Terms Used In West Virginia Code > Chapter 3 > Article 4A - Electronic Voting Systems

• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Aeronautics: means the art and science of flight, including, but not limited to, transportation by aircraft. See West Virginia Code 17-16F-3
• Affected local jurisdiction: means any county or incorporated municipality of this state in which all or any part of a transportation facility is or will be located, or any other local public entity, including, but not limited to, a public service district or highway authority or highway association that is directly affected by a transportation project. See West Virginia Code 17-28-3
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Air navigation: means the operation or navigation of aircraft in the air space over this state or upon any airport within this state. See West Virginia Code 17-16F-3
• Air navigation facility: means any facility other than one owned or controlled by the federal government used in, available for use in, or designed for use in aid of air navigation, including airports, and any structures, mechanisms, lights, beacons, markers, communications system, or other instrumentalities or devices used or useful as an aid or constituting an advantage or convenience to the safe taking off, air navigation, and landing of aircraft or the safe and efficient operation or maintenance of an airport, and any combination of any or all of such facilities. See West Virginia Code 17-16F-3
• Aircraft: means any contrivance now known, or hereafter invented, used, or designed for navigation of or flight in the air whether manned or unmanned. See West Virginia Code 17-16F-3
• Airport: means any area of land or water which is used, or intended for use, for the landing and takeoff of aircraft and any appurtenant areas which are used, or intended for use, for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon. See West Virginia Code 17-16F-3
• Allegation: something that someone says happened.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Applicant: means any person making application for an original or renewal license certificate under the provisions of this article. See West Virginia Code 17A-6-1
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• authority: means the West Virginia Parkways Authority, or if the Parkways Authority is abolished, the board, body, commission or authority succeeding to the principal functions thereof or to whom the powers given by this article to the Parkways Authority shall be given by law. See West Virginia Code 17-16A-5
• Automatic tabulating equipment: means all apparatus necessary to electronically count votes recorded on ballots, tabulate the results and produce necessary reports. See West Virginia Code 3-4A-2
• Ballot: means a logical or physical device that presents races, candidates and contests, and facilitates the capture of the voter'. See West Virginia Code 3-4A-2
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Bequest: Property gifted by will.
• Bond: means a revenue bond or rate issued by the division to effectuate the intents and purposes of this article. See West Virginia Code 17-16F-3
• Bus: means every motor vehicle designed to carry more than seven passengers and used to transport persons. See West Virginia Code 17A-1-1
• Candidate: shall mean any person to be voted for at an election. See West Virginia Code 3-1-2
• Car sharing delivery period: means the period of time during which a shared vehicle is being delivered to the location of the car sharing start time, if applicable, as documented by the governing car sharing program agreement. See West Virginia Code 17A-6F-2
• Car sharing period: means the period of time that commences with the car sharing delivery period or, if there is no car sharing delivery period, that commences with the car sharing start time, and in either case ends at the car sharing termination time. See West Virginia Code 17A-6F-2
• Car sharing program agreement: means the terms and conditions applicable to a shared vehicle owner and a shared vehicle driver that govern the use of a shared vehicle through a peer-to-peer car sharing program. See West Virginia Code 17A-6F-2
• Car sharing start time: means the time when the shared vehicle becomes subject to the control of the shared vehicle driver at or after the time the reservation of a shared vehicle is scheduled to begin as documented in the records of a peer-to-peer car sharing program. See West Virginia Code 17A-6F-2
• Car sharing termination time: means the earliest of the following events:

  The expiration of the agreed upon period of time established for the use of a shared vehicle according to the terms of the car sharing program agreement if the shared vehicle is delivered to the location agreed upon in the car sharing program agreement. See West Virginia Code 17A-6F-2

• Central counting center: means a facility equipped with suitable and necessary automatic tabulating equipment, selected by the county commission, for the electronic counting of votes recorded on ballots. See West Virginia Code 3-4A-2
• Commissioner: means the State Tax Commissioner. See West Virginia Code 11-22-1
• Commissioner: means the Commissioner of the Division of Motor Vehicles of this state. See West Virginia Code 17A-1-1
• Commissioner: means the chief operating officer and administrative head of the Multimodal Division, when such person is appointed by the Secretary of Transportation. See West Virginia Code 17-16F-3
• Commissioner: means the West Virginia commissioner of highways. See West Virginia Code 17-17A-2
• Commissioner: means the West Virginia Commissioner of Highways. See West Virginia Code 17-17B-2
• Commissioner: means the Commissioner of Highways who is the chief executive officer of the Division of Highways. See West Virginia Code 17-28-3
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Commuter rail: means a transit mode that is an electric or diesel propelled railway for urban passenger train service consisting of local short distance travel operating between a central city and adjacent suburbs. See West Virginia Code 17-16F-3
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Comprehensive agreement: means the comprehensive agreement by and between a developer and the division required by section nine of this article. See West Virginia Code 17-27-2
• Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: means a corporation or joint-stock association, organized under the laws of this state, the United States or any other state, territory or foreign country or dependency including, but not limited to, banking institutions. See West Virginia Code 11-22-1
• Cost: means the cost of construction, reconstruction, maintenance, improvement, repair and operation of the project, the cost of the acquisition of all land, rights-of-way, property, rights, easements and interests acquired by the Parkways Authority or the Department of Transportation for such construction, reconstruction, maintenance, improvement and repair, the cost of all machinery, equipment, material and labor which are deemed essential thereto, the cost of improvements, the cost of financing charges, interest prior to and during construction and for one year after completion of construction, the cost of traffic estimates and of engineering, consultant, accounting, architects&rsquo. See West Virginia Code 17-16A-5
• Cost: when used with respect to any surface transportation improvement, means any and all costs of acquiring, constructing, reconstructing, replacing, completing or repairing any surface transportation improvement, including without limiting the generality of the foregoing, land, property, rights, franchises, materials, labor and services, contractors'. See West Virginia Code 17-17A-2
• dealers: is a general term meaning, depending upon the context in which used, either a new motor vehicle dealer, used motor vehicle dealer, factory-built home dealer, recreational vehicle dealer, trailer dealer or motorcycle dealer, as defined in §. See West Virginia Code 17A-1-1
• Decedent: A deceased person.
