H. B. 2634
(By Delegate Warner)
[Introduced February 3, 1999; referred to the
Committee on Roads and Transportation then Finance.]
A BILL to amend and reenact sections one, one-a, two, three,
three-a, five, six, seven, seven-b, seven-c, eight, twelve,
thirteen and fifteen, article two, chapter seventeen-b of
the code of West Virginia, one thousand nine hundred
thirty-one, as amended; to amend and reenact sections one,
two, three, four, five, eight and nine, article six, chapter
eighteen of said code; and to amend and reenact section
eleven, article eight of said chapter eighteen, all relating
to implementing a graduated driver's license program for
persons under the age of eighteen; providing time frames
for new residents to obtain a driver's license, lowering the
minimum age for obtaining an identification card,
establishing motorcycle size operating restrictions based on
size of motorcycle used in skills test, establishing minimum
thirty day instruction period prior to skills test for previously unlicensed applicants, increasing time period for
reporting change of address caused by government mandates;
and making other technical changes relating to changing
related sections to reflect new graduated license, updating
code cross reference and correcting obsolete language.
Be it enacted by the Legislature of West Virginia:
That sections one, one-a, two, three, three-a, five, six,
seven, seven-b, seven-c, eight, twelve, thirteen and fifteen,
article two, chapter seventeen-b of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, be amended and
reenacted; that sections one, two, three, four, five, eight and
nine, article six, chapter eighteen of said code be amended and
reenacted; and that section eleven, article eight of said chapter
eighteen be amended and reenacted, all to read as follows:
CHAPTER 17B. MOTOR VEHICLE DRIVER'S LICENSES.
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) 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, as used in article
twenty-four, chapter eight of this code, when the use of such the subdivision street is generally used by the public unless the
person has a valid driver's license under the provisions of this
code for the type or class of vehicle being driven.
Any person licensed to operate a motor vehicle as provided in
this code may exercise the privilege thereby granted as provided
in this code and, except as otherwise provided by law, shall may
not be required to obtain any other license to exercise such 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
vehicle or vehicles the licensee may operate in accordance with
the provisions of this code, federal law or rule.
(c) Driver's licenses issued by the division shall must be
classified in the following manner:
(1) Class A, B or C license shall be issued to those persons
eighteen years of age or older with two years driving experience
and who have qualified for the commercial driver's license
established by chapter seventeen-e of this code and the federal
Commercial Motor Vehicle Safety Act of 1986, Title XII of public
law 99870 99-570 and subsequent rules, and have paid the required
fee.
(2) Class D license shall be issued to those persons eighteen
years and older with one year 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 purposes of the regulation of the operation of a
motor vehicle, wherever the term chauffeur's license is used in
this code, it shall be construed to mean means 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 who is
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 which is registered or which is required to be
registered as a Class A motor vehicle as that term is defined in
section three, 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) Class E license shall be issued to those persons who have
qualified 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 license of any person under the age of
eighteen must also be endorsed with the appropriate graduated license level in accordance with the provisions of section three- a of this article.
(4) Class F license shall be issued to those persons who
successfully complete the motorcycle examination procedure
provided for by this chapter and have paid the required fee, but
who do not possess a Class A, B, C and D or E driver's license.
(d) No person, except those hereinafter expressly exempted,
shall may drive any motorcycle upon a street or highway in this
state or upon any subdivision street, as used in article
twenty-four, chapter eight of this code, when the use of such the
subdivision street is generally used by the public unless the
person has a valid motorcycle license or a valid license which
has been endorsed under section seven-b of this article for
motorcycle operation or has a valid motorcycle instruction
permit.
(e) (1) A nonoperator 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) Does not have a valid driver's license;
(C) Has reached the age of sixteen five years. However the
division may issue a nonoperator identification card to a person
under the age of five years for good cause shown;
(D) Has paid the required fee of ten dollars: Provided, That
such the fee is not required if the applicant is sixty-five years
or older or is legally blind; and
(E) 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 nondriver identification card shall must contain the
same information as a driver's license except that such the
identification card shall be clearly marked as identification
card. However, the division may issue an identification with
less information to persons under the age of sixteen. The
identification card shall expire expires every four five years
except as herein provided. It may be renewed on application and
payment of the fee required by this section.
(A) After the thirtieth day of June, one thousand nine
hundred ninety-six, Every identification card issued to persons
who have attained their twenty-first birthday shall expire
expires on the last day of the month in which the applicant's
birthday occurs in those years in which the applicant'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 nor more than seven years and such the
identification card shall may be renewed in the month in which
the applicant's birthday occurs and shall may be valid for a period of five years expiring in the month in which the
applicant's birthday occurs and in a year in which the
applicant's age is evenly divisible by five.
(B) Every identification card issued to persons who have not
attained their twenty-first birthday shall expire expires on the
last day of the month in the year in which the applicant attains
the age of twenty-one years.
(3) The identification card shall must be surrendered to the
division when the holder is issued a driver's license. 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.
§17B-2-1a. Surrender of license from other state or jurisdiction
prior to receipt of license from this state; examination; fees required.
(a) The division of motor vehicles shall may not issue a
driver's license to a person who holds a valid license to operate
a motor vehicle issued by another state or jurisdiction unless or
until the applicant shall surrender surrenders to the division
the foreign license, or such the person has signed and submitted
to the division an affidavit to the effect that such the person
has surrendered all valid licenses issued to him or her by other
states or jurisdictions. Any surrendered license issued by any other state or jurisdiction shall must be returned to the
division of motor vehicles or similar agency in that state or
jurisdiction together with a notice that the person who
surrendered the license has been licensed in this state. It
shall be is unlawful for a person to possess more than one valid
driver's license at any time.
