ENROLLED
SENATE BILL NO. 608
(By Senators Beach, Klempa, Plymale, Tucker and Williams)
[Passed March 12, 2011; in effect ninety days from passage.]
AN ACT to amend and reenact §17A-2-13 of the Code of West Virginia,
1931, as amended; to amend and reenact §17-3-1 of said code;
to amend a reenact §17A-3-4 of said code; to amend and reenact
§17A-4-1 and §17A-4-10 of said code; to amend and reenact
§17A-4A-10 of said code; to amend and reenact §17A-10-3, §17A-
10-10 and §17A-10-11 of said code; to amend and reenact §17B-
2-1, §17B-2-3a, §17B-2-5, §17B-2-6, §17B-2-8 and §17B-2-11 of
said code; to amend and reenact §17D-2-2 of said code; and to
amend said code by adding thereto a new section, designated
§17A-6D-16, all relating regulation of motor vehicles;
increasing the fee for vehicle records and the certified
record fee; increasing the registration fee for Class A motor
vehicles; increasing the fee for the issuance and duplication
of various documents by the division including titles,
registrations, plates and decals; increasing the fee for
recording liens and releases; increasing the vehicle transfer
fees; increasing the fee for issuance, duplication and renewal of a driver's license, identification card and motorcycle
license; requiring the payment of the fee for each attempt at
the written and road skills test; increasing the fee for
driving records;
providing that licenses issued by the
division may contain information designating the licensee as
a person who is an honorably discharged veteran of any branch
of the armed forces of the United States;
providing that the
vehicle license cost recovery fee charged by daily passenger
rental car companies may be applied to costs incurred the
following year; dedicating division of motor vehicles fee
increases to maintenance and construction of secondary roads
and bridges; providing an additional means to notify the
division regarding vehicles scrapped, compressed, dismantled
or destroyed and prescribing form; and providing for the use
of additional vehicle brands used by other jurisdictions that
are consistent with the National Motor Vehicle Title
Information System.
Be it enacted by the Legislature of West Virginia:
That §17-3-1 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that §17A-2-13 of said code be amended
and reenacted; that §17A-3-4 of said code be amended and reenacted;
that §17A-4-1 and §17A-4-10 of said code be amended and reenacted;
that §17A-4A-10 of said code be amended and reenacted; that §17A-
10-3, §17A-10-10 and §17A-10-11 of said code be amended and
reenacted; that §17B-2-1, §17B-2-3a, §17B-2-5, §17B-2-6, §17B-2-8
and §17B-2-11 of said code be amended and reenacted; that §17D-2-2 of said code be amended and reenacted, and that said code by
amended by adding thereto a new section, designated §17A-6D-16,
all to read as follows:
§17-3-1. What constitutes fund; payments into fund; use of money
in fund.
There shall be a state road fund, which shall consist of the
proceeds of all state license taxes imposed upon automobiles or
other motor or steam driven vehicles; the registration fees imposed
upon all owners, chauffeurs, operators and dealers in automobiles
or other motor driven vehicles; all sums of money which may be
donated to such fund; all proceeds derived from the sale of state
bonds issued pursuant to any resolution or act of the Legislature
carrying into effect the "Better Roads Amendment" to the
Constitution of this state, adopted in November, 1964, except that
the proceeds from the sale of these bonds shall be kept in a
separate and distinct account in the state road fund; all proceeds
from the sale of state bonds issued pursuant to any resolution or
act of the Legislature carrying into effect the "Safe Roads
Amendment of 1996" to the Constitution of this state, adopted in
the November, 1996, except that the proceeds from the sale of these
bonds shall be kept in a separate and distinct account in the state
road fund; all moneys and funds appropriated to it by the
Legislature; and all moneys allotted or appropriated by the federal
government to this state for road construction and maintenance
pursuant to any act of the Congress of the United States; the proceeds of all taxes imposed upon and collected from any person,
firm or corporation and of all taxes or charges imposed upon and
collected from any county, district or municipality for the benefit
of the fund; the proceeds of all judgments, decrees or awards
recovered and collected from any person, firm or corporation for
damages done to, or sustained by, any of the state roads or parts
thereof; all moneys recovered or received by reason of the
violation of any contract respecting the building, construction or
maintenance of any state road; all penalties and forfeitures
imposed, recovered or received by reason thereof; and any and all
other moneys and funds appropriated to, imposed and collected for
the benefit of such fund, or collected by virtue of any statute and
payable to such fund: Provided, That notwithstanding any provisions
of this code to the contrary, 50¢ of every license fee paid
pursuant to the provisions of subdivision (2), subsection (a),
section eight, article two, chapter seventeen-b of this code shall
be paid to the special fund established pursuant to the provisions
of subsection (a), section twelve, article two, chapter three of
this code.
When any money is collected from any of the sources aforesaid,
it shall be paid into the State Treasury by the officer whose duty
it is to collect and account for the same, and credited to the
state road fund, and shall be used only for the purposes named in
this chapter, which are: (a) To pay the principal and interest due
on all state bonds issued for the benefit of said fund, and set
aside and appropriated for that purpose; (b) to pay the expenses of the administration of the road department; and (c) to pay the cost
of maintenance, construction, reconstruction and improvement of all
state roads : Provided, that, notwithstanding any provision of this
code to the contrary, all revenue generated from the increased fees
authorized in chapters seventeen-a, seventeen-b and seventeen-d
during the
2011 Regular Session of the Legislature shall be
expended for construction and maintenance of roads and bridges on
secondary roads: Provided, however, that the revenue generated by
said fee increases shall not be utilized to supplant or otherwise
replace any other funds for secondary roads.
CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION,
CERTIFICATE OF TITLE, AND ANTITHEFT PROVISIONS.
ARTICLE 2. DIVISION OF MOTOR VEHICLES.
§17A-2-13. Authority to administer oaths and certify copies of
records; information as to registration.
(a) Officers and employees of the division designated by the
commissioner are, for the purpose of administering the motor
vehicle laws, authorized to administer oaths and acknowledge
signatures, and shall do so without fee.
(b) The commissioner and such officers of the division as he
or she may designate are hereby authorized to prepare under the
seal of the division and deliver upon request in conformance with
article two-a of this chapter a certified copy of any record of the
division, charging an additional fee of $3 for each document so
authenticated, and every such certified copy is admissible in any proceeding in any court in like manner as the original thereof.
(c) Subject to the provisions of article two-a of this
chapter, the commissioner and such officers of the division as he
or she may designate may furnish the requested information to any
person making a written request for information regarding the
registration of any vehicle at a fee of $7 for each registration
about which information is furnished.
ARTICLE 3. ORIGINAL AND RENEWAL OF REGISTRATION; ISSUANCE OF
CERTIFICATES OF TITLE
.
§17A-3-4. Application for certificate of title; fees; abolishing
privilege tax; prohibition of issuance of certificate of title
without compliance with consumer sales and service tax
provisions; exceptions
.
