H. B. 4451
(By Delegate Warner)
[Introduced February 16, 1998; referred to the
Committee on Roads and Transportation then Finance.]
A BILL to amend and reenact sections four and sixteen, article
three; section three, article seven; and sections one, three
and five, article ten, all of chapter seventeen-a of the
code of West Virginia, one thousand nine hundred thirty-one,
as amended, all relating to motor vehicle registration;
providing for a permanent, nontransferable license plate for
commercial type trailers at a one time fee; and eliminating
certain classes of registration.
Be it enacted by the Legislature of West Virginia:
That sections four and sixteen, article three; section
three, article seven; and sections one, three and five, article
ten, all of chapter seventeen-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended and
reenacted, all to read as follows:
ARTICLE 3. ORIGINAL AND RENEWAL OF REGISTRATION; ISSUANCE OF
CERTIFICATES OF TITLE.
§17A-3-4. Application for certificate of title; tax for privilege of certification of title; penalty for false swearing.
(a) Certificates of registration of any vehicle or
registration plates therefor, whether original issues or
duplicates, may not be issued or furnished by the division of
motor vehicles or any other officer charged with the duty, unless
the applicant therefor already has received, or at the same time
makes application for and is granted, an official certificate of
title of the vehicle. The application shall be upon a blank form
to be furnished by the division of motor vehicles and shall
contain a full description of the vehicle, which description
shall contain a manufacturer's serial or identification number or
other number as determined by the commissioner and any
distinguishing marks, together with a statement of the
applicant's title and of any liens or encumbrances upon the
vehicle, the names and addresses of the holders of the liens and
any other information as the division of motor vehicles may
require. The application shall be signed and sworn to by the
applicant.
(b) A tax is hereby imposed upon the privilege of effecting
the certification of title of each vehicle in the amount equal to
five percent of the value of the motor vehicle at the time of the
certification, to be assessed as follows:
(1) If the vehicle is new, the actual purchase price or
consideration to the purchaser thereof is the value of the
vehicle. If the vehicle is a used or secondhand vehicle, the present market value at time of transfer or purchase is the value
thereof for the purposes of this section: Provided, That so much
of the purchase price or consideration as is represented by the
exchange of other vehicles on which the tax imposed by this
section has been paid by the purchaser shall be deducted from the
total actual price or consideration paid for the vehicle, whether
the vehicle be new or secondhand. If the vehicle is acquired
through gift, or by any manner whatsoever, unless specifically
exempted in this section, the present market value of the vehicle
at the time of the gift or transfer is the value thereof for the
purposes of this section.
(2) No certificate of title for any vehicle may be issued to
any applicant unless the applicant has paid to the division of
motor vehicles the tax imposed by this section which is five
percent of the true and actual value of the vehicle whether the
vehicle is acquired through purchase, by gift or by any other
manner whatsoever except gifts between husband and wife or
between parents and children: Provided, That the husband or
wife, or the parents or children previously have paid the tax on
the vehicles transferred to the state of West Virginia.
(3) The division of motor vehicles may issue a certificate
of registration and title to an applicant if the applicant
provides sufficient proof to the division of motor vehicles that
the applicant has paid the taxes and fees required by this
section to a motor vehicle dealership that has gone out of
business or has filed bankruptcy proceedings in the United States bankruptcy court and the taxes and fees so required to be paid by
the applicant have not been sent to the division by the motor
vehicle dealership or have been impounded due to the bankruptcy
proceedings: Provided, That the applicant makes an affidavit of
the same and assigns all rights to claims for money the applicant
may have against the motor vehicle dealership to the division of
motor vehicles.
