WEST virginia legislature
2016 regular session
Introduced
Senate Bill 94
By Senator Walters
[Introduced January 13,
2016;
Referred to the Committee on Transportation and Infrastructure; and then to the
Committee on Government Organization.]
A BILL to amend and reenact §17C-16-4 of the Code of West Virginia, 1931, as amended, relating to designating Superintendent of the West Virginia State Police as current administrator and enforcer of motor vehicle inspection program.
Be it enacted by the Legislature of West Virginia:
That §17C-16-4 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 16. INSPECTION OF VEHICLES.
§17C-16-4. Superintendent of the West Virginia State Police to require periodical inspection; acceptance of certificate of inspection from another state; suspension of registration of unsafe vehicles.
(a) The Commissioner
of Motor Vehicles Superintendent of the West Virginia State Police
shall once each year require that every motor vehicle, trailer, semitrailer and
pole trailer registered in this state be inspected and that an official
certificate of inspection and approval be obtained for each such
vehicle.
Such The inspections shall be made
and such the certificates obtained with respect to the mechanism,
brakes and equipment of every such vehicle as shall be designated
by the commissioner Superintendent.
The commissioner is
hereby authorized to Superintendent may make necessary rules and
regulations for the administration and enforcement of this section and to
may designate any period or periods of time during which owners
of any vehicles, subject to this section, shall display upon such the
vehicles certificates of inspection and approval or shall produce the same
certificates upon demand of any officer or employee of the department
State Police designated by the commissioner Superintendent
or any police or peace officer when authorized by the commissioner Superintendent.
(b) The commissioner
superintendent 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 must obtain a
certificate.
(c) At the request of
the Superintendent, the Commissioner of the Division of Motor Vehicles
may suspend the registration of any vehicle which he the Superintendent
determines is in such an unsafe condition as to constitute that
it constitutes 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 the vehicle’s owner has not obtained the required
certificate.
(d) If
requested by the owner thereof of the vehicle, the commissioner
Superintendent 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 Superintendent
shall cause to be issued a certificate of inspection to be issued
for that vehicle.
NOTE: The purpose of this bill is to authorize the Superintendent of the West Virginia State Police to make necessary rules as the current administrator and enforcer of the motor vehicle inspection program.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.