Senate Bill No. 647
(By Senators Unger, Jenkins, Love and White)
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[Introduced March 21, 2005; referred to the Committee
on Transportation and Infrastructure; and then to the Committee
on Finance.]
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A BILL to amend and reenact §17B-2-6 of the Code of West Virginia,
1931, as amended, relating to requiring applicants for an
instruction permit to operate a motor vehicle who fail the
written test two or more times to pay an additional fee of
five dollars for each additional testing procedure; and
including on the application an applicant's desire to be
listed as an organ donor on the license.
Be it enacted by the Legislature of West Virginia:
That §17B-2-6 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. ISSUANCE OF LICENSE, EXPIRATION AND RENEWAL.
§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 not more than three attempts to pass the road skills
test. An applicant age eighteen years or older is entitled to not
more than three attempts to pass the road skills test within a
period of sixty days from the date of issuance of the instruction
permit. 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 applicant who fails the written test twice or more, shall, on
his or her third or subsequent attempt, be required to pay an
additional nonrefundable fee of five dollars prior to each
additional testing procedure.
(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 two 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 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,
a diabetic, deaf, or hard of hearing, or has any other handicap or
disability and such other pertinent information as the Commissioner
may require.
NOTE: The purpose of this bill is to
require applicants for an
instruction permit to operate a motor vehicle who fail the written
test two or more times, to pay an additional fee of five dollars
for each additional testing procedure they undergo. The bill also
provides that an applicant's desire to be listed as an organ donor
on his license
is to be included on the application.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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