(a) Certificates of registration of any vehicle or
registration plates for the vehicle, whether original issues or
duplicates, may not be issued or furnished by the Division of Motor
Vehicles or any other officer or agent charged with the duty,
unless the applicant already has received, or at the same time
makes application for and is granted, an official certificate of
title of the vehicle in either an electronic or paper format. The
application shall be upon a blank form to be furnished by the
Division of Motor Vehicles and shall contain a full description of
the vehicle, which description shall contain a manufacturer's
serial or identification number or other number as determined by
the commissioner and any distinguishing marks, together with a statement of the applicant's title and of any liens or encumbrances
upon the vehicle, the names and addresses of the holders of the
liens and any other information as the Division of Motor Vehicles
may require. The application shall be signed and sworn to by the
applicant. A duly certified copy of the division's electronic
record of a certificate of title is admissible in any civil,
criminal or administrative proceeding in this state as evidence of
ownership.
(b) A tax is imposed upon the privilege of effecting the
certification of title of each vehicle in the amount equal to five
percent of the value of the motor vehicle at the time of the
certification, to be assessed as follows:
(1) If the vehicle is new, the actual purchase price or
consideration to the purchaser of the vehicle is the value of the
vehicle. If the vehicle is a used or secondhand vehicle, the
present market value at time of transfer or purchase is the value
of the vehicle for the purposes of this section: Provided, That so
much of the purchase price or consideration as is represented by
the exchange of other vehicles on which the tax imposed by this
section has been paid by the purchaser shall be deducted from the
total actual price or consideration paid for the vehicle, whether
the vehicle be new or secondhand. If the vehicle is acquired
through gift or by any manner whatsoever, unless specifically
exempted in this section, the present market value of the vehicle
at the time of the gift or transfer is the value of the vehicle for
the purposes of this section.
(2) No certificate of title for any vehicle may be issued to
any applicant unless the applicant has paid to the Division of
Motor Vehicles the tax imposed by this section which is five
percent of the true and actual value of the vehicle whether the
vehicle is acquired through purchase, by gift or by any other
manner whatsoever, except gifts between husband and wife or between
parents and children: Provided, That the husband or wife, or the
parents or children, previously have paid the tax on the vehicles
transferred to the State of West Virginia.
(3) The Division of Motor Vehicles may issue a certificate of
registration and title to an applicant if the applicant provides
sufficient proof to the Division of Motor Vehicles that the
applicant has paid the taxes and fees required by this section to
a motor vehicle dealership that has gone out of business or has
filed bankruptcy proceedings in the United States bankruptcy court
and the taxes and fees so required to be paid by the applicant have
not been sent to the division by the motor vehicle dealership or
have been impounded due to the bankruptcy proceedings: Provided,
That the applicant makes an affidavit of the same and assigns all
rights to claims for money the applicant may have against the motor
vehicle dealership to the Division of Motor Vehicles.
(4) The Division of Motor Vehicles shall issue a certificate
of registration and title to an applicant without payment of the
tax imposed by this section if the applicant is a corporation,
partnership or limited liability company transferring the vehicle
to another corporation, partnership or limited liability company when the entities involved in the transfer are members of the same
controlled group and the transferring entity has previously paid
the tax on the vehicle transferred. For the purposes of this
section, control means ownership, directly or indirectly, of stock
or equity interests possessing fifty percent or more of the total
combined voting power of all classes of the stock of a corporation
or equity interests of a partnership or limited liability company
entitled to vote or ownership, directly or indirectly, of stock or
equity interests possessing fifty percent or more of the value of
the corporation, partnership or limited liability company.
(5) The tax imposed by this section does not apply to vehicles
to be registered as Class H vehicles or Class M vehicles, as
defined in section one, article ten of this chapter, which are used
or to be used in interstate commerce. Nor does the tax imposed by
this section apply to the titling of Class B vehicles registered at
a gross weight of fifty-five thousand pounds or more, or to the
titling of Class C semitrailers, full trailers, pole trailers and
converter gear: Provided, That if an owner of a vehicle has
previously titled the vehicle at a declared gross weight of
fifty-five thousand pounds or more and the title was issued without
the payment of the tax imposed by this section, then before the
owner may obtain registration for the vehicle at a gross weight
less than fifty-five thousand pounds, the owner shall surrender to
the commissioner the exempted registration, the exempted
certificate of title and pay the tax imposed by this section based
upon the current market value of the vehicle: Provided, however, That notwithstanding the provisions of section nine, article
fifteen, chapter eleven of this code, the exemption from tax under
this section for Class B vehicles in excess of fifty-five thousand
pounds and Class C semitrailers, full trailers, pole trailers and
converter gear does not subject the sale or purchase of the
vehicles to the consumers sales and service tax.
(6) The tax imposed by this section does not apply to titling
of vehicles leased by residents of West Virginia. A tax is imposed
upon the monthly payments for the lease of any motor vehicle leased
by a resident of West Virginia, which tax is equal to five percent
of the amount of the monthly payment, applied to each payment, and
continuing for the entire term of the initial lease period. The
tax shall be remitted to the Division of Motor Vehicles on a
monthly basis by the lessor of the vehicle.
(7) The tax imposed by this section does not apply to titling
of vehicles by a registered dealer of this state for resale only,
nor does the tax imposed by this section apply to titling of
vehicles by this state or any political subdivision thereof, or by
any volunteer fire department or duly chartered rescue or ambulance
squad organized and incorporated under the laws of this state as a
nonprofit corporation for protection of life or property. The
total amount of revenue collected by reason of this tax shall be
paid into the State Road Fund and expended by the Commissioner of
Highways for matching federal funds allocated for West Virginia.
In addition to the tax, there is a charge of $21 for each original
certificate of title or duplicate certificate of title so issued: Provided, That this state or any political subdivision of this
state or any volunteer fire department or duly chartered rescue
squad is exempt from payment of the charge.
(8) The certificate is good for the life of the vehicle, so
long as the vehicle is owned or held by the original holder of the
certificate and need not be renewed annually, or any other time,
except as provided in this section.
(9) If, by will or direct inheritance, a person becomes the
owner of a motor vehicle and the tax imposed by this section
previously has been paid to the Division of Motor Vehicles on that
vehicle, he or she is not required to pay the tax.
(10) A person who has paid the tax imposed by this section is
not required to pay the tax a second time for the same motor
vehicle, but is required to pay a charge of $21 for the certificate
of retitle of that motor vehicle, except that the tax shall be paid
by the person when the title to the vehicle has been transferred
either in this or another state from the person to another person
and transferred back to the person.