• Department: means the West Virginia Department of Transportation. See West Virginia Code 17-17B-2
• Department: means the Department of Transportation. See West Virginia Code 17-27-2
• Department: means the West Virginia Department of Transportation. See West Virginia Code 17-28-3
• Department of Transportation: means the West Virginia Department of Transportation and each of its respective divisions and subordinate agencies, including, without limitation, the Division of Highways. See West Virginia Code 17-16A-5
• Developer: means the private entity that is responsible for the acquisition, construction or improvement of a qualifying transportation facility. See West Virginia Code 17-27-2
• Development plan: means a document which details the overall strategy of the division for the proper planning and sustainable development of an area and consists of a written statement and accompanying maps. See West Virginia Code 17-16F-3
• device: shall mean any card, cloth, paper, metal or wooden advertising emblem or sign of any kind or character, which is posted, stuck, glued, tacked, nailed, painted or otherwise fastened or affixed to or upon any fence, post, tree or thing other than an advertising sign or structure. See West Virginia Code 17-22-2
• Devise: To gift property by will.
• Disclose: means to make available or make known information contained in a motor vehicle record to any person, organization or entity. See West Virginia Code 17A-2A-3
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• display: shall mean any poster, bill, printing, writing, drawing, painting, or advertising material of any kind or character whatsoever, designed and intended to draw the attention of the public to any goods, merchandise, property, real or personal, business service, entertainment or amusement, produced, bought, sold, conducted, furnished, or dealt in by any person, which is placed, posted, painted, tacked, nailed, glued or otherwise affixed or fastened to any advertising sign or structure, or otherwise displayed outdoors. See West Virginia Code 17-22-2
• Division: refers to the Division of Highways, a division within the West Virginia Department of Transportation. See West Virginia Code 17-28-3
• Division: means the Division of Motor Vehicles. See West Virginia Code 17A-2A-3
• Division: means the Division of Motor Vehicles of this state acting directly or through its duly authorized officers and agents. See West Virginia Code 17A-1-1
• Division: means the Division of Highways of the West Virginia Department of Transportation, except where another division is clearly identified. See West Virginia Code 17-16D-2
• Division: means the West Virginia Division of Multimodal Transportation Facilities. See West Virginia Code 17-16F-3
• Division: means the Division of Highways, a division within the West Virginia Department of Transportation. See West Virginia Code 17-17B-2
• Division: means the Division of Highways. See West Virginia Code 17-27-2
• Docket: A log containing brief entries of court proceedings.
• Donor: The person who makes a gift.
