ENROLLED
H. B. 2258
(By Mr. Speaker, Mr. Kiss, and Delegate Trump)
[By Request of the Executive]
[Passed March 11, 1999; in effect ninety days from passage.]
AN ACT to amend and reenact section nine, article two, chapter
seventeen-a of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; to amend article two,
chapter seventeen-b of said code by adding thereto two new
sections, designated sections one-b and five-a; to amend and
reenact sections five, seven, seven-b, seven-c and fifteen
of said article; and to amend and reenact sections nine and
twenty-three, article one, chapter seventeen-e of said code,
all relating to testing for driver's licenses; requiring the
commissioner of motor vehicles to report possible or
suspected violations of law to the state police; transfer of driver's licensing examination functions from the state
police to the division of motor vehicles; delegation of
responsibilities; authorizing the division of motor vehicles
to administer the examinations of all applicants for motor
vehicle licenses, motorcycle licenses and commercial
driver's licenses; transferring the motorcycle license
examination fund to the division of motor vehicles;
authorizing the commissioner of said division to administer
the funds; and providing for retention of commercial drivers
license fees by the division.
Be it enacted by the Legislature of West Virginia:
That section nine, article two, chapter seventeen-a of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; that sections five, seven,
seven-b, seven-c and fifteen, article two, chapter seventeen-b of
said code be amended and reenacted; that said article be further
amended by adding thereto two new sections, designated sections
one-b and five-a; and that sections nine and twenty-three,
article one, chapter seventeen-e of said code be amended and
reenacted, all to read as follows:
CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION, CERTIFICATE OF TITLE, AND ANTITHEFT PROVISIONS.
ARTICLE 2. DEPARTMENT OF MOTOR VEHICLES.
§17A-2-9. Same -- Powers and duties; rules; seal.
(a) The commissioner shall observe, administer and enforce
the provisions of this chapter and all laws the enforcement of
which is now or hereafter vested in the department:
Provided,
That nothing in this chapter shall deprive the public service
commission of West Virginia of any of the duties or powers now
vested in it with regard to the regulation of motor vehicle
carriers.
(b) The commissioner may adopt and enforce any rules that
are necessary to carry out the provisions of this chapter and any
other laws the enforcement and administration of which are vested
in the department.
(c) The commissioner may adopt an official seal for the use
of the department.
(d) The commissioner shall, in instances where division
personnel become aware of a possible or suspected violation of
law where enforcement jurisdiction would be that of the West
Virginia state police, communicate the violation to the state
police.
CHAPTER 17B. MOTOR VEHICLE DRIVER'S LICENSES.
ARTICLE 2. ISSUANCE OF LICENSE, EXPIRATION AND RENEWAL.
§17B-2-1b. Transfer of driver's licensing examination function.
(a) Effective the first day of July, one thousand nine
hundred ninety-nine, the responsibility for driver's licensing
examinations and civilian employees of the West Virginia state
police whose primary governmental duties as of the thirtieth day
of June, one thousand nine hundred ninety-nine, involve the
examination of applicants for instruction permits and driver's
licenses shall be transferred from the West Virginia state police
to the division of motor vehicles.
(b) Effective the first day of July, one thousand nine
hundred ninety-nine, until the thirty-first day of December, two
thousand, the commissioner of motor vehicles may delegate
responsibility for the supervision of the civilian employees and
the operation of the examination program to the superintendent of
the West Virginia state police pending the orderly transfer and
hiring of the necessary personnel, transfer and purchase of
necessary equipment and supplies and the establishment of
suitable examination locations. The commissioner may also
reimburse the West Virginia state police for the services of personnel, equipment, supplies and office space at state police
facilities necessary to maintain the examination program at its
current level of service during the transfer period. The
commissioner may also utilize existing state police locations as
examination and licensing locations unless in his or her opinion,
more suitable locations are available. The commissioner shall
reimburse the West Virginia state police for that use.
§17B-2-5. Qualifications, issuance and fee for instruction
permits.
(a) Any person who is at least fifteen years of age may
apply to the division for an instruction permit. The division
may, in its discretion, after the applicant has successfully
passed all parts of the examination other than the driving test
and presented documentation of compliance with the provisions of
section eleven, article eight, chapter eighteen of this code,
issue to the applicant an instruction permit which entitles the
applicant while having the permit in his or her immediate
possession to drive a motor vehicle upon the public highways when
accompanied by a licensed driver of at least twenty-one years of
age, a driver's education or driving school instructor that is
acting in an official capacity as an instructor, or a certified division license examiner acting in an official capacity as an
examiner, who is occupying a seat beside the driver, except in
the event the permittee is operating a motorcycle. In no event
may the permittee operate a motorcycle upon a public highway
until reaching sixteen years of age.
