Introduced Version House Bill 4164 History

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Key: Green = existing Code. Red = new code to be enacted

FISCAL NOTEWEST virginia legislature

2016 regular session


House Bill 4164

By Delegates Howell, Frich, Storch, Arvon, Eldridge, Moffatt, Faircloth, upson, Westfall,
R. Phillips and Miller

[Introduced January 20, 2016; referred to the committee on Roads and Transportation then Education.]

A BILL to amend and reenact §17B-2-7 of the Code of West Virginia, 1931, as amended, related to requiring the Department of Motor Vehicles to conduct drivers tests as a pilot program, at certain high schools to provide better access for students.

Be it enacted by the Legislature of West Virginia:

That §17B-2-7 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-2-7. Examination of applicants.

(a) Upon the presentment of the applicant=s certified copy of the birth certificate issued by a state or other governmental entity responsible for vital records or a valid and unexpired passport issued by the United States government, as evidence that the applicant is of lawful age and verifiable identity, the Division of Motor Vehicles shall examine every applicant for a license to operate a motor vehicle in this state, except as otherwise provided in this section. The examination shall include a test of the applicant=s eyesight, the applicant=s ability to read and understand highway signs regulating, warning, and directing traffic, the applicant=s knowledge of the traffic laws of this state, and the applicant=s knowledge of the effects of alcohol upon persons and the dangers of driving a motor vehicle under the influence of alcohol. The examination shall also include an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle, and any further physical and mental examination as the Division of Motor Vehicles considers necessary to determine the applicant=s fitness to operate a motor vehicle safely upon the highways. The division shall create and administer a pilot program in which the division conducts examinations for licenses in one high school in each congressional district to provide access for students who may have difficulty getting to a regional division office to obtain license.  The division shall report on the pilot program’s progress to the Joint Committee on Government and Finance by January 1, 2018, to enable the committee to evaluate whether the program should be extended to other counties.

(b) The commissioner shall propose legislative rules for promulgation in accordance with the provisions of article three, chapter twenty-nine-a of this code concerning the examination of applicants for licenses and the qualifications required of applicants, and the examination of applicants by the division shall be in accordance with the rules. The rules shall provide for the viewing of educational material or films on the medical, biological, and psychological effects of alcohol upon persons, the dangers of driving a motor vehicle while under the influence of alcohol and the criminal penalties and administrative sanctions for alcohol and drug related motor vehicle violations.

(c) After successful completion of the examination required by this section, section three-a, or section seven-b of this article, and prior to the issuance of a license pursuant to the provisions of section eight of this article, every applicant for a driver=s license, graduated driver=s license, or motorcycle-only license shall attend a mandatory education class on the dangers and social consequences of driving a motor vehicle while under the influence of alcohol. To the extent practicable, the commissioner shall use as lecturers at those classes persons who can relate first-hand experiences as victims or family members of victims of alcohol-related accidents or drivers who have been involved in alcohol-related accidents which caused serious bodily injury or death.


NOTE: The purpose of this bill is to require the Division of Motor Vehicles to create a pilot program to offer drivers examinations in certain high schools, to provide added access for students.

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


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