WEST virginia legislature
2020 regular session
Introduced
House Bill 4464
By Delegates Butler and Porterfield
(By Request of the Division of Motor Vehicles)
[Introduced January 22, 2020; Referred to the Committee on Technology and Infrastructure then Government Organization]
A BILL to amend and reenact §17B-2-3a of the Code of West Virginia, 1931, as amended, relating to driving privileges and requirements for persons under the age of 18; prohibiting the holder of a level three, full class E license from using a wireless communication device while operating a motor vehicle and specifying exception; and making a violation of level three license terms and conditions subject to criminal penalty provision.
Be it enacted by the Legislature of West Virginia:
ARTICLE 2. ISSUANCE OF LICENSE, EXPIRATION, AND RENEWAL.
§17B-2-3a. Graduated driver’s license.
(a) Any A
person under the age of 18 may not operate a motor vehicle unless he or
she has obtained a graduated driver’s license in accordance with the
three-level graduated driver’s license system described in the following
provisions.
(b) Any person under the
age of 21, regardless of class or level of licensure, who operates a motor
vehicle with any measurable alcohol in his or her system is subject to the
provisions of §17C-5-2 and §17C-5A-2 of this code. Any person under the age
of 18, regardless of class or licensure level, is subject to the mandatory
school attendance and satisfactory academic progress provisions of §18-8-11 of
this code.
(c) Level one instruction permit. — An applicant who is 15 years or older meeting all other requirements prescribed in this code may be issued a level one instruction permit.
(1) Eligibility. —
The division shall may not issue a level one instruction permit
unless the applicant:
(A) Presents a completed
application, as prescribed by the provisions of §17B-2-6 of this code, and
which is accompanied by a writing, duly acknowledged, consenting to the
issuance of the graduated driver’s license, and executed by a parent or
guardian entitled to custody of the applicant;
(B) Presents a certified copy of a birth certificate issued by a state or other governmental entity responsible for vital records unexpired, or a valid passport issued by the United States government evidencing that the applicant meets the minimum age requirement and is of verifiable identity;
(C) Passes the vision and written knowledge examination and completes the driving under the influence awareness program, as prescribed in §17B-2-7 of this code;
(D) Presents a driver’s
eligibility certificate or otherwise shows compliance with the provisions of
§18-8-11 of this code; and
(E) Pays a fee of $7.50, which shall permit permits
the applicant one attempt at the written knowledge test. The Division of Motor
Vehicles may adjust this fee every five years on September 1, based on the U.
S. Department of Labor, Bureau of Labor Statistics most current Consumer Price
Index: Provided, That an increase in such the fee may not
exceed 10 percent of the total fee amount in a single year.
(2) Terms and conditions
of instruction permit. — A level one instruction permit issued under the
provisions of this section is valid until 30 days after the date the
applicant attains the age of 18 and is not renewable. However, any permit
holder who allows his or her permit to expire prior to successfully passing the
road skills portion of the driver examination, and who has not committed any
offense which requires the suspension, revocation, or cancellation of the
instruction permit, may reapply for a new instruction permit under the
provisions of §17B-2-6 of this code. The division shall immediately revoke
the permit upon receipt of a second conviction for a moving violation of
traffic regulations and laws of the road or violation of the terms and
conditions of a level one instruction permit, which convictions have become
final unless a greater penalty is required by this section or any other
provision of this code. Any person whose instruction permit has been revoked is
disqualified from retesting for a period of 90 days. However, after the
expiration of 90 days, the person may retest if otherwise eligible. A holder
of a level one instruction permit who is under the age of 18 years may not use
a wireless communication device while operating a motor vehicle, unless the use
of the wireless communication device is for contacting a 9-1-1 system. In
addition to all other provisions of this code for which a driver’s license may
be restricted, suspended, revoked, or canceled, the holder of a level one
instruction permit may only operate a motor vehicle under the following
conditions:
(A) Under The
permit holder is under the direct supervision of a licensed driver, 21
years of age or older, or a driver’s education or driving school instructor who
is acting in an official capacity as an instructor, who is fully alert and
unimpaired, and the only other occupant of the front seat. The vehicle may be
operated with no more than two additional passengers, unless the passengers are
family members;
(B) Between The
permit holder is operating the vehicle between the hours of 5:00 a.m. and
10:00 p.m.;
(C) All occupants must
use safety belts in accordance with the provisions of §17C-15-49 of this
code;
(D) Without The
permit holder is operating the vehicle without any measurable blood alcohol
content, in accordance with the provisions of §17C-5-2(h) of this code;
and
(E) Maintains The
permit holder maintains current school enrollment and is making
satisfactory academic progress or otherwise shows compliance with the
provisions of §18-8-11 of this code.
