There is a newer version of the West Virginia Code
2009 West Virginia Code
CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION
ARTICLE 1. WORDS AND PHRASES DEFINED.
ARTICLE 2. DIVISION OF MOTOR VEHICLES.
- §17A-2-1 Department continued.
- §17A-2-2 Commissioner of motor vehicles -- Office created; term; to devote entire time to duties.
- §17A-2-3 Commissioner of motor vehicles -- Qualifications; not to hold other office.
- §17A-2-4 Same -- Vacancy in office.
- §17A-2-5 Commissioner of motor vehicles -- Oath and bond.
- §17A-2-6 Commissioner of motor vehicles -- Salary and expenses.
- §17A-2-7 Commissioner of motor vehicles -- Organization of department; assistants and employees.
- §17A-2-8 Commissioner of motor vehicles -- Office.
- §17A-2-9 Same -- Powers and duties; rules; seal.
- §17A-2-10 Motor vehicles commissioner -- Reciprocal agreements with other states.
- §17A-2-10a Same -- Authorizing the entry of this state into reciprocal proportional registration agreements; payment of taxes; issuance of registration plates or markers; promulgation of rules; interagency cooperation; requirement that all registrants pay tax; intermittent interstate commerce and promulgation of rules; proportional registration agreement prevails.
- §17A-2-11 Commissioner of motor vehicles -- Delegation of powers and duties.
- §17A-2-12 Commissioner of motor vehicles -- Commissioner to prescribe forms.
- §17A-2-13 Authority to administer oaths and certify copies of records; information as to registration.
- §17A-2-14 Destruction of records.
- §17A-2-15 Examination, granting and rejection of applications.
- §17A-2-16 Cancellation, suspension, seizure, etc., of documents and plates.
- §17A-2-17 Distribution of synopsis of motor vehicle laws.
- §17A-2-18 Department may summon witnesses and take testimony.
- §17A-2-19 Giving of notice.
- §17A-2-20 Legal service rendered commissioner.
- §17A-2-21 Motor Vehicle Fees Fund.
- §17A-2-22 Administrative expense.
- §17A-2-23 Worthless checks tendered for fees and taxes; penalty.
- §17A-2-24 Continuation of division.
ARTICLE 2A. UNIFORM MOTOR VEHICLE RECORDS DISCLOSURE ACT.
- §17A-2A-1 Short title.
- §17A-2A-2 Statement of intent and purpose.
- §17A-2A-3 Definitions.
- §17A-2A-4 Prohibition on disclosure and use of personal information from motor vehicles records.
- §17A-2A-5 Required disclosures.
- §17A-2A-6 Disclosure with consent.
- §17A-2A-7 Permitted disclosures.
- §17A-2A-8 Repealed
- §17A-2A-9 Fees.
- §17A-2A-10 Additional conditions.
- §17A-2A-11 Resale or redisclosure.
- §17A-2A-12 Rules.
- §17A-2A-13 Penalty for false representation.
- §17A-2A-14 Effective date.
ARTICLE 3. ORIGINAL AND RENEWAL OF REGISTRATION; ISSUANCE OF CERTIFICATES OF TITLE.
- §17A-3-1 Misdemeanor to violate provisions of article; penalty.
- §17A-3-1a Registration of vehicles of new residents.
- §17A-3-2 Every motor vehicle, etc., subject to registration and certificate of title provisions; exceptions.
- §17A-3-3 Application for registration; statement of insurance or other proof of security to accompany application; criminal penalties; fees; special revolving fund.
- §17A-3-3a Payment of personal property taxes and emergency ambulance fees prerequisite to registration or renewal; duties of assessors; schedule of automobile values.
- §17A-3-3b Motor vehicles believed illegally unregistered; assessor to make verification.
- §17A-3-4 Application for certificate of title; fees; abolishing privilege tax; prohibition of issuance of certificate of title without compliance with consumer sales and service tax provisions; exceptions.
- §17A-3-5 Application for specially constructed, reconstructed or foreign vehicles or new vehicles purchased outside this state.
- §17A-3-6 Temporary permit pending registration and certification.
