ENROLLED
H. B. 2216
(By Delegates Pino, Manuel, Collins and Beane)
[Passed March 6, 1995; in effect ninety days from passage.]
AN ACT to amend and reenact section eight, article one, chapter
seventeen-e of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the creation of an
exemption to the requirement of obtaining a commercial
driver's license for operators of off-road construction and
mining equipment.
Be it enacted by the Legislature of West Virginia:
That section eight, article one, chapter seventeen-e of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
§17E-1-8. Exemptions to the commercial driver's license
requirements.
(a) Farmers. -- Bona fide farmers or farm vehicle drivers, as defined, operating a vehicle otherwise covered by the commercial
driver's license requirements may be exempted from the provisions
of this article only if the vehicle used is:
(1) Driven by a farmer or farm vehicle driver;
(2) Used only to transport either agricultural products, farm
machinery, farm supplies, to or from a farm;
(3) Not used in the operation of a common or contract motor
carrier; and
(4) Used within one hundred fifty miles of the qualifying
farm.
Farmers who wish to be exempted from the commercial driver's
license requirements must apply to the division of motor vehicles
for a certificate of exemption.
(b) Military personnel. -- Military personnel, including the
national guard and reserve, will be exempt from the provisions of
this article, only:
(1) When in uniform; and
(2) Operating equipment owned by the United States department
of defense, except during declared emergencies or disaster
situations; and
(3) On duty; and
(4) In possession of a valid classified military driver's license for the class of vehicle being driven.
(c) Fire fighting and rescue equipment. -- Operators of
vehicles authorized to hold an "authorized emergency vehicle
permit" for use of red signal lights only are exempt from the
provisions of this article while the "authorized emergency vehicle
permit" is in force. Vehicles in this class include, but are not
limited to, firefighters and rescue equipment:
(1) Owned and operated by state, county and municipal fire
departments;
(2) Owned and operated by state, county and municipal civil
defense organizations;
(3) Owned and operated by a manufacturer engaged in a type of
business that requires firefighter equipment to protect the safety
of their plants and its employees;
(4) Owned and operated by volunteer fire departments.
(d) Operators of off-road construction and mining equipment.--
Operators of equipment which, by its design, appearance and
function, is not intended for use on a public road, including,
without limitation, motorscrapers, backhoes, motorgraders,
compactors, excavators, tractors, trenches and bulldozers, will be
exempt from the provisions of this article: Provided, That the
exemption recognized by this subsection shall not be construed to permit the operation of such equipment on any public road except
such operation as may be required for a crossing of such road:
Provided, however, That no such equipment may be operated on a
public road for a distance exceeding five hundred feet from the
place where such equipment entered upon the public road.
(e) The Commercial Motor Vehicles Safety Act of 1986 exempts
vehicles used exclusively for personal use such as recreation
vehicles and rental trucks used only to transport the driver's
personal or household property.