(F) A holder of a level
one instruction permit who is under the age of 18 years shall be prohibited
from using a wireless communication device while operating a motor vehicle,
unless the use of the wireless communication device is for contacting a 9-1-1
system. A person violating the
provisions of this paragraph is guilty of a misdemeanor and, upon conviction
thereof, shall for the first offense be fined $25; for a second offense be
fined $50; and for a third or subsequent offense be fined $75
(d) Level two
intermediate driver’s license. — An applicant 16 years of age or older,
meeting all other requirements of the this code, may be issued a
level two intermediate driver’s license.
(1) Eligibility. —
The division shall may not issue a level two intermediate
driver’s license unless the applicant:
(A) Presents a completed application as prescribed in §17B-2-6 of this code;
(B) Has held the level one instruction permit conviction-free for the 180 days immediately preceding the date of application for a level two intermediate license;
(C) Has completed either a
driver’s education course approved by the State Department of Education or 50
hours of behind-the-wheel driving experience, including a minimum of 10 hours
of night time driving, certified by a parent or legal guardian or other
responsible adult over the age of 21 as indicated on the form prescribed by the
division: Provided, That nothing in this paragraph shall may
be construed to require any school or any county board of education to provide
any particular number of driver’s education courses or to provide driver’s
education training to any student;
(D) Presents a driver’s
eligibility certificate or otherwise shows compliance with the provisions of
§18-8-11 of this code;
(E) Passes the road skills examination as prescribed by §17B-2-7 of this code; and
(F) Pays a fee of $7.50 for
one attempt. The Division of Motor Vehicles may adjust this fee every five
years on September 1, based on the U. S. Department of Labor, Bureau of Labor
Statistics most current Consumer Price Index: Provided, That an increase
in such the fee may not exceed 10 percent of the total fee amount
in a single year.
(2) Terms and
conditions of a level two intermediate driver’s license. — A level two
intermediate driver’s license issued under the provisions of this section shall
expire expires 30 days after the applicant attains the age of 18, or
until the licensee qualifies for a level three full Class E license, whichever
comes first. A holder of a level two intermediate driver’s license who is
under the age of 18 years shall not use a wireless communication device while
operating a motor vehicle, unless the use of the wireless communication device
is for contacting a 9-1-1 system. In addition to all other provisions of
this code for which a driver’s license may be restricted, suspended, revoked,
or canceled, the holder of a level two intermediate driver’s license may only
operate a motor vehicle under the following conditions:
(A) Unsupervised The
licensee operates a vehicle unsupervised between the hours of 5:00 a.m. and
10:00 p.m.;
(B) Only The
licensee operates a vehicle only under the direct supervision of a licensed
driver, age 21 years or older, between the hours of 10:00 p.m. and 5:00 a.m.