Any instruction permit issued to a person under the age of
sixteen years expires sixty days after the permittee reaches
sixteen years of age:
Provided, That only permittees who have
reached their sixteenth birthday may take the driving examination
as provided in section six of this article. The instruction
permit may be renewed for one additional period of sixty days.
Any permit issued to a person who has reached the age of sixteen
years is valid for a period of sixty days and may be renewed for
an additional period of sixty days or a new permit issued. The
fee for the instruction permit is four dollars, one dollar of
which shall be paid into the state treasury and credited to the
state road fund, and the other three dollars of which shall be
paid into the state treasury and credited to the general fund to
be appropriated to the state police for application in the
enforcement of the road law.
(b) Any person sixteen years of age or older may apply to
the division for a motorcycle instruction permit. The division
may, in its discretion, after the applicant has successfully
passed all parts of the motorcycle examination other than the
driving test, and presented documentation of compliance with the
provisions of section eleven, article eight, chapter eighteen of
this code, issue to the applicant an instruction permit which
entitles the applicant while having the permit in his or her
immediate possession to drive a motorcycle upon the public
streets or highways for a period of ninety days, during the
daylight hours between sunrise and sunset only. No holder of a
motorcycle instruction permit shall operate a motorcycle while
carrying any passenger on the vehicle.
A motorcycle instruction permit is not renewable, but a
qualified applicant may apply for a new permit. The fee for a
motorcycle instruction permit is five dollars, which shall be
paid into a special fund in the state treasury known as the
motorcycle license examination fund as established in section
seven-c, article two of this chapter.
§17B-2-5a. Training, certification and monitoring of license examiners.
The commissioner shall train, certify and monitor those
employees of the division of motor vehicles designated by the
commissioner as license examiners regarding the administration of
licensing application and testing procedures for the purpose of
ensuring compliance with statutory and regulatory requirements.
§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 of the birth certificate, as evidence that the
applicant is of lawful age, 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.
(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 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. To the extent practicable, the commissioner shall
utilize 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.
§17B-2-7b. Separate examination and endorsement for a license
valid for operation of motorcycle.
The state police shall administer a separate motorcycle
examination for applicants for a license valid for operation of
a motorcycle. On and after the first day of July, two thousand,
the division of motor vehicles shall administer the examination
provided for in this section. Any applicant for a license valid
for operation of a motorcycle shall be required to successfully
complete the motorcycle examination, which is in addition to the
examination administered pursuant to section seven of this
article: Provided,
That the commissioner may exempt an applicant
for a motorcycle driver license or endorsement from all or part of the motorcycle license examination as provided in section six,
article one-d of this chapter. The motorcycle examination shall
test the applicant's knowledge of the operation of a motorcycle
and of any traffic laws specifically relating to the operation of
a motorcycle and shall include an actual demonstration of the
ability to exercise ordinary and reasonable control in the
operation of a motorcycle. An applicant for a license valid for
the operation of only a motorcycle shall be tested as provided in
this section and in section seven of this article, but need not
demonstrate actual driving ability in any vehicle other than a
motorcycle. The examination provided in this section shall not
be made a condition upon the renewal of the license of any person
under this section.
For an applicant who successfully completes the motorcycle
examination, upon payment of the required fee, the division shall
issue a motorcycle endorsement on the driver's license of the
applicant, or shall issue a special motorcycle-only license if
the applicant does not possess a driver's license.
. Every person, including those holding a valid driver's
license, is required to take the examination specified in this section to obtain a motorcycle license or endorsement.
§17B-2-7c. Motorcycle license examination fund.
There is hereby created a special revolving fund in the
state treasury which shall be designated as the "motorcycle
license examination fund". The fund shall consist of all moneys
received from fees collected for motorcycle instruction permits
under this article and any other moneys specifically allocated to
the fund. The fund shall not be treated by the auditor or
treasurer as part of the general revenue of the state. The fund
shall be used and paid out upon order of the West Virginia state
police solely for the purposes specified in this article. On the
thirtieth day of June, two thousand, the special revolving fund
created in this section shall be established under the division
of motor vehicles and shall be paid out upon order of the
commissioner. Any unexpended balance remaining in the special
revolving fund on the thirtieth day of June, two thousand, shall
be transferred to the fund established under the division of
motor vehicles.
