COMMITTEE SUBSTITUTE
FOR
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 219
(By Senators Foster, Oliverio, Minard and Hunter)
____________
[Originating in the Committee on the Judiciary;
reported February 27, 2006.]
____________
A BILL to amend and reenact §17B-1-1 of the Code of West Virginia,
1931, as amended
; and to amend and reenact §17B-2-3a of said
code,
all relating to the requirements for obtaining a
graduated driver's license; changing the expiration for level
one permits and level two licenses; prohibiting the use of a
handheld wireless communication device while driving by a
minor holding a level one instruction permit or a level two
license; and providing penalties for such violations.
Be it enacted by the Legislature of West Virginia:
That §17B-1-1 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §17B-2-3a of said code be
amended and reenacted, all to read as follows:
ARTICLE 1. WORDS AND PHRASES DEFINED.
§17B-1-1. Definitions.
The following words and phrases when used in this chapter
shall, for the purpose of this chapter, have the meanings
respectively ascribed to them in this article:
(a) Vehicle. -- Every device in, upon, or by which any person
or property is or may be transported or drawn upon a public
highway, excepting devices moved by human power or used exclusively
upon stationary rails or tracks;
(b) Motor vehicle. -- Every vehicle which is self-propelled
and every vehicle which is propelled by electric power obtained
from overhead trolley wires, but not operated upon rails;
(c) Motorcycle. -- Every motor vehicle having a seat or saddle
for the use of the rider and designed to travel on not more than
three wheels in contact with the ground, but excluding a farm
tractor as defined herein, a moped as defined in section five-a,
article one, chapter seventeen-c of this code, a snowmobile as
defined in section one-mm, article one, chapter seventeen-a of this
code and an all-terrain vehicle as defined in section one-ii,
article one, chapter seventeen-a of this code;
(d) Farm tractor. -- Every motor vehicle designed and used
primarily as a farm implement for drawing plows, mowing machines,
and other implements of husbandry;
(e) School bus. -- Every motor vehicle owned by a public
governmental agency and operated for the transportation of children
to or from school or privately owned and operated for compensation
for the transportation of children to or from school;
(f) Person. -- Every natural person, firm, copartnership,
association or corporation;
(g) Operator. -- Every person, other than a chauffeur, who
drives or is in actual physical control of a motor vehicle upon a
highway or who is exercising control over or steering a vehicle
being towed by a motor vehicle;
(h) Chauffeur. -- Every person who is employed by another for
the principal purpose of driving a motor vehicle and every person
who drives a school bus transporting school children or any motor
vehicle when in use for the transportation of persons or property
for compensation;
(i) Driver. -- Means any person who drives, operates or is in
physical control of a motor vehicle, in any place open to the
general public for purposes of vehicular traffic, or who is
required to hold a driver license;
(j) Driver License. -- Means any permit or license issued by
this state to a person which authorizes the person to drive a motor
vehicle of a specific class or classes subject to any restriction
or endorsement contained thereon;
(k) Owner. -- A person who holds the legal title of a vehicle
or in the event a vehicle is the subject of an agreement for the
conditional sale or lease thereof with the right of purchase upon
performance of the conditions stated in the agreement and with an
immediate right of possession vested in the conditional vendee or
lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor
shall be deemed the owner for the purpose of this chapter;
(l) Nonresident. -- Every person who is not a resident of this
state;
(m) Street or highway. -- The entire width between the
boundary lines of every way publicly maintained when any part
thereof is open to the use of the public for purposes of vehicular
travel;
(n) Commissioner. -- The Commissioner of Motor Vehicles of
this state;
(o) Division. -- The Division of Motor Vehicles of this state
acting directly or through its duly authorized officers or agents;
(p) Suspension. -- Suspension means that the driver's license
and privilege to drive a motor vehicle on the public highways are
temporarily withdrawn but only during the period of such
suspension;
(q) Revocation. -- Revocation means that the driver's license
and privilege to drive a motor vehicle on the public highways are
terminated and shall not be renewed or restored, except that an
application for a new license may be presented and acted upon by
the division after the expiration of at least one year after the
date of revocation, except as otherwise provided in section two,
article five-a, chapter seventeen-c of this code;
(r) Cancellation. -- Cancellation means that a driver's
license is annulled and terminated because of some error or defect or because the licensee is no longer entitled to such license, but
the cancellation of a license is without prejudice and application
for a new license may be made at any time after such cancellation.
(s)
"9-1-1 system" means an emergency telephone system or
enhanced emergency telephone system as defined in section two,
article six, chapter twenty-four of this code.
(t) "Wireless communication device" means a handheld device
used to access a wireless telephone service or a text messaging
device.