• Economic development project: means any land or water site, structure, facility or equipment which the Parkways Authority may acquire, create, develop, construct, reconstruct, improve or repair, or previously may have acquired, created, developed, constructed, reconstructed, improved or repaired under the provisions of this article to promote the agricultural, economic or industrial development of the state, together with all property rights, easements and interests which may be acquired by the Parkways Authority for the development, construction or operation of such project. See West Virginia Code 17-16A-5
• Electronic poll book: means an electronic device containing voter registration information for the purpose of facilitating voting at the precinct. See West Virginia Code 3-4A-2
• Electronic toll collection: means a system of collecting tolls or charges that has or includes the capability of charging an account holder, owner or operator of a vehicle for the prescribed toll:

  (A) By electronic transmission of information between a device on a vehicle and a device located in a toll lane or otherwise used at a toll collection facility. See West Virginia Code 17-16D-2

• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Essential parts: means all integral and body parts of a vehicle of a type required to be registered hereunder, the removal, alteration, or substitution of which would tend to conceal the identity of the vehicle or substantially alter its appearance, model, type, or mode of operation. See West Virginia Code 17A-1-1
• Established place of business: means , in the case of a new motor vehicle dealer, a permanent location, not a temporary stand or other temporary quarters, owned or leased by the licensee or applicant and actually occupied or to be occupied by him or her, as the case may be, which is or is to be used exclusively for the purpose of selling new motor vehicles or new and used motor vehicles, which shall have space under roof for the display of at least one new motor vehicle and facilities and space therewith for the servicing and repair of at least one motor vehicle, which servicing and repair facilities and space is adequate and suitable to carry out servicing and to make repairs necessary to keep and carry out all representations, warranties, and agreements made or to be made by the dealer with respect to motor vehicles sold by him or her, which is easily accessible to the public, which conforms to all applicable laws of this state and the ordinances of the municipality in which it is located, if any, which displays thereon at least one permanent sign, clearly visible from the principal public street or highway nearest the location and clearly stating the business which is or shall be conducted thereat, and which has adequate facilities to keep, maintain and preserve records, papers and documents necessary to carry on the business and to make the business available to inspection by the commissioner at all reasonable times: Provided, That each established place of business shall have a display area which may be outside or inside or a combination thereof of at least 1,200 square feet which is to be used exclusively for the display of vehicles which are offered for sale by the dealer, office space of at least 144 square feet and a telephone listed in the name of the dealership. See West Virginia Code 17A-6-1
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Expressway: means any road serving major intrastate and interstate travel, including federal interstate routes. See West Virginia Code 17-16A-5
• Factory-built home: includes mobile homes, house trailers, and manufactured homes. See West Virginia Code 17A-1-1
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Farm machinery: means all machines and tools used in the production, harvesting or care of farm products. See West Virginia Code 17A-6-1
• Farm tractor: means every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry. See West Virginia Code 17A-1-1
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• Fold-down camping trailer: means every vehicle consisting of a portable unit mounted on wheels and constructed with collapsible partial sidewalls which fold for towing by another vehicle and unfold at the camp site to provide temporary living quarters for recreational, camping or travel use. See West Virginia Code 17A-6-1
• Fold-down camping trailer: means every vehicle consisting of a portable unit mounted on wheels and constructed with collapsible partial sidewalls which fold for towing by another vehicle and unfold at the camp site to provide temporary living quarters for recreational, camping, or travel use. See West Virginia Code 17A-1-1
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Foreign vehicle: means every vehicle of a type required to be registered hereunder brought into this state from another state, territory, or country other than in the ordinary course of business by or through a manufacturer or dealer and not registered in this state. See West Virginia Code 17A-1-1
• Fraud: Intentional deception resulting in injury to another.
• Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
• Governmental entity: means any county, municipality, or other governmental unit or political subdivision of the State. See West Virginia Code 17-28-3
• Grantor: The person who establishes a trust and places property into it.
• Heavy rail: means a transit mode that is an electric railway with the capacity for a heavy volume of traffic. See West Virginia Code 17-16F-3
• highway: means the entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. See West Virginia Code 17A-1-1
• highway association: means any entity created by the Legislature for the advancement and improvement of the state road and highway system, including, but not limited to, the New River Parkway Authority, Midland Trail Scenic Highway Association, Shawnee Parkway Authority, Corridor G Regional Development Authority, Coalfields Expressway Authority, Robert C. See West Virginia Code 17-28-3
• House trailer dealer: means every person (other than agents and employees, if any, while acting within the scope of their authority or employment), engaged in, or held out to the public to be engaged in, the business in this state of selling new or used house trailers, or both, or new or used, or both, house trailers and trailers or new or used, or both, manufactured homes, and mobile homes. See West Virginia Code 17A-6-1
• House trailers: means all trailers designed and used for human occupancy on a continual nonrecreational basis, but may not include fold-down camping and travel trailers, mobile homes, or manufactured homes. See West Virginia Code 17A-6-1
• House trailers: means all trailers designed and used for human occupancy on a continual nonrecreational basis but may not include fold-down camping and travel trailers, mobile homes, or manufactured homes. See West Virginia Code 17A-1-1
• Implement of husbandry: means every vehicle which is designed for or adapted to agricultural purposes and used by the owner thereof primarily in the conduct of his or her agricultural operations, including, but not limited to, trucks used for spraying trees and plants: Provided, That the vehicle may not be let for hire at any time. See West Virginia Code 17A-1-1
• in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
• Income: means and includes all money accruing to the division or part thereof from any source. See West Virginia Code 17-16F-3
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Initial assistance: means the first round of funds that are loaned or used for credit enhancement by the State Transportation Infrastructure Fund for projects eligible for assistance under this section. See West Virginia Code 17-17B-2
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
• Intermodal transportation: means the successive transport of goods or passengers using more than one mode of transportation, including air, rail, ship, or roadway. See West Virginia Code 17-16F-3
• Intestate: Dying without leaving a will.