The fund shall be used by the division to defray the costs
of implementing and administering a special motorcycle license examination, including a motorcycle driving test.
§17B-2-15. Authority for rules.
The commissioner may propose legislative rules for
promulgation that are necessary to carry out the examination,
license and endorsement provisions of this chapter and the
provisions regarding motor vehicle registration in accordance
with the provisions of article three, chapter twenty-nine-a of
this code.
CHAPTER 17E. UNIFORM COMMERCIAL DRIVER'S LICENSE ACT.
ARTICLE 1. COMMERCIAL DRIVER'S LICENSE.
§17E-1-9. Commercial driver license qualification standards.
(a) (1) General. -- No person may be issued a commercial
driver's license unless that person is a resident of this state
and has passed a knowledge and skills test for driving a
commercial motor vehicle which complies with minimum federal
standards established by federal regulations enumerated in 49
C.F.R. part 383, sub-parts G and H, and has satisfied all other
requirements of the Federal Commercial Motor Vehicle Safety Act
in addition to other requirements imposed by state law or federal
regulations. The tests will be administered by the West Virginia state police according to rules promulgated by the commissioner.
After the thirtieth day of June, two thousand, the tests will be
administered by the division of motor vehicles.
(2) Third party testing. -- The commissioner may authorize
a person, including an agency of this or another state, an
employer, private individual or institution, department, agency
or instrumentality of local government, to administer the skills
test specified by this section: Provided, That: (i) The test is
the same which would otherwise be administered by the state; and
(ii) the party has entered into an agreement with the state which
complies with the requirements of 49 C.F.R. part 383.75.
(3) Indemnification of driver examiners. -- No person who
has been officially trained and certified by the state as a
driver examiner, who administers a driving test, and no other
person, firm or corporation by whom or with which that person is
employed or is in any way associated, may be criminally liable
for the administration of the tests, or civilly liable in damages
to the person tested or other persons or property unless for
gross negligence or willful or wanton injury.
(4). The West Virginia state police shall monitor third party testing according to rules promulgated by the commissioner.
After the thirtieth day of June, two thousand, the division shall
monitor third party testing.
(b) Waiver of skills test. -- The commissioner may waive the
skills test specified in this section for a commercial driver
license applicant who meets the requirements of 49 C.F.R. part
383.77 and those requirements specified by the commissioner.
(c) Limitations on issuance of license. -- A commercial
driver's license or commercial driver's instruction permit may
not be issued to a person while the person is subject to a
disqualification from driving a commercial motor vehicle, or
while the person's driver's license is suspended, revoked or
canceled in any state; nor may a commercial driver's license be
issued by any other state unless the person first surrenders all
such licenses to the department, which must be returned to the
issuing state(s) for cancellation. The division shall issue a
restricted commercial driver's license to a person who has failed
to pay overdue child support or comply with subpoenas or warrants
relating to paternity or child support proceedings, if a circuit
court orders restrictions of the person's license as provided in article five-a, chapter forty-eight-a of this code.
(d) Commercial driver's instruction permit. -- (1) A
commercial driver's instruction permit may be issued to an
individual who holds a valid operator or Class "D" driver license
who has passed the vision and written tests required for issuance
of a commercial driver license. (2) The commercial instruction
permit may not be issued for a period to exceed six months. Only
one renewal or reissuance may be granted within a two-year
period. The holder of a commercial driver's instruction permit
may drive a commercial motor vehicle on a highway only when
accompanied by the holder of a commercial driver license valid
for the type of vehicle driven who occupies a seat beside the
individual for the purpose of giving instruction or testing. (3)
A commercial driver's instruction permit may only be issued to an
individual who is at least eighteen years of age and has held an
operator's or junior operator's license for at least two years.
(4) The applicant for a commercial driver's instruction permit
shall also be otherwise qualified to hold a commercial driver's
license.
§17E-1-23. Funding for the commercial driver's license fees.
Each application for a commercial driver's license shall be
accompanied by the fees provided for in this section and the fees
shall be deposited in a special revolving fund for the operation
by the division of its functions established by this chapter.
The fee for a commercial driver's license shall be
established by the commissioner to cover all necessary costs for
program administration. The fees for knowledge and road testing
shall also be established by the commissioner to cover all
program costs projected to be incurred by the division and the
West Virginia state police. The commissioner shall transfer into
a special revolving fund under the control of the superintendent
of the West Virginia state police those amounts required by the
West Virginia state police and determined by the commissioner as
necessary to administer its responsibilities under this article
until the first day of July, two thousand.
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