H. B. 2385
(By Delegates Webster, Palumbo and Hatfield)
[Introduced February 16, 2005; referred to the
Committee on Roads and Transportation then the
Judiciary.]
A BILL to amend and reenact §17C-6-7 of the code of West Virginia,
1931, as amended, relating to including the infrared laser
light as a device sufficiently reliable to be recognized as
providing prima facie evidence of the speed of a motor vehicle
in a legal proceeding.
Be it enacted by the Legislature of West Virginia:
That §17C-6-7 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 6. SPEED RESTRICTIONS.
§17C-6-7. Prima facie evidence of speed by devices employing
microwaves; placing of signs relative to radar.
The speed of a motor vehicle may be proved by evidence
obtained by use of any device designed to measure and indicate or
record the speed of a moving object by means of microwaves or by
infrared laser light, when such evidence is obtained by members of the department of public safety West Virginia State Police, by
police officers of incorporated municipalities in classes one, two
and three, as defined in chapter eight-a of this code, and by the
sheriff and his or her
deputies of the several counties of the
State. The evidence so obtained shall be accepted as prima facie
evidence of the speed of such vehicle.
In order to inform and educate the public generally that speed
of motor vehicles operating within the State is being tested by
radar or laser mechanisms, the State Road Commission shall locate
and place suitable and informative stationary and movable signs at
strategic points on and along highways in each county of the State
giving notice to the public that such radar or laser mechanisms are
in use.
NOTE: The purpose of this bill is to include the infrared
laser light as a mechanism recognized as providing prima facie
evidence of speed of a motor vehicle in a legal proceeding.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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