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Introduced Version House Bill 4271 History

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H. B. 4271

(By Delegates Varner, Schadler,

Ross and Lawrence)

[Introduced February 2, 2010; 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 speed restrictions; prima facie evidence of speed by certain devices; changing Department of Public Safety to State Police in this section of said code; and applying this section to all municipalities of the state.

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:
§17C-6-7. Prima facie evidence of speed by devices employing microwaves or reflected light; placing of signs relative to radar or laser.

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 reflected light, when such evidence is obtained by members of the department of public safety 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 the 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 Division of Highways 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 apply the law relating to the use of speed detecting devises to all municipalities, rather than just to Class I, II and II as is now the law.

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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