WEST virginia legislature

2016 regular session

Introduced

House Bill 4204

By delegates cadle, evans, d., cooper, ambler, moye, foster, butler, gearheart, householder, moffatt and smith, r.

[Introduced January 21, 2016;
referred to Committee on Roads and Transportation then Government Organization.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-16-10, relating to inspections of commercial motor vehicles, trailers, and semitrailers operating in interstate commerce need only meet the requirements for annual inspection that are comparable to, or effective as, requirements contained in the Federal Motor Carrier Safety Regulations.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §17C-16-10, to read as follows:

ARTICLE 16: INSPECTION OF VEHICLES.

§17C-16-10. Inspection requirements for commercial motor vehicles.

Any commercial motor vehicle, trailer or semitrailer that operates in interstate commerce and is subject to the Federal Motor Carrier Safety Regulations, shall be exempt from inspection as required by this article provided:

(1) The commercial motor vehicle operates in interstate commerce;

(2) The commercial motor vehicle is found to meet the federal requirements for annual inspection through a self-inspection, a third-party inspection, a Commercial Vehicle Safety Alliance inspection, or a periodic inspection performed by any state with a program;

(3) The inspection has been determined by the Federal Motor Carrier Safety Administration to be comparable to or as effective as the requirements of 49 C.F.R. § 396.3(a); and

 (4) Documentation of such determination as provided in 49 C.F.R. § 396.3(b) is available for review by law-enforcement officials to verify that the inspection is current.

NOTE: The purpose of this bill is to exempt commercial motor vehicles, trailers, and semi-trailers from separate state inspections provided they have met the requirements for annual inspection contained in the Federal Motor Carrier Safety Regulations.

This section is new; therefore, it has been completely underscored.