(4) The division of motor vehicles shall issue a certificate
of registration and title to an applicant without payment of the
tax imposed by this section if the applicant is a corporation,
partnership or limited liability company transferring the vehicle
to another corporation, partnership or limited liability company
when the entities involved in the transfer are members of the
same controlled group and the transferring entity has previously
paid the tax on the vehicle transferred. For the purposes of
this section, control means ownership, directly or indirectly, of
stock or equity interests possessing fifty percent or more of the
total combined voting power of all classes of the stock of a
corporation or equity interests of a partnership or limited
liability company entitled to vote or ownership, directly or
indirectly, of stock or equity interests possessing fifty percent
or more of the value of the corporation, partnership or limited
liability company.
(5) The tax imposed by this section does not apply to
vehicles to be registered as Class H vehicles or Class M
vehicles, as defined in section one, article ten of this chapter, which are used or to be used in interstate commerce. Nor does
the tax imposed by this section apply to the titling of Class B
Class K or Class E vehicles registered at a gross weight of
fifty-five thousand pounds or more, or to the titling of Class C
or Class L semitrailers, full trailers, pole trailers and
converter gear: Provided, That if an owner of a vehicle has
previously titled the vehicle at a declared gross weight of
fifty-five thousand pounds or more and the title was issued
without the payment of the tax imposed by this section, then
before the owner may obtain registration for the vehicle at a
gross weight less than fifty-five thousand pounds, the owner
shall surrender to the commissioner the exempted registration,
the exempted certificate of title, and pay the tax imposed by
this section based upon the current market value of the vehicle:
Provided, however, That notwithstanding the provisions of section
nine, article fifteen, chapter eleven of this code, the exemption
from tax under this section for Class B Class K or Class E
vehicles in excess of fifty-five thousand pounds and Class C or
Class L semitrailers, full trailers, pole trailers and converter
gear may not subject the sale or purchase of the vehicles to the
consumers sales tax.
(6) The tax imposed by this section does not apply to
titling of vehicles leased by residents of West Virginia. A tax
is hereby imposed upon the monthly payments for the lease of any
motor vehicle leased by a resident of West Virginia, which tax is
equal to five percent of the amount of the monthly payment, applied to each payment, and continuing for the entire term of
the initial lease period. The tax shall be remitted to the
division of motor vehicles on a monthly basis by the lessor of
the vehicle.
(7) The tax imposed by this section does not apply to
titling of vehicles by a registered dealer of this state for
resale only, nor does the tax imposed by this section apply to
titling of vehicles by this state or any political subdivision
thereof, or by any volunteer fire department or duly chartered
rescue or ambulance squad organized and incorporated under the
laws of the state of West Virginia as a nonprofit corporation for
protection of life or property. The total amount of revenue
collected by reason of this tax shall be paid into the state road
fund and expended by the commissioner of highways for matching
federal funds allocated for West Virginia. In addition to the
tax, there is a charge of five dollars for each original
certificate of title or duplicate certificate of title so issued:
Provided, That this state or any political subdivision thereof,
or any volunteer fire department, or duly chartered rescue squad
is exempt from payment of the charge.
(8) The certificate is good for the life of the vehicle, so
long as the vehicle is owned or held by the original holder of
the certificate, and need not be renewed annually, or any other
time, except as provided in this section.
(9) If, by will or direct inheritance, a person becomes the
owner of a motor vehicle and the tax imposed by this section previously has been paid, to the division of motor vehicles, on
that vehicle, he or she is not required to pay the tax.
(10) A person who has paid the tax imposed by this section
may not be required to pay the tax a second time for the same
motor vehicle, but is required to pay a charge of five dollars
for the certificate of retitle of that motor vehicle, except that
the tax shall be paid by the person when the title to the vehicle
has been transferred either in this or another state from the
person to another person and transferred back to the person.