- §17A-3-7 Grounds for refusing registration or certificate of title.
- §17A-3-8 Examination of registration records and index of stolen and recovered vehicles.
- §17A-3-9 Act of registration and record thereof; registration indexes.
- §17A-3-10 Division to issue registration card; duplicate to county assessor.
- §17A-3-11 Registration of vehicles according to permissible gross weight.
- §17A-3-12 Commissioner to issue certificate of title; signatures on certificate; certificate of title to be delivered to owner or lienor.
- §17A-3-12a Disclosure of odometer information; exceptions; penalties.
- §17A-3-12b Canceled certificates of title for certain mobile and manufactured homes.
- §17A-3-13 Registration card to be signed, carried and exhibited on demand.
- §17A-3-15 Display of registration plates.
- §17A-3-16 Expiration of registration and certificates of title.
- §17A-3-17 Application for and renewal of registration; sheriffs authorized to issue renewals of registration for certain vehicles.
- §17A-3-17a Application for registration; certain motor vehicle dealers authorized to issue certificates of registration for certain vehicles.
- §17A-3-18 Notice of change of address or name.
- §17A-3-19 Lost or damaged certificates, cards and plates.
- §17A-3-20 Department may assign new identifying numbers.
- §17A-3-21 Regulations governing change of motors.
- §17A-3-22 Issuance and distribution of registration bulletins.
- §17A-3-23 Registration plates to state, county, municipal and other governmental vehicles; use for undercover activities.
- §17A-3-24 Emergency waiver of registration and licensing requirements; conditions and limitations; statement of purpose; length of emergency waiver period; promulgation of rules.
ARTICLE 3A. VEHICLE COMPLIANCE WITH FEDERAL CLEAN AIR STANDARDS AND VEHICLE SAFETY.
ARTICLE 4. TRANSFERS OF TITLE OR INTEREST.
- §17A-4-1 Registration expires on transfer by owner; transfer, surrender or retention of plates.
- §17A-4-2 Endorsement of certificate of title upon transfer by owner.
- §17A-4-3 New owner must secure registration and certificate of title.
- §17A-4-4 Transfers to dealers and others.
- §17A-4-5 Transfer by operation of law.
- §17A-4-6 When department to register vehicle and issue new certificate; file of surrendered certificates.
- §17A-4-7 Release by lienholder to owner.
- §17A-4-8 Failure to deliver certificate a misdemeanor.
- §17A-4-9 Owner after transfer not liable for negligent operation.
- §17A-4-10 Salvage certificates for certain wrecked or damaged vehicles; fee; penalty.
- §17A-4-11 Repealed
- §17A-4-12 Repealed
ARTICLE 4A. LIENS AND ENCUMBRANCES ON VEHICLES TO BE SHOWN ON CERTIFICATE OF TITLE; NOTICE TO CREDITORS AND PURCHASERS.
- §17A-4A-1 Certificate to show liens or encumbrances.
- §17A-4A-2 Liens and encumbrances subsequently created.
- §17A-4A-2a Electronic transfer of liens.
- §17A-4A-3 Notice of lien; noninventory lien created by voluntary act of the owner not shown on certificate of title or otherwise perfected void as to subsequent purchasers and lien creditors; exceptions.
- §17A-4A-4 Purchase money lien or encumbrance; effective date of lien; dealer to record lien; fees.
- §17A-4A-5 Priority of liens shown on certificate.
- §17A-4A-6 Who to hold certificate of title subject to lien; transfer of possession upon satisfaction of lien; assignment of obligation by lien holder.
- §17A-4A-7 Release of lien or encumbrance shown on certificate of title.
- §17A-4A-8 Failure to execute release or to surrender certificate when lien paid.
- §17A-4A-9 Levy of execution, etc.
- §17A-4A-10 Fee for recording and release of lien.
- §17A-4A-11 Article to create no cause of action against lienor for damage to property or injury to person.
- §17A-4A-12 Article not to apply to certain common-law and statutory liens.
- §17A-4A-13 Article not to apply to vehicle accessories.
