H. B. 2006
(By Delegate Talbott)
[Introduced February 11, 2009; referred to the
Committee on Roads and Transportation then the
Judiciary.]
A BILL to amend and reenact §17D-2A-4
of the Code of West Virginia,
1931, as amended, relating to affixing the certificate of
insurance to motor vehicle windshields; criminal penalties.
Be it enacted by the Legislature of West Virginia:
That §17D-2A-4
of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2A. SECURITY UPON MOTOR VEHICLES.
§17D-2A-4. Certificate of insurance.
(a) All insurance carriers transacting insurance in this state
shall supply a certificate to the insured or to any person subject
to the registration provisions of article three, chapter
seventeen-a of this code, certifying that there is in effect a
motor vehicle liability policy upon such motor vehicle in
accordance with the provisions of article three, chapter
seventeen-a of this code. The certificate shall give its effective date and the effective date of the policy and, unless the policy is
issued to a person who is not the owner of a motor vehicle, must
designate by explicit description, in such detail as the
commissioner of the Division of Motor Vehicles shall by rule
require, all motor vehicles covered and all replacement vehicles of
similar classification: Provided, That on and after the first day
of July, one thousand nine hundred eighty-four, insurance companies
shall supply a certificate of insurance in duplicate for each
policy term and for each vehicle included in a policy, except for
those listed in a fleet policy. Each such certificate of insurance
shall list the name of the policyholder and the name of the vehicle
owner if different from the policyholder.
The certificate must specify for each vehicle listed therein,
that there is a minimum liability insurance coverage not less than
the requirements of section two, article four, chapter seventeen-d
of this code.
(b) The certificate provided pursuant to the provisions of
this section or other proof of insurance shall be carried by the
insured in the appropriate vehicle for use as proof of security,
and must be presented at the time of vehicle inspection as required
by article sixteen, chapter seventeen-c of this code: Any person
violating the provisions of this subsection is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not less
than two hundred dollars nor more than five thousand dollars; and upon a second or subsequent conviction, shall be fined not less
than two hundred dollars nor more than five thousand dollars, or
confined in the county or regional jail for not less than fifteen
days nor more than one year, or both: Provided, That an insured
shall not be guilty of a violation of this subsection (b) if he or
she furnishes proof that such insurance was in effect within seven
days of being cited for not carrying such certificate or other
proof in such vehicle.
(C) As used in this section, proof of insurance means a
certificate of insurance, an insurance policy, a mechanically
reproduced copy of an insurance policy or a certificate of
self-insurance, or copy of the current registration issued to a
motor carrier by the Public Service Commission: (1) through the
single state registration system established pursuant to section
fourteen, article six-a of this code; or (2) pursuant to the
provisions of section four, article six, chapter twenty-four-a of
this code. The certificate of insurance is a decal to be affixed
to the windshield of a motor vehicle and shall contain the serial
number, make and model of the insured vehicle, and a number 1
through 12, which identifies the month of purchase of liability
insurance. The certificate of insurance is color coded to identify
the length of purchase of insurance coverage with the color red to
identify insurance coverage purchased for a period of three months,
the color blue to identify insurance coverage purchased for a period of six months and the color green to identify insurance
coverage purchased for a period of one year. A certificate of
insurance mandated by this article is provided for each vehicle
insured.
(b) All certificates of insurance issued pursuant to this
section are the property of the state and are affixed by the owner
of the vehicle covered by the required security only during such
time as such security which it represents remains in full force and
effect. Every vehicle owner shall immediately remove from such
vehicle any certificate of insurance representing security which he
or she knows has been terminated, canceled, impaired or is
otherwise ineffective to serve as security for such vehicle.
(c) Every vehicle owner meeting the security requirements of
this article through the purchase of a contract of insurance shall
obtain within 30 days a certificate of insurance evidencing such
security from the authorized insurance company or its authorized
agent with which he or she has contracted for such security. The
commissioner shall furnish or authorize for each insurer sufficient
quantities of such certificates of insurance as they may require
for each vehicle which such insurer reasonably expects to insure
during each period for which its policies of insurance are expected
to be in force.
(d) Every authorized insurance company which cancels or
refuses to renew any contract of insurance on any vehicle insured by it for any vehicle owner prior to the normal expiration date of
the certificate of insurance which it has furnished such owner for
such vehicle shall notify such owner of the date which the
certificate of insurance will no longer be in full force and effect
and should be removed from the vehicle.
