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Senate committee advances bill to prevent DMV from recording certain low-speed speeding abstracts

March 28, 2025 | 2025 Legislature WV, West Virginia


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Senate committee advances bill to prevent DMV from recording certain low-speed speeding abstracts
The West Virginia Senate Transportation and Infrastructure Committee voted to report Senate Bill 553 to the full Senate with a recommendation that it pass, saying the measure would bar the Division of Motor Vehicles from recording certain abstracts of judgment for low‑level speeding on controlled‑access and interstate highways.

Committee counsel described the change as primarily stylistic and said it preserves the current prohibition against recording points when an abstract for a 10‑mph‑or‑less speeding conviction is transmitted in error. "It's really just a technical update," Committee Counsel said, explaining the bill replaces older phrasing that used "shall not" with the modern phrasing "may not." "When you put a not, then really shall not or may not would mean the same thing," Counsel added.

The bill modifies one section of the traffic code that covers speeding. Under current language, if an owner or driver is convicted of driving above the speed limit on a controlled‑access or interstate highway and the motor vehicle was operated 10 miles per hour or less above the limit, a certified abstract of judgment "may not" be transmitted to the DMV; SB 553 adds that, if such an abstract is transmitted, the DMV may not record it. Committee Counsel told the panel the intent is to prevent a transmitted abstract — whether sent by mistake or with incomplete information — from producing a points assessment.

Senator Marion asked whether the practical effect of the bill is to ensure that, if the DMV receives such an abstract, it does not mark points on a driver's record. "Correct," Committee Counsel said, and noted that the committee consulted DMV staff: "I do think sometimes the DMV is just operating on incomplete information." The counsel said the DMV's practice has at times led to abstracts being transmitted or recorded when the jurisdictional facts (for example, whether the stop occurred on a controlled‑access highway) were unclear.

Vice Chair Stephen Taylor moved that Senate Bill 553 be reported to the full Senate with the recommendation that it do pass, with the bill first referred to the Committee on Banking and Insurance under its double‑reference. The motion was adopted by voice vote; the chair declared "the ayes have it." The committee record does not include a roll‑call tally.

The chairman said the committee will determine whether to waive the second committee reference in the full Senate.

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