- §17A-4A-14 Effect of article on liens and encumbrances created in transactions consummated before vehicle brought into state and subject to registration and titling in state.
- §17A-4A-15 Expiration of lien or encumbrance; refiling.
- §17A-4A-16 Vehicle leases which are not sales or security interests.
ARTICLE 5. PERMITS TO NONRESIDENT OWNERS.
ARTICLE 6. LICENSING OF DEALERS AND WRECKERS OR DISMANTLERS; SPECIAL PLATES; TEMPORARY PLATES OR MARKERS.
- §17A-6-1 Repealed
- §17A-6-2a Dealer recovery fund created.
- §17A-6-3 License certificate required; engaging in more than one business; established place of business required; civil penalties.
- §17A-6-4 Application for license certificate; insurance; bonds; investigation; information confidential.
- §17A-6-5 License certificate exemption.
- §17A-6-5a Reciprocity for out-of-state dealers; establishing violations of this section as misdemeanor offense; mandating that the commissioner propose or amend legislative rules.
- §17A-6-6 Refusal or issuance of license certificate; license certificate not transferable.
- §17A-6-7 When application to be made; expiration of license certificate; renewal.
- §17A-6-8 Form and display of license certificate or certified copy thereof; obtaining certified copy of license certificate; bond.
- §17A-6-9 Changes in business; action required; applications for and issuance of certificates; fees.
- §17A-6-1a Unlawful to be an automobile broker; definition; criminal penalties.
- §17A-6-1b Dealers authorized to issue motor vehicle registration.
- §17A-6-10 Fee required for license certificate; dealer special plates.
- §17A-6-10a Special plates for manufacturers and transporters; fee.
- §17A-6-10b Special plates for financial institutions; fee.
- §17A-6-11 Expiration of special plates.
- §17A-6-12 Operation of vehicles under special plates.
- §17A-6-13 Use of special plates; records to be maintained by dealer.
- §17A-6-14 Operation of motor vehicles by certain dealers under special permits.
- §17A-6-15 Temporary registration plates or markers.
- §17A-6-16 Records must be kept and maintained.
- §17A-6-17 Sales instrument; full disclosure required.
- §17A-6-17a Approved practices.
- §17A-6-18 Investigation; matters confidential; grounds for suspending or revoking license or imposing fine; suspension and revocation generally.
- §17A-6-18a Motor Vehicle Dealers Advisory Board.
- §17A-6-18b Continuation of board.
- §17A-6-19 Notice of refusal, or suspension or revocation, of license certificate or of suspension of right to issue temporary registration plates or markers or of suspension of a dealer special plate or plates; relinquishing license certificate, dealer special plate or plates and temporary plates or markers.
- §17A-6-20 Repealed
- §17A-6-21 Repealed
- §17A-6-22 Original action by board; matters confidential.
- §17A-6-23 Judicial review.
- §17A-6-24 Actions to enjoin violations; injunctive relief.
- §17A-6-25 Inspections; violations and penalties.
- §17A-6-25a Civil penalties.
- §17A-6-26 Construction.
ARTICLE 6A. MOTOR VEHICLE DEALERS, DISTRIBUTORS, WHOLESALERS AND MANUFACTURERS.
- §17A-6A-1 Legislative finding.
- §17A-6A-2 Governing law.
- §17A-6A-3 Definitions.
- §17A-6A-4 Cancellation of dealer contract; notification.
- §17A-6A-5 Circumstances not constituting good cause.
- §17A-6A-6 Burden of proof.
- §17A-6A-7 Notice provisions.
- §17A-6A-8 Reasonable compensation to dealer.
- §17A-6A-8a Compensation to dealers for service rendered.
- §17A-6A-9 Payment of compensation.
- §17A-6A-10 Prohibited practices.
- §17A-6A-11 Where motor vehicle dealer deceased or incapacitated.
- §17A-6A-12 Establishment and relocation or establishment of additional dealers.
- §17A-6A-13 Obligations regarding warranties.
- §17A-6A-14 Acceptance of vehicles; risk of loss or damage.
- §17A-6A-15 Indemnity.
