Bill Text: WV HB2061 | 2018 | Regular Session | Introduced
Bill Title: Relating to inspection of vehicles and providing that defects in windshields and windows that do not obscure vision are not unsafe conditions
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-01-10 - To House Roads and Transportation [HB2061 Detail]
Download: West_Virginia-2018-HB2061-Introduced.html
WEST virginia Legislature
2017 regular session
By
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to the Committee on Roads and Transportation then the Judiciary.
A BILL to amend and
reenact §17C-16-2 and §17C-16-4 of the Code of West Virginia, 1931, as amended,
all relating to inspection of vehicles and providing that defects in
windshields and windows that do not obscure vision are not unsafe conditions
preventing a vehicle from passing state inspection.
Be it enacted by the
Legislature of West Virginia:
That §17C-16-2 and §17C-16-4
of the Code of West Virginia, 1931, as amended, be amended and reenacted, all
to read as follows:
ARTICLE 16. INSPECTION OF VEHICLES.
§17C-16-2.
Inspection by the Department of Public Safety West Virginia State Police.
(a) The Department of Public Safety West Virginia
State Police may at any time upon reasonable cause to believe that a
vehicle is unsafe or not equipped as required by law, or that its equipment is
not in proper adjustment or repair, require the driver of such vehicle to stop
and submit such vehicle to an inspection and such test with reference thereto
as may be appropriate.
(b) In the event such If the vehicle and its
equipment are found to be in safe condition and in full compliance with the
law, the officer making such the inspection shall issue to the
driver an official certificate of inspection and approval of such vehicle
specifying those parts or equipment so inspected and approved.
(c) In the event such If the vehicle is found
to be in unsafe condition or any required part or equipment is not present or
is not in proper repair and adjustment the officer shall give a written notice
to the driver and shall send a copy to the department. Said The notice shall require
that such the vehicle be placed in safe condition and its
equipment in proper repair and adjustment specifying the particulars with
reference thereto and that a certificate of inspection and approval be obtained
within five days.
(d) Vehicles with defects in
windshields and windows that do not obscure vision may not be determined to be
in an unsafe condition preventing a vehicle from passing state inspection.
§17C-16-4. Superintendent of the West Virginia State
Police to require periodical inspection; acceptance of certificate of
inspection from another state; suspension of registration of unsafe vehicles.
(a) The Superintendent of the
West Virginia State Police shall once each year require that every motor
vehicle, trailer, semitrailer and pole trailer registered in this state be
inspected and that an official certificate of inspection and approval be
obtained for each vehicle.
The inspections shall be made
and the certificates obtained with respect to the mechanism, brakes and
equipment of every vehicle designated by the superintendent: Provided, That vehicles with
defects in windshields and windows that do not obscure vision may not be
determined to be in an unsafe condition preventing a vehicle from passing state
inspection.
The superintendent may make
necessary rules for the administration and enforcement of this section and may
designate any period or periods during which owners of any vehicles, subject to
this section, shall display upon the vehicles certificates of inspection and
approval or shall produce the certificates upon demand of any officer or
employee of the State Police designated by the superintendent or any police or
peace officer when authorized by the superintendent.
(b) The superintendent may
authorize the acceptance in this state of a certificate of inspection and
approval issued in another state having an inspection law similar to this
chapter and may extend the time within which the resident owner of a vehicle
which was not in this state during the time an inspection was required must
obtain a certificate.
(c) At the request of the superintendent,
the Commissioner of the Division of Motor Vehicles may suspend the registration
of any vehicle which the superintendent determines is in such an unsafe
condition that it constitutes a menace to safety or which after notice and
demand is not equipped as required in this chapter or for which the vehicle’s
owner has not obtained the required certificate.
(d) If requested by the owner of the vehicle, the superintendent
shall also cause to be inspected a Class A farm use motor vehicle exempt from
annual registration certificate and licensing as provided in section two,
article three, chapter seventeen-a of this code. If the Class A farm use motor vehicle passes
the inspection, the superintendent shall cause a certificate of inspection to
be issued for that vehicle.
NOTE: The purpose of this bill is
to provide that defects in windshields and windows that do not obscure vision
are not unsafe conditions preventing a vehicle from passing state inspection.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.