Senate Bill No. 471
(By Senator Bailey)
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[Introduced January 28, 2008; referred to the Committee on
Banking and Insurance; and then to the Committee on the
Judiciary.]
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A BILL to amend and reenact §17A-3-3 of the Code of West Virginia,
1931, as amended; and to amend and reenact §17D-2A-4 and
§17D-2A-7 of said code, all relating to changing the penalty
for driving without automobile insurance from license
suspension to a fine if certain conditions are met.
Be it enacted by the Legislature of West Virginia:
That §17A-3-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §17D-2A-4 and §17D-2A-7 of said
code be amended and reenacted, all to read as follows:
ARTICLE 3. ORIGINAL AND RENEWAL OF REGISTRATION; ISSUANCE OF
CERTIFICATES OF TITLE.
§17A-3-3. Application for registration; statement of insurance or
other proof of security to accompany application;
criminal penalties; fees; special revolving fund.
Every owner of a vehicle subject to registration under this
article shall make application to the division for the registration
of the vehicle upon the appropriate form or forms furnished by the
division and every application shall bear the signature of the
owner or his or her authorized agent, written with pen and ink, and
the application shall contain:
(a) The name, bona fide residence and mailing address of the
owner, the county in which he or she resides or business address of
the owner if a firm, association or corporation.
(b) A description of the vehicle including, insofar as the
data specified in this section may exist with respect to a given
vehicle, the make, model, type of body, the manufacturer's serial
or identification number or other number as determined by the
commissioner.
(c) In the event a motor vehicle is designed, constructed,
converted or rebuilt for the transportation of property, the
application shall include a statement of its declared gross weight
if the motor vehicle is to be used alone, or if the motor vehicle
is to be used in combination with other vehicles, the application
for registration of the motor vehicle shall include a statement of
the combined declared gross weight of the motor vehicle and the
vehicles to be drawn by the motor vehicle; declared gross weight
being the weight declared by the owner to be the actual combined
weight of the vehicle or combination of vehicles and load when carrying the maximum load which the owner intends to place on the
vehicle; and the application for registration of each vehicle shall
also include a statement of the distance between the first and last
axles of that vehicle or combination of vehicles.
The declared gross weight stated in the application shall not
exceed the permissible gross weight for the axle spacing listed in
the application as determined by the table of permissible gross
weights contained in chapter seventeen-c of this code; and any
vehicle registered for a declared gross weight as stated in the
application is subject to the single-axle load limit set forth in
said chapter.
(d) Each applicant shall state whether the vehicle is or is
not to be used in the public transportation of passengers or
property, or both, for compensation and if used for compensation,
or to be used, the applicants shall certify that the vehicle is
used for compensation and shall, as a condition precedent to the
registration of the vehicle, obtain a certificate of convenience or
permit from the Public Service Commission unless otherwise exempt
from this requirement in accordance with chapter twenty-four-a of
this code.
(e) A statement under penalty of false swearing that liability
insurance is in effect and will continue to be in effect through
the entire term of the vehicle registration period within limits
which shall be no less than the requirement of section two, article four, chapter seventeen-d of this code, which shall contain the
name of the applicant's insurer, the name of the agent or agency
which issued the policy and the effective date of the policy and
any other information required by the Commissioner of
the Division
of Motor Vehicles or that the applicant has qualified as a
self-insurer meeting the requirements of section two, article six
of said chapter and that as a self-insurer he or she has complied
with the minimum security requirements as established in section
two, article four of said chapter.
(1)
Intentional lapses of insurance coverage. --
(A) In the case of a periodic use or seasonal vehicle, as
defined in section three, article two-a, chapter seventeen-d of
this code, the owner may provide, in lieu of other statements
required by this section, a statement, under penalty of false
swearing, that liability insurance is in effect during the portion
of the year the vehicle is in actual use, within limits which shall
be no less than the requirements of section two, article four,
chapter seventeen-d of this code, and other information relating to
the seasonal use on a form designed and provided by the division.
(B) Any registrant who prior to expiration of his or her
vehicle registration drops or cancels insurance coverage for any
reason other than periodic or seasonal use shall either surrender
the registration plate or shall, by certified mail, notify the
division of the cancellation. The notice shall contain a statement under penalty of false swearing that the vehicle will not be
operated on the roads or highways of this state.