(b) Every driver must, within thirty days after taking up
residence in this state, apply to the division for a driver's
license as prescribed in this article. For the purposes of this
chapter the presumption that a natural person is a resident of
this state is based on the provisions of section one-a, article
three, chapter seventeen-a of this code.
(c) All other applicable provisions of this article relating
to issuance, fees, expiration and renewal of licenses, and driver
examination of applicants shall also apply to this section. The
division may assign the driver's license class, type,
endorsements or restrictions based on the applicant's prior
licensing status, age and the type of licensing system used by
the state of prior licensing.
§17B-2-2. Persons exempt from license.
The following persons are exempt from license hereunder:
(1) Any person while operating a motor vehicle in the armed
services of the United States while in the performance of his
official duties;
(2) A nonresident who is at least sixteen years of age and
who has in his immediate possession a valid driver's license
issued to such the person in such the person's home state or
country may operate a motor vehicle in this state only as an
operator for a period not to exceed ninety days in any one
calendar year;
(3) A nonresident who is at least sixteen years of age, who
has in such that person's immediate possession a valid driver's
license issued to such that person in such that person's home
state or country and who is employed in this state, or owns,
maintains or operates a place or places of business in this
state, or engages in any trade, profession or occupation in this
state, in addition to the driving privileges extended under
subdivision (2) of this section, may operate a motor vehicle in
this state only as an operator in traveling to and from such that
person's place or places of employment, place or places of
business or place or places at which such that person engages in
such the trade, profession or occupation and in the discharge of
the duties of such that person's employment, business, trade,
profession or occupation if such the duties are such that, if
performed by a resident of the state of West Virginia over the
age of eighteen years of age, such that resident would not be
required under the provisions of this chapter to obtain a Class
A, B, C or D driver's license;
(4) A nonresident who is at least eighteen years of age and
who has in such that person's immediate possession a valid
commercial driver's license issued to such that person in such
that person's home state or country may operate a motor vehicle
in this state either as a commercial operator subject to the age
limits applicable to commercial operators in this state, or as an
operator subject to the limitations imposed on nonresident
operators in subdivisions (2) and (3) of this section;
(5) Any person who is a student, properly enrolled and
registered in an accredited school, college or university in this
state, who is at least sixteen years of age and who has in such
that person's immediate possession a valid driver's license
issued to such that person in such that person's home state,
notwithstanding the limitations of subdivisions (2) and (3) of
this section may operate a motor vehicle in this state only as an
operator: Provided, That the state of which such that person is
a resident shall extend the same privileges to residents of this
state. This exemption shall be is canceled immediately when such
the student is graduated from school, college or university or is
expelled or ceases to be a student.
§17B-2-3. What persons shall not be licensed; exceptions.
The division shall may not issue any license hereunder:
(1) To any person, as an operator, who is under the age of
eighteen years: Provided, That the division may issue a junior driver's license or on or after the first day of July, two
thousand, a graduated driver's license to a person under the age
of eighteen years in accordance with the provisions of section
three-a of this article;
(2) To any person, as a Class A, B, C or D driver, who is
under the age of eighteen years;
(3) To any person, whose license has been suspended, during
such suspension, nor to any person whose license (other than a
junior driver's license, or, on or after the first day of July,
two thousand, a graduated driver's license) has been revoked,
except as provided in section eight, article three of this
chapter;
(4) To any person who is an habitual drunkard or is addicted
to the use of narcotic drugs;
(5) To any person as an operator or chauffeur, who has
previously been adjudged to be afflicted with or suffering from
any mental disability or disease and who has not at the time of
application been restored to competency by judicial decree or
released from a hospital for the mentally incompetent upon the
certificate of the superintendent of the institution that the
person is competent, and not then unless the commissioner is
satisfied that the person is competent to operate a motor vehicle
with a sufficient degree of care for the safety of persons or
property;
(6) To any person who is required by this chapter to take an
examination, unless the person has successfully passed the
examination;
(7) To any person when the commissioner has good cause to
believe that the operation of a motor vehicle on the highways by
the person would be inimical to public safety or welfare;
(8) To any person who is not a resident of the state of West
Virginia.
§17B-2-3a. Junior driver's license and graduated driver's
license.
(a) In accordance with rules established by the commissioner
and with the provisions hereinafter set forth in this section, a
junior driver's license may be issued to any person between the
ages of sixteen and eighteen years, if the person is in
compliance with section eleven, article eight, chapter eighteen
of this code and is not otherwise disqualified by law.
Application for a junior driver's license shall must be on a form
prescribed by the commissioner. A junior driver's license may be
issued upon the applicant's successful completion of all
examinations and driving tests required by law for the issuance
of a driver's license to a person eighteen years of age or older.
The commissioner may impose reasonable conditions or restrictions
on the operation of a motor vehicle by a person holding a junior driver's license and the conditions or restrictions shall must be
printed on the license. After the thirtieth day of June, two
thousand, the division shall not issue a junior driver's license
to any person. However, any junior drivers license issued before
the first day of July, two thousand, unless otherwise suspended,
revoked or canceled, continues to be valid, and under the same
restrictions, until the licensee's eighteenth birthday.