ARTICLE 2. ISSUANCE OF LICENSE, EXPIRATION AND RENEWAL.
§17B-2-3a. Graduated driver's licenses.
(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 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 be printed on the license. After the thirty-first day of December, two thousand, the division shall
not issue a junior driver's license to any person. However, any
junior driver's license issued before the first day of January, two
thousand one, unless otherwise suspended, revoked or canceled will
continue 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 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 not thereafter receive a junior driver's license, but the person, upon attaining
the age of eighteen, shall be 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 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 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 a parent of the applicant; or if only one
parent is living, then by the parent; or if the parents be 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 entitled to exercise all the privileges of a regular
driver's license without further examination or driver testing.
(g) (a) On and after the first day of January, two thousand
one, 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) (b) Any person under the age of twenty-one, regardless of
class or level or of 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 both 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) (c) Level one instruction permit. -- An applicant who is
fifteen years or older meeting all other requirements prescribed in
this code may be issued a level one instruction permit.
(1) Eligibility. -- The division shall 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 fourteen months until thirty days after the
date the applicant attains the age of eighteen 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 under
the provisions of section six of this article. 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, the 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 no
more than two additional passengers, unless the passengers are
family members;
(B) Between the hours of five a.m. and eleven p.m.;
(C) All occupants must use safety belts in accordance with the
provisions of 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.
(F)
A holder of a level one instruction permit or a level two
intermediate driver's license who is under the age of eighteen
years may not use a wireless communication device while operating
a motor vehicle, unless the use of the wireless communication
device is for contacting a 9-1-1 system. A law-enforcement officer
may enforce the provisions of this paragraph only as a secondary
action when a law-enforcement officer with probable cause detains
a driver for a suspected violation of another provision of this
code.
(j) (d) 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 shall 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 thirty hours of behind the
wheel driving experience certified by a parent or legal guardian or
other responsible adult over the age of twenty-one as indicated on
the form prescribed by the division: Provided, That nothing in this paragraph shall be construed to require any school or any
county board of education to provide any particular number of
driver's education courses or to provide driver's education
training to any student;
(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 shall expire on the day designated
by the commissioner of the month in which thirty days after the
applicant attains the age of eighteen, 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 eleven
p.m.;
(B) Only under the direct supervision of a licensed driver,
age twenty-one years or older, between the hours of eleven 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 in accordance with
the provisions of section forty-nine, article fifteen, chapter
seventeen-c of this code;
(D) Operates the vehicle with no more than three passengers
under the age of nineteen, unless the passengers are family
members, 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)
A holder of a level one instruction permit or a level two
intermediate driver's license who is under the age of eighteen
years may not use a wireless communication device while operating
a motor vehicle, unless the use of the wireless communication
device is for contacting a 9-1-1 system.
A law-enforcement officer
may enforce the provisions of this paragraph
only as a secondary
action when a law-enforcement officer with probable cause detains
a driver for a suspected violation of another provision of this
code.
(G) (H) Upon the first conviction for a moving traffic
violation or a violation of paragraph (A), (B), (C), or (D) or (G),
subdivision (1), subsection (j) (d) of this section 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.
At the discretion of the commissioner, completion of an
approved driver improvement program may be used to negate the
effect of a minor traffic violation as defined by the commissioner
against the one year conviction free driving criteria for early
eligibility for a level three driver's license; and
(H) (I) 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) (e) Level three, full Class E license. -- The level three
license is valid until the day designated by the commissioner of the month in which the licensee attains the age of twenty-one.
Unless otherwise provided in this section or any other section of
this 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.
A level two intermediate licensee whose privilege to operate
a motor vehicle has not been suspended, revoked or otherwise
canceled and who meets all other requirements of the code, may be
issued a level three full Class E license without further
examination or road skills testing, if the licensee:
(1) Has reached the age of seventeen years; and
(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 the application;
(C) Has completed any driver improvement program required
under paragraph (G), subdivision (2), subsection (j) (d) of this
section; 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 section twelve, article two,
chapter three of this code; or
(2) Reaches the age of eighteen years; and
(A) Presents a completed application as prescribed by the provisions of section six of this article; and
(B) 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 section twelve, article two,
chapter three of this code.
__________
(NOTE: One purpose of this bill is to change the expiration
date of graduated driver's licenses as provided for in Engrossed
Senate Bill No. 442. A second purpose is to prohibit
a minor
holding a level one instruction permit or a level two intermediate
driver's license from using a handheld wireless communication
device while driving, and to provide penalties.
§17B-2-3b
is new; therefore, strike-throughs and underscoring
have been omitted.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)
Email
Webmaster | © 2024 West Virginia Legislature **
