Senate Bill No. 219
(By Senators Foster, McCabe, Oliverio, Yoder, Minard and Hunter)
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[Introduced January 19, 2006; referred to the Committee
on Transportation and Infrastructure; and then to the Committee
on the Judiciary.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated
§17B-2-3b; and to
amend and reenact
§17B-3-6 of said code, all relating to
prohibiting wireless communication use while driving by a
minor holding a learner's instructional permit or
provisional license.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated
§17B-2-3b
; and
that§17B-3-6 of said code be amended and reenacted, all to read
as follows:
ARTICLE 2. ISSUANCE OF LICENSE, EXPIRATION AND RENEWAL.
§17B-2-3b. Prohibition against use of wireless communication
device while driving by minor holding learner's instructional permit or provisional license.
(a) For the purposes of this section:
(1) "9-1-1 system" means an emergency telephone system or
enhanced emergency telephone system as defined in section two,
article six, chapter twenty-four of this code.
(2) "Wireless communication device" means a handheld or
hands free device used to access a wireless telephone service, or
a text messaging device.
(b)
A holder of a learner's instructional permit or a
provisional driver's license who is under the age of eighteen
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.
(c) If the Division of Motor Vehicles receives satisfactory
evidence that an individual has violated subsection (b) of this
section, the commissioner may suspend the individual's driver's
license for not more than ninety days, and issue a restricted
license for the period of suspension that is limited to driving a
motor vehicle: (1) In the course of the individual's employment;
(2) for the purpose of driving to or from a place of employment;
or (3) for the purpose of driving to or from school.
(d) A law-enforcement officer may enforce this section only
as a secondary action when the law-enforcement officer detains a
driver for a suspected violation of another provision of this code.
(e) An individual may request a hearing as provided in
section six, article three, chapter seventeen-B of this code for
suspensions or revocations.
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 under the age of eighteen and has used a wireless
communication device while driving a motor vehicle when the minor
holds a learner's instructional permit or a provisional driver's
license, as provided in section three-b, article two of this
chapter.
(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 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 or her request
shall afford him or her an opportunity for a hearing as early as
practical within not to exceed twenty days after receipt of such
request in the county wherein the licensee resides unless the
division and the licensee agree that such hearing may be held in
some other county. Upon such hearing the commissioner or his or
her 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 hearing the division shall either rescind
its order of suspension or, good cause appearing therefor, may
extend the suspension of such license or revoke such 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.
NOTE: The purpose of this bill is to prohibit
wireless
communication use while driving by a minor holding a learner's
instructional permit or provisional license.
§17B-2-3b
is new; therefore, strike-throughs and underscoring have been omitted.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.