(b) In addition to all other provisions of this chapter for
which a driver's license may be revoked, suspended or canceled,
whenever a person holding a junior driver's license operates a
motor vehicle in violation of the conditions or restrictions set
forth on the license, or has a record of two convictions for
moving violations of the traffic regulations and laws of the
road, which convictions have become final, the junior driver's
license of the person shall be permanently revoked, with like
effect as if the person had never held a junior driver's license:
Provided, That a junior driver's license shall be revoked upon
one final conviction for any offense described in section five,
article three of this chapter. Under no circumstances shall such
may a license be revoked for convictions of offenses in violation
of any regulation or law governing the standing or parking of
motor vehicles.
(c) A junior driver's license shall be suspended for
noncompliance with the provisions of section eleven, article eight, chapter eighteen of this code, and may be reinstated upon
compliance.
(d) A person whose junior driver's license has been revoked,
or has been suspended without reinstatement, shall may not
thereafter receive a junior driver's license, but the person,
upon attaining the age of eighteen, shall be is eligible, unless
otherwise disqualified by law, for examination and driver testing
for a regular driver's license. If a person has had his or her
junior driver's license revoked for a violation pursuant to
section one or two, article five-a, chapter seventeen-c of this
code or any offense specified in subsection (6), section five,
article three of this chapter, or has been adjudicated delinquent
upon a charge which would be a crime under the provisions of
section two, article five, chapter seventeen-c of this code if
committed by an adult, the person shall be is disqualified for
examination and driver testing for a regular driver's license
until that person: (1) Has attained the age of eighteen years;
(2) has successfully completed the safety and treatment program
provided for in section three, article five-a, chapter seventeen- c of this code; and (3) has had his or her junior driver's
license revoked or suspended for the applicable statutory period
of revocation or suspension or a period of time equal to the
period of revocation or suspension which would have been imposed
pursuant to section two of said article if the person had a regular driver's license at the time of the violation.
(e) No person shall may receive a junior driver's license
unless the application therefor is accompanied by a writing, duly
acknowledged, consenting to the issuance of the junior driver's
license and executed by the parents of the applicant; or if only
one parent is living, then by such that parent; or if the parents
be are living separate and apart, by the one to whom the custody
of the applicant was awarded; or if there is a guardian entitled
to the custody of the applicant, then by the guardian.
(f) Upon attaining the age of eighteen years, a person
holding an unrevoked, unsuspended or reinstated junior driver's
license shall be is entitled to exercise all the privileges of a
regular driver's license without further examination or driver
testing.
(g) After the thirtieth day of June, two thousand, any person
under the age of eighteen who does not possess a junior or
regular driver's license may not operate a motor vehicle unless
he or she has obtained a graduated driver's license in accordance
with the three level graduated driver's license system described
in the following provisions.
(h) Any person under the age of twenty-one, regardless of
class or level or licensure, who operates a motor vehicle with
any measurable alcohol in his or her system is subject to the
provisions of section two, article five, and section two, article five-a of chapter seventeen-c of this code. Any person under the
age of eighteen, regardless of class or licensure level, is
subject to the mandatory school attendance provisions of section
eleven, article eight, chapter eighteen of this code.
(i) Level One Instruction Permit-- An applicant fifteen years
and six months or older meeting all other requirements prescribed
in this code may be issued a level one instruction permit.
(1) Eligibility-- The division may not issue a level one
instruction permit unless the applicant:
(A) Presents a completed application, as prescribed by the
provisions of section six of this article, and which is
accompanied by a writing, duly acknowledged, consenting to the
issuance of the graduated driver's license and executed by a
parent or guardian entitled to custody of the applicant;
(B) Presents a certified birth certificate issued by a state
or other governmental entity responsible for vital records,
evidencing that the applicant meets the minimum age requirement;
(C) Passes the vision and written knowledge examination, and
completes the driving under the influence awareness program, as
prescribed in section seven of this article;
(D) Presents a current school enrollment form or otherwise
shows compliance with the provisions of section eleven, article
eight, chapter eighteen of this code; and
(E) Pays a fee of five dollars.
(2) Terms and conditions of instruction permit-- A level one
instruction permit issued under the provisions of this section is
valid for a period of one year and is not renewable. However,
any permit holder who allows his or her permit to expire prior to
successfully passing the road skills portion of the driver
examination, and who has not committed any offense which requires
the suspension, revocation or cancellation of the instruction
permit, may reapply for a new instruction permit. The division
shall immediately revoke the permit upon receipt of a second
conviction for a moving violation of traffic regulations and
laws of the road or violation of the terms and conditions of a
level one instruction permit, which convictions have become final
unless a greater penalty is required by this section or any other
provision of this code. Any person whose instruction permit has
been revoked is disqualified from retesting for a period of
ninety days. However, after the expiration of ninety days, that
person may retest if otherwise eligible. In addition to all
other provisions of this code for which a driver's license may be
restricted, suspended, revoked or canceled, the holder of a level
one instruction permit may only operate a motor vehicle under the
following conditions:
(A) Under the direct supervision of a licensed driver,
twenty-one years of age or older, or a driver's education or
driving school instructor who is acting in an official capacity as an instructor, who is fully alert and unimpaired, and the
only other occupant of the front seat. The vehicle may be
operated with a maximum of two additional passengers;
(B) Between the hours of five a.m. and ten p.m.;
(C) All occupants must use safety belts unless exempted in
accordance with the provisions of subsection (b), section
forty-nine, article fifteen, chapter seventeen-c of this code;
(D) Without any measurable blood alcohol content, in
accordance with the provisions of subsection (h), section two,
article five, chapter seventeen-c of this code; and
(E) Maintains current school enrollment or otherwise shows
compliance with the provisions of section eleven, article eight,
chapter eighteen of this code.
