H. B. 2043
(By Delegate Warner)
[Introduced February 12, 1997; referred to the
Committee on Roads and Transportation then Finance.]
A BILL to amend and reenact section one, article two, chapter
seventeen-b of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to requiring the
division of motor vehicles to conduct an outstanding warrant
check on an applicant for a driver's license and requiring
an applicant to provide proof of residency before acquiring
a driver's license.
Be it enacted by the Legislature of West Virginia:
That section one, article two, chapter seventeen-b of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 2. ISSUANCE OF LICENSE, EXPIRATION AND RENEWAL.
§17B-2-1. Drivers must be licensed; types of licenses; licensees need not obtain local government license; motorcycle
driver license; identification cards; outstanding warrant check on applicants; proof of residence.
(a) No person, except those hereinafter expressly exempted,
may drive any motor vehicle upon a street or highway in this
state or upon any subdivision street, as used in article
twenty-four, chapter eight of this code, when the use of such
subdivision street is generally used by the public unless the
person has a valid driver's license under the provisions of this
code for the type or class of vehicle being driven.
Any person licensed to operate a motor vehicle as provided
in this code may exercise the privilege thereby granted as
provided in this code and, except as otherwise provided by law,
shall not be required to obtain any other license to exercise
such privilege by any county, municipality or local board or body
having authority to adopt local police regulations.
(b) The division, upon issuing a driver's license, shall
indicate on the license the type or general class or classes of
vehicle or vehicles the licensee may operate in accordance with
the provisions of this code, federal law or rule.
(c) Driver's licenses issued by the division shall be
classified in the following manner:
(1) Class A, B or C license shall be issued to those persons
eighteen years of age or older with two years driving experience
and who have qualified for the commercial driver's license
established by chapter seventeen-e of this code and the federal commercial motor vehicle safety act of 1986, Title XII of public
law 99870 and subsequent rules, and have paid the required fee.
(2) Class D license shall be issued to those persons
eighteen years and older with one year driving experience who
operate motor vehicles other than those types of vehicles which
require the operator to be licensed under the provisions of
chapter seventeen-e of this code and federal law and rule and
whose primary function or employment is the transportation of
persons or property for compensation or wages and have paid the
required fee. For the purposes of the regulation of the
operation of a motor vehicle, wherever the term chauffeur's
license is used in this code, it shall be construed to mean the
Class A, B, C or D license described in this section or chapter
seventeen-e of this code or federal law or rule: Provided, That
anyone who is not required to be licensed under the provisions of
chapter seventeen-e of this code and federal law or rule and who
operates a motor vehicle which is registered or which is required
to be registered as a Class A motor vehicle as that term is
defined in section three, article ten, chapter seventeen-a of
this code with a gross vehicle weight rating of less than eight
thousand one pounds, is not required to obtain a Class D license.
(3) Class E license shall be issued to those persons who
have qualified under the provisions of this chapter and who are
not required to obtain a Class A, B, C or D license and who have paid the required fee. The Class E license may be endorsed under
the provisions of section seven-b, article two of this chapter
for motorcycle operation.
(4) Class F license shall be issued to those persons who
successfully complete the motorcycle examination procedure
provided for by this chapter and have paid the required fee, but
who do not possess a Class A, B, C and D or E driver's license.
(d) No person, except those hereinafter expressly exempted,
shall drive any motorcycle upon a street or highway in this state
or upon any subdivision street, as used in article twenty-four,
chapter eight of this code when the use of such the subdivision
street is generally used by the public unless the person has a
valid motorcycle license or a valid license which has been
endorsed under section seven-b of this article for motorcycle
operation or has a valid motorcycle instruction permit.
(e) (1) A nonoperator identification card may be issued to
any person who:
(A) Is a resident of this state in accordance with the
provisions of section one-a, article three, chapter seventeen-a
of this code;
(B) Does not have a valid driver's license;
(C) Has reached the age of sixteen years;
(D) Has paid the required fee of ten dollars: Provided,
That such fee is not required if the applicant is sixty-five years or older or is legally blind; and
(E) Presents a birth certificate or other proof of age and
identity acceptable to the division with a completed application
on a form furnished by the division.
(2) The nondriver identification card shall contain the same
information as a driver's license, except that such
identification card shall be clearly marked as identification
card. The identification card shall expire every four years. It
may be renewed on application and payment of the fee required by
this section.
(A) After the thirtieth day of June, one thousand nine
hundred ninety-six, every identification card issued to persons
who have attained their twenty-first birthday shall expire on the
last day of the month in which the applicant's birthday occurs in
those years in which the applicant's age is evenly divisible by
five. Except as provided in paragraph (B) of this subdivision,
no identification card may be issued for less than three years
nor more than seven years and such identification card shall be
renewed in the month in which the applicant's birthday occurs and
shall be valid for a period of five years expiring in the month
in which the applicant's birthday occurs and in a year in which
the applicant's age is evenly divisible by five.
(B) Every identification card issued to persons who have not
attained their twenty-first birthday shall expire on the last day of the month in the year in which the applicant attains the age
of twenty-one years.
(3) The identification card shall be surrendered to the
division when the holder is issued a driver's license. The
division may issue an identification card to an applicant whose
privilege to operate a motor vehicle has been refused, canceled,
suspended or revoked under the provisions of this code.
(f) The division, before issuing a driver's license, shall
conduct an outstanding warrant check on the person applying for
a license. Should the outstanding warrant check reveal
outstanding warrants against the applicant, the division shall
notify the nearest detachment of the West Virginia state police.
(g) An applicant mayshall not receive a driver's license unless
the division is provided proof that the applicant is a resident
of West Virginia.
NOTE: The purpose of this bill is to require DMV to conduct
an outstanding warrant check on an applicant for a driver's
license and to require an applicant to provide proof of residency
before acquiring a driver's license.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.