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FISCAL NOTE
2023 regular session
Introduced
Senate Bill 254
By Senator Stuart
[Introduced January 17, 2023; referred
to the Committee on Transportation and Infrastructure; and then to the Committee on Finance]
A BILL to amend and reenact §17A-10-3a of the Code of West Virginia, 1931, as amended; and to amend and reenact §17C-16-4 of said code, all relating to changing annual mandatory state inspections of antique motor vehicles and motorcycles, motor vehicles, trailers, semitrailers and pole trailers to mandatory inspections done every two years.
Be it enacted by the Legislature of West Virginia:
(a) The annual registration fee for any antique motor vehicle or motorcycle as defined in this section is $2. As used in this section:
"Antique motor vehicle" means any motor vehicle which is more than 25 years old and is owned solely as a collector’s item.
"Antique motorcycle" means any motorcycle which is more than 25 years old and is owned solely as a collector’s item.
"Classic motor vehicle" means a motor vehicle which is more than 25 years old and is registered pursuant to §17A-10-3 of this code and is used for general transportation.
"Classic motorcycle" means a motorcycle which is more than 25 years old and is registered pursuant to §17A-10-3 of this code and is used for general transportation.
(b) Except as otherwise provided in this section, antique motor vehicles or motorcycles may not be used for general transportation but may only be used for:
(1) Participation in club activities, exhibits, tours, parades and similar events;
(2) The purpose of testing their operation, obtaining repairs or maintenance, and transportation to and from events as described in subdivision (1) of this subsection; and
(3) Recreational purposes over weekends, beginning on Friday at 12:00 p.m., and ending on the following Monday at 12:00 p.m., and on holidays: Provided, That a classic motor vehicle or a classic motorcycle as defined in this section may be registered under the applicable class at the applicable registration fee set forth in §17A-10-3 of this code and may be used for general transportation.
(c) A West Virginia motor vehicle or motorcycle displaying license plates of the same year of issue as the model year of the antique motor vehicle or motorcycle, as authorized in this section, may be used for general transportation purposes if the following conditions are met:
(1) The license plate’s physical condition has been inspected and approved by the Division of Motor Vehicles;
(2) The license plate is registered to the specific motor vehicle or motorcycle by the Division of Motor Vehicles;
(3) The owner of the motor vehicle or motorcycle annually registers the motor vehicle or motorcycle and pays an annual registration fee for the motor vehicle or motorcycle equal to that charged to obtain regular state license plates;
(4) The motor vehicle or motorcycle passes an annual safety inspection a safety inspection every two years; and
(5) The motor vehicle or motorcycle displays a sticker attached to the license plate, issued by the division, indicating that the motor vehicle or motorcycle may be used for general transportation.
(d) If more than one request is made for license plates having the same number, the division shall accept only the first application.
(e) The commissioner may propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq. of this code as may be necessary or convenient for the carrying out of the provisions of this section.
(f) Upon appropriate application, together with a special annual fee of $40, which is in addition to all other fees required by this chapter, there shall be issued to the owner of an antique motor vehicle a special registration plate for an antique motor vehicle titled in the name of the qualified applicant, bearing a combination of letters or numbers requested by that applicant, subject to the approval by the commissioner, and with the maximum number of letters or numbers to be determined by the commissioner.
(a) The superintendent of the West Virginia State Police shall once each year require that every motor vehicle, trailer, semitrailer, and pole trailer registered in this state be inspected once every two years and that an official certificate of inspection and approval be obtained for each vehicle.
The inspections shall be made and the certificates obtained with respect to the mechanism, brakes, and equipment of every vehicle designated by the superintendent.
The superintendent may make necessary rules for the administration and enforcement of this section and may designate any period or periods during which owners of any vehicles, subject to this section, shall display upon the vehicles certificates of inspection and approval or shall produce the certificates upon demand of any officer or employee of the State Police designated by the superintendent or any police or peace officer when authorized by the superintendent.
(b) The superintendent may authorize the acceptance in this state of a certificate of inspection and approval issued in another state having an inspection law similar to this chapter and may extend the time within which the resident owner of a vehicle which was not in this state during the time an inspection was required must obtain a certificate.
(c) At the request of the superintendent, the commissioner of the Division of Motor Vehicles may suspend the registration of any vehicle which the superintendent determines is in such an unsafe condition that it constitutes a menace to safety or which after notice and demand is not equipped as required in this chapter or for which the vehicle’s owner has not obtained the required certificate.
(d) If requested by the owner of the vehicle, the superintendent shall also cause to be inspected a Class A farm use motor vehicle exempt from annual registration certificate and licensing as provided in §17A-3-2 of this code. If the Class A farm use motor vehicle passes the inspection, the superintendent shall cause a certificate of inspection to be issued for that vehicle.
NOTE: The purpose of this bill is to require safety inspections for antique motor vehicles and motor vehicles every two years instead of each year.
Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.
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