(j) Level Two Intermediate Driver's License-- An applicant
sixteen years of age or older, meeting all other requirements of
the code, may be issued a level two intermediate driver's
license.
(1) Eligibility -- The division may not issue a level two
intermediate driver's license unless the applicant:
(A) Presents a completed application as prescribed in section
six of this article;
(B) Has held the level one instruction permit conviction free
for the one hundred eighty days immediately preceding the date of
application for a level two intermediate license;
(C) Has completed either a driver's education course approved
by the state department of education or fifty hours of behind the
wheel driving experience certified by a parent or legal guardian
on the form prescribed by the division;
(D) Presents a current school enrollment form or otherwise
shows compliance with the provisions of section eleven, article
eight, chapter eighteen of this code;
(E) Passes the road skills examination as prescribed by
section seven of this article; and
(F) Pays a fee of five dollars.
(2) Terms and conditions of a level two intermediate driver's
license-- A level two intermediate driver's license issued under
the provisions of this section is valid until the last day of the
month of the applicant's eighteenth birthday, or until the
licensee qualifies for a level three full Class E license,
whichever comes first. In addition to all other provisions of
this code for which a driver's license may be restricted,
suspended, revoked or canceled, the holder of a level two
intermediate driver's license may only operate a motor vehicle
under the following conditions:
(A) Unsupervised between the hours of five a.m. and ten p.m.;
(B) Only under the direct supervision of a licensed driver,
age twenty-one years or older, between the hours of ten p.m. and
five a.m. except when the licensee is going to or returning from:
(i) Lawful employment;
(ii) A school sanctioned activity;
(iii) A religious event; or,
(iv) An emergency situation that requires the licensee to
operate a motor vehicle to prevent bodily injury or death of
another;
(C) All occupants shall use safety belts unless exempted in
accordance with the provisions of subsection (b), section
forty-nine, article fifteen, chapter seventeen-c of this code;
(D) Operates the vehicle with a maximum of three passengers
in addition to the driver;
(E) Without any measurable blood alcohol content in
accordance with the provisions of subsection (h), section two,
article five, chapter seventeen-c of this code:
(F) Maintains current school enrollment or otherwise shows
compliance with the provisions of section eleven, article eight,
chapter eighteen of this code;
(G) Upon the first conviction for a moving traffic violation
or a violation of (A), (B) , (C) or (D) above of the terms and
conditions of a level two intermediate driver's license, the
licensee shall enroll in an approved driver improvement program
unless a greater penalty is required by this section or by any
other provision of this code; and
(H) Upon the second conviction for a moving traffic violation or a violation of the terms and conditions of the level two
intermediate driver's license, the licensee's privilege to
operate a motor vehicle shall be revoked or suspended for the
applicable statutory period or until the licensee's eighteenth
birthday, whichever is longer unless a greater penalty is
required by this section or any other provision of this code.
Any person whose driver's license has been revoked as a level two
intermediate driver, upon reaching the age of eighteen years and
if otherwise eligible may reapply for an instruction permit, then
a driver's license in accordance with the provisions of sections
five, six and seven of this article.
(k) Level Three, Full Class E License-- A licensee at least
seventeen years of age, who meets all other requirements of the
code, may be issued a level three full Class E license without
further examination or driver testing.
(1) Eligibility-- The division may not issue a level three
full Class E license unless the licensee has reached the age of
eighteen and paid the appropriate fees; or
(A)Presents a completed application as prescribed by the
provisions of section six of this article;
(B) Has held the level two intermediate license conviction- free for the twelve month period immediately preceding the date
of application;
(C) Has completed any driver improvement program required under subsection (k); and
(D) Pays a fee of two dollars and fifty cents for each year
the license is valid. An additional fee of fifty cents shall be
collected to be deposited in the combined voter registration and
driver's licensing fund established in the provisions of section
twelve, article two, chapter three of this code.
(2) Terms and conditions of the level three, full Class E
license-- The level three license is valid until the last day of
the month of the licensee's twenty-first birthday. Unless
otherwise provided in this section or any other section of the
code, the holder of a level three, full Class E license is
subject to the same terms and conditions as the holder of a
regular Class E driver's license. However, nothing in this
subsection may be construed as conferring upon the licensee, any
benefit or duty determined solely by age.
(l) Unless a greater penalty is required in this code, any
person who violates the restrictions, terms or conditions of
either a level one instruction permit or a level two intermediate
graduated driver's license is guilty of a misdemeanor and, upon
conviction, shall be punished by a fine of not more than five
hundred dollars or by imprisonment for not more than six months
or by both such fine and imprisonment in accordance with the
provisions of article five of this chapter.
§17B-2-5. Qualifications, issuance and fee for instruction permits.
(a) Any person who is at least fifteen eighteen years of age
may apply to the division for an instruction permit. The
division may, in its discretion, after the applicant has appeared
before the department of public safety West Virginia state police
and successfully passed all parts of the examination other than
the driving road skills 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 shall entitle entitles the applicant
while having such the permit in such the person's 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 or a driver's education or driving school instructor that is
acting in an official capacity as an instructor, who is alert and
unimpaired and who is occupying a seat beside the driver, except
in the event the permittee is operating a motorcycle, but in no
event shall may the permittee be allowed to operate a motorcycle
upon a public highway until reaching sixteen years of age.