(c) Notwithstanding any provisions of this code to the
contrary, the owners of trailers, semitrailers, recreational
vehicles and other vehicles not subject to the certificate of
title tax prior to the enactment of this chapter are subject to
the privilege tax imposed by this section: Provided, That the
certification of title of any recreational vehicle owned by the
applicant on the thirtieth day of June, one thousand nine hundred
eighty-nine, is not subject to the tax imposed by this section:
Provided, however, That mobile homes, manufactured homes, modular
homes and similar nonmotive propelled vehicles, except
recreational vehicles and house trailers, susceptible of being
moved upon the highways but primarily designed for habitation and
occupancy, rather than for transporting persons or property, or
any vehicle operated on a nonprofit basis and used exclusively
for the transportation of mentally retarded or physically
handicapped children when the application for certificate of
registration for the vehicle is accompanied by an affidavit stating that the vehicle will be operated on a nonprofit basis
and used exclusively for the transportation of mentally retarded
and physically handicapped children, are not subject to the tax
imposed by this section, but are taxable under the provisions of
articles fifteen and fifteen-a, chapter eleven of this code.
(d) Any person making any affidavit required under any
provision of this section, who knowingly swears falsely, or any
person who counsels, advises, aids or abets another in the
commission of false swearing is on the first offense guilty of a
misdemeanor and, upon conviction thereof, shall be fined not more
than five hundred dollars or be imprisoned in the county or
regional jail for a period not to exceed six months or, in the
discretion of the court, both fined and imprisoned. For a second
or any subsequent conviction within five years, that person is
guilty of a felony and, upon conviction thereof, shall be fined
not more than five thousand dollars or be imprisoned in the
penitentiary for not less than one year nor more than five years
or, in the discretion of the court, fined and imprisoned.
(e) Notwithstanding any other provisions of this section,
any person in the military stationed outside West Virginia, or
his or her dependents who possess a motor vehicle with valid
registration, are exempt from the provisions of this article for
a period of nine months from the date that that person returns to
this state or the date his or her dependent returns to this
state, whichever is later.
(f) After the first day of July, one thousand nine hundred ninety-seven, no person may transfer, purchase or sell a
factory-built home without a certificate of title issued by the
commissioner in accordance with the provisions of this article:
(1) Any person who fails to provide a certificate of title
upon the transfer, purchase or sale of a factory-built home is
guilty of a misdemeanor and, upon conviction thereof, shall for
the first offense be fined not less than one hundred dollars nor
more than one thousand dollars, or be imprisoned in the county or
regional jail for not more than one year or, both fined and
imprisoned. For each subsequent offense, the fine may be
increased to not more than two thousand dollars, with
imprisonment in the county or regional jail not more than one
year or, both fined and imprisoned.
(2) Failure of the seller to transfer a certificate of title
upon sale or transfer of the factory-built home gives rise to a
cause of action, upon prosecution thereof, and allows for the
recovery of damages, costs and reasonable attorney fees.
§17A-3-16. Expiration of registration and certificates of title.
(a) Every vehicle registration under this chapter and every
registration card and registration plate issued under this
chapter expires at midnight on the last day of the month
designated by the commissioner: Provided, That the commissioner
may extend the period during which the registration plates may be
used.
Certificates of title need not be renewed annually but
remain valid until canceled by the division for cause or upon a transfer of any interest shown in the vehicle.
(b) Notwithstanding the provisions of this section or of any
provision of this chapter, the commissioner shall adopt a
staggered registration system whereby the registration of Class
A motor vehicles is for a period of twelve consecutive calendar
months, the expiration dates of the registrations to be staggered
throughout the year: Provided, That on or after the first day of
July, one thousand nine hundred ninety-seven, the commissioner
shall also offer an optional two-year registration system,
whereby the registration of all vehicles shall be for a period of
twenty-four consecutive calendar months, the expiration dates of
the registrations to be staggered throughout the year. Under
this option, all annual fees due at the time of registration
shall be multiplied by two.
(1) On or after the first day of July, one thousand nine
hundred ninety-seven, all Class A motor vehicles as defined in
section one, article ten of this chapter, shall be registered for
a period of twelve or twenty-four consecutive calendar months.