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
• Laws of the state: includes the Constitution of the State of West Virginia and the Constitution of the United States, and treaties and laws made in pursuance thereof. See West Virginia Code 2-2-10
• Legatee: A beneficiary of a decedent
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Licensee: means any person holding any license certificate issued under the provisions of this article. See West Virginia Code 17A-6-1
• Light rail: means a transit mode that typically is an electric railway with a light volume traffic capacity. See West Virginia Code 17-16F-3
• Limited liability company: means a limited liability company organized under the laws of this state, the United States or by any other state, territory or the District of Columbia. See West Virginia Code 11-22-1
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Loan: means any form of direct financial assistance from the infrastructure fund that is required to be repaid over a period of time and that is provided to a project sponsor for all or part of the costs of the project. See West Virginia Code 17-17B-2
• Local service road: means any local arterialized and spur roads which provide land access and socioeconomic benefits to abutting properties. See West Virginia Code 17-16A-5
• Low-speed vehicle: means a four-wheeled motor vehicle whose attainable speed in one mile on a paved level surface is more than 20 miles per hour but not more than 25 miles per hour. See West Virginia Code 17A-1-1
• Manufacturer: means every person engaged in the business of reconstructing, assembling, or reassembling vehicles with a special type of body required by the purchaser if the vehicle is subject to the title and registration provisions of this code. See West Virginia Code 17A-6-1
• Manufacturer: means every person engaged in the business of constructing or assembling vehicles of a type required to be registered hereunder at a place of business in this state which is actually occupied either continuously or at regular periods by the manufacturer where his or her books and records are kept and a large share of his or her business is transacted. See West Virginia Code 17A-1-1
• Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
• Material default: means any default by the developer in the performance of its duties under subsection (f), section eight of this article that jeopardizes adequate service to the public from a qualifying transportation facility and remains unremedied after the division has provided notice to the developer and a reasonable cure period has elapsed. See West Virginia Code 17-27-2
• Mobile equipment: means every self-propelled vehicle not designed or used primarily for the transportation of persons or property over the highway but which may infrequently or incidentally travel over the highways among job sites, equipment storage sites, or repair sites, including farm equipment, implements of husbandry, well drillers, cranes, and wood-sawing equipment. See West Virginia Code 17A-1-1
• Mobile home: means a transportable structure that is wholly, or in substantial part, made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly and installation on a building site and designed for long-term residential use and built prior to enactment of the federal Manufactured Housing Construction and Safety Standards Act of 1974 (42 U. See West Virginia Code 17A-1-1
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• Motor home: means every vehicle, designed to provide temporary living quarters, built into an integral part of or permanently attached to a self-propelled motor vehicle, chassis or van including: (1) Type A motor home built on an incomplete truck chassis with the truck cab constructed by the second-stage manufacturer. See West Virginia Code 17A-6-1
• Motor home: means every vehicle, designed to provide temporary living quarters, built into an integral part of or permanently attached to a self-propelled motor vehicle, chassis or van including: (1) Type A motor home built on an incomplete truck chassis with the truck cab constructed by the second stage manufacturer. See West Virginia Code 17A-1-1
• Motor vehicle: means every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. See West Virginia Code 17A-1-1
• Motor vehicle record: means any record that pertains to a motor vehicle operator'. See West Virginia Code 17A-2A-3
• Motorboat: means any vessel propelled by an electrical, steam, gas, diesel or other fuel-propelled or -driven motor, whether or not the motor is the principal source of propulsion, but does not include a vessel which has a valid marine document issued by the bureau of customs of the United States government or any federal agency successor thereto. See West Virginia Code 17A-6-1
• Motorboat: means any vessel propelled by an electrical, steam, gas, diesel, or other fuel-propelled or -driven motor, whether or not the motor is the principal source of propulsion, but may not include a vessel which has a valid marine document issued by the bureau of customs of the United States government or any federal agency successor thereto. See West Virginia Code 17A-1-1
• Motorboat trailer: means every vehicle designed for or ordinarily used for the transportation of a motorboat. See West Virginia Code 17A-6-1
• Motorboat trailer: means every vehicle designed for or ordinarily used for the transportation of a motorboat. See West Virginia Code 17A-1-1
• Motorcycle: means every motor vehicle, including motor-driven cycles and mopeds as defined in §. See West Virginia Code 17A-1-1
• Motorcycle dealer: means every person (other than agents and employees, if any, while acting within the scope of their authority or employment), engaged in, or held out to the public to be engaged in, the business in this state of selling new or used motorcycles. See West Virginia Code 17A-6-1
• Multimodal transportation: means the consideration or connection of various modes of transportation, including air, rail, ship, or roadway. See West Virginia Code 17-16F-3
• Municipal: means pertaining to a municipality. See West Virginia Code 17-16F-3
• Municipality: means any county, city, town, village, or other political subdivision of this state. See West Virginia Code 17-16F-3
• National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
• New motor vehicle dealer: means every person (other than agents and employees, if any, while acting within the scope of their authority or employment), engaged in, or held out to the public to be engaged in, the business in this state of selling five or more new motor vehicles or new and used motor vehicles in any fiscal year of a type required to be registered under the provisions of this chapter, except, for the purposes of this article only, motorcycles. See West Virginia Code 17A-6-1
• New motor vehicles: means all motor vehicles, except motorcycles and used motor vehicles, of a type required to be registered under the provisions of this chapter. See West Virginia Code 17A-6-1
• Nonresident: means every person who is not a resident of this state. See West Virginia Code 17A-1-1
• Note: means any note or other obligation issued pursuant to this article. See West Virginia Code 17-17A-2
• oath: shall be deemed to include an affirmation and the word "swear" or "sworn" to be complied with if the person referred to make solemn affirmation. See West Virginia Code 2-2-7
• Oath: A promise to tell the truth.