(11) The tax imposed by this section does not apply to any
passenger vehicle offered for rent in the normal course of business
by a daily passenger rental car business as licensed under the
provisions of article six-d of this chapter. For purposes of this
section, a daily passenger car means a Class A motor vehicle having
a gross weight of eight thousand pounds or less and is registered
in this state or any other state. In lieu of the tax imposed by
this section, there is hereby imposed a tax of not less than $1 nor more than $1.50 for each day or part of the rental period. The
commissioner shall propose an emergency rule in accordance with the
provisions of article three, chapter twenty-nine-a of this code to
establish this tax.
(12) The tax imposed by this article does not apply to the
titling of any vehicle purchased by a senior citizen service
organization which is exempt from the payment of income taxes under
the United States Internal Revenue Code, § Title 26 U.S.C. §
501(c)(3) and which is recognized to be a bona fide senior citizen
service organization by the senior services bureau existing under
the provisions of article five, chapter sixteen of this code.
(13) The tax imposed by this section does not apply to the
titling of any vehicle operated by an urban mass transit authority
as defined in article twenty-seven, chapter eight of this code or
a nonprofit entity exempt from federal and state income tax under
the Internal Revenue Code and whose purpose is to provide mass
transportation to the public at large designed for the
transportation of persons and being operated for the transportation
of persons in the public interest.
(14) The tax imposed by this section does not apply to the
transfer of a title to a vehicle owned and titled in the name of a
resident of this state if the applicant:
(A) Was not a resident of this state at the time the applicant
purchased or otherwise acquired ownership of the vehicle;
(B) Presents evidence as the commissioner may require of
having titled the vehicle in the applicant's previous state of residence;
(C) Has relocated to this state and can present such evidence
as the commissioner may require to show bona-fide residency in this
state, and
(D) Makes application to the division for a title and
registration, and pays all other fees required by this chapter
within thirty days of establishing residency in this state as
prescribed in subsection (a), section one-a of this article:
Provided, That a period of amnesty of three months be established
by the commissioner during the calendar year two thousand seven,
during which time any resident of this state, having titled his or
her vehicle in a previous state of residence, may pay without
penalty any fees required by this chapter and transfer the title of
his or her vehicle in accordance with the provisions of this
section.
(c) Notwithstanding any provisions of this code to the
contrary, the owners of trailers, semitrailers, recreational
vehicles and other vehicles not subject to the certificate of title
tax prior to the enactment of this chapter are subject to the
privilege tax imposed by this section: Provided, That the
certification of title of any recreational vehicle owned by the
applicant on the thirtieth day of June, one thousand nine hundred
eighty-nine, is not subject to the tax imposed by this section:
Provided, however, That mobile homes, manufactured homes, modular
homes and similar nonmotive propelled vehicles, except recreational
vehicles and house trailers, susceptible of being moved upon the highways but primarily designed for habitation and occupancy,
rather than for transporting persons or property, or any vehicle
operated on a nonprofit basis and used exclusively for the
transportation of mentally retarded or physically handicapped
children when the application for certificate of registration for
the vehicle is accompanied by an affidavit stating that the vehicle
will be operated on a nonprofit basis and used exclusively for the
transportation of mentally retarded and physically handicapped
children, are not subject to the tax imposed by this section, but
are taxable under the provisions of articles fifteen and fifteen-a,
chapter eleven of this code.
(d) Beginning on the first of July, two thousand and eight,
the tax imposed under this subsection (b) of this section is
abolished and after that date no certificate of title for any motor
vehicle may be issued to any applicant unless the applicant
provides sufficient proof to the Division of Motor Vehicles that
the applicant has paid the fees required by this article and the
tax imposed under section three-b, article fifteen, chapter eleven
of this code.
(e) Any person making any affidavit required under any
provision of this section who knowingly swears falsely, or any
person who counsels, advises, aids or abets another in the
commission of false swearing, or any person, while acting as an
agent of the Division of Motor Vehicles, issues a vehicle
registration without first collecting the fees and taxes or fails
to perform any other duty required by this chapter or chapter eleven of this code to be performed before a vehicle registration
is issued is, on the first offense, guilty of a misdemeanor and,
upon conviction thereof, shall be fined not more than $500 or be
confined in jail for a period not to exceed six months or, in the
discretion of the court, both fined and confined. For a second or
any subsequent conviction within five years, that person is guilty
of a felony and, upon conviction thereof, shall be fined not more
than $5,000 or be imprisoned in a state correctional facility for
not less than one year nor more than five years or, in the
discretion of the court, both fined and imprisoned.
(f) Notwithstanding any other provisions of this section, any
person in the military stationed outside West Virginia or his or
her dependents who possess a motor vehicle with valid registration
are exempt from the provisions of this article for a period of nine
months from the date the person returns to this state or the date
his or her dependent returns to this state, whichever is later.
(g) No person may transfer, purchase or sell a factory-built
home without a certificate of title issued by the commissioner in
accordance with the provisions of this article:
(1) Any person who fails to provide a certificate of title
upon the transfer, purchase or sale of a factory-built home is
guilty of a misdemeanor and, upon conviction thereof, shall for the
first offense be fined not less than $100 nor more than $1,000, or
be confined in jail for not more than one year, or both fined and
confined. For each subsequent offense, the fine may be increased
to not more than $2,000, with confinement in jail not more than one year, or both fined and confined.
(2) Failure of the seller to transfer a certificate of title
upon sale or transfer of the factory-built home gives rise to a
cause of action, upon prosecution thereof, and allows for the
recovery of damages, costs and reasonable attorney fees.
(3) This subsection does not apply to a mobile or manufactured
home for which a certificate of title has been canceled pursuant to
section twelve-b of this article.
(h) Notwithstanding any other provision to the contrary,
whenever reference is made to the application for or issuance of
any title or the recordation or release of any lien, it includes
the application, transmission, recordation, transfer of ownership
and storage of information in an electronic format.
(i) Notwithstanding any other provision contained in this
section, nothing herein shall be considered to include modular
homes as defined in subsection (i), section two, article fifteen,
chapter thirty-seven of this code and built to the State Building
Code as established by legislative rules promulgated by the State
Fire Commission pursuant to section five-b, article three, chapter
twenty-nine of this code.
ARTICLE 4. TRANSFERS OF TITLE OR INTEREST.
§17A-4-1. Registration expires on transfer by owner; transfer,
surrender or retention of plates.
Whenever the owner of a registered vehicle transfers or
assigns his title, or interest thereto, the registration of such vehicle shall expire: Provided, That such owner, if he has made
application to the department within sixty days from the date of
purchase to have said registration plates transferred to be used on
another vehicle owned by said owner, may then operate the other
vehicle for a period of sixty days, but in no event longer than
sixty days from the date of original transfer. Upon such transfer,
it shall be the duty of the original owner to retain the
registration plates issued therefor and to immediately notify the
commissioner of such transfer upon such form as may be provided
therefor and to deliver to him the certificate of registration,
whereupon the commissioner shall, upon the payment of a fee of $6,
issue a new certificate showing the use to be made of such plates.
