H. B. 2989

(By Delegates Boggs and Miley)
[Introduced March 11, 2005; referred to the
Committee on Government Organization.]

A BILL to amend and reenact §17A-3-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17A-9-5 and §17A-9-7 of said code, all relating to the authority of the Division of Motor Vehicles to refuse to register and to suspend or revoke motor vehicle registrations of motor carriers whose authority to operate in interstate commerce has been denied or suspended by the federal Motor Carrier Safety Administration.

Be it enacted by the Legislature of West Virginia:
That §17A-3-7 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §17A-9-5 and §17A-9-7 of said code be amended and reenacted, all to read as follows:

ARTICLE 3. ORIGINAL AND RENEWAL OF REGISTRATION; ISSUANCE OF

CERTIFICATE OF TITLE.

§17A-3-7. Grounds for refusing registration or certificate of title.

The department Division shall refuse registration or issuance of a certificate of title or any transfer of registration upon any of the following grounds:
(1) That the application contains any false or fraudulent statement or that the applicant has failed to furnish required information or reasonable additional information requested by the department Division or that the applicant is not entitled to the issuance of a certificate of title or registration of the vehicle under this chapter;
(2) That the applicant fails to present a statement of insurance or proof of other security as required pursuant to the provisions of section three of this article;
(3) That the vehicle is mechanically unfit or unsafe to be operated or moved upon the highways;
(4) That the department Division has reasonable grounds to believe that the vehicle is a stolen or embezzled vehicle or that the granting of registration or the issuance of certificate of title would constitute a fraud against the rightful owner or other person having a valid lien upon such vehicle;
(5) That the registration of the vehicle stands suspended or revoked for any reason as provided in the motor vehicle laws of this state;
(6) That the required fee has not been paid; or
(7) That the vehicle is operated by a commercial motor carrier who has failed to provide a federal motor carrier identification number (usdot number) or whose authority to operate in interstate commerce has been denied or suspended by the federal Motor Carrier Safety Administration.

ARTICLE 9. OFFENSES AGAINST REGISTRATION LAWS AND SUSPENSION OR REVOCATION OF REGISTRATION.

§17A-9-5. Authority of Division to suspend or revoke registration, certificate, etc.

The department Division is hereby authorized to suspend or revoke the registration of a vehicle or a certificate of title, registration card, or registration plate, or any nonresident or other permit in any of the following events:
(1) When the department Division is satisfied that such registration or that such certificate, card, plate, or permit was fraudulently or erroneously issued;
(2) When the department Division determines that a registered vehicle is mechanically unfit or unsafe to be operated or moved upon the highways;
(3) When a registered vehicle has been dismantled or wrecked;
(4) When a registration card, registration plate, or permit is knowingly displayed upon a vehicle other than the one for which issued;
(5) When the department Division determines that the owner has committed any offense under this article involving the registration or the certificate, card, plate, or permit to be suspended or revoked; or
(6) When the vehicle is operated by a commercial motor carrier whose authority to operate in interstate commerce has been denied or suspended by the federal Motor Carrier Safety Administration; or
(6) (7) When the department Division is so authorized under any other provision of law.

§17A-9-7. Surrender of evidences of registration, etc., upon cancellation, suspension or revocation; willful failure or refusal to surrender; fee for reinstatement.

(a) Whenever the registration of a vehicle, a certificate of title, a registration card, registration plate or plates, a temporary registration plate or marker, the right to issue temporary registration plates or markers, any nonresident or other permit, or any license certificate or dealer special plates issued under the provisions of article six of this chapter, is canceled, suspended or revoked as authorized in this chapter, the owner, holder or other person in possession of the evidences of the registration, title, permit or license or any special dealer plates shall, except as otherwise provided in article six of this chapter, immediately return the evidences of the registration, title, permit or license that was canceled, suspended or revoked, together with any dealer special plates relating to any license certificate, or any dealer special plate or plates if only the dealer special plate is suspended, to the Division: Provided, That the owner or holder shall, before reinstatement, pay a fee of ten dollars in addition to all other fees, which shall be collected by the Division and credited to a special revolving fund in the State Treasury to be appropriated to the Division for use in enforcement of the provisions of this code.
(b) If any person willfully fails or refuses to return to the Division the evidences of the registration, title, permit or license that have been canceled, suspended or revoked, or any dealer special plates, when obligated so to do as provided in this section, the Commissioner shall immediately notify the Superintendent of the State Police who shall, as soon as possible, secure possession of the evidence of registration, title, permit or license or any special dealer plates and return it to the Division. The Superintendent of the State Police shall make a report in writing to the Commissioner, within two weeks after being notified by the Commissioner, as to the result of his or her efforts to secure the possession and return of the evidences of registration, title, permit or license, or any dealer special plates.
(c) If any commercial motor carrier willfully fails or refuses to return to the Division the evidences of the registration that have been suspended or revoked as provided in this section, the Commissioner shall immediately notify the Public Service Commission which shall, as soon as possible, secure possession of the evidence of registration and return it to the Division. The Public Service Commission shall make a report in writing to the Commissioner, within two weeks after being notified by the Commissioner, as to the result of its efforts to secure the possession and return of the evidences of registration.
(d) For each registration, certificate of title, registration card, registration plate or plates, temporary registration plate or marker, permit, license certificate or dealer special plate, which the owner, holder or other person in possession of the registration, title, permit or license or any special dealer plates shall have willfully failed or refused, as provided in this section, to return to the Division within ten days from the time that the cancellation, suspension or revocation becomes effective, and which has been certified to the Superintendent of the State Police as specified in this section, the owner or holder shall, before the registration, title, permit or license or any special dealer plates may be reinstated, if reinstatement is permitted, in addition to all other fees and charges, pay a fee of fifteen dollars, which shall be collected by the Division of Motor Vehicles, paid into the State Treasury and credited to the General Fund to be appropriated to the State Police for application in the enforcement of the road laws.
A total of twenty-five dollars may be collected on each reinstatement for each vehicle to which any cancellation, suspension or revocation relates. Provided, That
(e) When any motor vehicle registration is suspended for failure to maintain motor vehicle liability insurance the reinstatement fee is one hundred dollars, and if the vehicle owner fails to surrender the vehicle registration and the orders go to the State Police, an additional fee of fifty dollars shall be required before the motor vehicle registration may be reinstated. A total of one hundred fifty dollars may be collected on each reinstatement of any motor vehicle registration canceled, suspended or revoked for failure to maintain motor vehicle liability insurance.

NOTE: The purpose of this bill is to authorize the Division of Motor Vehicles to suspend or refuse to register vehicles of motor carriers whose authority to operate in interstate commerce has been denied or suspended by the Federal Motor Carrier Safety Administration as unsafe.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.