- §17A-6A-16 Actions at law; damages.
- §17A-6A-17 Injunctive relief.
- §17A-6A-18 West Virginia law to apply.
- §17A-6B-1 License certificate required; application.
- §17A-6B-2 Applicant must be bonded.
- §17A-6B-3 Fee required for license certificate; special fund created.
- §17A-6B-4 Investigation prior to issuance of license certificate; information confidential.
- §17A-6B-5 Refusal of license certificate.
- §17A-6B-6 When application to be made; expiration of license certificate; renewal.
- §17A-6B-7 Form and display of license certificate; certified copies of license.
- §17A-6B-8 Changes in business; action required.
- §17A-6B-9 Investigation; grounds for suspending or revoking license certificate; notice of refusal, suspension or revocation of license certificate; relinquishing license certificate and temporary plates or markers.
- §17A-6B-10 Temporary registration plates or markers.
- §17A-6B-11 Inspections; violations and penalties.
- §17A-6B-12 Injunctive relief.
- §17A-6B-13 Promulgation of rules.
ARTICLE 6C. AUTOMOBILE AUCTION BUSINESSES.
- §17A-6C-1 License certificate required; application form; prohibited acts; reassignment of title; and exemption from privilege tax.
- §17A-6C-2 Bonds and insurance.
- §17A-6C-3 Established place of business requirements.
- §17A-6C-4 Fee required for license certificate.
- §17A-6C-5 Investigation prior to issuance of license certificate; information confidential.
- §17A-6C-6 Refusal of license certificate.
- §17A-6C-7 Licensing period, renewal and expiration.
- §17A-6C-8 Form and display of license certificate; certified copies of license.
- §17A-6C-9 Changes in business; action required.
- §17A-6C-10 Investigation; grounds for suspending or revoking license certificate; notice of refusal, suspension or revocation of license certificate; relinquishing license certificate and temporary plates or markers.
- §17A-6C-11 Temporary registration plates or markers.
- §17A-6C-12 Use of special plates; records to be maintained by automobile auction business; operation of vehicles under special plates; expiration of special plate.
- §17A-6C-13 Records must be kept and maintained.
- §17A-6C-14 Notice of refusal, or suspension or revocation, of license certificate or of suspension of right to issue temporary registration plates or markers or of suspension of an automobile auction special plate or plates; relinquishing license certificate, dealer special plate or plates and temporary plates or markers.
- §17A-6C-15 Inspections; violations and penalties.
- §17A-6C-16 Injunctive relief.
- §17A-6C-17 Promulgation of rules.
ARTICLE 6D. DAILY PASSENGER RENTAL CAR BUSINESS.
- §17A-6D-1 License certificate required; application.
- §17A-6D-2 Collection of daily passenger car rental tax imposed.
- §17A-6D-3 Liability of officers of corporation, etc.
- §17A-6D-4 Annual return; extension of time.
- §17A-6D-5 Applicant must be bonded.
- §17A-6D-6 Fee required for license certificate.
- §17A-6D-7 Investigation prior to issuance of license certificate; information confidential.
- §17A-6D-8 Refusal of license certificate.
- §17A-6D-9 When application to be made; expiration of license certificate; renewal.
- §17A-6D-10 Form and display of license certificate; certified copies of license.
- §17A-6D-11 Changes in business; action required.
- §17A-6D-12 Investigation; grounds for suspending or revoking a license certificate; notice of refusal, suspension or revocation of license certificate; relinquishing license certificate.
- §17A-6D-13 Inspections; violations and penalties.
- §17A-6D-14 Injunctive relief.
- §17A-6D-15 Promulgation of rules.
ARTICLE 6E. MOTOR VEHICLE SALESPERSON LICENSE.
- §17A-6E-1 Findings and purpose.
- §17A-6E-2 Definitions.
- §17A-6E-3 License required.
- §17A-6E-4 Eligibility and issuance of license.
- §17A-6E-5 Expiration of license, renewal and expired license.
- §17A-6E-6 Change of employer.
- §17A-6E-7 Change of address, lost or stolen license, duplicate license.