Any such instruction permit issued to a person under the age
of sixteen years shall expire sixty days after the permittee
reaches sixteen years of age: Provided, That only permittees who
have reached their sixteenth birthday are eligible to 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 such instruction permit issued to a person
who has reached the age of sixteen eighteen years shall be is
valid for a period of sixty days and may be renewed within a
period of sixty days after expiration for an additional period of
sixty days. or a new permit issued The fee for such the
instruction permit shall be 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 department of public safety West Virginia
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. On and after the
first day of July, two thousand, any person under the age of
eighteen must have first successfully obtained a level two
intermediate license, junior driver's license or driver's license
before being eligible for a motorcycle instruction permit. The
division of motor vehicles may, in its discretion, after the
applicant has appeared before the division of public safety West
Virginia state police and successfully passed all parts of the
motorcycle examination other than the driving motorcycle road
skills 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 such permit in such the
person's 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 may 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 shall be 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-2-6. Application for license or instruction permit; fee to
accompany application.
Every application for an instruction permit or for a driver's
license shall be made upon a form furnished by the division.
Every application shall be accompanied by the proper fee and
payment of such the fee shall entitle entitles the applicant age
eighteen or older to not more than three attempts to pass the
examination within a period of no fewer than thirty days nor more
than sixty days from the date of application. except that No applicant who fails either the written test or the road skills
test may be examined twice retested within a period of one week.
Any person who has not been previously licensed must hold an
instruction permit for a minimum of thirty days. For the
purposes of this section, the term previously licensed means a
person who has obtained at least a level two or comparable
graduated license issued under the provisions of this article or
a comparable level or greater if previously licensed in another
state.
Every said application shall state the full name, date of
birth, sex and residence address of the applicant, and briefly
describe the applicant, and shall state whether the applicant has
theretofore been a licensed driver and, if so, when and by what
state or country, and whether any such license has ever been
suspended or revoked within the five years next preceding the
date of application, or whether an application has ever been
refused, and, if so, the date of and reason for such suspension,
revocation or refusal, and such other pertinent information as
the commissioner may require.
§17B-2-7. Examination of applicants.
(a) Upon the presentment by the applicant under the age of
eighteen years of the applicant's certified birth certificate,
issued by a state or other governmental entity responsible for
vital records, or a certified copy thereof as evidence that the applicant is of lawful age, and verifiable identity the division
of public safety West Virginia state police 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; 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 West Virginia state
police deems considers necessary to determine the applicant's
fitness to operate a motor vehicle safely upon the highways.
(b) The commissioner and superintendent of public safety the
West Virginia state police shall must 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 West
Virginia state police shall must be in accordance with such those
rules. The rules shall must 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, junior driver's
license or motorcycle-only license shall must 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 such 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 division of public safety West Virginia state police
shall administer a separate motorcycle examination for applicants
for a license valid for operation of a motorcycle. Any applicant for a license valid for operation of a motorcycle shall be is
required to successfully complete the motorcycle examination,
which shall be is in addition to the examination administered
pursuant to section seven of this article and, if under the age
of eighteen, obtained at least a level two graduated driver's
license: Provided, That the commissioner of motor vehicles 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 must test the
applicant's knowledge of the operation of a motorcycle and of any
traffic laws specifically relating thereto 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 may 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. Any applicant
who successfully completes the motorcycle examination on a
motorcycle with a piston displacement of five hundred cubic
centimeters or less is restricted to the operation of only
motorcycles with a piston displacement of five hundred cubic
centimeters or less.
Any person who already holds a valid driver's license on or
before the first day of April, one thousand nine hundred ninety- two, upon application and payment of the required fee to the
division of motor vehicles at any time between the first day of
April, one thousand nine hundred ninety-two, and the thirtieth
day of June, one thousand nine hundred ninety-two, may be issued
a motorcycle endorsement without being required to take the
examination specified in this section. On or after the first day
of July, one thousand nine hundred ninety-two, every person,
including those holding a valid driver's license, shall be
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 may not be treated by the auditor or treasurer as
part of the general revenue of the state. The fund shall be a
special revolving fund to be used and paid out upon order of the
superintendent of public safety the West Virginia state police
solely for the purposes specified in this article.
The fund shall be used by the division of public safety West
Virginia state police to defray the costs of implementing and
administering a special motorcycle license examination, including
a motorcycle driving test.
§17B-2-8. Issuance and contents of licenses; fees.
(a) The division shall, upon payment of the required fee,
issue to every applicant qualifying therefor a driver's license,
which shall indicate the type or general class or classes of
vehicle or vehicles the licensee may operate in accordance with
this chapter or chapter seventeen-e of this code, or motorcycle- only license. Each license shall must contain a coded number
assigned to the licensee, the full name, date of birth, residence
address, a brief description and a color photograph of the
licensee and either a facsimile of the signature of the licensee
or a space upon which the signature of the licensee shall must be
written with pen and ink immediately upon receipt of the license.
No license shall be is valid until it has been so signed by the
licensee: Provided, That the commissioner may issue upon proper documentation a duplicate or renewed valid without-photo license
for resident applicants temporarily out of state. A driver's
license which is valid for operation of a motorcycle shall must
contain a motorcycle endorsement. The division shall use such
process or processes in the issuance of licenses that will,
insofar as possible, prevent any alteration, counterfeiting,
duplication, reproduction, forging or modification of, or the
superimposition of a photograph on, such license.
(b) The fee for the issuance of a Class E driver's license
shall be ten dollars and fifty cents. The fee for issuance of a
Class D driver's license shall be twenty-five dollars and fifty
cents. Fifty cents of each such fee shall be deposited in the
"combined voter registration and driver's licensing fund",
established pursuant to the provisions of section twenty-two-a ,
article two, chapter three of this code. The one-time only
additional fee for adding a motorcycle endorsement to a driver's
license shall be five dollars. The fee for issuance of a
motorcycle-only license shall be ten dollars. The fees for the
motorcycle endorsement or motorcycle-only license shall be paid
into a special fund in the state treasury known as the motorcycle
safety fund as established in section seven, article one-d of
this chapter.