Such plates may then be used by such owner on another vehicle of
the same class as the vehicle for which they were originally issued
if such other vehicle does not require a greater license fee than
was required for such original vehicle. If such other vehicle
requires a greater license fee than such original vehicle, then
such plates may be used by paying such difference to the
commissioner. When such transfer of ownership is made to a
licensed dealer in motor vehicles it shall be the duty of such
dealer to immediately execute notification of transfer, in
triplicate, and to have this notification properly signed by the
owner making the transfer. The dealer shall immediately forward to
the department the original copy of the notification of transfer.
One copy of the notification of transfer shall be given to the
owner and one shall be retained by the dealer. The owner shall immediately send to the division the transfer fee of $6 with any
additional fee that may be required under the terms of this
chapter. The owner's copy, properly signed by the dealer, will be
the owner's identification until he receives a new registration
card from the division.
The owner of a set of registration plates may surrender them
to the commissioner together with the registration card and, upon
the payment of $6 as an exchange fee and upon the payment of such
additional fees as are necessary to equalize the value of the
plates surrendered with the value of registration plates desired,
receive in exchange a set of plates and registration card for a
vehicle of a different class.
§17A-4-10. Salvage certificates for certain wrecked or damaged
vehicles; fee; penalty.
(a) In the event a motor vehicle is determined to be a total
loss or otherwise designated as "totaled" by an insurance company
or insurer, and upon payment of a total loss claim to an insured or
claimant owner for the purchase of the vehicle, the insurance
company or the insurer, as a condition of the payment, shall
require the owner to surrender the certificate of title: Provided,
That an insured or claimant owner may choose to retain physical
possession and ownership of a total loss vehicle. If the vehicle
owner chooses to retain the vehicle and the vehicle has not been
determined to be a cosmetic total loss in accordance with
subsection (d) of this section, the insurance company or insurer shall also require the owner to surrender the vehicle registration
certificate. The term "total loss" means a motor vehicle which has
sustained damages equivalent to seventy-five percent or more of the
market value as determined by a nationally accepted used car value
guide or meets the definition of a flood-damaged vehicle as defined
in this section.
(b) The insurance company or insurer shall, prior to the
payment of the total loss claim, determine if the vehicle is
repairable, cosmetically damaged or nonrepairable. Within ten days
of payment of the total loss claim, the insurance company or
insurer shall surrender the certificate of title, a copy of the
claim settlement, a completed application on a form prescribed by
the commissioner and the registration certificate if the owner has
chosen to keep the vehicle to the Division of Motor Vehicles.
(c) If the insurance company or insurer determines that the
vehicle is repairable, the division shall issue a "salvage
certificate", on a form prescribed by the commissioner, in the name
of the insurance company, the insurer or the vehicle owner if the
owner has chosen to retain the vehicle. The certificate shall
contain, on the reverse, spaces for one successive assignment
before a new certificate at an additional fee is required. Upon
the sale of the vehicle, the insurance company, insurer or vehicle
owner if the owner has chosen to retain the vehicle, shall complete
the assignment of ownership on the salvage certificate and deliver
it to the purchaser. The vehicle may not be titled or registered
for operation on the streets or highways of this state unless there is compliance with subsection (g) of this section. The division
shall charge a fee of
$21
for each salvage title issued.
(d) If the insurance company or insurer determines the damage
to a totaled vehicle is exclusively cosmetic and no repair is
necessary in order to legally and safely operate the motor vehicle
on the roads and highways of this state, the insurance company or
insurer shall, upon payment of the claim, submit the certificate of
title to the division. Neither the insurance company nor the
division may require the vehicle owner to surrender the
registration certificate in the event of a cosmetic total loss
settlement.
(1) The division shall, without further inspection, issue a
title branded "cosmetic total loss" to the insured or claimant
owner if the insured or claimant owner wishes to retain possession
of the vehicle, in lieu of a "salvage certificate". The division
shall charge a fee of
$21
for each "cosmetic total loss" title
issued. The terms "cosmetically damaged" and "cosmetic total loss"
do not include any vehicle which has been damaged by flood or fire.
The designation "cosmetic total loss" on a title may not be
removed.
(2) If the insured or claimant owner elects not to take
possession of the vehicle and the insurance company or insurer
retains possession, the division shall issue a cosmetic total loss
salvage certificate to the insurance company or insurer. The
division shall charge a fee of
$21
for each cosmetic total loss
salvage certificate issued. The division shall, upon surrender of the cosmetic total loss salvage certificate issued under the
provisions of this paragraph and payment of the five percent
consumers sales tax
on the fair market value of the vehicle as
determined by the commissioner, issue a title branded "cosmetic
total loss" without further inspection.
(e) If the insurance company or insurer determines that the
damage to a totaled vehicle renders it nonrepairable, incapable of
safe operation for use on roads and highways and as having no
resale value except as a source of parts or scrap, the insurance
company or vehicle owner shall, in the manner prescribed by the
commissioner, request that the division issue a nonrepairable motor
vehicle certificate in lieu of a salvage certificate. The division
shall issue a nonrepairable motor vehicle certificate without
charge.
(f) Any owner who scraps, compresses, dismantles or destroys
a vehicle without further transfer or sale for which a certificate
of title, nonrepairable motor vehicle certificate or salvage
certificate has been issued shall, within forty-five days,
surrender the certificate of title, nonrepairable motor vehicle
certificate, or salvage certificate to the division for
cancellation.
(g) Any person who purchases or acquires a vehicle as salvage
or scrap, to be dismantled, compressed or destroyed, shall, within
forty-five days, surrender
to the division the certificate of
title, nonrepairable motor vehicle certificate, salvage certificate
or a statement of cancellation signed by the seller, on a form prescribed by the commissioner.
Subsequent purchasers of salvage
or scrap are not required to comply with the notification
requirement.
(h) If the motor vehicle is a "reconstructed vehicle" as
defined in this section or section one, article one of this
chapter, it may not be titled or registered for operation until it
has been inspected by an official state inspection station and by
the Division of Motor Vehicles. Following an approved inspection,
an application for a new certificate of title may be submitted to
the division. The applicant is required to retain all receipts for
component parts, equipment and materials used in the
reconstruction. The salvage certificate shall also be surrendered
to the division before a certificate of title may be issued with
the appropriate brand.
(i) The owner or title holder of a motor vehicle titled in
this state which has previously been branded in this state or
another state as "salvage", "reconstructed", "cosmetic total loss",
"cosmetic total loss salvage", "flood" or "fire", an equivalent
term under another state's laws or a term consistent with the
intent of the National Motor Vehicle Title Information System
established pursuant to 49 U.S.C. §30502 shall, upon becoming
aware of the brand, apply for and receive a title from the Division
of Motor Vehicles on which the brand "reconstructed", "salvage",
"cosmetic total loss", "cosmetic total loss salvage", "flood",
"fire" or other brand is shown. The division shall charge a fee of
$21
for each title so issued.