There hereby are established twelve registration periods, each of
which shall start on the first day of each calendar month of the
year and shall end on the last day of the twelfth month from date
of beginning. The period ending on the thirty-first day of
January is designated the first period; that ending on the
twenty-eighth (twenty-ninth) day of February is designated the
second; that ending on the thirty-first day of March is
designated the third; that ending on the thirtieth day of April is designated the fourth; that ending on the thirty-first day of
May is designated the fifth; that ending on the thirtieth day of
June is designated the sixth; that ending on the thirty-first day
of July is designated the seventh; that ending on the
thirty-first day of August is designated the eighth; that ending
on the thirtieth day of September is designated the ninth; that
ending on the thirty-first day of October is designated the
tenth; that ending on the thirtieth day of November is designated
the eleventh; and that ending on the thirty-first day of December
is designated the twelfth.
(2) All Class A motor vehicles, which are operated for the
first time upon the public highways of this state to and
including the fifteenth day of any given month are subject to
registration and payment of the fee for the twelve or twenty-four
month-period commencing the first day of the month of operation.
All Class A motor vehicles operated for the first time upon the
public highways of this state on and after the sixteenth day of
any given month are subject to registration and payment of fee
for the twelve or twenty-four-month period commencing the first
day of the month of the next following calendar month.
(c) On or before the first day of July, one thousand nine
hundred ninety-six, all Class T and Class R vehicles shall be
registered for a maximum period of three years or portion thereof
based on the number of years remaining in the three-year period
designated by the commissioner.
(d) On or before the first day of July, two thousand, all Class C trailers shall be registered for the duration of the
owner's interest in the trailer and shall not expire until either
sold or otherwise permanently removed from the service of the
owner.
ARTICLE 7. SPECIAL STICKERS.
§17A-7-3. Operation of house trailer under special stickers;
application and fees; expiration; issuance of
special stickers to holders of Class K registration
plates.
Upon application therefor on a form prescribed by him or her
the commissioner may issue to the owner of a house trailer a
special one-movement sticker of such design and content, as may
be prescribed by him or her: Provided, That such special sticker
shall not be issued to any house trailer or trailer dealer. Such
sticker shall be valid for the movement of a house trailer one
time only over the streets and highways of this state, and no
more than one such sticker may be issued for the same house
trailer while owned by the same person. A fee of two dollars
shall be received by the department for each special sticker. In
order that any holder of a Class K Class B registration plate who
is engaged in the business of moving house trailers for hire may
move a house trailer at the request of the owner thereof without
the delay which would be incident to such owner obtaining a
special one-movement sticker, any such holder may from time to
time apply to the commissioner for a supply of said special
one-movement stickers, and upon proper application therefor on a form prescribed by the commissioner and payment of the fee for
each such sticker hereinbefore in this section prescribed, the
commissioner shall issue to such holder a supply of serially
numbered stickers, not in excess of twenty-five upon any one
application. Before moving any such house trailer, the holder of
the Class K Class B registration plate who has obtained a supply
of such special one-movement stickers shall issue such a sticker
to the owner thereof and shall make certain that such sticker is
affixed to the house trailer prior to the movement thereof. No
refund or credit of fees paid by the holder of any such Class K
Class B registration plate for any such special one-movement
sticker shall be made or allowed.
ARTICLE 10. FEES FOR REGISTRATION, LICENSING, ETC.
17A-10-1. Classification of vehicles for purpose of
registration.