• Operation fund: means the special West Virginia Public Port Operation Fund as created by §. See West Virginia Code 17-16F-3
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means a person who holds the legal title to a vehicle, or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be considered the owner for the purpose of this chapter. See West Virginia Code 17A-1-1
• Owner: means all individuals, co-partnerships, associations or corporations having any title or interest in any property, rights, easements and interests authorized to be acquired by this article. See West Virginia Code 17-16A-5
• Owner: means any person in whose name a motor vehicle is registered under:

  (A) Article three, chapter seventeen-a of this code. See West Virginia Code 17-16D-2

• Parkway project: means any expressway, turnpike, bridge, tunnel, trunk line, feeder road, state local service road or park and forest road, or any portion or portions of any expressway, turnpike, trunk line, feeder road, state local service road or park and forest road, whether contiguous or noncontiguous to the West Virginia Turnpike or to any such portion or portions thereof, which the Parkways Authority or the Department of Transportation may acquire, construct, reconstruct, maintain, operate, improve, repair or finance under the provisions of this article, which shall include for all purposes of this article, any acquisition, construction, reconstruction, maintenance, operation, improvement, repair or financing that the authority may undertake by agreement with the Department of Transportation, or any expressway, turnpike or other road constructed by the West Virginia Turnpike Commission pursuant to the authority granted to it under the laws of this state prior to June 1, 1989, and shall embrace all bridges, tunnels, overpasses, underpasses, interchanges, entrance plazas, approaches, toll houses, service stations and administration, storage and other buildings, which the Parkways Authority or the Department of Transportation may deem necessary for the operation of a parkway project, or which is used in the operation of a parkway project, together with all property, rights, easements and interests which may be acquired by the Parkways Authority or the Department of Transportation for the construction or the operation of a parkway project or which were acquired in connection with or are used in the operation of the turnpike or any other existing parkway project. See West Virginia Code 17-16A-5
• Parkways Authority: means the West Virginia Parkways Authority established by article sixteen-a of this chapter. See West Virginia Code 17-16D-2
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Peer-to-peer car sharing: means the authorized use of a vehicle by an individual other than the vehicle's owner through a peer-to-peer car sharing program. See West Virginia Code 17A-6F-2
• Peer-to-peer car sharing program: means a business platform that connects vehicle owners with drivers to enable the sharing of vehicles for financial consideration. See West Virginia Code 17A-6F-2
• Person: means an individual, organization or entity, but does not include the state or an agency thereof. See West Virginia Code 17A-2A-3
• Person: means every natural person, association or corporation. See West Virginia Code 11-22-1
• Person: means every natural person, firm, copartnership, association, or corporation. See West Virginia Code 17A-1-1
• Person: means any individual, firm, corporation, partnership, company, foreign or domestic association, including railroads, joint stock association, or body politic and includes any trustee, receiver, assignee, or other similar representative. See West Virginia Code 17-16F-3
• Person: shall include an individual, partnership, association, or corporation. See West Virginia Code 17-22-2
• Personal information: means information that identifies a person, including his or her photograph or computerized image, social security number, driver identification number, name, address excluding the five-digit zip code, telephone number and medical or disability information. See West Virginia Code 17A-2A-3
• Pole trailer: means every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections. See West Virginia Code 17A-1-1
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Predecessor: means the former owner or owners or operator or operators of any new motor vehicle dealer business or used motor vehicle dealer business. See West Virginia Code 17A-6-1
• Predominantly commuter services: means that for any given trip segment (i. See West Virginia Code 17-16F-3
• President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
• Private entity: means any natural person, corporation, limited liability company, partnership, joint venture or other private business entity. See West Virginia Code 17-27-2
• Private entity: means any natural person, corporation, general partnership, limited liability company, limited partnership, joint venture, business trust, public benefit corporation, nonprofit entity or other business entity. See West Virginia Code 17-28-3
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
• Project costs: means capital costs, costs of financing, planning, designing, constructing, expanding, improving, maintaining or controlling a transportation facility, the cost of land, equipment, machinery, installation of utilities and other similar expenditures and all other charges or expenses necessary, appurtenant or incidental to the foregoing. See West Virginia Code 17-28-3
• project sponsor: means a governmental entity proposing a transportation project. See West Virginia Code 17-28-3
• projects: means a parkway project, economic development project or tourism project, or any combination thereof. See West Virginia Code 17-16A-5
• Public entity: means the State of West Virginia or any political subdivision thereof. See West Virginia Code 17-27-2
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public meeting: means a meeting designed to solicit input and provide information sufficient to allow the public to understand the scope and the costs of a particular project. See West Virginia Code 17-16A-5
• public port: means ports, airports, wayports, terminals, buildings, roadways, rights-of-way, rails, rail lines, facilities for rail, water, highway or air transportation, and such structures, equipment, facilities, or improvements as are necessary. See West Virginia Code 17-16F-3
• Public service district: means a public corporation or political subdivision of this state created pursuant to section two, article thirteen-a, chapter . See West Virginia Code 17-28-3
• Qualifying transportation facility: means one or more transportation facilities acquired, constructed or improved by a private entity pursuant to this article. See West Virginia Code 17-27-2
• Quorum: The number of legislators that must be present to do business.
