WVC 17 D-
CHAPTER 17D. MOTOR VEHICLE SAFETY RESPONSIBILITY LAW.
WVC 17 D- 6 -
ARTICLE 6. GENERAL PROVISIONS.
WVC 17 D- 6 - 1
§17D-6-1. Chapter inapplicable to government-owned vehicles.
This chapter shall not apply with respect to any vehicle
owned by the United States, this state or any political
subdivision of this state or any municipality therein.
WVC 17 D- 6 - 2
(a) Any person in whose name more than twenty-five vehicles
are registered may qualify as a self-insurer by annually obtaining
a certificate of self-insurance issued by the commissioner as
provided in subsection (b) of this section.
(b) The commissioner may, in his or her discretion, upon the
application of such a person, issue a certificate of self-insurance
when he or she is satisfied that such person is possessed and will
continue to be possessed of ability to pay judgments obtained
against such person. The commissioner may not issue a certificate
of self-insurance unless the applicant is listed as the registered
owner of the motor vehicles and the applicant files an itemized
financial statement that reflects a minimum of one million dollars
in total assets. The listed assets must be wholly owned by the
(c) A self-insured applicant, under the provisions of this
section, shall notify the commissioner upon his or her filing of a
petition for bankruptcy and shall comply with the provisions of
section ten, article four, chapter seventeen-a of this code related
to the issuance of salvage certificates and the determination of a
vehicle as a total loss.
(d) Upon not less than five days' notice and a hearing
pursuant to the notice, the commissioner may upon reasonable
grounds cancel a certificate of self-insurance. Failure to pay any
judgment within thirty days after such judgment shall have become final, shall constitute a reasonable ground for the cancellation of
a certificate of self-insurance.
WVC 17 D- 6 - 3
§17D-6-3. Repeal of existing laws.
This chapter shall in no respect be considered as a repeal
of the motor vehicle laws of this state but shall be construed as
The existing motor vehicle safety responsibility law is
hereby repealed except with respect to any accident, or judgment
arising therefrom, or violation of the motor vehicle laws of this
state, occurring prior to the effective date of this chapter.
WVC 17 D- 6 - 4
§17D-6-4. Chapter not to have retroactive effect.
This chapter shall not have a retroactive effect and shall
not apply to any accident, or judgment arising therefrom, or
violation of the motor vehicle laws of this state, occurring
prior to the effective date of this chapter.
WVC 17 D- 6 - 5
§17D-6-5. Jurisdiction of crimes by justices.
Justices of the peace shall have concurrent jurisdiction
with the circuit, criminal and intermediate courts to enforce the
misdemeanor penalties prescribed by this chapter.
WVC 17 D- 6 - 6
§17D-6-6. Chapter not to prevent other process.
Nothing in this chapter shall be construed as preventing the
plaintiff in any action at law from relying for relief upon the
other processes provided by law.
WVC 17 D- 6 - 7
If any part or parts of this chapter shall be held
unconstitutional, such unconstitutionality shall not affect the
validity of the remaining parts of this chapter. The Legislature
hereby declares that it would have passed the remaining parts of
this chapter if it had known that such part or parts thereof
would be declared unconstitutional.
Note: WV Code updated with legislation passed through the 2012 1st Special Session