Vehicles subject to registration under the provisions of
this chapter shall be placed in the following classes for the
purpose of registration:
Class A. Motor vehicles of passenger type and trucks with
a gross weight of not more than eight thousand pounds; other than
those operated for compensation
Class B. Motor vehicles designated as trucks with a gross
weight of more than eight thousand pounds, truck tractors or road
tractors; other than those operated for compensation
Class C. All trailers and semitrailers, except those
operated for compensation, and except house trailers and trailers or semitrailers designed to be drawn by Class A motor vehicles
and having a gross weight of less than two thousand pounds;
Class E. Motor vehicles designated as trucks, truck
tractors or road tractors operated for transportation of property
for compensation, but being exempt from the operating
jurisdiction of the public service commission, and for which a
statement of exemption has been received from the public service
commission;
Class G. Motorcycles and parking enforcement vehicles;
Class H. Motor vehicles operated regularly for the
transportation of persons for compensation under a certificate of
convenience and necessity or contract carrier permit issued by
the public service commission;
Class J. Motor vehicles operated for transportation of
persons for compensation by common carriers, not running over a
regular route or between fixed termini;
Class K. Motor vehicles designated as trucks, truck
tractors or road tractors operated for transportation of property
for compensation under a certificate of convenience and necessity
or a contract carrier permit issued by the public service
commission;
Class L. All trailers and semitrailers used for
transportation of property for compensation;
Class M. Mobile equipment as defined in subdivision (oo),
section one, article one of this chapter;
Class R. House trailers;
Class T. Trailers or semitrailers of a type designed to be
drawn by Class A vehicles and having a gross weight of less than
two thousand pounds; and
Class Farm Truck. Motor vehicles designated as trucks
having a minimum gross weight of more than eight thousand pounds
and a maximum gross weight of sixty-four thousand pounds, used
exclusively in the conduct of a farming business, engaged in the
production of agricultural products by means of: (a) The
planting, cultivation and harvesting of agricultural,
horticultural, vegetable or other products of the soil; or (b)
the raising, feeding and care of livestock, poultry, bees and
dairy cattle. Such farm truck shall be used only for the
transportation of agricultural products so produced by the owner
thereof, or for the transportation of agricultural supplies used
in such production, or for private passenger use.
17A-10-3. Registration fees for vehicles equipped with pneumatic
tires.
The following registration fees for the classes indicated
shall be paid to the division for the registration of vehicles
subject to registration under this chapter when equipped with
pneumatic tires:
(a) Registration fees for the following classes shall be
paid to the division annually:
(1) Class A. -- The registration fee for all motor vehicles
of this class is twenty-eight dollars and fifty cents: Provided,
That the registration fees and any other fees required by this chapter for Class A vehicles under the optional biennial
staggered registration system shall be multiplied by two and paid
biennially to the division.
No license fee shall be charged for vehicles owned by
churches, or by trustees for churches, which are regularly used
for transporting parishioners to and from church services.
Notwithstanding the exemption, the certificate of registration
and license plates shall be obtained the same as other cards and
plates under this article.
(2) Class B. Class E and Class K -- The registration fee
for all motor vehicles of these three this classes class is as
follows:
(A) For declared gross weights of eight thousand one pounds
to sixteen thousand pounds -- twenty-eight dollars plus five
dollars for each one thousand pounds or fraction thereof that the
gross weight of the vehicle or combination of vehicles exceeds
eight thousand pounds.
(B) For declared gross weights greater than sixteen thousand
pounds, but less than fifty-five thousand pounds -- seventy-eight
dollars and fifty cents plus ten dollars for each one thousand
pounds or fraction thereof that the gross weight of the vehicle
or combination of vehicles exceeds sixteen thousand pounds.
(C) For declared gross weights of fifty-five thousand pounds
or more -- seven hundred thirty-seven dollars and fifty cents
plus fifteen dollars and seventy-five cents for each one thousand
pounds or fraction thereof that the gross weight of the vehicle or combination of vehicles exceeds fifty-five thousand pounds.
(3) Class C and Class L. -- The registration fee for all
vehicles of these two classes is seventeen dollars and fifty
cents except that semitrailers, full trailers, pole trailers and
converter gear registered as Class C and Class L may be
registered for a period of ten years at a fee of one hundred
dollars.
(4) (3) Class G. -- The registration fee for each motorcycle
or parking enforcement vehicle is eight dollars.
