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Introduced Version House Bill 3239 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 3239


(By Delegate Canterbury (By Request))

[Introduced January 13, 2010; referred to the

Committee on Roads and Transportation then the Judiciary.]





A BILL to amend and reenact §17C-1-2, §17C-1-3, and §17C-1-65 of the Code of West Virginia, 1931, as amended, to include medical scooters within the definition of "motor vehicle" for purposes of driving under the influence.

Be it enacted by the Legislature of West Virginia:

That §17C-1-2, §17C-1-3, and §17C-1-65 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 1. WORDS AND PHRASES DEFINED.

§17C-1-2. Vehicle.

"Vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks or wheelchairs.

§17C-1-3. Motor vehicle.

"Motor vehicle" means every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. except motorized wheelchairs.

17C-1-65. Wheelchair.

(a) "Wheelchair" means a motorized or nonmotorized wheeled device designed for, and used by, a person with disabilities that is incapable of a speed in excess of eight miles per hour. This definition includes a medical scooter having two to four wheels, is motorized, and is normally used as a durable medical equipment item by those with limited mobility due to for example: stroke, severe arthritis, multiple sclerosis, muscular dystrophy or mild cerebral palsy.

(b) A medical scooter as defined in this section shall be considered a "motor vehicle" pursuant to articles five, five-a, and five-b of this chapter of the Code.




NOTE: This bill shall proscribe the operation of a medical scooter while under the undue influence of drugs and or alcohol, and render such operation as driving under the influence.

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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