- §17A-6E-8 Display of license.
- §17A-6E-9 Revocation, suspension or refusal to renew license.
- §17A-6E-10 Administrative due process.
- §17A-6E-11 Investigation, matters confidential.
- §17A-6E-12 Injunctive relief.
- §17A-6E-13 Authority for rules.
- §17A-6E-14 Motor Vehicle Salesperson License Fund.
- §17A-7-1 Operation of vehicles by financial institution or wrecker under special stickers; application and fees; expiration.
- §17A-7-2 Operation of motor vehicles by dealers or other persons under special stickers; application and fees; expiration.
- §17A-7-3 Operation of house trailer under special stickers; application and fees; expiration; issuance of special stickers to holders of Class B registration plates.
ARTICLE 8. SPECIAL ANTITHEFT LAWS.
- §17A-8-1 Report by police of stolen and recovered vehicles or special mobile equipment.
- §17A-8-2 Reports by owners or lienors of stolen and recovered vehicles or special mobile equipment.
- §17A-8-3 Action by department on report of stolen or embezzled vehicle or special mobile equipment.
- §17A-8-4 Unlawful taking of vehicle.
- §17A-8-5 Receiving or transferring stolen vehicle.
- §17A-8-6 Injuring or tampering with vehicle or special mobile equipment.
- §17A-8-7 Motor vehicle or special mobile equipment without manufacturer's serial number, motor or engine number or other distinguishing number or identification mark; offenses.
- §17A-8-8 Altering or changing a manufacturer's serial number, motor or engine number or other distinguishing number or identification mark; offenses.
- §17A-8-9 Theft of a rental vehicle; penalty.
- §17A-8-10 Unlawful retention of rented or leased vehicle after notice.
- §17A-8-11 Unlawful acts relating to certificates of title, blank certificates of title and blank registration forms; penalty.
- §17A-8-12 Recovery of special mobile equipment; chain of custody; sale of unclaimed special mobile equipment; penalties.
- §17A-8-13 Theft of a motor vehicle offered for sale which had been obtained for temporary use for demonstration purposes; penalty.
ARTICLE 9. OFFENSES AGAINST REGISTRATION LAWS AND SUSPENSION OR REVOCATION OF REGISTRATION.
- §17A-9-1 Fraudulent applications.
- §17A-9-2 Operation of vehicles without evidences of registration; use of temporary facsimile; penalty.
- §17A-9-3 Improper use of evidences of registration.
- §17A-9-4 False evidences, forgery, etc., of title and registration.
- §17A-9-5 Authority of division to suspend or revoke registration, certificate, etc.
- §;17A-6-18.
- §17A-9-7 Surrender of evidence of registration, etc., upon cancellation, suspension or revocation; willful failure or refusal to surrender; fee for reinstatement.
ARTICLE 10. FEES FOR REGISTRATION, LICENSING, ETC.
- §17A-10-1 Classification of vehicles for purpose of registration.
- §17A-10-2 Registration fees of motor vehicles used for transportation of property and persons determined by declared gross weight.
- §17A-10-3a Special registration of antique motor vehicles and motorcycles; definition, registration and use of classic motor vehicles and classic motorcycles.
- §17A-10-3b Motorcycle safety fee.
- §17A-10-4 Registration fees for vehicles equipped with other than pneumatic tires.
- §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.
- §17A-10-6 Repealed
- §17A-10-7 Reduced fees for portion of year.
- §17A-10-8 Vehicles exempt from payment of registration fees.
- §17A-10-9 Municipalities and other political subdivisions not to levy or charge license tax on motor vehicles.
- §17A-10-10 Fees upon transfer of registration and issuance of certificates of title.
- §17A-10-11 Fees for duplicate registration plates, registration cards and certificates of title.
- §17A-10-12 When fees returnable.
- §17A-10-13 Payment of fees and passenger seat tax to cities or towns.
- §17A-10-14 Registration plate for amateur radio station operators; fees; rules and forms.
- §17A-10-15 Additional fee for contribution to the highway litter control fund.
- §17A-10-16 Fee for the A. James Manchin Fund.
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