COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 657
(By Senator Jackson, By Request)
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[Originating in the Committee on the Judiciary;
reported March 3, 1999.]
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A BILL to amend article seven, chapter twenty-four-a of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
seven, relating to authorizing employees of the public service
commission designated as motor carrier inspectors to enforce
the provisions of article six, chapter seventeen-c of said
code with respect to the speed of certain motor vehicles; and
further authorizing those inspectors to use radar to measure
and indicate or record such speed for use as prima facie
evidence.
Be it enacted by the Legislature of West Virginia:
That article seven, chapter twenty-four-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section seven,
to read as follows:
ARTICLE 7. COMPLAINTS, DAMAGES AND VIOLATIONS.
§24A-7-7. Authority of motor carrier inspectors to enforce speed
limits with respect to certain vehicles; use of radar as
evidence.
(a) The employees of the commission designated as motor
carrier inspectors have the same authority as law-enforcement
officers generally to enforce the provisions of article six,
chapter seventeen-c of this code, as to the speed of commercial
vehicles owned or operated by motor carriers, exempt carriers or
private commercial carriers.
(b) The speed of a commercial vehicle owned or operated by a
motor carrier, exempt carrier or private commercial carrier 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, when the evidence is obtained by employees of
the commission designated as motor carrier inspectors who have met
the qualifications for radar operation established by the
governor's committee on crime and delinquency using equipment which
has been certified to operate properly. The evidence so obtained
is prima facie evidence of the speed of such vehicle.
(c) Nothing in this section affects the existing authority of
law-enforcement officers not employed by the commission to enforce
the provisions of article six, chapter seventeen-c of this code.
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(NOTE: The purpose of this bill is to authorize motor carrier
inspectors designated by the Public Service Commission to enforce
speed limits with respect to vehicles owned or operated by motor
carriers, exempt carriers and private commercial carriers. Such
vehicles are already usually subject to the Commission's safety
rules. The bill would also authorize the use of radar by such
inspectors to measure the speed of such vehicles. Readings from
radar used by these inspectors would be accepted as prima facie
evidence of speed. This bill would not affect the authority of
other law-enforcement officers to enforce speed limits.
This section is new; therefore, strike-throughs and
underscoring have been omitted.)
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