(C) The registration of any vehicle upon which insurance
coverage has been dropped or canceled under subparagraph (B) of
this paragraph shall be reinstated upon submission of current proof
of insurance and payment of the duplicate plate fee prescribed by
this chapter.
(2)
Verification process. --
The division may select any certificate of insurance, owner's
statement of insurance, motor vehicle registration or any other
form or document for verification of insurance coverage with an
insurance company.
(A) If the division verifies with an insurance company that a
motor vehicle was operated in this state without the required
security in effect based on information received on an accident
report, citation, court report or any other evidence of motor
vehicle operation, the division shall proceed against the owner and
driver in accordance with section seven, article two-a, chapter
seventeen-d of this code.
(B) If the division selects a motor vehicle registration for
verification of insurance and determines that the owner of a
registered motor vehicle did or does not have the required security
in effect at the time of verification, the division shall proceed
as follows:
(i) The division shall send a notice by certified mail to the
registered owner's address and to any lienholder noted on the
certificate of title, advising that unless the owner provides
verifiable proof that the vehicle was insured on the date of
verification or
that insurance expired less than six months prior
to the verification and the owner obtains insurance within five
days of notice of the attempted verification or that the vehicle is
or was not required to be registered, the owner's driver's license
will be suspended for thirty days for a first offense and ninety
days for a second or subsequent offense and the motor vehicle
registration will be revoked until current verifiable proof of
insurance is provided to the division:
Provided, That the division
shall suspend the driver's license of only one owner if a vehicle
is registered in more than one name.
(ii) If, after the notice required in clause (i) of this
subparagraph is given to the owner and the lienholder, the owner
fails to provide proof of insurance, the driver's license
suspension and motor vehicle registration revocation shall go into
effect without further notice thirty days from the date of the
notice.
(iii) The division shall reinstate the driver's license
without regard to the suspension period in this paragraph and
reinstate the motor vehicle registration upon submission of proof
of current insurance coverage and payment of the reinstatement fees provided in section nine, article three, chapter seventeen-b of
this code and section seven, article nine of this chapter.
(3) If any person making an application required under the
provisions of this section, in the application knowingly provides
false information, false proof of security or a false statement of
insurance, or if any person, including an applicant's insurance
agent, knowingly counsels, advises, aids or abets another in
providing false information, false proof of security, or a false
statement of insurance in the application he or she is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not more
than five hundred dollars, or be imprisoned in jail for a period
not to exceed fifteen days, or both fined and imprisoned and, in
addition to the fine or imprisonment, shall have his or her
driver's license suspended for a period of ninety days and vehicle
registration revoked if applicable.
(f) Any further information as may reasonably be required by
the division to enable it to determine whether the vehicle is
lawfully entitled to registration.
(g) Each application for registration shall be accompanied by
the fees provided in this article and an additional fee of fifty
cents for each motor vehicle for which the applicant seeks
registration.
(h) Revocation of a motor vehicle registration pursuant to
this section shall not affect the perfection or priority of a lien or security interest attaching to the motor vehicle that is noted
on the certificate of title to the motor vehicle.
ARTICLE 2A. SECURITY UPON MOTOR VEHICLES.
§17D-2A-4. Certificate of insurance.
(a) All insurance carriers transacting insurance in this state
shall supply a certificate to the insured or to any person subject
to the registration provisions of article three, chapter
seventeen-a of this code, certifying that there is in effect a
motor vehicle liability policy upon such motor vehicle in
accordance with the provisions of article three, chapter
seventeen-a of this code. The certificate shall give its effective
date and the effective date of the policy and, unless the policy is
issued to a person who is not the owner of a motor vehicle, must
designate by explicit description, in such detail as the
Commissioner of the Division of Motor Vehicles shall by rule
require, all motor vehicles covered and all replacement vehicles of
similar classification:
Provided,
That on and after the first day
of July, one thousand nine hundred eighty-four, insurance companies
shall supply a certificate of insurance in duplicate for each
policy term and for each vehicle included in a policy, except for
those listed in a fleet policy. Each such certificate of insurance
shall list the name of the policyholder and the name of the vehicle
owner if different from the policyholder.