(j) If application is made for title to a motor vehicle, the
title to which has previously been branded "reconstructed",
"salvage", "cosmetic total loss", "cosmetic total loss salvage",
"flood", "fire" or other brand by the Division of Motor Vehicles
under this section and said application is accompanied by a title
from another state which does not carry the brand, the division
shall, before issuing the title, affix the brand "reconstructed",
"cosmetic total loss", "cosmetic total loss salvage", "flood",
"fire" or other brand
to the title. The consumers sales tax paid
on a motor vehicle titled as "reconstructed", "cosmetic total
loss", "flood", "fire" or other brand under the provisions of this
section shall be based on fifty percent of the fair market value of
the vehicle as determined by a nationally accepted used car value
guide to be used by the commissioner.
(k) The division shall charge a fee of $21 for the issuance of
each salvage certificate or cosmetic total loss salvage certificate
but shall not require the payment of the five percent consumers
sales tax. However, upon application for a certificate of title
for a reconstructed, cosmetic total loss, flood or fire damaged
vehicle or other brand,
the division shall collect the five percent
privilege tax on the fair market value of the vehicle as determined
by the commissioner unless the applicant is otherwise exempt from
the payment of such privilege tax. A wrecker/dismantler/rebuilder,
licensed by the division, is exempt from the payment of the five
percent
consumers sales tax
upon titling a reconstructed vehicle.
The division shall collect a fee of
$35
per vehicle for inspections of reconstructed vehicles. These fees shall be deposited in a
special fund created in the State Treasurer's Office and may be
expended by the division to carry out the provisions of this
article: Provided, That on and after the first day of July, 2007,
any balance in the special fund and all fees collected pursuant to
this section shall be deposited in the State Road Fund. Licensed
wreckers/dismantlers/rebuilders may charge a fee not to exceed
$25
for all vehicles owned by private rebuilders which are inspected at
the place of business of a wrecker/dismantler/rebuilder.
(l) As used in this section:
(1) "Reconstructed vehicle" means the vehicle was totaled
under the provisions of this section or by the provisions of
another state or jurisdiction and has been rebuilt in accordance
with the provisions of this section or in accordance with the
provisions of another state or jurisdiction or meets the provisions
of subsection (m), section one, article one of this chapter.
(2) "Flood-damaged vehicle" means that the vehicle was
submerged in water to the extent that water entered the passenger
or trunk compartment.
(3) "Other brand" means a brand consistent with the intent of
the National Motor Vehicle Title Information System established
pursuant to 49 U.S.C. §30502 and rules promulgated by the United
States Department of Justice to alert consumers, motor vehicle
dealers or the insurance industry of the history of a vehicle.
(m) Every vehicle owner shall comply with the branding
requirements for a totaled vehicle whether or not the owner receives an insurance claim settlement for a totaled vehicle.
(n) A certificate of title issued by the division for a
reconstructed vehicle shall contain markings in bold print on the
face of the title that it is for a reconstructed, flood or fire
damaged vehicle.
(o) Any person who knowingly provides false or fraudulent
information to the division that is required by this section in an
application for a title, a cosmetic total loss title, a
reconstructed vehicle title or a salvage certificate or who
knowingly fails to disclose to the division information required by
this section to be included in the application or who otherwise
violates the provisions of this section is guilty of a misdemeanor
and, upon conviction thereof, shall for each incident be fined not
less than
$1000 nor more than $2500
, or imprisoned in jail for not
more than one year, or both fined and imprisoned.
ARTICLE 4A. LIENS AND ENCUMBRANCES ON VEHICLES TO BE SHOWN ON
CERTIFICATE OF TITLE; NOTICE TO CREDITORS AND PURCHASERS.
§17A-4A-10. Fee for recording and release of lien.
The Division of Motor Vehicles shallcharge a fee of $13 for
the recording of any lien either in an electronic or paper format
created by the voluntary act of the owner and endorsing it upon the
title certificate issued pursuant to this article, and the Division
of Motor Vehicles shall charge a fee of $13 for recordation of any
release of a lien created by the voluntary act of the owner:
Provided, That no charge shall be made for the endorsement and recordation of liens or releases thereof as provided under section
nine of this article. No charge shall be made for the issuance of
a title to the owner of a vehicle upon the receipt of an electronic
release of the final lien.
ARTICLE 6D. DAILY PASSENGER RENTAL CAR BUSINESS.
§17A-6D-16. Vehicle license cost recovery fee charged by daily
passenger rental car company.
(a) As used in this section:
(1) "Vehicle license costs" means the costs incurred by a
daily passenger rental car company for licensing, titling,
registration, property tax, plating, and inspecting rental motor
vehicles; and
(2) "Vehicle license cost recovery free" means a charge on a
vehicle rental transaction originating within this state that is
separately stated on the rental agreement to recover vehicle
license costs.
(b) Method for vehicle cost recovery.
(1) If a daily passenger car rental company includes a vehicle
license cost recovery free as a separately stated charge in a
rental transaction, the amount of the fee shall represent the
company's good-faith estimate of the daily passenger rental car
daily charge to recover its actual total annual vehicle license
costs.
(2) If the total amount of the vehicle license cost recovery
fees collected by a daily passenger rental car company under this section in any calendar year exceeds the company's actual vehicle
license costs, the daily passenger car rental company shall:
(A) Retain the excess amount; and
(B) Adjust the vehicle cost recovery fee for the following
calendar year by a corresponding amount.
(c) Nothing in this section shall prevent a daily passenger
car rental company from including, or making adjustments during the
calendar year to, separately stated surcharges, fees, or charges in
the rental agreement, which may include but are not limited to
vehicle license cost recovery fees, airport access fees, airport
concession fees, consolidated facility charges, and all applicable
taxes.
ARTICLE 10. FEES FOR REGISTRATION, LICENSING, ETC.
§17A-10-3. Registration fees for vehicles equipped with pneumatic
tires.
The following registration fees for the classes indicated
shall be paid to the division for the registration of vehicles
subject to registration under this chapter when equipped with
pneumatic tires:
(a) Registration fees for the following classes shall be paid
to the division annually:
(1) Class A.--The registration fee for all motor vehicles of
this class is $45.00.
The registration fees and any other fees required by this
chapter for Class A vehicles under the optional biennial staggered registration system shall be multiplied by two and paid biennially
to the division.
No license fee may be charged for vehicles owned by churches,
or by trustees for churches, which are regularly used for
transporting parishioners to and from church services.
Notwithstanding the exemption, the certificate of registration and
license plates shall be obtained the same as other cards and plates
under this article.
(2) Class B.--The registration fee for all motor vehicles of
this class is as follows:
(A) For declared gross weights of eight thousand one pounds to
sixteen thousand pounds--$28 plus $5 for each one thousand pounds
or fraction of one thousand pounds that the gross weight of the
vehicle or combination of vehicles exceeds eight thousand pounds.
