Senate Bill No. 541

(By Senator Bailey)

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[Introduced February 18, 2000; referred to the Committee on Transportation.]
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A BILL to amend and reenact sections six and eight, article three, chapter seventeen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to the suspension of a driver's license or privilege to drive a motor vehicle; and limiting the suspension period to six months when medical reasons are the cause of the suspension.

Be it enacted by the Legislature of West Virginia:
That sections six and eight, article three, chapter seventeen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, all to read as follows:
ARTICLE 3. CANCELLATION, SUSPENSION OR REVOCATION OF LICENSES.

§17B-3-6. Authority of division to suspend or revoke license; hearing.

(a) The division is hereby authorized to suspend the driver's license of any person without preliminary hearing upon a showing by its records or other sufficient evidence that the licensee:
(1) Has committed an offense for which mandatory revocation of a driver's license is required upon conviction;
(2) Has by reckless or unlawful operation of a motor vehicle, caused or contributed to an accident resulting in the death or personal injury of another or property damage;
(3) Has been convicted with such frequency of serious offenses against traffic regulations governing the movement of vehicles as to indicate a disrespect for traffic laws and a disregard for the safety of other persons on the highways;
(4) Is an habitually reckless or negligent driver of a motor vehicle;
(5) Is incompetent to drive a motor vehicle;
(6) Has committed an offense in another state which if committed in this state would be a ground for suspension or revocation;
(7) Has failed to pay or has defaulted on a plan for the payment of all costs, fines, forfeitures or penalties imposed by a magistrate court or municipal court within ninety days, as required by section two-a, article three, chapter fifty or section two-a, article ten, chapter eight of this code;
(8) Has failed to appear or otherwise respond before a magistrate court or municipal court when charged with a motor vehicle violation as defined in section three-a of this article;
(9) Is under the age of eighteen and has withdrawn either voluntarily or involuntarily from a secondary school, as provided in section eleven, article eight, chapter eighteen of this code; or
(10) Has failed to pay overdue child support or comply with subpoenas or warrants relating to paternity or child support proceedings, if a circuit court has ordered the suspension of the license as provided in article five-a, chapter forty-eight-a of this code and the child support enforcement division has forwarded to the division a copy of the court order suspending the license, or has forwarded its certification that the licensee has failed to comply with a new or modified order that stayed the suspension and provided for the payment of current support and any arrearage due; or
(11) Is not capable of driving a motor vehicle due to one or more medical reasons.
(b) The driver's license of any person having his or her license suspended shall be reinstated if:
(1) The license was suspended under the provisions of subdivision (7), subsection (a) of this section and the payment of costs, fines, forfeitures or penalties imposed by the applicable court has been made;
(2) The license was suspended under the provisions of subdivision (8), subsection (a) of this section, and the person having his or her license suspended has appeared in court and has prevailed against the motor vehicle violations charged; or
(3) The license was suspended under the provisions of subdivision (10), subsection (a) of this section, and the division has received a court order restoring the license or a certification by the child support enforcement division that the licensee is complying with the original support order or a new or modified order that provides for the payment of current support and any arrearage due.
(c) Any reinstatement of a license under subdivision (1), (2) or (3), subsection (b) of this section shall be subject to a reinstatement fee designated in section nine of this article.
(d) Upon suspending the driver's license of any person as hereinbefore authorized in this section, authorized the division shall immediately notify the licensee in writing, sent by certified mail, return receipt requested, to the address given by the licensee in applying for license, and upon his the licensee's request shall afford him the licensee an opportunity for a hearing as early as practical within not to exceed twenty days after receipt of such the request in the county wherein where the licensee resides unless the division and the licensee agree that such the hearing may be held in some other county. Upon such hearing The commissioner or his duly authorized agent may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the licensee. Upon such After the hearing the division shall either rescind its order of suspension or, if good cause appearing therefor exists, may extend the suspension of such the license or revoke such the license. The provisions of this subsection (d) providing for notice and hearing are not applicable to a suspension under subdivision (10), subsection (a) of this section.
§17B-3-8. Suspension for more than one year.

The department shall division may not suspend a driver's license or privilege to drive a motor vehicle on the public highways for a period of more than one year, except:
(1) As provided in chapter seventeen-c of this code; and
(2) When suspending a license or privilege to drive a motor vehicle under the provisions of subdivision (11), subsection (a), section six of this article the period may not exceed six months.




NOTE: The purpose of this bill is to reduce the period, from one year to six months, the Division of Motor Vehicles may suspend a driver's license of a person who is not capable of driving a motor vehicle due to medical reasons.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.