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Introduced Version House Bill 2859 History

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hb2859 intr
H. B. 2859


          (By Delegates Staggers, L. Phillips, P. Smith, Gearheart, Cowles, D. Poling, Longstreth and Lynch)

          [Introduced March 7, 2013; referred to the
          Committee on Roads and Transportation then Finance.]


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 to a new motor vehicle dealer or used motor vehicle dealer engaged in the business of selling trailers, truck-tractors, road-tractors or trucks, who demonstrates the motor vehicles under actual work conditions to potential purchasers upon a showing of need.
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.
§17A-6-10c. Special demonstration plates for dealers in trailers, truck-tractors, road-tractors and trucks; application; fee.
                                            (a) Notwithstanding any other provisions of this code, any new motor vehicle dealer or used motor vehicle dealer engaged in the business of selling trailers, truck-tractors, road-tractors or trucks who 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 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. The 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, containing the following information: Identification of the motor vehicles upon which the special demonstration plates are used; the times and dates during which each special demonstration plate is used; 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 this code.
                                            (f) A motor vehicle dealer shall may not: (1) Use any special demonstration plates issued under the provisions of this section on any motor vehicle which is not being demonstrated; (2) use any special demonstration plates to demonstrate any single motor vehicle for more than seven calendar days in any calendar year for any single customer; (3) use any special demonstration plates on any motor vehicle leased or rented to any customer; or (4) use any special demonstration plates 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 the bill is to increase the cap on the number of dealer plates that may be used by new and used dealers of larger commercial type vehicles.


                                            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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