(B) For declared gross weights greater than sixteen thousand
pounds, but less than fifty-five thousand pounds--$78.50 plus $10
for each one thousand or fraction of one thousand pounds that the
gross weight of the vehicle or combination of vehicles exceeds
sixteen thousand pounds.
(C) For declared gross weights of fifty-five thousand pounds
or more--$737. 50 plus $15.75 for each one thousand pounds or
fraction of one thousand pounds that the gross weight of the
vehicle or combination of vehicles exceeds fifty-five thousand
pounds.
(3) Class G.--The registration fee for each motorcycle or
parking enforcement vehicle is $8: Provided, That the registration fee and any other fees required by this chapter for Class G
vehicles shall be for at least one year and under an optional
biennial registration system the annual fee shall be multiplied by
two and paid biennially to the division.
(4) Class H.--The registration fee for all vehicles for this
class operating entirely within the state is $5; and for vehicles
engaged in interstate transportation of persons, the registration
fee is the amount of the fees provided by this section for Class B,
reduced by the amount that the mileage of the vehicles operated in
states other than West Virginia bears to the total mileage operated
by the vehicles in all states under a formula to be established by
the Division of Motor Vehicles.
(5) Class J.--The registration fee for all motor vehicles of
this class is $85. Ambulances and hearses used exclusively as
ambulances and hearses are exempt from the special fees set forth
in this section.
(6) Class M.--The registration fee for all vehicles of this
class is $17.50.
(7) Class X farm truck.--The registration fee for all motor
vehicles of this class is as follows:
(A) For farm trucks of declared gross weights of eight
thousand one pounds to sixteen thousand pounds--$30.
(B) For farm trucks of declared gross weights of sixteen
thousand one pounds to twenty-two thousand pounds--$60.
(C) For farm trucks of declared gross weights of twenty-two
thousand one pounds to twenty-eight thousand pounds--$90.
(D) For farm trucks of declared gross weights of twenty-eight
thousand one pounds to thirty-four thousand pounds--$115.
(E) For farm trucks of declared gross weights of thirty-four
thousand one pounds to forty-four thousand pounds--$160.
(F) For farm trucks of declared gross weights of forty-four
thousand one pounds to fifty-four thousand pounds--$205.
(G) For farm trucks of declared gross weights of fifty-four
thousand one pounds to eighty thousand pounds--$250: Provided, That
the provisions of subsection (a), section eight, article one,
chapter seventeen-e of this code do not apply if the vehicle
exceeds sixty-four thousand pounds and is a truck tractor or road
tractor.
(b) Registration fees for the following classes shall be paid
to the division for a maximum period of three years, or portion of
a year based on the number of years remaining in the three-year
period designated by the commissioner:
(1) Class R.--The annual registration fee for all vehicles of
this class is $12.
(2) Class T.--The annual registration fee for all vehicles of
this class is $8.
(c) The fees paid to the division for a multiyear registration
provided by this chapter shall be the same as the annual
registration fee established by this section and any other fee
required by this chapter multiplied by the number of years for
which the registration is issued.
(d) The registration fee for all Class C vehicles is $50. On or before July 1, 2000, all Class C trailers shall be registered
for the duration of the owner's interest in the trailer and do not
expire until either sold or otherwise permanently removed from the
service of the owner: Provided, That a registrant may transfer a
Class C registration plate from a trailer owned less than thirty
days to another Class C trailer titled in the name of the
registrant upon payment of the transfer fee prescribed in section
ten of this article.
§17A-10-10. Fees upon transfer of registration and issuance of
certificates of title
.
A fee of $6 shall be paid for a transfer of registration by an
owner from one vehicle to another vehicle of the same class or for
surrender of registration of one vehicle in exchange for
registration of a vehicle of a different class in addition to the
payment of any difference in fees as provided in section one,
article four of this chapter.
A fee of $6 shall be paid for the transfer of registration
from a deceased person to his legal heir or legatee as provided in
section five, article four of this chapter.
A fee of $21 shall be paid for the issuance of a certificate
of title.
§17A-10-11. Fees for duplicate registration plates, registration
cards and certificates of title
.
A fee of $5 shall be paid for the issuance of duplicate or
substitute registration cards. A fee of $15 shall be paid for the issuance of duplicate or substitute registration plates or decals.
A fee of $21 shall be paid for the issuance of duplicate
certificates of title.
CHAPTER 17B. MOTOR VEHICLE DRIVER'S LICENSES.
§17B-2-1. Drivers must be licensed; types of licenses; licensees
need not obtain local government license; motorcycle driver
license; identification cards.
(a)(1) 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 used by the public generally unless
the person has a valid driver's license issued pursuant to this
code for the type or class of vehicle being driven.
(2) Any person licensed to operate a motor vehicle pursuant to
this code may exercise the privilege thereby granted in the manner
provided in this code and, except as otherwise provided by law, is
not required to obtain any other license to exercise the 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
vehicles the licensee may operate in accordance with this code,
federal law or rule. Licenses shall be issued in different colors
for those drivers under age eighteen, those drivers age eighteen to
twenty-one and adult drivers. The commissioner is authorized to
select and assign colors to the licenses of the various age groups.
(c) Driver's licenses issued by the division shall be
classified in the following manner:
(1) A Class A, B or C license shall be issued to those persons
eighteen years of age or older with two years of driving experience
who have qualified for the commercial driver's license established
by chapter seventeen-e of this code and the federal Motor Carrier
Safety and Improvement Act of 1999 and subsequent rules, and have
paid the required fee.
(2) A Class D license shall be issued to those persons
eighteen years and older with one year of 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
purpose of regulating the operation of motor vehicles, 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 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 registered or required to be
registered as a Class A motor vehicle, as that term is defined in
section one, 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) A Class E license shall be issued to those persons who
have qualified for a driver's license 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 of this
article for motorcycle operation. The Class E or (G) license for
any person under the age of eighteen may also be endorsed with the
appropriate graduated driver license level in accordance with the
provisions of section three-a of this article.
(4) A Class F license shall be issued to those persons who
successfully complete the motorcycle examination procedure provided
by this chapter and have paid the required fee, but who do not
possess a Class A, B, C, D or E driver's license.
(5) A Class G driver's license or instruction permit shall be
issued to a person using bioptic telescopic lenses who has
successfully completed an approved driver training program and
complied with all other requirements of article two-b of this
chapter.
(d) All licenses issued under this section may contain
information designating the licensee as a diabetic, organ donor, as
deaf or hard-of-hearing or as having any other handicap or
disability
or a person who is an honorably discharged veteran of
any branch of the armed forces of the United States
, according to
criteria established by the division, if the licensee requests this
information on the license.
(e) No person, except those hereinafter expressly exempted, may drive any motorcycle upon a street or highway in this state or
upon any subdivision street used by the public generally unless the
person has a valid motorcycle license, a valid license which has
been endorsed under section seven-b of this article for motorcycle
operation or a valid motorcycle instruction permit.