(c) (b) After the thirtieth day of June, one thousand nine
hundred ninety-six, The fee for the issuance of a Class E driver's license shall be is two dollars and fifty cents per year
for each year such license is issued to be valid. The fee for
issuance of a Class D driver's license shall be is six dollars
and twenty-five cents per year for each year such license is
issued to be valid. An additional fee of fifty cents shall be
collected from the applicant at the time of original issuance or
each renewal and such the additional fee shall be deposited in
the "combined voter registration and driver's licensing fund",
established pursuant to the provisions of section twenty-two-a
twelve, article two, chapter three of this code. The one-time
only additional fee for adding a motorcycle endorsement to a
driver's license shall be is five dollars.
The fee for issuance of a motorcycle-only license shall be is
two dollars and fifty cents for each year for which the
motorcycle license is to be valid. The fees for the motorcycle
endorsement or motorcycle-only license shall be paid into a
special fund in the state treasury known as the motorcycle safety
fund as established in section seven, article one-d of this
chapter.
(c) On or after the first day of July, two thousand, the
fee for the issuance of either the level one or level two
graduated driver's license as prescribed in section three-a of
this article is five dollars.
§17B-2-12. Expiration of licenses; renewal; renewal fees.
(a) Every driver's license shall expire four five years from
the date of its issuance, except as provided herein: except that
the driver's license of any person in the armed forces shall be
extended for a period of six months from the date the person is
separated under honorable circumstances from active duty in the
armed forces
(b) After the thirtieth day of June, one thousand nine
hundred ninety-six, the following shall apply:
(1) Every driver's license issued to persons who have
attained their twenty-first birthday shall expire expires on the
last day of the month in which the applicant's birthday occurs in
those years in which the applicant's age is evenly divisible by
five. Except as provided in the following subdivisions, no
driver's license may be issued for less than three years nor more
than seven years and such the driver's license shall may be
renewed in the month in which the applicant's birthday occurs and
shall be is valid for a period of five years, expiring in the
month in which the applicant's birthday occurs and in a year in
which the applicant's age is evenly divisible by five.
(2) Every driver's license issued to persons who have not
attained their twenty-first birthday except as provided in
section three-a of this article shall expire expires on the last
day of the month in the year in which the applicant attains the
age of twenty-one years.
(3) The driver's license of any person in the armed forces
shall be is extended for a period of six months from the date the
person is separated under honorable circumstances from active
duty in the armed forces.
(c) (b) A person who allows his or her driver's license to
expire may apply to the division for renewal thereof.
Application shall must be made upon a form furnished by the
division and shall must be accompanied by payment of the fee
required by section eight of this article plus an additional fee
of five dollars. The commissioner shall must determine whether
such the person qualifies for a renewed license and may, in the
commissioner's discretion, renew any expired license which has
been expired less than thirty days without examination of the
applicant.
(d) (c) Each renewal of a driver's license shall must contain
a new color photograph of the licensee. By first class mail to
the address last known to the division, the commissioner shall
must notify each person who holds a valid driver's license of the
expiration date of the license. The notice shall must be mailed
at least thirty days prior to the expiration date of the license
and shall must include a renewal application form.
§17B-2-13. Notice of change of address or name.
(a) Whenever any person after applying for or receiving a
driver's license moves from the address named in such the application or in the license issued to such that person, or when
the name of a licensee is changed by marriage or otherwise, such
the person shall must within twenty days thereafter notify the
division in writing of the old and new addresses or of such the
former and new names and of the number of any license then held
by such that person on the forms prescribed by the division.
(b) Whenever any person, after applying for or receiving a
driver's license, is assigned a new address by the United States
postal service or other legally constituted authority, that
person must notify the division in writing of the old and new
address, and of the number of any license held by that person.
The notification of change of address must be made at least
twenty days prior to the final date upon which the United States
postal service ceases to deliver mail with the old address.
§17B-2-15. Authority for regulations.
(a) The commissioner of the division of motor vehicles is
authorized to promulgate such legislative rules as are necessary
to carry out the license and endorsement provisions of this
chapter and the provisions regarding motor vehicle registration
in accordance with the provisions of chapter twenty-nine-a of
this code.
(b) The superintendent of the division of public safety West
Virginia state police is authorized to promulgate such
legislative rules as are necessary to carry out the provisions relating to the issuance of an instruction permit and conducting
the license qualifying examinations provided for in this chapter
in accordance with the provisions of chapter twenty-nine-a of
this code.
CHAPTER 18. EDUCATION.
ARTICLE 6.
DRIVER EDUCATION.
§18-6-1. Purpose and objectives of article.
The purpose of this article is to ensure that every secondary
school pupil has the opportunity, at or about the time he
or she
reaches licensing age, to enroll in a course of driver education
designed to train him
or her to drive skillfully and safely under
all traffic and roadway conditions and circumstances; to make the
driver education course available to out-of-school youths and to
adults; and to ensure that commercial driver education schools
achieve and maintain a level of driver education equal to the
minimum standards that are prescribed for secondary schools.
§18-6-2. Where provided; implementation deadlines; priorities
for course availability.
No later than the first day of the public school term
beginning in the year one thousand nine hundred seventy-three,
there shall be offered in all public secondary schools within the
State an approved, comprehensive course in driver education.
As the first priority, the driver education course
shall must be made available at no cost to all secondary school pupils at or
about the time they reach licensing age.
