Enrolled Committee Substitute
House Bill 4139 History
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Key: Green = existing Code. Red = new code to be enacted
ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4139
(By Delegates Webster, Hrutkay, Kessler,
Moore, Pino, Stemple and Overington)
[Passed March 7, 2008; in effect ninety days from passage.]
AN ACT to amend and reenact §17B-2-1 of the Code of West Virginia,
1931, as amended; and to further amend said chapter by adding
thereto a new article, designated §17B-2B-1, §17B-2B-2,
§17B-2B-3, §17B-2B-4, §17B-2B-5, §17B-2B-6, §17B-2B-7,
§17B-2B-8, §17B-2B-9, §17B-2B-10 and §17B-2B-11, all relating
to licensing persons using bioptic telescopic devices to
operate a motor vehicle; creating a Class G driver's license
for persons using bioptic telescopic devices who complete an
approved driver training program; authorizing the Division of
Rehabilitation Services to create an approved driver training
program; establishing minimum eligibility requirements for
acceptance into an approved driver training program and
minimum curriculum requirements; establishing criteria and
restrictions for a Class G instruction permit and driver's
license; specifying the duration of the Class G instruction permit and driver's license; providing for removal of the
daytime driving restriction in certain circumstances;
establishing standards for licensure of restricted
out-of-state drivers to obtain a West Virginia Class G
instruction permit or driver's license; providing
prerequisites for renewal of a Class G driver's license;
providing for suspension, revocation and reinstatement of
Class G driver's licenses; requiring the Commissioner of the
Division of Motor Vehicles to collect information regarding
accidents, violations and convictions by Class G licensees and
to report the same annually to the Legislature; requiring the
Commissioner of the Division of Motor Vehicles and the
Director of the Division of Rehabilitation Services to propose
legislative rules; and clarifying that training provisions for
Class G licensees do not apply to persons already licensed in
this state to operate a motor vehicle while wearing bioptic
telescopic devices.
Be it enacted by the Legislature of West Virginia:
That §17B-2-1 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that said chapter be further amended
by adding thereto a new article, designated, §17B-2B-1, §17B-2B-2,
§17B-2B-3, §17B-2B-4 §17B-2B-5, §17B-2B-6, §17B-2B-7, §17B-2B-8,
§17B-2B-9, §17B-2B-10 and §17B-2B-11, all to read as follows:
ARTICLE 2. ISSUANCE OF LICENSE, EXPIRATION AND RENEWAL.
§17B-2-1. Drivers must be licensed; types of licenses; licensees
need not obtain local government license; motorcycle
driver license; identification cards.
(a)(1) No person, except those hereinafter expressly exempted,
may drive any motor vehicle upon a street or highway in this state
or upon any subdivision street used by the public generally unless
the person has a valid driver's license issued pursuant to this
code for the type or class of vehicle being driven.
(2) Any person licensed to operate a motor vehicle pursuant to
this code may exercise the privilege thereby granted in the manner
provided in this code and, except as otherwise provided by law, is
not required to obtain any other license to exercise the privilege
by any county, municipality or local board or body having authority
to adopt local police regulations.
(b) The division, upon issuing a driver's license, shall
indicate on the license the type or general class or classes of
vehicles the licensee may operate in accordance with this code,
federal law or rule. Licenses shall be issued in different colors
for those drivers under age eighteen, those drivers age eighteen to
twenty-one and adult drivers. The commissioner is authorized to
select and assign colors to the licenses of the various age groups.
(c) Driver's licenses issued by the division shall be
classified in the following manner:
(1) A Class A, B or C license shall be issued to those persons
eighteen years of age or older with two years of driving experience
who have qualified for the commercial driver's license established
by chapter seventeen-e of this code and the federal Motor Carrier
Safety and Improvement Act of 1999 and subsequent rules, and have
paid the required fee.
(2) A Class D license shall be issued to those persons
eighteen years and older with one year of driving experience who
operate motor vehicles other than those types of vehicles which
require the operator to be licensed under the provisions of chapter
seventeen-e of this code and federal law and rule and whose primary
function or employment is the transportation of persons or property
for compensation or wages and have paid the required fee. For the
purpose of regulating the operation of motor vehicles, wherever the
term "chauffeur's license" is used in this code, it shall be
construed to mean the Class A, B, C or D license described in this
section or chapter seventeen-e of this code or federal law or rule:
Provided, That anyone not required to be licensed under the
provisions of chapter seventeen-e of this code and federal law or
rule and who operates a motor vehicle registered or required to be
registered as a Class A motor vehicle, as that term is defined in
section one, article ten, chapter seventeen-a of this code, with a
gross vehicle weight rating of less than eight thousand one pounds,
is not required to obtain a Class D license.
