ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 173
(By Senators Rowe and Caldwell)
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[Originating in the Committee on Transportation;
reported February 24, 2004.]
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A BILL to amend and reenact §17E-1-12 of the code of West Virginia,
1931, as amended, relating to authorizing a disabled
commercial licensed driver to have a personal driving permit
for up to two years without loss of status as a commercial
licensed driver.
Be it enacted by the Legislature of West Virginia:
That §17E-1-12 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. COMMERCIAL DRIVER'S LICENSE.
§17E-1-12. Classifications, endorsements and restrictions.
Commercial driver's licenses may be issued with the following
classifications, endorsements and restrictions; the holder of a valid commercial driver's license may drive all vehicles in the
class for which that license is issued, and all lesser classes of
vehicles and vehicles which require an endorsement, unless the
proper endorsement appears on the license:
(a)
Classifications. --
(1) Class A - Any combination of vehicles with a gross
combined vehicle weight rating of twenty-six thousand one pounds or
more, provided the gross vehicle weight rating of the vehicle being
towed is in excess of ten thousand pounds.
(2) Class B - Any single vehicle with a gross vehicle weight
rating of twenty-six thousand one pounds or more and any vehicle
towing a vehicle not in excess of ten thousand pounds.
(3) Class C - Any single vehicle or combination vehicle with
a gross vehicle weight rating of less than twenty-six thousand one
pounds or any vehicle towing a vehicle with a gross vehicle weight
rating not in excess of ten thousand pounds comprising:
(A) Vehicles designed to transport sixteen or more passengers,
including the driver; and
(B) Vehicles used in the transportation of hazardous materials
which requires the vehicle to be placarded under 49 C. F. R., Part
§172, subpart F (2001).
(b)
Endorsements and restrictions. -- The commissioner, upon
issuing a commercial driver's license, may impose endorsements or
restrictions determined by the commissioner to be appropriate to
assure the safe operation of a motor vehicle and to comply with 49
U. S. C.,
et seq., and federal rules implementing the law.
(c)
Applicant record check. -- Before issuing a commercial
driver's license, the commissioner shall obtain driving record
information through the commercial driver's license information
system, the national driver register and from each state in which
the person has been commercially licensed.
(d)
Notification of license issuance. -- Within ten days after
issuing a commercial driver's license, the commissioner shall
notify the commercial driver's license information system of that
fact, providing all information required to ensure identification
of the person.
(e)
Expiration of license. --
(1) Every commercial driver's license issued to persons who
have attained their twenty-first birthday expires on the
applicant's birthday in those years in which the applicant's age is
evenly divisible by five. Except as provided in subdivision (2) of
this subsection, no commercial driver's license may be issued for
less than three years nor more than seven years and the commercial
driver's license shall be renewed by the applicant's birthday and
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 commercial driver's license issued to persons who
have not attained their twenty-first birthday expires on the last
day of the month in the year in which the applicant attains the age
of twenty-one years.
(3) Commercial driver's licenses held by any person in the armed forces which expire while that person is on active duty
remains valid for thirty days from the date on which that person
reestablishes residence in West Virginia.
(4) Any person applying to renew a commercial driver's license
which has been expired for two years or more shall follow the
procedures for an initial issuance of a commercial driver's
license, including the testing provisions:
Provided, That any
person with a commercial driver's license who is physically
disabled from employment may have an inactive commercial driver's
license and a personal driving permit, not to exceed two years
during a period of physical disability, without the requirement of
testing provisions and without loss of status as a commercial
licensed driver. The commissioner shall establish guidelines for
determining disability and issuance of personal driving permits.
(f)
License renewal procedures. -- When applying for renewal
of a commercial driver's license, the applicant shall complete the
application form and provide updated information and required
certifications. If the applicant wishes to retain a hazardous
materials endorsement, the applicant shall comply with a background
check in accordance with 49 U. S. C. §5103a and pass the written
test for a hazardous materials endorsement.
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