Senate Bill No. 601
(By Senators Unger, Green, Snyder, Stollings and Plymale)
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[Introduced March 16, 2009; referred to the Committee on
Transportation and Infrastructure; and then to the Committee on
Finance.]
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A BILL to amend and reenact §17C-6-7 of the Code of West Virginia,
1931, as amended, relating to the requirement that signs be
posted indicating the type of surveillance used to detect the
speed of a moving vehicle.
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 or reflected light.
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 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 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 eliminate the requirement
that the Division of Highways post signs indicating the type of
surveillance equipment used to determine the speed of a moving
vehicle.
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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