(3) A Class E license shall be issued to those persons who
have qualified for a driver's license under the provisions of this
chapter and who are not required to obtain a Class A, B, C or D
license and who have paid the required fee. The Class E license
may be endorsed under the provisions of section seven-b of this
article for motorcycle operation. The Class E or (G) license for
any person under the age of eighteen may also be endorsed with the
appropriate graduated driver license level in accordance with the
provisions of section three-a of this article.
(4) A Class F license shall be issued to those persons who
successfully complete the motorcycle examination procedure provided
by this chapter and have paid the required fee, but who do not
possess a Class A, B, C, D or E driver's license.
(5) A Class G driver's license or instruction permit shall be
issued to a person using bioptic telescopic lenses who has
successfully completed an approved driver training program and
complied with all other requirements of article two-b of this
chapter.
(d) All licenses issued under this section may contain
information designating the licensee as a diabetic, organ donor, as
deaf or hard-of-hearing or as having any other handicap or
disability, according to criteria established by the division, if
the licensee requests this information on the license.
(e) No person, except those hereinafter expressly exempted,
may drive any motorcycle upon a street or highway in this state or upon any subdivision street used by the public generally unless the
person has a valid motorcycle license, a valid license which has
been endorsed under section seven-b of this article for motorcycle
operation or a valid motorcycle instruction permit.
(f) (1) An identification card may be issued to any person
who:
(A) Is a resident of this state in accordance with the
provisions of section one-a, article three, chapter seventeen-a of
this code;
(B) Has reached the age of two years. The division may also
issue an identification card to a person under the age of two years
for good cause shown;
(C) Has paid the required fee of two dollars and fifty cents
per year: Provided, That the fee is not required if the applicant
is sixty-five years or older or is legally blind; and
(D) Presents a birth certificate or other proof of age and
identity acceptable to the division with a completed application on
a form furnished by the division.
(2) The identification card shall contain the same information
as a driver's license except that the identification card shall be
clearly marked as an identification card. However, the division
may issue an identification card with less information to persons
under the age of sixteen. An identification card may be renewed
annually on application and payment of the fee required by this
section.
(A) Every identification card issued to a person who has
attained his or her twenty-first birthday shall expire on the
licensee's birthday in those years in which the licensee's age is
evenly divisible by five. Except as provided in paragraph (B) of
this subdivision, no identification card may be issued for less
than three years or for more than seven years and expires on the
licensee's birthday in those years in which the licensee's age is
evenly divisible by five.
(B) Every identification card issued to a person who has not
attained his or her twenty-first birthday shall expire thirty days
after the licensee's twenty-first birthday.
(C) Every identification card issued to persons under the age
of sixteen shall be issued for a period of two years and shall
expire on the last day of the month in which the applicant's
birthday occurs.
(3) The division may issue an identification card to an
applicant whose privilege to operate a motor vehicle has been
refused, canceled, suspended or revoked under the provisions of
this code.
(g) Any person violating the provisions of this section is
guilty of a misdemeanor and, upon conviction, shall be fined not
more than five hundred dollars; and upon a second or subsequent
conviction, shall be fined not more than five hundred dollars or
confined in jail not more than six months, or both.
ARTICLE 2B. LICENSE TO OPERATE A MOTOR VEHICLE WITH BIOPTIC
TELESCOPIC DEVICE.
§17B-2B-1. Definitions.
For purposes of this article, the following terms have the
meaning indicated:
(1) "Applicant" means any person applying for a Class G
instruction permit or license to operate a motor vehicle in this
state who must use a bioptic telescopic device to meet the
commissioner's minimum visual acuity and visual field standards for
licensure.
(2) "Approved driver training program" means a program that:
(A) Provides and coordinates comprehensive assessment and
training of driving skills and responses;
(B) Emphasizes clinical and functional vision skills,
predriver readiness skills and the physical, mental and social
driving skills of an applicant;
(C) Is approved by the Division of Rehabilitation Services ,
after consultation with the division; and
(D) Is operated by and under the auspices of the Division of
Rehabilitation Services at its headquarters at Institute, Kanawha
County.
(3) "Bioptic telescopic device" means a two focus optical
system used to magnify distant objects by including a small
telescope that is mounted in a spectacle lens so as to allow an unobstructed view of the horizontal visual field through normal
distance corrective lenses.