The certificate must specify for each vehicle listed therein, that there is a minimum liability insurance coverage not less than
the requirements of section two, article four, chapter seventeen-d
of this code.
(b) The certificate provided pursuant to the provisions of
this section or other proof of insurance shall be carried by the
insured in the appropriate vehicle for use as proof of security,
and must be presented at the time of vehicle inspection as required
by article sixteen, chapter seventeen-c of this code. Any person
violating the provisions of this subsection is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not less
than two hundred dollars nor more than five thousand dollars; and
upon a second or subsequent conviction, shall be fined not less
than two hundred dollars nor more than five thousand dollars, or
confined in the county or regional jail for not less than fifteen
days nor more than one year, or both: Provided,
That an insured
shall not be guilty of a violation of this subsection (b) if he or
she furnishes proof that such insurance was in effect within seven
days
insurance expired less than six months prior to the violation
and the owner obtains insurance within five days
of being cited for
not carrying such certificate or other proof in such vehicle.
(c) As used in this section, proof of insurance means a
certificate of insurance, an insurance policy, a mechanically
reproduced copy of an insurance policy, a certificate of
self-insurance, or a copy of the current registration issued to a motor carrier by the Public Service Commission: (1) Through the
single state registration system established pursuant to section
fourteen, article six-a, chapter twenty-four-a of this code; or (2)
pursuant to the provisions of section four, article six, chapter
twenty-four-a of this code.
§17D-2A-7. Suspension or revocation of license, registration;
reinstatement.
(a) Any owner of a motor vehicle, subject to the provisions of
this article, whose insurance has been expired less than six months
and obtains proper insurance within five business days of a
violation of this article is subject only to a fine of one hundred
dollars, all others who fail to have the required security in
effect at the time such vehicle is being operated upon the roads or
highways of this state shall have his or her driver's license
suspended by the Commissioner of the Division of Motor Vehicles for
a period of thirty days and shall have his or her motor vehicle
registration revoked until such time as he or she shall present to
the Division of Motor Vehicles the proof of security required by
this article: Provided, That if a motor vehicle is registered in
more than one name, the driver's license of only one of the owners
shall be suspended by the commissioner.
(b) Any person who knowingly operates a motor vehicle upon the
roads or highways of this state which does not have the security
required by the provisions of this article shall have his or her driver's license suspended by the commissioner for a period of
thirty days.
(c) A person's driver's license shall be suspended for a
period of thirty days if the person is operating a motor vehicle
designated for off-highway use upon the roads and highways of this
state without the required security in effect, if the motor vehicle
is not properly registered and licensed or if the required security
was canceled.
(d) The commissioner may withdraw a suspension of a driver's
license provided that the commissioner is satisfied that there was
not a violation of the provisions of required security related to
operation of a motor vehicle upon the roads or highways of this
state by such person. The commissioner may request additional
information as needed in order to make such determination.
(e) No person shall have his or her driver's license suspended
or motor vehicle registration revoked under any provisions of this
section unless he or she and any lienholder noted on the
certificate of title shall first be given written notice of such
suspension or revocation sent by certified mail, at least thirty
days prior to the effective date of such suspension or revocation,
and upon such person's written request, sent by certified mail, he
or she shall be afforded an opportunity for a hearing thereupon as
well as a stay of the commissioner's order of suspension or
revocation and an opportunity for judicial review of such hearing. Upon affirmation of the commissioner's order, the period of
suspension or revocation shall commence to run.
(f) Such suspended driver's license shall be reinstated
following the period of suspension upon compliance with the
conditions set forth in this article and such revoked motor vehicle
registration shall be reissued only upon lawful compliance with the
provisions of this article.
(g) If the commissioner has previously suspended the person's
driver's license for any reason related to failure to maintain
insurance on a motor vehicle within the previous five years, the
period of suspension shall be for a period of ninety days.
(h) Revocation of a motor vehicle registration pursuant to
this section shall not affect the perfection or priority of a lien
or security interest attaching to the motor vehicle that is noted
on the certificate of title to the motor vehicle.
NOTE: The purpose of this bill is to change the punishment for
driving on the roads of West Virginia without proper insurance.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.