(A) It is a misdemeanor for any owner or operator, or both the owner and operator, of any vehicle required to have insurance or other security pursuant to W. Va. Code §§ 17D-2A-1 et seq. to operate or permit to be operated such vehicle without having provided, obtained, and maintained said insurance or security on said vehicle.
(B) It is a misdemeanor for any owner or operator, or both the owner and operator, of any required vehicle to have insurance or other security pursuant to W. Va. Code §§ 17D-2A-1 et seq. to operate or permit to be operated such vehicle without having current and valid proof of said insurance or security in said vehicle or to fail to provide or produce the same upon demand of any authorized person as designated in division (D) below.
(C) No person shall make, issue, knowingly use, or cause or permit to be used any imitation or counterfeit proof of certificate of insurance, or knowingly use or cause or permit to be used an expired proof of certificate of insurance or proof or certificate of insurance relative to an expire policy.
(D) (1) At the time of investigation of a motor vehicle offense or accident in the town by the Police Department, or when a vehicle is stopped by a law enforcement officer for reasonable cause, the officer making such investigation shall inquire of the operators of any motor vehicles involved as to the existence upon such vehicle or vehicles proof of insurance or other security required by the provisions of the West Virginia Code, and upon a finding by such law enforcement officer or agent thereof that the security required by the provisions of W. Va. Code §§ 17D-2A-1 et seq. is not in effect, as to any such vehicle, he or she shall notify the Department of Motor Vehicles of such finding within five days if no citation requiring a court appearance is issued. Provided, such law enforcement officer or agent shall not stop vehicles solely to inquire as to the certificate of insurance.
(2) A defendant who is charged with a traffic offense that requires appearance in court shall present the court, at the time of his or her appearance or subsequent appearance, with proof that the defendant had security at the time of the traffic offense as required by law. If, as a result of the defendant’s failure to show proof, the court determines that the defendant has violated the law in these particulars, it shall notify the Department of Motor Vehicles within five days. If the defendant shows proof of said insurance within said five days, any citation issued under this section shall be dismissed.
(Prior Code, § 345.37) (Ord. 12-001, passed 7-9-2012; Ord. 2020-001, passed 2-28-2020) Penalty, see § 72.999
Statutory reference:
Generally, see W. Va. Code §§ 17D-2A-1 et seq.