ENGROSSED
Senate Bill No. 188
(By Senators Miller, Bailey and Love)
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[Introduced January 26, 1995; referred to the Committee
on Transportation; and then to the Committee on Finance.]
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A BILL to amend and reenact sections eight and twelve, article two,
chapter seventeen-b of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; and to amend and reenact
section twelve, article one, chapter seventeen-e of said code,
all relating to changing the driver's license renewal cycle to
five years with each license expiring in the birth month of
the licensee.
Be it enacted by the Legislature of West Virginia:
That sections eight and twelve, article two, chapter
seventeen-b of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted; and that section
twelve, article one, chapter seventeen-e of said code 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-2-8. Issuance and contents of licenses; fees.
(1) 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 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 be written with pen
and ink immediately upon receipt of the license. No license shall
be valid until it has been so signed by the licensee:
Provided,
That the commissioner may issue a valid without-photo license for
applicants temporarily out of state. A driver's license which is
valid for operation of a motorcycle shall 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.
(2) The fee for the issuance of a Class E driver's license
shall, effective the first day of July, one thousand nine hundred
ninety-six, be two dollars and fifty cents per year. The fee for
issuance of a Class D driver's license shall be six dollars and
twenty-five cents per year. An additional fifty cents shall be
collected from the applicant at the time of original issuance or
renewal which 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 two
dollars and fifty cents per year. 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.
§17B-2-12. Expiration of licenses; renewal; renewal fees.
(a) Every driver's license shall, after the first day of July,
one thousand nine hundred ninety-six, notwithstanding any other
provision to the contrary, expire on the last day of the month of
birth of the applicant, in years in which the applicant attains an age equally divisible by five. At no time shall any driver's
license be issued for less than three nor more than seven years.
Thereafter, the driver's license shall be renewed in the birthday
month of the licensee and shall be valid for five years, expiring
in the next year in which the licensee's age is equally divisible
by five, 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) A person who allows such person's driver's license to
expire may apply to the division for renewal thereof. Application
shall be made upon a form furnished by the division and shall be
accompanied by payment of the fee required by section eight of this
article plus an additional fee of five dollars. The commissioner
shall determine whether such person qualifies for a renewed license
and may, in the commissioner's discretion, renew any expired
license without examination of the applicant.
(c) Each renewal of a driver's license shall contain a new
color photograph of the licensee. By first class mail to the
address last known to the division, the commissioner shall notify
each person who holds a valid driver's license of the expiration
date of the license. The notice shall be mailed at least thirty days prior to the expiration date of the license and shall include
a renewal application form.
CHAPTER 17E. UNIFORM COMMERCIAL DRIVER'S LICENSE ACT.
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:
(1)
Classifications:
(A) 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(s)
being towed is in excess of ten thousand pounds.
(B) Class B -- Any single vehicle with a gross vehicle weight
rating of twenty-six thousand one pounds or more and any such
vehicle towing a vehicle not in excess of ten thousand pounds.
(C) Class C -- Any single vehicle or combination vehicle with
a gross vehicle weight rating of less than twenty-six thousand one
pounds or any such vehicle towing a vehicle with a gross vehicle weight rating not in excess of ten thousand pounds comprising:
(i) Vehicles designed to transport sixteen or more passengers,
including the driver; and
(ii) Vehicles used in the transportation of hazardous
materials which requires the vehicle to be placarded under 49
C.F.R., part 172, sub-part F.
(2)
Endorsements and restrictions:
The commissioner upon issuing a commercial driver's license
shall have the authority to impose such endorsements or
restrictions as the commissioner may determine to be appropriate to
assure the safe operation of a motor vehicle and to comply with the
federal Motor Vehicle Act of 1986 and federal rules implementing
such act.
(3)
Applicant record check. -- Before issuing a commercial
driver's license, the commissioner must 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.
(4)
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.
(5)
Expiration of license. -- The commercial driver's license
shall expire on the last day of the month of birth of the
applicant, in years in which the applicant attains an age equally
divisible by five. At no time shall any driver's license be issued
for less than three nor more than seven years. Thereafter, the
driver's license shall be renewed in the birthday month of the
licensee and shall be valid for five years, expiring in the next
year in which the licensee's age is equally divisible by five.
Commercial driver's licenses held by any person in the armed
forces which expire while that person is on active duty shall
remain valid for thirty days from the date on which that person
reestablishes residence in West Virginia.
Any person applying to renew a commercial driver's license
which has been expired for two years or more must follow the
procedures for an initial issuance of a commercial driver's
license, including the testing provisions.
(6)
License renewal procedures. -- When applying for renewal
of a commercial driver's license, the applicant must complete the
application form, and provide updated information and required
certifications. If the applicant wishes to retain a hazardous
materials endorsement, the written test for a hazardous materials endorsement must be taken and passed.
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