(4) "Corrective lenses" means eyeglasses, contact lenses, and
intraocular lenses, but does not mean a bioptic telescopic device.
(5) "Daytime driving restriction" means a limitation on the
operation of a motor vehicle to:
(A) The period of time between thirty minutes after sunrise
and thirty minutes before sunset; and
(B) Weather conditions that do not significantly reduce the
visibility of the roadway, other traffic, and traffic control
devices.
(6) "Field expander" means a device used to compensate for
peripheral visual field loss.
(7) "Restricted out-of-state driver" means a person who has
been issued, by another state, a valid driver's license with a
restriction requiring the driver to use a bioptic telescopic
device.
(8) "Vision specialist" means a licensed ophthalmologist or
optometrist.
(9) "Visual acuity" means the measure of a person's clarity of
vision based on the Snellen visual acuity scale.
(10) "Visual field" means the area of physical space visible
to the eye in a given fixed position.
§17B-2B-2. Class G instruction permit or driver's license;
participation in approved driver training program;
eligibility criteria; required curriculum.
(a) A person who does not meet the visual acuity and visual
field standards established by the commissioner for licensure to
operate a motor vehicle in this state, but who is able to satisfy
the minimum vision requirements using a bioptic telescopic device
is eligible for a Class G instruction permit or driver's license
pursuant to this article if he or she is participating in or has
successfully completed an approved driver training program.
(b) An applicant is eligible to participate in an approved
driver training program if he or she:
(1) Submits to the commissioner and to the Division of
Rehabilitation Services a report of examination by a vision
specialist, on a form prescribed by the Division of Rehabilitation
Services, which certifies that:
(A) In the opinion of the vision specialist, the applicant's
vision can be corrected with the use of a bioptic telescopic device
and without field expanders to satisfy the minimum visual acuity
and visual field standards established by the commissioner;
(B) No ocular diagnosis or prognosis currently exists or is
likely to occur during the period of licensure which would cause
deterioration of the applicant's visual acuity or visual field to levels below the commissioner's minimum visual acuity and visual
field standards for licensure; and
(C) The applicant is a likely candidate for acceptance into an
approved driver training program; and
(2) Satisfies any other criteria for participation established
by the Division of Rehabilitation Services.
(c) An approved driver training program shall include, at a
minimum:
(1) Predriving instruction with regard to highway signs and
the rules of the road;
(2) Predriving instruction in proper use of bioptic telescopic
devices; and
(3) At least thirty hours of behind-the-wheel instruction in
driving with bioptic telescopic devices.
(d) The Division of Rehabilitation Services may waive
predriving instruction with regard to highway signs and the rules
of the road pursuant to subdivision (1), subsection (c) of this
section if the applicant:
(1) Has at least three years of experience driving with an
unrestricted license; and
(2) Passes the written examination provided in subdivision
(2), subsection (a), section (3) of this section.
§17B-2B-3. Class G instruction permit; eligibility criteria;
restrictions; duration of permit.
(a) An applicant is eligible for a Class G instruction permit
if he or she has:
(1) Been accepted into and enrolled in an approved driver
training program;
(2) Passed a written examination, in the manner prescribed by
the commissioner, testing the applicant's:
(A) Ability to read and understand highway signs regulating,
warning and directing traffic; and
(B) Knowledge of the traffic laws of this state; and
(3) Satisfied, at each stage of the licensing process, any
additional requirements for an instruction permit required by
article two of this chapter that are not addressed in this article.
(b) The commissioner may not issue a Class G instruction
permit until the applicant has surrendered any license he or she
currently holds to operate a motor vehicle.
(c) A Class G instruction permit authorizes the permittee to
operate a Class A passenger motor vehicle, weighing eight thousand
(8000) pounds or less, subject to the following restrictions:
(1) The applicant may drive only while using a bioptic
telescopic device;
(2) The applicant is subject to a daytime driving restriction;
(3) The applicant may drive only when accompanied by a
certified driver rehabilitation specialist or driver rehabilitation
educator; and
(4) Any other conditions or restrictions the commissioner
considers necessary to insure the safe operation of the motor
vehicle.
(d) A Class G instruction permit is valid for up to one year.
Upon expiration of the instruction permit, the applicant may
reapply for a new instruction permit, provided that he or she is
eligible pursuant to subsection (a) of this section.
§17B-2B-4. Class G driver's license; eligibility criteria;
duration of license; surrender of current license;
provisions not applicable to persons already
licensed to drive with bioptic device.
