West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-11 - Motor Vehicle Equipment › Section 91-11-5 - Truck Cab or Truck Crew Compartment Designed for Occupancy of Four (4) Persons, Including Driver

Current through Register Vol. XLI, No. 28, July 12, 2024
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