West Virginia Motor Vehicle Safety Responsibility Law

What this document is

West Virginia Motor Vehicle Safety Responsibility Law - W. Va. Code Chapter 17D (Articles 1, 2, 2A, 3, 4, 6) is a state statute published by West Virginia Legislature (code.wvlegislature.gov). It is one of the West Virginia documents that insurance license exam questions are written from, including west virginia property & casualty, west virginia personal lines practice questions. This page summarizes it and points to the official version, which is the text to rely on.

Sections cited in practice questions

Each practice answer shows the exact passage it comes from. These are sections of this document that questions cite, with a short excerpt from the source text.

• W. Va. Code § 17D-4-2(b) ("Proof of financial responsibility" defined; current minimum limits)

  “Beginning January 1, 2016, "proof of financial responsibility" means proof of ability to respond in damages for liability, on account of accident occurring subsequent to the effective date of the proof, arising out of the ownership, operation, maintenance, or use of a motor vehicle, trailer or...”

• W. Va. Code § 17D-4-2(b) (Proviso continuing a pre-2016 policy's adequacy until it expires or is renewed)

  “Provided, That proof of financial responsibility provided by an insurance policy in effect on December 31, 2015 in the minimum amounts required in subdivision (a) of this section shall continue to provide adequate proof of financial responsibility required by this chapter until the policy expires or is renewed.”

• W. Va. Code § 17D-2A-3(c) (Required security; nonresident owners present more than a stated period)

  “Every nonresident owner or registrant of a motor vehicle, which is operated upon any road or highway of this state and which has been physically present within this state for more than thirty days during the preceding three hundred sixty-five days shall thereafter maintain security as hereinafter...”

• W. Va. Code § 17D-2A-4(b) (Certificate of insurance; carrying and presenting proof; misdemeanor and its defense)

  “Any person violating the provisions of this subsection is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $200 nor more than $5,000; and upon a second or subsequent conviction, shall be fined not less than $200 nor more than $5,000, or confined in the county or...”

• W. Va. Code § 17D-2A-5 (Minimum policy term)

  “No policy of motor vehicle liability insurance issued or delivered for issuance in this state shall be contracted for a period of less than ninety days: Provided, That the Insurance Commissioner may establish exceptions thereto by rules proposed for legislative approval pursuant to chapter twenty-nine-a of this code.”

• W. Va. Code § 17D-2A-6(a) (Investigation by law-enforcement officer; limit on stopping solely to inquire)

  “Provided, That the law-enforcement officer or agent may not stop vehicles solely to inquire as to the certificate of insurance.”

• W. Va. Code § 17D-2A-7(a)(1) (Suspension or revocation for failure to maintain required security; first offense)

  “For the first offense, the commissioner shall suspend the driver's license for thirty days and until such time as he or she presents current proof of insurance on all currently registered vehicles: Provided, That if an owner complies with this subdivision, and pays a penalty fee of $200 before the...”

• W. Va. Code § 17D-2A-7(a)(2) (Suspension or revocation for failure to maintain required security; second or subsequent offense)

  “For the second or subsequent offense within five years, the commissioner shall suspend the owner's driver's license for a period of ninety days and shall revoke the owner's vehicle registration until he or she presents to the Division of Motor Vehicles the proof of security required by this article.”

• W. Va. Code § 17D-2A-7(e) (Due process before suspension or revocation; notice and hearing)

  “A person may not have his or her driver's license suspended or motor vehicle registration revoked under this section unless he or she and any lienholder noted on the certificate of title are first given written notice of such suspension or revocation sent by certified mail, at least thirty days...”

• W. Va. Code § 17D-4-4 (When courts to report nonpayment of judgments)

  “Whenever any person fails within thirty days to satisfy any judgment, then upon the written request of the judgment creditor or his attorney it shall be the duty of the clerk of the court, or of the judge of a court which has no clerk, in which any such judgment is rendered within this state to...”

• W. Va. Code § 17D-4-5(c) (Suspension for nonpayment of judgments; insurer-liquidation exception)

  “The commissioner shall not, however, suspend a license, registration, or nonresident's operating privilege of any person if the insurance applicable to such person or the vehicle being operated by him was with a company which was authorized to transact business in this state and which, subsequent...”

• W. Va. Code § 17D-6-2(b) (Self-insurers; certificate; financial statement)

  “The commissioner may, in his or her discretion, upon the application of such a person, issue a certificate of self-insurance when he or she is satisfied that such person is possessed and will continue to be possessed of ability to pay judgments obtained against such person. The commissioner may not...”

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