H. B. 3110
(By Delegates Michael, Doyle and Cann)
[Introduced February 21, 2003; referred to the
Committee on Roads and Transportation then Finance.]
A BILL to amend and reenact section forty-eight, article fifteen,
chapter seventeen-c of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; to amend and reenact
sections five, six and seven, article sixteen of said chapter;
and to further amend said article by adding thereto a new
section, designated section ten, all relating to transferring
motor vehicle inspection duties from the state police to the
commissioner of the division of motor vehicles.
Be it enacted by the Legislature of West Virginia:
That section forty-eight, article fifteen, chapter seventeen-c
of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted; that sections five, six and
seven, article sixteen of said chapter be amended and reenacted;
and that said article be further amended by adding thereto a new
section, designated section ten, all to read as follows:
ARTICLE 15. EQUIPMENT.
§17C-15-48. Alteration of motor vehicles; bumper height limits;
other modifications; exceptions; required
inspection; and rules of division of motor
vehicles.
(a) No person may operate upon a public highway any motor
vehicle registered or required to be registered in this state if it
has been modified by alteration of its height from the ground to
the extent that its bumpers, measured to any point on the lower
edge of the main horizontal bumper bar, exclusive of any bumper
guards, do not fall within the limits specified herein for its
gross vehicle weight rating category. The front and rear bumper
height of motor vehicles whose gross vehicle weight rating is ten
thousand pounds or less may be no less than six inches and no more
than thirty-one inches. In the absence of bumpers, and in cases
where bumper heights have been altered or modified, height
measurements shall be made to the bottom of the frame rail. If a
motor vehicle has a bumper, the bumper must be at least three
inches in vertical width, centered on the center line of the motor
vehicle and not less than the width of the wheel track distance.
The provisions of this subsection do not apply to motor vehicles
with a gross vehicle weight rating in excess of ten thousand
pounds. For the purpose of this subsection, the term "gross
vehicle weight ratings" means the manufacturer's gross vehicle weight ratings established for that vehicle.
(b) The maximum distance between the vehicle body to the vehicle
frame may not exceed three inches. The distance from the vehicle
body to the vehicle frame shall be measured from the vehicle body
mount seat to the vehicle frame mount seat: Provided, That the
maximum distance limitation shall may not prohibit a body lift kit
up to three inches to be added to the manufacturer's original
spacer between the body and the frame. No vehicle may be modified
to cause the vehicle body or chassis to come in contact with the
ground, expose the fuel tank to damage from collision or cause the
wheels to come in contact with the body under normal operation. No
part of the original suspension system may be disconnected to
defeat the safe operation of the suspension system. Modification
of the front end suspension by the use of lift blocks is expressly
prohibited.
(c) Nothing contained in this section prevents the installation
of heavy duty equipment, including shock absorbers and overload
springs.
(d) Nothing contained in this section prohibits the operation
on a public highway of a motor vehicle with normal wear to the
suspension system if such the normal wear does not adversely affect
the control of the vehicle.
(e) This section does not apply to specially designed or
modified motor vehicles when operated off the public highways in races and similar events. Such These motor vehicles may be
lawfully towed on the highways of this state.
(f) Modifications to motor vehicles, not prohibited herein,
shall be made in this section, are
subject to inspection as
provided in subsection (g) herein (h) of this section.
(g) Nothing contained in this section shall subject subjects a
vehicle modified solely by the installation of tires not larger
than two sizes beyond the maximum specified by the manufacturer to
inspection as provided in subsection (h) herein of this section.
(h) Any motor vehicle which has been altered from the
manufacturer's specification with respect to bumper height for that
vehicle make and model but within the allowable limits of
subsection (a) of this section or any motor vehicle which has been
altered from the manufacturer's specification for that vehicle make
and model with respect to the distance from the vehicle body to
vehicle frame but within the allowable limits of subsection (b) of
this section may be operated upon a public highway in this state,
subject to inspection hereunder under this section: Provided, That
any motor vehicle which has been altered from the manufacturer's
specification by lowering the bumper height for that vehicle make
and model within the allowable limits of subsection (a) shall be is
exempt from the inspection requirements hereunder under this
section and may be operated upon a public highway in this state
subject to provisions of article sixteen of this chapter. If a motor vehicle and its equipment subject to inspection under this
section are inspected and found to be in compliance with the
provisions of this section and to be otherwise in safe condition,
an official modified vehicle sticker shall be issued for display on
the vehicle. The fee for the modified vehicle stickers will be
twenty-five dollars with the division of public safety motor
vehicles establishing rules concerning such the inspection. Each
municipal, county and state law-enforcement agency must shall
record on accident report forms whether a modified vehicle was
involved in the accident.
