COMMITTEE SUBSTITUTE
FOR
H. B. 2059
(By Delegates Doyle and Manuel)
(Originating in the Committee on the Judiciary)
[April 1, 1997]
A BILL to amend and reenact section seven, article two, chapter
seventeen-b of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to motor vehicle
driver licenses; examination of applicants; and retesting
periods for persons under the age of eighteen years.
Be it enacted by the Legislature of West Virginia:
That section seven, article two, chapter seventeen-b of the
code of West Virginia, one thousand nine hundred thirty-one, 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 by the applicant under the age of
eighteen years of the applicant's birth certificate, or a
certified copy thereof, as evidence that the applicant is of
lawful age, the division of public safety 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
or drugs upon persons and the dangers of driving a
motor vehicle under the influence of alcohol
or drugs, and shall
include an actual demonstration of ability to exercise ordinary
and reasonable control in the operation of a motor vehicle, and
such further physical and mental examination as the division of
motor vehicles and the division of public safety deems necessary
to determine the applicant's fitness to operate a motor vehicle
safely upon the highways.
(b) The commissioner and superintendent of public safety
shall promulgate legislative rules in accordance with the
provisions of 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 of public safety shall be in accordance with such rules.
The rules shall provide for the viewing of educational material
or films on the medical, biological, and psychological effects of
alcohol
or drugs upon persons, the dangers of driving a motor
vehicle while under the influence of alcohol
or drugs and the
criminal penalties and administrative sanctions for alcohol and
drug related motor vehicle violations.
In addition, the rules
shall provide that in the case of applicants under eighteen years
of age, retesting or reexamination after the applicant has failed
the driving examination, for any reason except equipment failure,
may not be made sooner than one week seven days one week after the driving
after the driving examination was failed. If the driving examination failure was
due solely to equipment failure, retesting or reexamination may
occur at any time the equipment failure is corrected or at any
time in another vehicle.
(c) After successful completion of the examination required
by this section 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,
junior 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
or drugs. To the extent practicable, the commissioner
shall utilize as lecturers at such classes persons who can relate
first-hand experiences as victims or family members of victims of
alcohol
or drug-related accidents or drivers who have been
involved in alcohol
or drug-related accidents which caused
serious bodily injury or death.
NOTE: This bill restricts retesting for drivers license,
persons who are under 18 years of age, to no sooner than 1 week
from the time the test was failed, except if failure is due
solely to equipment failure. In case of the latter, retesting
may be done sooner than one week.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.