except when the licensee is going to or returning from:
(i) Lawful employment;
(ii) A school-sanctioned activity;
(iii) A religious event; or
(iv) An emergency situation that requires the licensee to operate a motor vehicle to prevent bodily injury or death of another;
(C) All occupants shall
of the vehicle use safety belts in accordance with the provisions of
§17C-15-49 of this code;
(D) For the first six months after issuance of a level two intermediate driver’s license, the licensee may not operate a motor vehicle carrying any passengers less than 20 years old, unless these passengers are family members of the licensee; for the second six months after issuance of a level two intermediate driver’s license, the licensee may not operate a motor vehicle carrying more than one passenger less than 20 years old, unless these passengers are family members of the licensee;
(E) Without The
licensee operates a vehicle without any measurable blood alcohol content in
accordance with the provisions of §17C-5-2(h) of this code;
(F) Maintains The
licensee maintains current school enrollment and is making satisfactory
academic progress or otherwise shows compliance with the provisions of
§18-8-11 of this code;
(G) A holder of a level
two intermediate driver’s license who is under the age of 18 years shall be
prohibited from using a wireless communication device while operating a motor
vehicle, unless the use of the wireless communication device is for contacting
a 9-1-1 system; A person violating
the provisions of this paragraph is guilty of a misdemeanor and, upon
conviction thereof, shall for the first offense be fined $25; for a second
offense be fined $50; and for a third or subsequent offense be fined $75
(H) (G) Upon the first conviction for a moving
traffic violation or a violation of paragraph (A), (B), (C), (D) or (G),
subdivision (1), subsection (d) of this section §17B-2-3a,(c)(2)
§17B-2-3a,(d)(1)(A), §17B-2-3a,(d)(1)(B), §17B-2-3a(d)(1)(C) or
§17B-2-3a(d)(1)(D) of this code of the terms and conditions of a level two
intermediate driver’s license, the licensee shall enroll in an approved driver
improvement program unless a greater penalty is required by this section or by
any other provision of this code; and
At the discretion of the
commissioner, completion of an approved driver improvement program may be used
to negate the effect of a minor traffic violation as defined by the
commissioner against the one year conviction-free driving criteria for early
eligibility for a level three driver’s license and may also negate the effect
of one minor traffic violation for purposes of avoiding a second conviction
under §17B-2-3a(d)(1)(I) §17B-2-3a(d)(2)(H) of this code; and
(I) (H) Upon the second conviction for a moving
traffic violation or a violation of the terms and conditions of the level two
intermediate driver’s license, the Division of Motor Vehicles shall revoke
or suspend the licensee’s privilege to operate a motor vehicle shall be
revoked or suspended for the applicable statutory period or until the
licensee’s 18th birthday, whichever is longer, unless a greater penalty is
required by this section or any other provision of this code. Any person whose
driver’s license has been revoked as a level two intermediate driver, upon
reaching the age of 18 years and if otherwise eligible, may reapply for an
instruction permit, then a driver’s license in accordance with the
provisions of §17B-2-5, §17B-2-6 and §17B-2-7 of this code.
(e) Level three, full Class E license. — The level three license is valid until 30 days after the date the licensee attains his or her 21st birthday. A holder of a level three driver’s license who is under the age of 18 years shall not use a wireless communication device for the purpose of communicating with another while operating a motor vehicle, unless the use of the wireless communication device is for contacting a 9-1-1 system. Unless otherwise provided in this section or any other section of this code, the holder of a level three full Class E license is subject to the same terms and conditions as the holder of a regular Class E driver’s license.
A level two intermediate licensee whose privilege to operate a motor vehicle has not been suspended, revoked, or otherwise canceled and who meets all other requirements of the code may be issued a level three full Class E license without further examination or road skills testing if the licensee:
(1) Has reached the age of 17 years; and
(A) Presents a completed application
as prescribed by the provisions of §17B-2-6 of this code;
(B) Has held the level two intermediate license conviction free for the 12-month period immediately preceding the date of the application;
(D) Pays a fee of $2.50 for each year the license is valid. An additional fee of 50 cents shall be collected to be deposited in the Combined Voter Registration and Driver’s Licensing Fund established in §3-2-12 of this code;
(E) Presents a driver’s
eligibility certificate or otherwise shows compliance with the provisions of
§18-8-11 of this code; or
(2) Reaches the age of 18 years; and
(A) Presents a completed
application as prescribed by the provisions of §17B-2-6 of this code;
and
(B) Pays a fee of $5 for each year the license is valid.
The Division of Motor Vehicles may adjust this fee every five years on
September 1, based on the U. S. Department of Labor, Bureau of Labor Statistics
most current Consumer Price Index: Provided, That an increase in such
the fee may not exceed 10 percent of the total fee amount in a single
year. An additional fee of 50 cents shall
be collected to be deposited in the Combined Voter Registration and Driver’s
Licensing Fund established in §3-2-12 of this code.
(f) A person violating the
provisions of the terms and conditions of a level one instruction permit,
or level two intermediate driver’s license, or level three license
is guilty of a misdemeanor and, upon conviction thereof, shall for the first
offense be fined $25; for a second offense be fined $50; and for a third or
subsequent offense be fined $75.
NOTE: The purpose of this bill is to prohibit the holder of a level three, full class E license from using a wireless communication device while operating a motor vehicle.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.