(f) (1) An 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) Has reached the age of two years. The division may also
issue an identification card to a person under the age of two years
for good cause shown;
(C) Has paid the required fee of $6.50 per year: Provided,
That the fee is not required if the applicant is sixty-five years
or older or is legally blind; and
(D) 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 identification card shall contain the same information
as a driver's license except that the identification card shall be
clearly marked as an identification card. However, the division
may issue an identification card with less information to persons
under the age of sixteen. An identification card may be renewed
annually on application and payment of the fee required by this
section.
(A) Every identification card issued to a person who has
attained his or her twenty-first birthday shall expire on the
licensee's birthday in those years in which the licensee'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 or for more than seven years and expires on the
licensee's birthday in those years in which the licensee's age is
evenly divisible by five.
(B) Every identification card issued to a person who has not
attained his or her twenty-first birthday shall expire thirty days
after the licensee's twenty-first birthday.
(3) 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.
(g) Any person violating the provisions of this section is
guilty of a misdemeanor and, upon conviction, shall be fined not
more than $500; and upon a second or subsequent conviction, shall
be fined not more than $500 or confined in jail not more than six
months, or both.
§17B-2-3a. Graduated driver's license.
(a) Any person under the age of eighteen 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 twenty-one, 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 section two, article five, chapter seventeen-c of
this code and section two, article five-a of said chapter. Any
person under the age of eighteen, regardless of class or licensure
level, is subject to the mandatory school attendance and
satisfactory academic progress provisions of section eleven,
article eight, chapter eighteen of this code.
(c) Level one instruction permit.--An applicant who is fifteen
years or older meeting all other requirements prescribed in this
code may be issued a level one instruction permit.
(1) Eligibility.--The division shall not issue a level one
instruction permit unless the applicant:
(A) Presents a completed application, as prescribed by the
provisions of section six of this article, 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 section seven of this article;
(D) Presents a driver's eligibility certificate or otherwise
shows compliance with the provisions of section eleven, article
eight, chapter eighteen of this code; and
(E) Pays a fee of $5 which shall permit the applicant one
attempt at the written knowledge test.
(2) Terms and conditions of instruction permit.--A level one
instruction permit issued under the provisions of this section is
valid until thirty days after the date the applicant attains the
age of eighteen 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 section six of
this article. 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 ninety days. However, after the expiration of
ninety days, the person may retest if otherwise eligible. 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 direct supervision of a licensed driver,
twenty-one 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 hours of five a.m. and ten p.m.;
(C) All occupants must use safety belts in accordance with the
provisions of section forty-nine, article fifteen, chapter
seventeen-c of this code;
(D) Without any measurable blood alcohol content, in
accordance with the provisions of subsection (h), section two,
article five, chapter seventeen-c of this code; and
(E) Maintains current school enrollment and is making
satisfactory academic progress or otherwise shows compliance with
the provisions of section eleven, article eight, chapter eighteen
of this code.
(F) A holder of a level one instruction permit who is under
the age of eighteen 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
sixteen years of age or older, meeting all other requirements of
the code, may be issued a level two intermediate driver's license.
(1) Eligibility.--The division shall not issue a level two
intermediate driver's license unless the applicant:
(A) Presents a completed application as prescribed in section
six of this article;
(B) Has held the level one instruction permit conviction-free
for the one hundred eighty 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 fifty hours of
behind-the-wheel driving experience, including a minimum of ten
hours of nighttime driving, certified by a parent or legal guardian
or other responsible adult over the age of twenty-one as indicated
on the form prescribed by the division: Provided, That nothing in
this paragraph shall 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 section eleven, article
eight, chapter eighteen of this code;
(E) Passes the road skills examination as prescribed by
section seven of this article; and
(F) Pays a fee of $5 which shall permit the holder one attempt
at the road skills examination.
(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 thirty days after the
applicant attains the age of eighteen, or until the licensee
qualifies for a level three full Class E license, whichever comes
first. 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 between the hours of five a. m. and ten p.
m.;
(B) Only under the direct supervision of a licensed driver,
age twenty-one years or older, between the hours of ten p. m. and
five 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 use safety belts in accordance with
the provisions of section forty-nine, article fifteen, chapter
seventeen-c 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 twenty 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 twenty years old, unless these
passengers are family members of the licensee;
(E) Without any measurable blood alcohol content in accordance
with the provisions of subsection (h), section two, article five,
chapter seventeen-c of this code;
(F) Maintains current school enrollment and is making
satisfactory academic progress or otherwise shows compliance with
the provisions of section eleven, article eight, chapter eighteen
of this code;
(G) A holder of a level two intermediate driver's license who
is under the age of eighteen 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) 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 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 paragraph (I) of this subdivision; and
(I) 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 licensee's privilege to operate
a motor vehicle shall be revoked or suspended for the applicable
statutory period or until the licensee's eighteenth 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 eighteen years and if otherwise
eligible may reapply for an instruction permit, then a driver's
license in accordance with the provisions of sections five, six and
seven of this article.
(e) Level three, full Class E license.--The level three
license is valid until thirty days after the date the licensee attains his or her twenty-first birthday. 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 seventeen years; and
(A) Presents a completed application as prescribed by the
provisions of section six of this article;
(B) Has held the level two intermediate license conviction
free for the twelve-month period immediately preceding the date of
the application;
(C) Has completed any driver improvement program required
under paragraph (G), subdivision (2), subsection (d) of this
section; and
(D) Pays a fee of $6.50 for each year the license is valid.
An additional fee of $.50 shall be collected to be deposited in the
Combined Voter Registration and Driver's Licensing Fund established
in section twelve, article two, chapter three of this code;
(E) Presents a driver's eligibility certificate or otherwise
shows compliance with the provisions of section eleven, article
eight, chapter eighteen of this code; or
(2) Reaches the age of eighteen years; and
(A) Presents a completed application as prescribed by the
provisions of section six of this article; and
(B) Pays a fee of $6.50 for each year the license is valid.
An additional fee of $.50 shall be collected to be deposited in the
Combined Voter Registration and Driver's Licensing Fund established
in section twelve, article two, chapter three of this code.
(f) A person violating the provisions of the terms and
conditions of a level one or level two intermediate driver's
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.
§17B-2-5. Qualifications, issuance and fee for instruction
permits.
(a) Any person who is at least fifteen years of age may apply
to the division for an instruction permit. However, any person who
has not attained the age of eighteen shall comply with the
provisions of section three-a of this article. The division may,
in its discretion, after the applicant has successfully passed all
parts of the examination other than the road skills test, issue to
the applicant an instruction permit which entitles the applicant
while having the permit in his or her immediate possession to drive
a motor vehicle upon the public highways when accompanied by a
licensed driver of at least twenty-one years of age, a driver's
education or driving school instructor that is acting in an official capacity as an instructor, who is alert and unimpaired or
a certified division license examiner acting in an official
capacity as an examiner, who is occupying a seat beside the driver.