(a) A person who has obtained a Class G instruction permit may
obtain a Class G driver's license to operate a motor vehicle if he
or she has:
(1) Been certified by the Division of Rehabilitation Services
as having successfully completed an approved driver training
program, along with any agency recommendations regarding license
restrictions or modifications, including, but not limited to:
(A) Special adaptive equipment;
(B) Hours of permitted operation;
(C) Types of roads on which the applicant may operate a
vehicle; and
(D) How far from home the applicant may operate a vehicle;
(2) Submitted to the commissioner and to the Director of the
Division of Rehabilitation Services, on a form prescribed by the
Division of Rehabilitation Services, a report of examination by a
vision specialist, conducted after the applicant completes the
approved driver training program, certifying that the applicant
continues to meet the minimum visual acuity and visual field
standards established by the commissioner for licensure to operate
a motor vehicle;
(3) Successfully completed a comprehensive road skills
examination, conducted at a location determined by the
commissioner, with a certified driver rehabilitation specialist or
driver rehabilitation educator in the test vehicle along with the
driving examiner. The comprehensive road skills examination shall
include, at a minimum:
(A) A "passenger in car" test with bioptic telescopic device
in place designed to test competency in using the bioptic
telescopic device under stationary and dynamic conditions;
(B) A maneuverability skills test; and
(C) A standardized on-road test designed to test driving
competency of the applicant; and
(4) Satisfied, at each stage of the licensing process, any
additional requirements for licensure required by article two of
this chapter that are not addressed in this article;
(b) If an applicant fails the comprehensive road skills
examination three times, he or she is not eligible to retake the examination until he or she has successfully completed additional
training in an approved driver training program and been
recommended for retesting by the director of the program.
(c) An applicant who has a current license to operate a motor
vehicle other than a Class G driver's license must surrender his or
her current driver's license before the commissioner will issue a
Class G driver's license or instruction permit.
(d) Every Class G licensee must provide the commissioner with
a report of examination by a vision specialist, conducted no more
than three months prior to the annual anniversary of the issuance
of the license, certifying that the applicant continues to meet the
minimum visual acuity and visual field standards established by the
commissioner for licensure to operate a motor vehicle. The report
shall be submitted on a form prescribed by the commissioner.
§17B-2B-5. Restrictions on Class G driver's license; removal of
daytime driving restriction.
(a) A Class G driver's license authorizes the licensee to
operate a Class A passenger motor vehicle, weighing eight thousand
pounds or less, subject to the following restrictions:
(1) The applicant may drive only while using a bioptic
telescopic device;
(2) Daytime driving restriction; and
(3) Any other conditions or restrictions the commissioner
considers necessary to insure the safe operation of the motor
vehicle.
(b) An applicant to whom a Class G driver's license has been
issued may apply to the commissioner for removal of the daytime
driving restriction if the applicant has:
(1) Operated a motor vehicle for thirty-six months without an
at-fault accident, moving violation or license suspension;
(2) Submitted a report of a vision examination, conducted not
more than six months prior to the application, by a vision
specialist showing that the licensee's visual impairment is stable
and that he or she can see well enough to operate a vehicle at
night;
(3) Successfully completed additional evaluation and training,
in an approved driver training program, specifically designed for
night driving;
(4) Passed a comprehensive night driving examination.
§17B-2B-6. Restricted out-of-state drivers; required to obtain
Class G driver's license; surrender of current
license; waiver of requirement to participate in an
approved driver training program.
(a) A restricted out-of-state driver establishing residence in
West Virginia must apply for a Class G driver's license in this
state.
(b) To obtain a Class G driver's license, the restricted
out-of-state driver must:
(1) Satisfy all the requirements of licensure contained in
sections three and four of this article;
(2) Surrender his or her out-of-state driver's license to the
commissioner; and
(3) Provide the commissioner with a report of examination by
a vison specialist, conducted no more than ninety-days prior to the
application, showing that the applicant meets the minimum vision
standards.
(c) If, based upon an evaluation of the out-of-state driver's
abilities, along with any recommendations, the Division of
Rehabilitation Services certifies to the commissioner that the
restricted out-of-state driver was required, as a condition of
licensure in the other state, to complete training substantially
equivalent to the approved driver training program required by this
article, the commissioner may waive the requirement that the
restricted out-of-state driver complete an approved driver training
program in this state prior to licensure.
§17B-2B-7. Renewal of license.
(a) A Class G driver's license is valid for no more than two
years.
(b) To renew a Class G driver's license, the licensee must
submit a report of a comprehensive vision examination by a vision
specialist at least ninety-days prior to expiration of the license.
