H. B. 2798
(By Delegates Warner and Renner)
[Introduced January 30, 2003; referred to the
Committee on the Judiciary then Finance.]
A BILL to repeal section one, article three-a, chapter seventeen-a
of the code of West Virginia, one thousand nine hundred
thirty-one, as amended; and to amend and reenact sections two
and three of said article, all relating to disclosure of
modification to motor vehicles not manufactured according to
federal safety and emission standards; requiring certain proof
that the motor vehicles complies with federal safety and
emission standards before being titled; and eliminating the
authority of the commissioner to issue temporary titles.
Be it enacted by the Legislature of West Virginia:
That section one, article three-a, chapter seventeen-a of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be repealed; and that sections two and three of said
article be amended and reenacted, all to read as follows:
ARTICLE 3A. VEHICLE COMPLIANCE WITH FEDERAL CLEAN AIR STANDARDS AND VEHICLE SAFETY.
§17A-3A-2. Consumer disclosure.
Before a motor vehicle not originally manufactured in
accordance with the laws and regulations of the United States Clean
Air Act and the United States Motor Vehicle Safety Act federal
safety and emission standards can be sold to a consumer in this
state, the seller must provide the purchaser with full written
disclosure of all modifications performed to the vehicle. This
disclosure consists of a description phrased in terms reasonably
understandable to a consumer with no specialized technical
training, accompanied by a copy of the technical submissions made
to the environmental protection agency and department of
transportation in order to obtain certification of compliance.
Failure to make this disclosure renders the sale voidable.
§17A-3A-3. Certificates of title.
(a) Before any imported vehicle which has not previously been
titled or registered in the United States referred to in section
two of this article may be titled in this state, the applicant must
submit: (1) A manufacturer's certificate of origin issued by the
actual vehicle manufacturer together with a notarize translation
thereof; or (2) the documents constituting valid proof of ownership
in the country in which the vehicle was originally purchased,
together with a notarized translation of any such document; or (3)
with regard to vehicles imported from countries which cancel the vehicle registration and title for export, the documents assigned
to such vehicle after the registration and title have been
canceled, together with a notarized translation thereof, and proof
satisfactory to the division that the motor vehicle complies with
all applicable federal safety and emission standards.
(b) In the event that the documents submitted as required by
subsection (a) do not name as owner the current applicant for a
certificate of title, the applicant must also submit reliable proof
of a chain of title.
The commissioner shall have the authority to issue a temporary
title for vehicles subject to the provisions of this section.
Application for a temporary title shall include an affidavit from
a U.S. Department of Transportation approved modification facility,
stating that the standards required by the U.S. Department of
Transportation and the U.S. Environmental Protection Agency have
been met; and further an affidavit from the vehicle owner stating
that all necessary paperwork has been forwarded to the applicable
federal agencies for consideration of a bond release letter.
Temporary titles shall not be transferable and shall be valid for
a period of time not to exceed ten months.
The fee for the temporary title shall be twenty-five dollars.
Applicable privilege taxes, as provided for in this or other
sections of the code, shall be collected from the owner upon
application for the temporary title, and additional privilege taxes shall not be required upon application for permanent titles issued
following the issuance of said temporary titles. Receipt of a
federal bond release letter shall be required to be filed with the
commissioner prior to issuance of a permanent title.
NOTE: The purpose of this bill is to require disclosure of
modifications to motor vehicles not manufactured according to
federal safety and emission standards. The bill also requires
certain proof that the motor vehicle complies with federal safety
and emission standards before being titled and it eliminates the
authority of the commissioner to issue temporary titles.
Strike-throughs indicate language that would be stricken from
present law, and underscoring indicates new language that would be
added.
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