COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 398
(By Senator Foster)
____________
[Originating in the Committee on Transportation and
Infrastructure; reported March 9, 2009.]
____________
A BILL to amend and reenact §17B-2-3a of the Code of West Virginia,
1931, as amended, relating to imposing certain restrictions on
a graduated driver's license to increase public safety; and
imposing criminal penalties for violations of this section.
Be it enacted by the Legislature of West Virginia:
That §17B-2-3a of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. ISSUANCE OF LICENSE, EXPIRATION AND RENEWAL.
§17B-2-3a. Graduated driver's license.
(a) Any person under the age of eighteen 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.
(b) Any person under the age of twenty-one, regardless of
class or level 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, chapter seventeen-c of this code and section two, article five-a of said chapter. Any
person under the age of eighteen, regardless of class or licensure
level, is subject to the mandatory school attendance and
satisfactory academic progress provisions of section eleven,
article eight, chapter eighteen of this code.
(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 copy of a birth certificate issued by
a state or other governmental entity responsible for vital records
unexpired, or a valid passport issued by the United States
government evidencing that the applicant meets the minimum age
requirement and is of verifiable identity;
(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 driver's eligibility certificate or otherwise
shows compliance with the provisions of section eleven, article
eight, chapter eighteen of this code; and
(E) Pays a fee of $5, which shall permit the applicant
two
attempts at the written knowledge test.
(2)
Terms and conditions of instruction permit. -- A level one
instruction permit issued under the provisions of this section is
valid 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 ten 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 and is making
satisfactory academic progress 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 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. A person violating the provisions
of this paragraph is guilty of a misdemeanor and, upon conviction
thereof, shall for the first offense be fined $25; for a second offense be fined $50; and for a third or subsequent offense be
fined $75.
(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 fifty hours of
behind-the-wheel driving experience,
including a minimum of ten
hours of nighttime driving, 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 driver's eligibility certificate 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 $5.
(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 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 ten
p.m.;
(B) Only under the direct supervision of a licensed driver,
age twenty-one years or older, between the hours of
eleven 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 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 For the first six months after
issuance of a level two intermediate driver's license, the licensee
may not operate a motor vehicle carrying any passengers less than
twenty years old, unless these passengers are family members of the
licensee; for the second six months after issuance of a level two
intermediate driver's license, the licensee may not operate a motor
vehicle carrying more than one passenger less than twenty years
old, unless these passengers are family members of the licensee;
(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 and is making
satisfactory academic progress or otherwise shows compliance with
the provisions of section eleven, article eight, chapter eighteen
of this code;
(G) A holder of 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. A person violating
the provisions of this paragraph is guilty of a misdemeanor and, upon conviction thereof, shall for the first offense be fined $25;
for a second offense be fined $50; and for a third or subsequent
offense be fined $75.
(H) Upon the first conviction for a moving traffic violation
or a violation of paragraph (A), (B), (C), (D) or (G), subdivision
(1), subsection (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
(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.
(e)
Level three, full Class E license. -- The level three
license is valid until thirty days after the date the licensee
attains his or her twenty-first birthday. 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 (d) of this
section; and
(D) Pays a fee of $2.50 for each year the license is valid.
An additional fee of $.50 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;
(E) Presents a driver's eligibility certificate or otherwise shows compliance with the provisions of section eleven, article
eight, chapter eighteen 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 $2.50 for each year the license is valid.
An additional fee of $.50 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.
(f) A person violating the provisions of the terms and
conditions of a level one or level two intermediate driver's
license is guilty of a misdemeanor and, upon conviction thereof,
shall for the first offense be fined twenty-five dollars; for a
second offense be fined fifty dollars; and for a third or
subsequent offense be fined seventy-five dollars.
NOTE: The purpose of this bill is to strengthen West
Virginia's graduated licensing statute so as to conform to
recommendations by the National Safety Council and other experts
aimed at keeping new teen drivers out of high-risk situations and
protecting all highway users while teen drivers gain driving
experience.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.