• Rail properties: means assets or rights owned, leased, or otherwise controlled by a railroad or other person which are used, or useful, in rail transportation service: Provided, That rail properties do not include any properties owned, leased or otherwise controlled by a railroad not in reorganization, unless it consents to such properties' inclusion in the particular transaction. See West Virginia Code 17-16F-3
• Rail service: means both freight and passenger service. See West Virginia Code 17-16F-3
• Railroad: means a common carrier by railroad as defined in Section 10102 of the Interstate Transportation Act (49 U. See West Virginia Code 17-16F-3
• Railroad project: means the initiation, acquisition, construction, maintenance, repair, equipping, or operation of rail properties or rail service, or the provisions of loans or grants to or with government agencies, or to persons for such purposes, by the division. See West Virginia Code 17-16F-3
• Reconstructed vehicle: means every vehicle of a type required to be registered hereunder materially altered from its original construction by the removal, addition, or substitution of essential parts, new or used. See West Virginia Code 17A-1-1
• Record: includes any book, paper, photograph, photostat, card, film, tape, recording, electronic data, printout or other documentary material regardless of physical form or characteristic. See West Virginia Code 17A-2A-3
• Recreational vehicle: means a motorboat, motorboat trailer, all-terrain vehicle, travel trailer, fold-down camping trailer, motor home, snowmobile, or utility-terrain vehicle. See West Virginia Code 17A-6-1
• Recreational vehicle: means a motorboat, motorboat trailer, all-terrain vehicle, travel trailer, fold-down camping trailer, motor home, or snowmobile. See West Virginia Code 17A-1-1
• Recreational vehicle dealer: means every person (other than agents and employees, if any, while acting within the scope of their authority or employment), engaged in, or held out to the public to be engaged in, the business in this state of selling new or used recreational vehicles, or both. See West Virginia Code 17A-6-1
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Revenue: means all revenue, income, earnings, user fees, lease payments or other service payments arising out of or in connection with supporting the development or operation of a transportation facility, including, without limitation, money received as grants or otherwise from the United States of America, from any public entity or from any agency or instrumentality of the foregoing in aid of such transportation project, moneys generated by way of contract, pledge, donation, bequest or bonds and moneys generated by taxes which are authorized to be assessed and levied by the Legislature or another governmental entity. See West Virginia Code 17-28-3
• Road tractor: means every motor vehicle designed, used, or maintained for drawing other vehicles and not constructed to carry any load thereon either independently or any part of the weight of a vehicle or drawn load. See West Virginia Code 17A-1-1
• Sales instrument: means any document resulting from the sale of a vehicle, which shall include, but not be limited to, a bill of sale, invoice, conditional sales contract, chattel mortgage, chattel trust deed, security agreement or similar document. See West Virginia Code 17A-6-1
• School bus: means every motor vehicle owned by a public governmental agency and operated for the transportation of children to or from school or privately owned and operated for compensation for the transportation of children to or from school. See West Virginia Code 17A-1-1
• Secretary: means the Cabinet Secretary of the West Virginia Department of Transportation. See West Virginia Code 17-28-3
• Semitrailer: means every vehicle with or without motive power designed for carrying persons or property and for being drawn by a motor vehicle and constructed so that some part of its weight and that of its load rests upon or is carried by another vehicle. See West Virginia Code 17A-1-1
• Service contract: means a contract entered into between a public entity and a developer pursuant to section six of this article. See West Virginia Code 17-27-2
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Shared vehicle: means a vehicle that is available for sharing through a peer-to-peer car sharing program. See West Virginia Code 17A-6F-2
• Shared vehicle driver: means an individual who has been authorized to drive the shared vehicle by the shared vehicle owner under a car sharing program agreement. See West Virginia Code 17A-6F-2
• Shared vehicle owner: means the registered owner, or a person or entity designated by the registered owner, of a vehicle made available for sharing to shared vehicle drivers through a peer-to-peer car sharing program. See West Virginia Code 17A-6F-2
• sign: shall mean any structure erected for advertising purposes upon which any poster, bill, printing, writing, drawing, painting, or advertising material of any kind or character whatsoever, may be placed, posted, painted, tacked, nailed, glued or otherwise fastened, affixed or displayed. See West Virginia Code 17-22-2
• Snowmobile: means a self-propelled vehicle intended for travel primarily on snow and driven by a track or tracks in contact with the snow and steered by a ski or skis in contact with the snow. See West Virginia Code 17A-6-1
• Snowmobile: means a self-propelled vehicle intended for travel primarily on snow and driven by a track or tracks in contact with the snow and steered by a ski or skis in contact with the snow. See West Virginia Code 17A-1-1
