COMMITTEE SUBSTITUTE
FOR
H. B. 2051
(By Delegates Webster, Proudfoot and Ellem)
(Originating in the Committee on the Judiciary)
[January 12, 2007]
A BILL to amend and reenact §17C-6-7 and §17C-6-7a of the Code of
West Virginia, 1931, as amended, relating to including lasers
as a method of proving the speed of vehicles.
Be it enacted by the Legislature of West Virginia:
That §17C-6-7 and §17C-6-7a
of the Code of West Virginia,
1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 6. SPEED RESTRICTIONS.
§17C-6-7. Prima facie evidence of speed by devices employing
microwaves or reflected light; placing of signs relative to radar
or laser.
The speed of a motor vehicle may be proved by evidence
obtained by use of any device designed to measure and indicate or
record the speed of a moving object by means of microwaves or
reflected light, when such evidence is obtained by members of the
department of public safety, by police officers of incorporated municipalities in classes one, two and three, as defined in chapter
eight-A of this Code, and by the sheriff and his deputies of the
several counties of the State. The evidence so obtained shall be
accepted as prima facie evidence of the speed of such vehicle.
In order to inform and educate the public generally that speed
of motor vehicles operating within the State is being tested by
radar or laser mechanisms, the state road commission division of
highways shall locate and place suitable and informative stationary
and movable signs at strategic points on and along highways in each
county of the State giving notice to the public that such radar or
laser mechanisms are in use.
§17C-6-7a. Prohibition of the use of traffic law photo-monitoring
devices to detect or prove traffic law violations.
(a) As used in this section "traffic law photo-monitoring
device" means an electronic system consisting of a photographic,
video, or electronic camera and a means of sensing the presence of
a motor vehicle that automatically produces photographs, videotape,
or digital images of the vehicle, its operator, or its license
plate.
(b) No police officer may utilize a traffic law
photo-monitoring device to determine compliance with, or to detect
a violation of, a municipal or county ordinance or any provision of
this code that governs or regulates the operation of motor vehicles.
(c) A violation of a municipal or county ordinance or any
provision of this code that governs or regulates the operation of
motor vehicles may not be proved by evidence obtained by the use of
a traffic law photo-monitoring device.
(d) The provisions of this section do not prohibit the use of
any device designed to measure and indicate the speed of a moving
object by means of microwaves or reflected light to obtain evidence
to prove the speed of a motor vehicle pursuant to section seven of
this article.
(e) The provisions of this section do not prohibit use of a
traffic law photo-monitoring device for any other lawful purposes
other than to obtain evidence to prove violations of municipal or
county ordinances or any provision of this code governing or
regulating the operation of motor vehicles.
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