(e) Every authorized insurance company which cancels any
contract of insurance shall provide the insured, as well as the
Superintendent of the Division of Public Safety, notice of such
cancellation.
(f) Every authorized insurance company shall provide notice of
cancellation to the Superintendent of the Division of Public Safety
within 30 days following the voluntary cancellation of a policy of
insurance by a policyholder during the policy period.
(g) Every authorized insurer shall, upon the request of the
Commissioner of the Division of Motor Vehicles, furnish to the
commissioner with regard to any numbered certificate of insurance
furnished by it, the name of the owner for whom the security was
provided, the vehicle insured by such security and the beginning
and ending dates during which the security was in full force and
effect.
(h) Upon complaint by any person filed with the commissioner
on a form to be prescribed by him or her alleging that any
certificate of insurance was improperly affixed to any vehicle
because the security therefor was not then in full force and effect, the commissioner shall determine the probable validity of
said complaint by inquiry pursuant to subsection (g) of this
section and shall certify the results of his or her findings to the
complainant and, if the security was not in full force and effect
on the date alleged, shall send a copy thereof to the
Superintendent of the Division of Public Safety, who shall enforce
the penalties provided in this section.
(i) The commissioner may, by rule, provide for:
(1) A temporary certificate of insurance which may be
displayed in lieu of the original or permanent decal or certificate
of insurance required by this section for a period not to exceed 30
days, during which time the owner of such vehicle shall secure the
permanent decal or certificate of insurance required by this
section; or
(2) Every motor vehicle dealer or owner of more than five
motor vehicles providing the required security under an insurance
policy that provides automatic coverage for all owned vehicles may
be furnished a supply sufficient for his or her needs of
certificates of insurance or other evidence of such security by his
or her insurer. A certificate of insurance evidencing coverage by
a motor vehicle dealer shall not expire until that dealer ceases to
own the vehicle or ceases to maintain insurance coverage.
(j) All state, city and county police officers shall issue a
citation for violation of this section to the owner or operator of any vehicle which has neither a current certificate of insurance
affixed thereto or a temporary certificate of insurance as required
by this section.
(k) The owner of any vehicle who fails to have in full force
and effect security required by this section and who does not have
any certificate of insurance affixed to the vehicle is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not less
than $50.00 nor more than $500.00 and shall have the license plates
thereof suspended for a period of 30 days or until such time
thereafter as proof, in a form satisfactory to the commissioner, is
furnished that such security is then and will remain in effect.
(l) The owner of any vehicle who fails to have in full force
and effect the security required by this section and who has
affixed to the vehicle a certificate of insurance which he or she
knows is not in full force and effect, is guilty of a misdemeanor
and, upon conviction thereof, shall be fined not less than $50.00
nor more than $500.00 and shall have the license plates of such
vehicle suspended for a period of 90 days or until such time
thereafter as proof, in a form satisfactory to the commissioner, is
furnished that such security is then and will remain in effect.
(m) The owner of any vehicle who fails to have in full force
and effect the security required by this section and who has
affixed to the vehicle a certificate of insurance which he or she
knows is fraudulent or counterfeit is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500.00 nor
more than $1,000.00 and shall have the license plates of such
vehicle suspended for a period of one year or until such time
thereafter as proof, in a form satisfactory to the commissioner, is
furnished that such security is then and will remain in effect.
(n) Any person who fraudulently distributes any certificate of
insurance or temporary certificate of insurance or who knowingly
distributes a counterfeit certificate of insurance to any person
for any vehicle is guilty of a misdemeanor and, upon conviction
thereof, is fined not less than $500.00 nor more than $1,000.00 or
confined to jail for a period not to exceed 30 days or both fined
and confined.
(o) An insured is not guilty of a violation of this section
if, within seven days of being cited for the violation, he or she
furnishes proof that such insurance was in full force and effect at
the time of the citation. As used in this section, proof of
insurance means a decal, an insurance policy, a mechanically
reproduced copy of an insurance policy or a certificate of self
insurance.
NOTE: The purpose of this bill is to require color coded
certificates of insurance to be placed on the windshield of the
insured motor vehicle and to provide penalties for violations of
this section.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.