• Special mobile equipment: means every self-propelled vehicle not designed or used primarily for the transportation of persons or property and incidentally operated or moved over the highways, including, without limitation, road construction or maintenance machinery, ditch-digging apparatus, stone crushers, air compressors, power shovels, graders, rollers, well drillers, wood-sawing equipment, asphalt spreaders, bituminous mixers, bucket loaders, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth-moving carryalls, scrapers, drag lines, rock-drilling equipment, and earth-moving equipment. See West Virginia Code 17A-1-1
• Standard validation test deck: means a group of ballots wherein all voting possibilities which can occur in an election are represented. See West Virginia Code 3-4A-2
• State: means the State of West Virginia. See West Virginia Code 17-27-2
• state road commission: when used in this chapter, shall refer to and mean the West Virginia commissioner of highways, created by section one, article two-a of this chapter. See West Virginia Code 17-1-2
• State Road Fund: means the State Road Fund created in article three, chapter . See West Virginia Code 17-16A-5
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• Summons: Another word for subpoena used by the criminal justice system.
• Surface transportation improvement: means any interstate or other highway, secondary road, bridge and toll road construction, reconstruction, improvement or repair, as to which all or a portion of the cost thereof is to be reimbursed to the state under federal legislation. See West Virginia Code 17-17A-2
• Tax year: means the calendar year following the July first assessment day or, in the case of a public service business assessed pursuant to article six of this chapter, the calendar year beginning on the January first assessment day. See West Virginia Code 11-5-3
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• toll facility: means any facility, including all related structures, equipment, systems and software, used in connection with collecting or charging tolls for a toll road, highway or bridge in this state, regardless of whether the facility is located on, over or adjacent to the toll road, highway or bridge and regardless of whether the facility has toll lanes with toll booths and toll collection equipment that require passing vehicles to stop or slow down in order to pay a toll or uses additional or different methods, structures, technology and equipment in order to charge or collect tolls from some vehicles passing under or by the facility at highway speeds: Provided, That any such facility shall have the ability to accept cash for the payment of tolls. See West Virginia Code 17-16D-2
• Toll revenues: means any amount received by the Parkways Authority from any source as a fee for the right of transit over the West Virginia Turnpike or any other parkway project and any fees paid by owners of registered motor vehicles in the state or any other state collected pursuant to section seventeen, article ten, chapter . See West Virginia Code 17-16A-5
• Toll road: means any road, highway or bridge in this state upon which there is a toll administered, collected and enforced by the Parkways Authority or on behalf of the Authority. See West Virginia Code 17-16D-2
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Tourism project: means :

  (1) Any park or tourist facility and attraction which the Parkways Authority may create, develop, construct, reconstruct, improve, maintain or repair or may have previously created, developed, constructed, reconstructed, improved, maintained or repaired under the provisions of this article, and shall include all roads, interchanges, entrance plazas, approaches, service stations, administration, storage and any other buildings or service stations, structures which the Parkways Authority may deem necessary for the operation of the tourism project, together with all property rights, easements and interests which may be acquired by the Parkways Authority for the construction or operation of the tourism project. See West Virginia Code 17-16A-5

• Trailer: means every vehicle with or without motive power designed for carrying persons or property and for being drawn by a motor vehicle and constructed so that no part of its weight rests upon the towing vehicle but excluding recreational vehicles. See West Virginia Code 17A-1-1
• Trailer dealer: means every person (other than agents and employees, if any, while acting within the scope of their authority or employment), engaged in, or held out to the public to be engaged in, the business in this state of selling new or used trailers. See West Virginia Code 17A-6-1
• trailers: has the meaning ascribed to it in subsection (a) of this section. See West Virginia Code 17A-6-1
• Transaction: means the delivering, accepting or presenting for recording of a document. See West Virginia Code 11-22-1
• Transportation facility: means any public inland waterway port facility, road, bridge, tunnel, overpass or existing airport used for the transportation of persons or goods, and the structures, equipment, facilities or improvements necessary or incident thereto. See West Virginia Code 17-27-2
• Transportation facility: means a public highway, road, bridge, tunnel, overpass, building, structure, airport, vehicle parking facility, riverport facility, rail facility, or intermodal facility used for the transportation of persons or goods. See West Virginia Code 17-28-3
• Transportation project: means any project to acquire, design, construct, expand, renovate, extend, enlarge, increase, equip, improve, maintain or operate a transportation facility in this state for which a governmental entity is permitted by law to expend public funds but does not include any project that would otherwise be under the authority of the Public Port Authority, the Aeronautics Commission or the Parkways, Economic Development and Tourism Authority. See West Virginia Code 17-28-3
