3) The name and address of the company or individual using a
motor vehicle on which a special demonstration plate is used; and
any Other information considered necessary by the
commissioner. This record shall be open to inspection by any
police officer or employee of the division. (e) Each motor vehicle operated under the provisions of this
section is considered to be registered at the maximum vehicle
weights allowable under article seventeen, chapter seventeen-c of
(f) A motor vehicle dealer shall not:
any a special demonstration plates plate issued under
the provisions of this section on any a motor vehicle which is not
any a special demonstration plates plate to
demonstrate any a single motor vehicle for more than seven calendar
days in any a calendar year for any a single customer;
any a special demonstration plates on any plate on a
motor vehicle leased or rented to any a customer; or
any a special demonstration plates plate in any way
other than to demonstrate the on-the-job capabilities of a motor
vehicle to a potential purchaser.
(g) The motor vehicle dealer is required to furnish a
certificate of insurance in the amount required by regulations of
the West Virginia Public Service Commission or the United States
Department of Transportation for the class of motor carrier for
which the motor vehicle is to be demonstrated.
NOTE: The purpose of this bill is to increase the cap on the
number of demonstration dealer plates that may be issued to new and
used dealers of large, commercial type vehicles.
Strike-throughs indicate language that would be stricken from
the present law and underscoring indicates new language that would