(1) Any instruction permit issued to a person under the age of
eighteen years shall be issued in accordance with the provisions of
section three-a of this article.
(2) Any permit issued to a person who has reached the age of
eighteen years is valid for a period of ninety days. The fee for
the instruction permit is $5.
(b) Any person sixteen years of age or older may apply to the
division for a motorcycle instruction permit. Any person under the
age of eighteen must have first completed the requirements for a
level two intermediate driver's license or a Class E driver's
license before being eligible for a motorcycle instruction permit.
The division may, in its discretion, after the applicant has
successfully passed all parts of the motorcycle examination other
than the driving test, and presented documentation of compliance
with the provisions of section eleven, article eight, chapter
eighteen of this code, if applicable, issue to the applicant an
instruction permit which entitles the applicant while having the
permit in his or her immediate possession to drive a motorcycle
upon the public streets or highways for a period of ninety days,
during the daylight hours between sunrise and sunset only. No
holder of a motorcycle instruction permit shall operate a
motorcycle while carrying any passenger on the vehicle.
A motorcycle instruction permit is not renewable, but a qualified applicant may apply for a new permit. The fee for a
motorcycle instruction permit is $5, which shall be paid into a
special fund in the state treasury known as the motor vehicle fees
fund.
§17B-2-6. Application for license or instruction permit; fee to
accompany application.
(a) Every application for an instruction permit or for a
driver's license shall be made upon a form furnished by the
division. Every application shall be accompanied by the proper fee
and payment of the fee shall entitle an applicant under the age of
eighteen to one attempt at the written test or one attempt at the
road skills test. An applicant age eighteen years or older is
entitled to one attempt at the written test or one attempt at the
road skills test per payment of the proper fee. An applicant who
fails either the written test or the road skills test may not be
tested twice within a period of one week. An instruction permit
holder is eligible for additional attempts at passing the written
test or road skills test upon payment of a fee of $5 for each
attempt.
(b) Any applicant who has not been previously licensed must
hold an instruction permit for a minimum of thirty days. For the
purposes of this section, the term "previously licensed" means an
applicant who has obtained at least a level one graduated license
or junior driver's license issued under the provisions of this
article or has obtained an equal or greater level of licensure if previously licensed in another state.
(c) Every said application shall state the full legal name,
date of birth, sex, and residence address of the applicant and
briefly describe the applicant and shall state whether the
applicant has theretofore been a licensed driver and, if so, when,
and by what state or country and whether any such license has ever
been suspended or revoked within the five years next preceding the
date of application, or whether an application has ever been
refused and, if so, the date of and reason for the suspension,
revocation or refusal, whether the applicant desires a notation on
the driver's license indicating that the applicant is an organ
donor, in accordance with article one-b of this chapter, a
diabetic, deaf, or hard of hearing, or has any other handicap or
disability
or is an honorably discharged veteran of any branch of
the armed forces of the United States
and such other pertinent
information as the commissioner may require.
§17B-2-8. Issuance and contents of licenses; fees.
(a) The division shall, upon payment of the required fee,
issue to every applicant qualifying therefor a driver's license,
which shall indicate the type or general class or classes of
vehicle or vehicles the licensee may operate in accordance with
this chapter or chapter seventeen-e of this code, or
motorcycle-only license. Each license shall contain a coded number
assigned to the licensee, the full legal name, date of birth,
residence address, a brief description and a color photograph of
the licensee and either a facsimile of the signature of the licensee or a space upon which the signature of the licensee shall
be written with pen and ink immediately upon receipt of the
license. No license is valid until it has been so signed by the
licensee.
(b) A driver's license which is valid for operation of a
motorcycle shall contain a motorcycle endorsement.
(c) The division shall use such process or processes in the
issuance of licenses that will, insofar as possible, prevent any
alteration, counterfeiting, duplication, reproduction, forging or
modification of, or the superimposition of a photograph on, the
license.
(d) The fee for the issuance of a Class E driver's license is
$6.50 per year for each year the license is issued to be valid.
The fee for issuance of a Class D driver's license is six dollars
and twenty-five cents per year for each year the license is issued
to be valid. An additional fee of fifty cents shall be collected
from the applicant at the time of original issuance or each renewal
and the additional fee shall be deposited in the "combined voter
registration and driver's licensing fund," established pursuant to
the provisions of section twelve, article two, chapter three of
this code. The additional fee for adding a motorcycle endorsement
to a driver's license is one dollar per year for each year the
license is issued.
(e) The fee for issuance of a motorcycle-only license is $6.50
for each year for which the motorcycle license is to be valid. The
fees for the motorcycle endorsement or motorcycle-only license shall be paid into a special fund in the State Treasury known as
the Motorcycle Safety Fund as established in section seven, article
one-d of this chapter.
(f) The fee for the issuance of either the level one or level
two graduated driver's license as prescribed in section three-a of
this article is $5.
(g) The division may use an address on the face of the license
other than the applicant's address of residence if:
(1) The applicant has a physical address or location that is
not recognized by the post office for the purpose of receiving
mail;
(2) The applicant is enrolled in a state address
confidentiality program or the alcohol test and lock program;
(3) The applicant's address is entitled to be suppressed under
a state or federal law or suppressed by a court order; or
(4) At the discretion of the commissioner, the applicant's
address may be suppressed to provide security for classes of
applicants such as law-enforcement officials, protected witnesses
and members of the state and federal judicial systems.
§17B-2-11. Duplicate permits and licenses.
In the event that an instruction permit or driver's license
issued under the provisions of this chapter is lost or destroyed,
or if the information contained on the license has changed, the
person to whom the permit or license was issued may upon making
proper application and upon payment of a fee of $15 obtain a
duplicate thereof upon furnishing proof satisfactory to the division that the permit or license has been lost or destroyed.
CHAPTER 17D. MOTOR VEHICLE SAFETY RESPONSIBILITY LAW.
ARTICLE 2. ADMINISTRATION OF LAW.
§17D-2-2. Commissioner to furnish abstract of operating record;
fee for abstract.
The commissioner shall upon request and subject to the
provisions of article two-a, chapter seventeen-a of this code,
furnish any person a certified abstract of the operating record of
any person subject to the provisions of this chapter, and if there
is no record of any conviction of the person of a violation of any
law relating to the operation of a motor vehicle or of any injury
or damage caused by the person, the commissioner shall so certify.
The commissioner shall collect $5 for each abstract.
For calendar
year 2012, the commissioner shall collect $7.50 for each abstract.
Beginning January 1, 2013, the commissioner shall collect $10 for
each abstract: Provided, That an auto insurer domiciled the state
of West Virginia shall pay no more than $10 for each abstract,
including any administrative fee arising from the transaction.