• Transporter: means every person engaged in the business of transporting vehicles to or from a manufacturing, assembling, or distributing plant to dealers or sales agents of a manufacturer, or purchasers. See West Virginia Code 17A-6-1
• Transporter: means every person engaged in the business of delivering vehicles of a type required to be registered hereunder from a manufacturing, assembling, or distributing plant to dealers or sales agents of a manufacturer. See West Virginia Code 17A-1-1
• Travel trailer: means every vehicle, mounted on wheels, designed to provide temporary living quarters for recreational, camping or travel use of such size or weight as not to require special highway movement permits when towed by a motor vehicle and of gross trailer area less than 400 square feet. See West Virginia Code 17A-6-1
• Travel trailer: means every vehicle, mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use of such size or weight as not to require special highway movement permits when towed by a motor vehicle and of gross trailer area less than 400 square feet. See West Virginia Code 17A-1-1
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Truck: means every motor vehicle designed, used, or maintained primarily for the transportation of property. See West Virginia Code 17A-1-1
• Truck tractor: means every motor vehicle designed and used primarily for drawing other vehicles and not constructed to carry a load other than a part of the weight of the vehicle and drawn load. See West Virginia Code 17A-1-1
• Trunk line: means any road serving major city-to-city travel. See West Virginia Code 17-16A-5
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustee: A person or institution holding and administering property in trust.
• Turnpike: means the West Virginia Turnpike or any other toll road in the state. See West Virginia Code 17-16A-5
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• Used motor vehicle dealer: means every person (other than agents and employees, if any, while acting within the scope of their authority or employment), engaged in, or held out to the public to be engaged in, the business in this state of selling 10 or more used motor vehicles, and projecting to sell 10 or more used motor vehicles, in any fiscal year of a type required to be registered under the provisions of this chapter, except, for the purposes of this article only, motorcycles. See West Virginia Code 17A-6-1
• Used motor vehicles: means all motor vehicles, except motorcycles, of a type required to be registered under the provisions of this chapter which have been sold and operated, or which have been registered or titled, in this or any other state or jurisdiction. See West Virginia Code 17A-6-1
• Used parts dealer: means every person (other than agents and employees, if any, while acting within the scope of their authority or employment), engaged in, or held out to the public to be engaged in, the business in this state of selling any used appliance, accessory, member, portion, or other part of any vehicle. See West Virginia Code 17A-6-1
• User fee: means a rate, toll, or fee imposed by an operator for use of all or a part of a transportation facility authorized in section five of this article. See West Virginia Code 17-28-3
• User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
• Utility: means a privately, publicly or cooperatively owned line, facility or system for producing, transmitting or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage, or any other similar commodity, including fire or police signal system or street lighting system, which directly or indirectly serves the public. See West Virginia Code 17-28-3
• Utility terrain vehicle: means any motor vehicle with four or more low-pressure or nonhighway tires designed for off-highway use and is greater than 50 inches in width. See West Virginia Code 17A-1-1
• Value: means in the case of any document not a gift, the amount of the full actual consideration for the document, paid or to be paid, including the amount of any lien or liens assumed. See West Virginia Code 11-22-1
• Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
• Venue: The geographical location in which a case is tried.
• Video collection system: means a vehicle sensor, placed in a location to work in conjunction with a toll collection facility, that automatically produces a videotape or photograph, microphotograph or other recorded image of the front or rear portion, or both front and rear portion, of each vehicle at the time the vehicle is used or operated on the toll facility in order to charge or collect tolls or detect violations of this article. See West Virginia Code 17-16D-2
• Vote-recording device: means equipment that captures and records voter intent by marking a screen to record selections or by using electronically sensible ink to mark selections. See West Virginia Code 3-4A-2
• West Virginia Commuter Rail Access Fund: means the special West Virginia Commuter Rail Access Fund created by §. See West Virginia Code 17-16F-3
• West Virginia Railroad Maintenance Fund: means the West Virginia Railroad Maintenance Fund created by §. See West Virginia Code 17-16F-3
• West Virginia Turnpike: means the turnpike from Charleston to a point approximately one mile south of the intersection of Interstate 77 and U. See West Virginia Code 17-16A-5
• West Virginia Turnpike Commission: means the State Turnpike Commission existing as of June 1, 1989. See West Virginia Code 17-16A-5
• whoever: includes corporations, societies, associations and partnerships, and other similar legal business organizations. See West Virginia Code 2-2-10