Myers v. Cline

437 S.E.2d 267, 190 W. Va. 103, 1993 W. Va. LEXIS 148
CourtWest Virginia Supreme Court
DecidedOctober 28, 1993
DocketNo. 21563
StatusPublished

This text of 437 S.E.2d 267 (Myers v. Cline) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Myers v. Cline, 437 S.E.2d 267, 190 W. Va. 103, 1993 W. Va. LEXIS 148 (W. Va. 1993).

Opinion

PER CURIAM:

Jane L. Cline, Commissioner of the West Virginia Division of Motor Vehicles, appeals an order of the Circuit Court of Cabell County that reversed her order suspending the operator’s license of James I. Myers for 90 days and revoking the registration of Mr. Myers’ vehicle for failure to maintain the required security (i.e. compulsory insurance) upon a motor vehicle pursuant to W.Va.Code 17D-2A-1 [1981] et seq.1 On appeal, the Commissioner maintains that the circuit court incorrectly found that Mr. Myers’ vehicle was a seasonal use vehicle and, therefore, exempt from the compulsory insurance provisions. Because Mr. Myers’ vehicle was not [105]*105exempt from the compulsory insurance provisions, we reverse the order of the circuit court and reinstate the Commissioner’s order suspending Mr. Myers’ operator’s license and revoking the registration of Mr. Myers’ vehicle.

On May 31, 1989, Mr. Myers’ vehicle, a 1976 Kawasaki motorcycle, was involved in an accident. At the time of the accident the Kawasaki motorcycle, bearing West Virginia license tag registration C25616, was driven by Mike K. Marsh. After the Division received the accident report noting the lack of insurance coverage on the Kawasaki motorcycle, the Division issued a preliminary order suspending Mr. Myers’ operator’s license and revoking the vehicle registration until proof of insurance is shown.

At a hearing requested by Mr. Myers, he testified that he owned both the Kawasaki motorcycle and a 1966 Honda motorcycle and that he had placed the license plate issued for the Honda motorcycle on the Kawasaki motorcycle. According to Mr. Myers, he intended to sell the Honda and, then, transfer both the Honda’s license plate and insurance to the Kawasaki. Mr. Myers said that on May 31, 1989, Mr. Marsh, a prospective purchaser of the Honda, visited him and “took the Honda and then also while he was there he looked at the Kawasaki and he seemed to be more interested in the Kawasaki, uh, and he started it up_” Mr. Myers allegedly told Mr. Marsh that the Kawasaki motorcycle was not to be taken out of his yard because it was not properly registered or insured. However, when Mr. Myers talked to a person who came with Mr. Marsh, Mr. Marsh put the Kawasaki motorcycle in gear, drove down the street and was involved in the accident. Mr. Myers also testified that he had not operated the Kawasaki motorcycle on the public streets before May 31,1989.

On July 3, 1991, the Commissioner issued a final order suspending Mr. Myers’ operator’s license for 90 days and revoking the vehicle registration until proof of insurance is provided. In his appeal to the circuit court, Mr. Myers argued that his Kawasaki motorcycle was exempt from the compulsory insurance requirement because it was “a periodic or seasonal vehicle.” The circuit court found that the Commissioner had misapplied the facts and that Mr. Myers fell within the exemption found in W.Va.Code 17D-2A-3 [1988] to the compulsory insurance requirement. Alleging that the exemption does not apply to Mr. Myers’ Kawasaki motorcycle, the Commissioner appealed to this Court.

I

“Since the enactment of W.Va.Code, 17D-2A-1, et seq. (1981), our Motor Vehicle Safety Responsibility Law is designed to require mandatory insurance coverage for motor vehicles owned in this State.” Syl. Pt. 2, State Farm Mutual Auto. Ins. Co. v. Universal Underwriters Ins. Co, 181 W.Va. 609, 383 S.E.2d 791 (1989). See also Vanmeter v. W. Va. Dept. of Motor Vehicles, 173 W.Va. 129, 313 S.E.2d 405 (1984); Universal Underwriters Ins. Co. v. Taylor, 185 W.Va. 606, 608, 408 S.E.2d 358, 360 (1991) (discussing the extent of mandatory omnibus insurance coverage of W.Va.Code 38-6-31(a) [1988] for persons who use a vehicle with the owner’s consent, either expressed or implied). The purpose of the legal requirement for insurance is “to promote the public welfare.” W.Va.Code 17D-2A-1 [1981]. The security requirement is specifically outlined in W.Va. Code 17D-2A-3 [1988], which states, in pertinent part:

Every owner or registrant of a motor vehicle required to be registered and licensed in this state shall maintain security as hereinafter provided in effect continuously throughout the registration or licensing period except in case of a periodic use or seasonal vehicle, in which case the owner or registrant is required to maintain security upon the vehicle only for the portion of the year the vehicle is in actual use. As used in this section, a periodic use or seasonal vehicle means a recreational vehicle, antique motor vehicle, motorcycle or other motor vehicle which is stored part of the year and used seasonally.

Under W.Va.Code 17D-2A-3 [1988], the security requirement applies to 'motor vehicles required to be registered and licensed in this state with a limited exception for seasonal or periodic use vehicles. W.Va.Code 17A-3-2(a) [1992] subjects every motor vehicle “when driven or moved upon a highway” to the provisions requiring registration and certification of title. W.Va.Code 17A-3-2(a) [1992] states, in pertinent part: “Every mo[106]*106tor vehicle, trailer, semitrailer, pole trailer and recreational vehicle when driven or moved upon a highway shall be subject to the registration and certificate of title provisions of this chapter... .”2 Although W.Va.Code 17A-3-2(a) [1992] lists six exceptions in subsections (1) through (6) to the registration and certification provisions, none is applicable to this case.3

Mr. Myers acknowledges that the Kawasaki motorcycle is subject to the registration provisions but claims that the Kawasaki motorcycle is exempted from the insurance requirement because it is “a periodic use or seasonal vehicle.” W.Va.Code 17D-2A-3 [1988] states that a seasonal vehicle “means a recreational vehicle, antique motor vehicle, motorcycle or other motor vehicle which is stored part of the year and used seasonally,” and W.Va.Code 17A-3-3(a)(5) [1984] requires the owner of a seasonal vehicle to provide certain information to the Division. W.Va. Code 17A-3-3(a)(5) [1984] states, in pertinent part:

In the case of a periodic use or seasonal vehicle, as defined in section three [§ 17D-2A-3], article two-A, chapter seventeen-D, the owner may provide, in lieu of other statements required by this section, a statement, under penalty of false swearing, that liability insurance is in effect during the portion of the year the vehicle is in actual use, within limits which shall be no less than the requirements of section two [§ 17D-4-2], article four, chapter seventeen-D of this Code, and other information relating to the seasonal use, on a form designed and provided by the department.

The Division notes that Mr. Myers did not file the required statement to qualify his Kawasaki motorcycle as a seasonal vehicle.

Our long standing method of statutory interpretation was repeated in Syl. Pt. 1, State ex rel. Simpkins v. Harvey, 172 W.Va. 312, 305 S.E.2d 268 (1983) superseded by statute on another point as stated in State ex rel. Hagg v. Spillers, 181 W.Va.

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Bluebook (online)
437 S.E.2d 267, 190 W. Va. 103, 1993 W. Va. LEXIS 148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/myers-v-cline-wva-1993.