H. B. 2868
(By Delegate Warner)
[Introduced February 22, 1999; referred to the
Committee on Roads and Transportation then the
Judiciary.]
A BILL to amend and reenact section one, article two, chapter
seventeen-b of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to lowering the
minimum age for obtaining an identification card from the
division of motor vehicles.
Be it enacted by the Legislature of West Virginia:
That section one, 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-2-1. 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 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) 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.
(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.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.