WEST virginia Legislature
2022 regular session
Introduced
House Bill 4381
By Delegates Kimes, Foster, Horst, Nestor, Linville, Conley, Pritt, Steele, Pack, Hanna, and Graves
[Introduced January 25, 2022; Referred to the Committee on Technology and Infrastructure then Finance]
A BILL to amend and reenact §17C-16-4, §17C-16-5, §17C-16-6, §17C-16-8, and §17C-16-9 of the Code of West Virginia, 1931, as amended, all relating to modifying the vehicle inspection process; requiring that all vehicle inspections be completed upon the time of registration or renewal with the West Virginia Division of Motor Vehicles; providing that an applicant must provide proof, at time of registration or renewal, of vehicle inspection within 30 days of vehicle registration or renewal with the West Virginia Division of Motor Vehicles; adding inspection fees, less the cost of stickers, auditing, administration, and otherwise to the vehicle registration fee with the West Virginia Division of Motor Vehicles; providing that an applicant pay any inspectors fee directly to inspector; providing for an electronic database for motor vehicle inspections, where the vehicle inspector enters data and gives a receipt to applicant, with no sticker required for display on the windshield of a vehicle; ensuring that the West Virginia State Police retains their portion of the inspection fee; and reducing the cost of the vehicle inspection from $14 to $13.
Be it enacted by the Legislature of West Virginia:
ARTICLE 16. INSPECTION OF VEHICLES.
§17C-16-4. Superintendent
of the West Virginia State Police West Virginia Division of Motor
Vehicles to require periodical inspection; acceptance of certificate of
inspection from another state; suspension of registration of unsafe vehicles.
(a) The Superintendent
of the West Virginia State Police West Virginia Division of Motor
Vehicles shall once each year require at the time of vehicle
registration or renewal that every motor vehicle, trailer, semitrailer and
pole trailer registered in this state be inspected and that an official
certificate of inspection and approval be obtained for each vehicle. An applicant
shall provide proof, at time of registration or renewal, of inspection within
30 days of registration or renewal. The state inspection fee shall be added to
the registration fee, less the cost of stickers, auditing, administration, or
otherwise. An applicant shall pay an inspector fee not to exceed $13, as
outlined in section §17C-16-6(c) of this code, directly to the inspector. The
West Virginia Division of Motor Vehicles shall implement an electronic database
for inspections, and the inspector shall enter data of an inspection, with the
data given in the form of a receipt to an applicant, with no sticker needed for
the windshield of a vehicle. The inspection shall only be necessary at the time
of vehicle registration or renewal.
The inspections shall be
made and the certificates obtained with respect to the mechanism, brakes and
equipment of every vehicle designated by the Superintendent West
Virginia Division of Motor Vehicles.
The Superintendent West
Virginia Division of Motor Vehicles 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
West Virginia Division of Motor Vehicles 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
West Virginia Division of Motor Vehicles, the Commissioner of the
Division of Motor Vehicles may suspend the registration of any vehicle which
the Superintendent West Virginia Division of Motor Vehicles 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 West Virginia Division of Motor Vehicles shall also cause to be inspected a Class A farm use
motor vehicle exempt from annual registration certificate and licensing as
provided in section two, article three, chapter seventeen-a of this code
§17A-3-2 of this code. If the
Class A farm use motor vehicle passes the inspection, the Superintendent West Virginia Division of Motor Vehicles shall cause a certificate
of inspection to be issued for that vehicle.
§17C-16-5. Permit for official inspection stations; fees for and certificate of inspection.
(a) The Superintendent of
the State Police is responsible for the inspection as provided in this article
and shall prescribe requirements and qualifications for official inspection
stations. He or she 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 receipt issued directly to an
applicant and sent to the West Virginia Division of Motor Vehicles electronically, shall be
serially numbered and shall properly identify the official inspection station
which issued it. A charge of $3 per sticker inspection shall be
charged by the West Virginia State Police to the inspection station, and
the funds received shall be deposited into the State Treasury and credited to
the account of the West Virginia State Police for application in the
administration and enforcement of the provisions of this article and for the
purchase of vehicles, equipment for vehicles, and maintenance of vehicles. The
superintendent 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 West Virginia Division of Motor
Vehicles upon the time of vehicle registration or renewal, and
the superintendent West
Virginia State Police
shall grant permits only when the superintendent
West Virginia State
Police 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
West Virginia State
Police, before issuing a permit, may
require the applicant to file a bond with surety approved by the
superintendent West
Virginia State Police, conditioned
that such 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.
(c) The superintendent West Virginia State Police 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
West Virginia State
Police 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 West Virginia State Police shall permanently revoke and require the surrender of
the permit. The superintendent West Virginia State Police
may reinstate the permit of any person whose permit was permanently revoked
prior to the effective date of this section 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 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 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 be issued, except one
issued pursuant to section two of this article. When required by the superintendent
West Virginia
Division of Motor Vehicles, a record and report shall be made of every inspection
and every certificate issued.
(c) A fee of not more than $14
$13 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-16-8. False certificates.
(a) No person shall make, issue, or knowingly use any imitation or counterfeit of an official certificate of inspection.
(b) No person shall display
or cause or permit to be displayed upon a vehicle issue an electronic
receipt of any certificate of inspection and approval knowing the same to
be fictitious or issued for another vehicle or issued without an inspection
having been made.
§17C-16-9. Operation without certificate or failure to produce certificate; penalty for misdemeanor.
It is a misdemeanor for any
owner or operator, or both owner and operator, of any vehicle required to be
inspected under subsection (a), section four of this article, to operate or
permit to be operated such vehicle without having displayed thereon a current
and valid certificate of inspection and approval or fail to produce same upon
demand of any authorized person as designated under said subsection without
an inspection upon registration or renewal: Provided, That a dealer
licensed to sell new vehicles under the provision of article six, chapter
seventeen-a of this code shall not be required to display complete
a certificate of inspection and approval upon any new vehicle if the vehicle is
driven for an operational purpose including all activities associated with
dealer preparation for sale of a motor vehicle belonging to such dealer when
such vehicle has not been titled or delivered to a purchaser, and when such car
is not to be used in the demonstrator fleet or otherwise routinely driven on
the highways or roads of this state.
Unless another penalty
is by the laws of this state provided, every person convicted of a misdemeanor
for operating a vehicle without having displayed thereon a current and valid
certificate of inspection and approval or for failure to produce such
certificate upon demand of an authorized person shall be punished by a fine of
not more than $100: Provided, That any person who obtains an inspection
and a current and valid certificate of inspection and who, within five days of
the issuance of a citation for a violation of the provisions of this section,
provides a receipt of inspection to and makes the vehicle so operated available
for examination by a court of competent jurisdiction, shall not be guilty of a
violation of the provisions of this section: Provided, however, That the
misdemeanor penalty shall be imposed if the certificate of inspection has not
been valid for a period exceeding three months prior to the date of the issuance
of a citation
NOTE: The purpose of this bill is to modify the vehicle inspection process. The bill has all vehicle inspections be completed upon registration. The bill says that an individual must provide proof, at time of registration, of inspection within 30 days of registration. The bill adds inspection fees, less cost of stickers, auditing, administration, etc. to the registration fee. The bill says that the applicant pays inspectors fee directly to inspector. The bill implements an electronic database for inspections, where the inspector enters data and gives receipt to applicant, with no sticker on windshield. The bill reduces the cost of the inspection from $14 to $13. The bill retains the money sent to the West Virginia State Police from the cost of inspections. Finally, the bill requires an inspection for registration and renewal of a vehicle.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.