(i) The division of public safety motor vehicles shall
promulgate rules shall propose rules for legislative approval in
accordance with the provisions of article three, chapter
twenty-nine-a of this code governing a complete safety inspection
of these vehicles and other rules as necessary to fully enforce and
implement the provisions of this section. Notwithstanding the
provisions of article three, chapter twenty-nine-a of this code,
the division of public safety may promulgate emergency legislative
rules relating to vehicle modifications under this section and such
rules shall be effective for a period of fifteen months beginning
with the month of November, one thousand nine hundred ninety-one.
ARTICLE 16. INSPECTION OF VEHICLES.
§17C-16-5. Permit for official inspection stations; fees for and
certificate of inspection.
(a) The superintendent of the state police Effective the first
day of July, two thousand three, the commissioner of the division
of motor vehicles is responsible for the inspection as provided in
this article and shall prescribe requirements and qualifications
for official inspection stations. He or she The commissioner shall
select and designate the stations and shall issue permits for
official inspection stations and furnish instructions and all
necessary forms for the inspection of vehicles as required in this
article and the issuance of official certificates of inspection and
approval. The certificate of inspection shall be a paper sticker
or decal to be affixed to the windshield of a motor vehicle, shall
be serially numbered and shall properly identify the official
inspection station which issued it. A charge of one dollar per
sticker shall be charged by the state police commissioner to the
inspection station, and the funds received shall be deposited into
the state treasury and credited to the account of the state police
commissioner for application in the administration and enforcement
of the provisions of this article. Any balance remaining in the
fund on the last day of June of each fiscal year, not required for
the administration and enforcement of the provisions of this
article, shall be transferred to the state road fund. The
superintendent commissioner may exchange stickers or make refunds
to official inspection stations for stickers on hand when permits
are revoked or when, for any reason, the stickers become obsolete.
(b) A person shall apply for a permit upon an official form
prescribed by the superintendent commissioner and the
superintendent commissioner shall grant permits only when the
superintendent commissioner is satisfied that the station is
properly equipped and has competent personnel to make the
inspections and adjustments and that the inspections and
adjustments will be properly conducted. The superintendent
commissioner, before issuing a permit, may require the applicant to
file a bond with surety approved by the superintendent
commissioner, conditioned that such the applicant, as a station
operator, will make compensation for any damage to a vehicle during
an inspection or adjustment due to negligence on the part of the
station operator or employees thereof of the operator.
(c) The superintendent commissioner shall properly supervise
and cause inspections to be made of the stations. Upon finding
that a station is not properly equipped or conducted, the
superintendent commissioner may, upon a first violation, suspend
the permit for a period of up to one year. Upon a second or
subsequent finding that a station is not properly equipped or
conducted, the superintendent commissioner shall permanently revoke
and require the surrender of the permit. The superintendent
commissioner may reinstate the permit of any person whose permit
was permanently revoked prior to the effective date of this section
fifth day of June, one thousand nine hundred ninety-two,
upon a first finding that a station was not properly equipped or
conducted, upon application, at any time after the expiration of
six months from the time of revocation and shall reinstate the
permit, upon application, after the expiration of one year. He or
she The commissioner shall maintain and post at his or her office
and at any other places as he or she may select lists of all
stations holding permits and of those whose permits have been
suspended or revoked.
§17C-16-6. Assignment, transfer and posting of official
inspection station permit; issuance and record of
certificate of inspection; inspection fee.
(a) No permit for an official inspection station shall may be
assigned or transferred or used at any location other than
designated in the permit and every permit shall be posted in a
conspicuous place at the station location designated in the permit.
(b) The person operating the station shall issue a certificate
of inspection and approval, upon an official form, to the owner of
a vehicle upon inspecting the vehicle and determining that its
equipment required under this article is in good condition and
proper adjustment, but otherwise no certificate shall may be
issued, except one issued pursuant to section two of this article.
When required by the superintendent commissioner, a record and
report shall be made of every inspection and every certificate
issued.
(c) A fee of not more than twelve dollars may be charged for
an inspection and any necessary headlight adjustment to proper
focus, not including any replacement parts required, and the
issuance of the certificate, but the imposition of the charge is
not mandatory.
§17C-16-7. Improper representation as official stations.
(a) No person shall may in any manner represent any place as
an official inspection station unless such station is operating
under a valid permit issued by the department commissioner.
(b) No person shall may issue a certificate of inspection and
approval unless then holding a valid permit hereunder under this
article.
§17C-16-10. Rules.
(a) The commissioner may propose rules for legislative
approval or promulgate interpretive and procedural rules in
accordance with the provisions of article three, chapter
twenty-nine-a of this code to aid in the administration of this
article.
(b) All rules of the state police promulgated under the
provisions of this article and section forty-eight, article fifteen
of this chapter in effect on the effective date of this section
remain in effect and shall be enforced by the commissioner until
they are withdrawn, revoked or amended by the commissioner.
NOTE: The purpose of this bill is to transfer motor vehicle
inspection duties from the state police to the commissioner of the
Division of Motor Vehicles.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§17C-16-10 is new; therefore, strike-throughs and underscoring
have been omitted.
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