As the second priority, the driver education course
shall
must be made available to all persons who do not attend secondary
schools who have reached their sixteenth birthday and are under
eighteen years of age. County boards of education may require
the persons described in this paragraph who enroll in a public
secondary school driver education course to pay tuition not to
exceed fifty dollars.
As the third priority, the driver education course
shall must
be made available to all persons who do not attend secondary
school who are eighteen years of age or older, but first
consideration for persons in this age group
shall must be given
to those who are applying for their first
operator's driver's
license. County boards of education may require the persons
described in this paragraph who enroll in a public secondary
school driver education course to pay tuition not to exceed
seventy-five dollars.
In those counties where sufficient public secondary school
driver education courses are not available to meet all requests
for the course, county boards of education
shall must, as quickly
as possible, make sufficient courses available to fill those
requests.
§18-6-3. State board to establish minimum course standards; students with mental or physical defects; minimum standards specified.
(a) The state board of education
shall must establish minimum
standards for all driver education courses offered and made
available to persons within the state, regardless of whether the
courses are offered by public, private, parochial, denominational
or commercial schools, but no person
shall may be permitted to
enroll in any driver education course who has a known mental or
physical defect that would prevent the person from qualifying for
an
operator's driver's license, unless the mental or physical
defect is controlled or corrected so the person could so qualify.
(b) The minimum standards
shall must provide at least that:
(1) All driver education courses offered within the state are
taught by instructors certified by the state board as qualified
for these purposes.
(2) Each person enrolled in a driver education course
shall
must receive practice driving and observation in a dual control
automobile and instruction in at least the following:
(A) Basic and advanced driving techniques, including
techniques for handling emergencies.
(B) Traffic regulations and laws of the road as provided in
chapter seventeen-c of this code, and other applicable state and
local laws and ordinances.
(C) Critical mechanical parts of vehicles requiring
preventive maintenance for safety.
(D) The vehicle, highway and community features that aid the
driver in avoiding crashes; protect him and his passengers in
crashes; and maximize the salvage of the injured.
(E) Signs, signals, highway markings and highway design
features which require understanding for safe operation of motor
vehicles.
(F) Differences in characteristics of urban and rural
driving, including safe use of modern expressways.
(G) Pedestrian safety.
(H) Motorcycle safety awareness.
(c) In addition, in driver education courses participating
students
shall must be encouraged to acquire first aid skills.
§18-6-4. Rules.
In accordance with chapter twenty-nine-a of this Code, the
state board
shall must, with the advice of the state
superintendent and the superintendent of the
department of public
safety West Virginia state police, adopt rules
and regulations
establishment, conduct and scope of driver education for use in
the public, private, parochial and denominational secondary
schools located within this state, subject to the requirements
and exceptions set forth in this article.
§18-6-5. Establishment and maintenance of driver education course; who may enroll; exemption from learner's permit requirement.
The state superintendent
shall must promote and direct the
establishment and maintenance of courses of instruction in driver
education in secondary schools in accordance with the provisions
of this article and the rules
and regulations that the state
board adopts pursuant to section four of this article.
Directors, trustees or other persons having control or authority
over private, parochial or denominational secondary schools, who
establish and maintain such courses in the schools under their
control or supervision,
shall must comply with the rules
and
regulations that the state board adopts pursuant to section four
of this article.
In the case of a pupil who
will does not reach
his sixteenth
birthday the age of fifteen years and six months before
he the
student completes the driver education course in which
he the
student is enrolled, instruction
shall be is limited to the
classroom. Pupils who
will reach their sixteenth birthday before
they complete the driver education course and those are
sixteen
years fifteen years, six months of age and older
shall will
receive instruction and practical training in the operation of
motor vehicles on the public streets and highways
and the pupil
need not have the learner's permit required by section five, article two, chapter seventeen-b of this Code, if he is operating
a dual control automobile and a duly appointed instructor is
actually occupying a seat beside the pupil.
§18-6-8. Driver education course to be made available to all
secondary school pupils prior to their graduation; exemption; application by pupil for unrestricted operator's license.
Before any pupil is graduated from a secondary school after
the first day of September, one thousand nine hundred
seventy-five,
he the pupil shall will first be provided an
opportunity and encouraged to successfully complete a driver
education course approved by the state board in a public,
private, parochial or denominational secondary school within the
state. If a pupil has successfully completed a similar course in
a secondary school of another state and the course is accepted by
the state board as adequately meeting and complying with the
course standards established by the state board, then the
aforementioned requirement
shall be deemed is considered
fulfilled regarding that pupil.
On or before the thirtieth day of June, two thousand, Any
any secondary school pupil sixteen years of age or older, but
under eighteen years of age, who has successfully completed a
driver education course approved by the state board in a public, private, parochial or denominational secondary school within the
state or a similar course
in a secondary school of another state
and accepted by the state board as adequately meeting and
complying with the course standards established by the state
board,
shall, upon proper application and successful completion
of all examination and driving tests required by law for issuance
of an operator's license to a person eighteen years of age or
older,
must be issued an operator's license without any
restriction rather than the junior or probationary operator's
license provided for in section three, article two, chapter
seventeen-b of this code.
On or after the first day of July, two thousand, any
secondary school pupil sixteen years of age or older, but under
eighteen years of age, who has successfully completed a driver
education course approved by the state board in a public,
private, parochial or denominational secondary school within the
state or a similar course in a secondary school of another state
and accepted by the state board as adequately meeting and
complying with the course standards established by the state
board, upon proper application and successful completion of all
examination and driving tests required by law for issuance of a
driver's license without first submitting a sworn affidavit
certified by the parent or legal guardian that the applicant has
successfully completed the minimum number of hours of behind-the-wheel training as provided in section three-a, article
two, chapter seventeen-b of the code must be issued an operator's
license without any restriction rather than the junior or
probationary operator's license provided for in section three,
article two, chapter seventeen-b of this code.