(5) (4) Class H. -- The registration fee for all vehicles
for this class operating entirely within the state is five
dollars; and for vehicles engaged in interstate transportation of
persons, the registration fee is the amount of the fees provided
by this section for Class B, Class E and Class K reduced by the
amount that the mileage of the vehicles operated in states other
than West Virginia bears to the total mileage operated by the
vehicles in all states under a formula to be established by the
division of motor vehicles.
(6) (5) Class J. -- The registration fee for all motor
vehicles of this class is eighty-five dollars. Ambulances and
hearses used exclusively as such are exempt from the special fees
set forth in this section.
(7) (6) Class M. -- The registration fee for all vehicles of
this class is seventeen dollars and fifty cents.
(8) Class U. -- The registration fee for all vehicles of
this class is fifty-seven dollars and fifty cents.
(9) (7) Class Farm Truck. -- The registration fee for all
motor vehicles of this class is as follows:
(A) For farm trucks of declared gross weights of eight
thousand one pounds to sixteen thousand pounds -- thirty dollars.
(B) For farm trucks of declared gross weights of sixteen
thousand one pounds to twenty-two thousand pounds -- sixty
dollars.
(C) For farm trucks of declared gross weights of twenty-two
thousand one pounds to twenty-eight thousand pounds -- ninety
dollars.
(D) For farm trucks of declared gross weights of
twenty-eight thousand one pounds to thirty-four thousand pounds
-- one hundred fifteen dollars.
(E) For farm trucks of declared gross weights of thirty-four
thousand one pounds to forty-four thousand pounds -- one hundred
sixty dollars.
(F) For farm trucks of declared gross weights of forty-four
thousand one pounds to fifty-four thousand pounds -- two hundred
five dollars.
(G) For farm trucks of declared gross weights of fifty-four
thousand one pounds to sixty-four thousand pounds -- two hundred
fifty dollars.
(b) Registration fees for the following classes shall be
paid to the division for a maximum period of three years, or
portion thereof based on the number of years remaining in the
three-year period designated by the commissioner:
(1) Class R. -- The annual registration fee for all vehicles
of this class is twelve dollars.
(2) Class T. -- The annual registration fee for all vehicles
of this class is eight dollars.
(c) The fees paid to the division for a multi-year
registration provided for by this chapter shall be the same as
the annual registration fee established by this section and any
other fee required by this chapter multiplied by the number of
years for which the registration is issued.
(d) On or before the first day of July, two-thousand, all
Class C trailers shall be registered for the duration of the
owner's interest in the trailer and shall not expire until either
sold or otherwise permanently removed from the service of the
owner.
§17A-10-5. Public service commission assessment must be paid
before vehicle registered; suspension of
registration cards and plates issued to motor
carriers; privilege to exchange suspended
registration cards and plates.
The commissioner shall not register any Class H or Class J
Class K or Class L vehicle unless the assessment for such vehicle
provided for in section six, article six, chapter twenty-four-a
of this code shall have been paid and notice of such payment
shall have been received by the commissioner in the manner
provided by said section.
The commissioner shall suspend any registration card and registration plate issued by the department under authority of
this section for any Class H or Class J Class K or Class L
vehicle upon receiving certification in writing from the public
service commission that said commission has canceled, suspended
or revoked the certificate of convenience and necessity, permit
or other operating authority of the motor carrier to whom or to
which such registration card and registration plate were issued
under the authority provided by the first paragraph of this
section: Provided, That the motor carrier to whom or to which
said registration card and registration plate were issued shall
have the privilege of receiving in exchange for any such
suspended registration card and registration plate a registration
card and registration plate for a vehicle of a different class as
provided by section one of article four of this chapter.
NOTE: The purpose of this bill is to eliminate several
categories of vehicle classes made obsolete by the deregulation
of the trucking industry. Prior approval of the Public Service
Commission is no longer a prerequisite for Classes E, K and L.
This bill also provides for a permanent, nontransferable license
for commercial type trailers for a one time fee of fifty dollars.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
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