ENGROSSED
Senate Bill No. 493
(By Senator Bowman)
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[Introduced March 24, 1997; referred to the
Committee on the Judiciary.]
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A BILL to amend and reenact section seven, article six, chapter
seventeen-c of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to allowing class
four municipalities to employ radar devices for enforcing
speeding laws.
Be it enacted by the Legislature of West Virginia:
That section seven, article six, chapter seventeen-c of the
code of West Virginia, one thousand nine hundred thirty-one, 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; placing of signs relative to radar.
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, when
such the evidence is obtained by qualified members of the
department of public safety state police, by qualified police
officers of incorporated municipalities in classes one, two, and
three and four, as defined in chapter eight-a sections two and
three, article one, chapter eight of this code, and by the
sheriff and his or her qualified 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 mechanisms, the state road commission
commissioner 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 mechanisms are in use.