§18-6-9. Commercial driver education schools - Course of
instruction; issuance and renewal of license; fee; application for license; inspections and revocation
of license; lists of schools offering approved courses.
The state board
shall must prescribe a course of instruction
for commercial driver education schools in West Virginia. The
requirements and quality of the course of instruction prescribed
for commercial driver education schools
shall must be at least
equal to the minimum standards that are prescribed for secondary
schools. The state superintendent
shall must issue licenses to
commercial driver education schools which offer courses of
instruction in driver education which comply with the course of
study approved by the state board.
A fee of fifty dollars
shall will be charged by the state
superintendent for the issuance of any such license, which may be
renewed annually, for a fee of fifty dollars, so long as the
licensee complies with the requirements of this article. Sums so received
shall must be deposited into the state treasury and
credited to an account of the department of education for the
administration of the provisions of this article.
An application for a license to operate a licensed commercial
driver education school
shall must be made upon an official form
prescribed by the state superintendent, and licenses
shall be
granted only when the state superintendent is satisfied that the
school offers a course of driver education which complies with
the requirements approved by the state board.
The state superintendent
shall will periodically cause an
inspection to be made of all licensed schools. He
or she shall
must revoke and require the surrender of the license of any
school that fails to achieve and maintain the minimum course
standards prescribed therefor or that
he the superintendent finds
is not conducting a driver education course that is in conformity
with the requirements approved by the state board.
The state superintendent
shall must maintain, file and make
available at his
or her office and at other places he
or she
selects lists of all public and nonpublic schools offering
approved courses of driver education and all commercial schools
holding licenses and those whose licenses have been revoked. The
state superintendent
shall must keep the list current and
shall
furnish a copy of the list to the commissioner of motor vehicles,
superintendent of the West Virginia state police and to the commissioner of insurance.
ARTICLE 8.
COMPULSORY SCHOOL ATTENDANCE.
§18-8-11. School attendance as condition of licensing for privilege of operation of motor vehicle.
(a) In accordance with the provisions of sections three and
five, article two, chapter seventeen-b of this code, the division
of motor vehicles
shall must deny a license or instruction permit
for the operation of a motor vehicle to any person under the age
of eighteen who does not at the time of application present a
diploma or other certificate of graduation issued to the person
from a secondary high school of this state or any other state or
documentation that the person: (1) Is enrolled and making
satisfactory progress in a course leading to a general
educational development certificate (GED) from a state approved
institution or organization, or has obtained such certificate;
(2) is enrolled in a secondary school of this state or any other
state; (3) is excused from
such this requirement due to
circumstances beyond his or her control; or (4) is enrolled in an
institution of higher education as a full-time student in this
state or any other state.
(b) The attendance director or chief administrator
shall must
provide documentation of enrollment status on a form approved by
the department of education to any student fifteen years
six months of age but less than eighteen years of age or older upon
request who is properly enrolled in a school under the
jurisdiction of the official for presentation to the division of
motor vehicles on application for or reinstatement of an
instruction permit or license to operate a motor vehicle.
Whenever a student fifteen years
six months of age but less than
eighteen years of age withdraws from school, except as provided
in subsection (d) of this section, the attendance director or
chief administrator
shall must notify the division of motor
vehicles of the withdrawal not later than five days from the
withdrawal date. Within five days of receipt of the notice, the
division of motor vehicles
shall must send notice to the licensee
that the license will be suspended under the provisions of
section three, article two, chapter seventeen-b of this code on
the thirtieth day following the date the notice was sent unless
documentation of compliance with the provisions of this section
is received by the division of motor vehicles before
such that
time.
(c) For the purposes of this section, withdrawal
shall be is
defined as more than ten consecutive or fifteen days total
unexcused absences during a school year. For the purposes of this
section, suspension or expulsion from school or imprisonment in
a jail or a penitentiary is not a circumstance beyond the control
of
such the person.
(d) Whenever the withdrawal from school of
such the student,
or
such the student's failure to enroll in a course leading to or
to obtain a GED or high school diploma, is beyond the control of
such the student, or is for the purpose of transfer to another
school as confirmed in writing by the student's parent or
guardian, no
such notice
shall may be sent to the division of
motor vehicles to suspend the student's motor vehicle operator's
license, and if the student is applying for a license, the
attendance director or chief administrator
shall must provide the
student with documentation to present to the division of motor
vehicles to excuse the student from the provisions of this
section. The school district superintendent (or the appropriate
school official of any private secondary school) with the
assistance of the county attendance director and any other staff
or school personnel
shall be is the sole judge of whether
such
the withdrawal is due to circumstances beyond the control of
such
the person.
NOTE: The purpose of this bill is to implement a graduated
driver's license program for persons under the age of eighteen.
The bill also updates the sections dealing with driver's
licenses to provide for the time frames for new residents to
obtain a driver's license, lower the minimum age for obtaining an
identification card, establish motorcycle size operating
restrictions based on size of motorcycle used in skills test,
establish minimum 30 day instruction period prior to skills test
for previously unlicensed applicants, increase time period for reporting change of address caused by government mandates. Other
technical changes are made relating to changing related sections
to reflect new graduated license, updating code cross reference
and correcting obsolete language.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that
would be added.
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