W. Va. Code R. § 91-11-5

Current through Register Vol. XLI, No. 24, June 14, 2024
Section 91-11-5 - Truck Cab or Truck Crew Compartment Designed for Occupancy of Four (4) Persons, Including Driver

Upon a review of the Acts of the Legislature, Chapter 90, limiting to not more than three (3) persons, including the operator, the number of persons that may ride or be permitted by the operator to ride in the seat of a motor vehicle with the operator while such vehicle is being operated on the streets and highways, provided that the limitation shall not apply to a truck cab or truck crew compartment properly designated for the occupancy of four (4) persons, including the operator, and so designated on the registration card by the Department of Motor Vehicles, the following findings are made.

5.1. Action by the Department requires exercise of the administrative authority vested in the Commissioner to adopt regulations to carry out the provisions of said Act and to prescribe standards for such actions;
5.2. The vehicles subject to the Proviso Clause of such Act are limited to those vehicles designed for such occupancy that fall properly into Classes B, E, K, S and X; and,
5.3. Information upon which such designation may be intelligently based needs to be provided by the owners of the vehicles desiring such designation, subject, however, to inspection of such vehicles on behalf of the Department.
5.3.a. It is accordingly ordered:
5.3.a.1. Vehicles not falling in Classes B, E, K, S or X are not within the contemplation of the Proviso Clause of the Act and such designation shall not be made on the Registration Card for such excluded vehicles;
5.3.a.2. Such designation will not be made in any case unless upon application therefor by the owner of the vehicle and representation that such vehicle has been registered or application for registration is pending;
5.3.a.3. Application for such designation shall be in writing, signed by the owner of the vehicle and shall disclose the following data:
5.3.a.3.A. Name and address of owner;
5.3.a.3.B. Manufacturer, trade name, model name or number, serial number and title certificate number of vehicle if previously registered and year vehicle was built;
5.3.a.3.C. Whether vehicle was constructed by manufacturer to specifications for a standard model or design for manufacture of a class of similar vehicles; attaching, if available, manufacturer's description matter pertaining to cab or crew compartment;
5.3.a.3.D. If vehicle cab or truck crew compartment were not constructed by manufacturer to standard specifications, the owner will furnish with his application:
5.3.a.3.D.1. Photographs of vehicles showing (1) front of cab revealing four (4) persons seated therein; and (2) side view of cab;
5.3.a.3.D.2. Sketch of interior of cab or crew compartment showing:
(1) inside width of cab;
(2) lineal measurement of seat or seats in cab;
(3) lineal measurement of front(s) and seat(s);
(4) depth of seat(s); and,
(5) lineal measurement from instrument panel to front of seat or seat(s).
5.3.a.4. All such applications may, at discretion of the Commissioner, be subjected to investigation by an employee of the Department named by the Commissioner for the purpose;
5.3.a.5. Such designation will not be made in the case of any vehicle as to which the lineal measurement of the front of any single undivided seat without offset on which it is proposed to seat four (4) persons, including the driver, in the truck cab or truck crew compartment, shall be less than five (5) feet and nine (9) inches and the uniform depth of which seat(s) is less than one (1) foot and four (4) inches from front to forward surface of rear upright cushion; or, where the inside width of such cab or compartment is less than six (6) feet.
5.3.a.5.A. Where there are more than one (1) seat in such cab or crew compartment, (1) the operator's seat, where separated, shall be of a uniform width (front) of at least eighteen (18) inches; (2) a separate seat for two (2) persons shall be a uniform width of at least thirty-one (31) inches; and, any seat for one person shall be of a uniform width (front) of at least seventeen (17) inches.
5.3.a.6. Form MVB 500, issued March 1, 1962, is hereby adopted as the official form for making such application.
5.3.a.7. Form MVB 500 shall be printed and made available upon request and cost free to the owner of any vehicle falling in Classes B, E, K, S or X.
5.3.a.8. That the form of designation of a truck cab or truck crew compartment when found by the Department to be properly designed for the occupancy of four (4) persons, including the operator, shall be the words "Four Man Cab" or "Four Man Compartment" imprinted upon the face of the registration card by means of addressograph plate or other distinctive device used by the Department in the inscription and issuance of the registration card pertinent to said vehicle.

FIGURE 1

W. Va. Code R. § 91-11-5