FLOOR BOOK MEMO         House Committee on the Judiciary

    H.B. 2477                

Prepared by: Scott Caudill

    (January 23, 2014)      Phone: 3279

                             E-mail: scott.caudill@wvhouse.gov

SPONSORS: Delegates Overington, Barill and Sobonya

TITLE: Permitting certain auxiliary lighting on motorcycles

DATE INTRODUCED/PRIOR COMMITTEE ACTION: January 9, 2014, referred to the Committee on Roads & Transportation and then to the Committee on the Judiciary; both committees recommended “do pass” without amendment.

CODE SECTION AFFECTED: W.Va. Code §17C-15-23, entitled “Lighting equipment on motorcycles, motor-driven cycles and mopeds.”

SUMMARY ANALYSIS: This bill would permit certain auxiliary lighting on motorcycles.

I. ANALYSIS:

    A. EXISTING LAW: W.Va. Code §17C-15-23 requires that motorcycles and other similar motor vehicles be equipped with “head lamps,” while other sections within the same article require such vehicles to have “tail lamps” (§17C-15-5), “stop lamps” and “signal lamps” (§17C-15-18), as well as lamps to “illuminate...the rear registration plate” (§17C-15-5).

    B. THIS BILL: HB 2477 would permit additional auxiliary lighting for motorcycles, including “amber and white illumination,” “standard bulb running lights” and “light-emitting...pods and strips added to protect the driver,” as long as such auxiliary lighting is “nonblinking,” “nonflashing,” “nonoscillating,” and is “directed toward the engine and the drive train of the motorcycle.”

II. SECTION DIRECTORY:

    -§17C-15-23(4):

(A) Subject to paragraph (B) of this subdivision, a motorcycle may be equipped with, and an operator of a motorcycle may use, the following auxiliary lighting:

    (i) Amber and white illumination;

    (ii) Standard bulb running lights; or

    (iii) Light-emitting diode pods and strips added to protect the driver.

(B) Lighting under this subdivision shall be:

    (i) Nonblinking; 

    (ii) Nonflashing;

    (iii) Nonoscillating; and

    (iv) Directed toward the engine and the drive train of the motorcycle.

III. COMMENTS

    A. CONSTITUTIONAL ISSUES: None identified.

    B. GOVERNMENT AGENCIES AFFECTED: Division of Motor Vehicles, law enforcement.

    C. TITLE ANALYSIS: This bill’s title appears to be within Constitutional parameters.

    D. DRAFTING ISSUES OR OTHER COMMENTS: None.

    E. EFFECTIVE DATE: Regular.