(c) If the vision specialist certifies that the conditions
causing the licensee's visual impairment are stable, and the licensee continues to satisfy the commissioner's minimum visual
acuity and visual field standards for licensure, the division shall
renew the license for a period of one year.
(d) If the vision specialist certifies that the conditions
causing the licensee's visual impairment are unstable or
deteriorating, the commissioner may require the licensee to undergo
additional testing or training before deciding whether to renew the
license.
(e) If any comprehensive vision examination by a vision
specialist determines that the licensee no longer satisfies the
minimum visual acuity or visual field standards for licensure, the
division shall not renew the license.
§17B-2B-8. Suspension, revocation and reinstatement of license.
(a) The commissioner may immediately suspend the Class G
driver's license of any driver who is involved in an accident
resulting in bodily injury or death, violates the restrictions
placed on his or her license or is convicted of more than one
moving violation within a twelve-month period, if the commissioner
makes a finding that allowing the licensee to continue to drive
pending resolution of the suspension would present a danger to the
public.
(b) The commissioner shall suspend the driver's license of any
licensee who fails to meet visual acuity or visual field minimum
standards.
(c) The commissioner shall suspend the driver's license of any
licensee who fails an evaluation of his or her abilty to safely
operate a motor vehicle by the division of rehabilitation's
driving training program.
(d) A licensee whose license is suspended pursuant to this
section may request a hearing within ten days of receiving the
commissioner's notice of immediate suspension. No stay of the
license suspension may be granted pending the hearing, but the
commissioner must conduct a requested hearing on the suspension of
the license within seventy days of receiving the request for a
hearing. Only the licensee may request a continuance, but no stay
of the suspension may be granted pending the delayed hearing.
§17B-2B-9. Commissioner and director to collect information
regarding Class G licensees; report to Legislature.
(a) The commissioner shall collect and monitor information
regarding accidents, license suspensions and revocations and
convictions of Class G licensees.
(b) On or before the first day of February, of each year after
the first Class G driver's license is issued:
(1) The commissioner shall provide to the Joint Committee on
Government and Finance a written report detailing:
(A) The number of Class G driver's licenses issued in the
previous calendar year; and
(B) Whether and to what extent holders of Class G driver's
licenses were, during the previous calendar year:
(i) Involved in vehicular crashes; or
(ii) The subject of proceedings to suspend or revoke their
licenses or were convicted of offenses involving moving violations,
the rules of the road, illegal substance use or legal substance
abuse.
(2) The Director of the Division of Rehabilitation Services
shall provide to the Joint Committee on Government and Finance a
written report detailing, for the previous calendar year:
(A) The number of applicants for the approved driver training
program;
(B) The number of persons who successfully completed the
program;
(C) The number of persons who failed to complete the program
and the reason for each failure; and
(D) The status of the approved driver training program's
funding and the extent to which persons who applied for the program
were able to pay the costs associated with it.
§17B-2B-10. Rules.
(a) The Director of the Division of Rehabilitation Services,
after consultation with the commissioner, shall propose legislative
rules for promulgation in accordance with article three, chapter
twenty-nine-a of this code establishing:
(1) Additional criteria, including minimum visual acuity and
visual field standards, for acceptance into an approved driver
training program;
(2) Additional curriculum requirements for an approved driver
training program;
(3) Standards for successful completion of an approved driver
training program;
(4) Standards for the comprehensive road skills test;
(5) Criteria for certifying whether an out-of-state driver
training program is substantially equivalent to an approved driver
training program in this state;
(6) Minimum requirements for additional driver training, if
required, including criteria for night time driving;
(7) Any other standards or criteria necessary to implement
this article.
(b) The commissioner, in collaboration with the Director of
the Division of Rehabilitation Services, shall propose legislative
rules for promulgation in accordance with article three, chapter
twenty-nine-a of this code establishing:
(1) Criteria for issuance of a Class G instruction permit or
driver's license, including minimum visual acuity and visual field
standards;
(2) Standards for imposing and removing additional
restrictions on an individual applicant's Class G instruction
permit or driver's license;
(3) Standards for suspension, revocation and reinstatement of
a Class G instruction permit or driver's license; and
(4) Any other standards or criteria necessary to implement
this article.
§17B-2B-11. Applicability.
Except for the provisions of subsection (d), section four of
this article requiring an annual report of vision examination to be
submitted to the commissioner, the provisions of this article are
not applicable to any person licensed by the commissioner to
operate a motor vehicle with a bioptic telescopic device prior to
the effective date of this article.