ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 422
(By Senators Love, Anderson, Ross, Ball, Dittmar, McKenzie and
Oliverio)
____________
[Originating in the Committee on the Judiciary;
reported March 2, 1999.]
____________
A BILL to amend and reenact sections one, one-a, three, three-a,
five, six, seven, seven-b, seven-c, eight, twelve and
thirteen, article two, chapter seventeen-b of the code of West
Virginia, one thousand nine hundred thirty-one, as amended;
and to amend and reenact sections five and eight, article six,
chapter eighteen of said code, all relating to implementing a
graduated driver's license program for persons under the age
of eighteen; providing time frames for new residents to obtain
a driver's license; lowering the minimum age for obtaining an
identification card; providing residency requirements for
obtaining a driver's license; establishing minimum thirty-day
instruction period prior to skills test for previously unlicensed applicants; requiring the reporting of change of
address caused by government mandates; allowing the
commissioner of the division of motor vehicles to change the
date that a driver's license expires to the driver's birthday;
eliminating the jail penalty for first convictions of driving
a motor vehicle without a valid driver's license; authorizing
the division of motor vehicles to add an optional
classification on driver's licenses for diabetics; and making
other technical revisions.
Be it enacted by the Legislature of West Virginia:
That sections one, one-a, three, three-a, five, six, seven,
seven-b, seven-c, eight, twelve and thirteen, 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 sections
five and eight, article six, chapter eighteen 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-2-1. 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, 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.
The Class E license of any person under the age of
eighteen must also be endorsed with the appropriate graduated
license level in accordance with the provisions of section three-a
of this article.
(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.
(5) All licenses issued under this section may contain
information designating the licensee as a diabetic, if the
licensee
requests this information to be on the 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. The identification card shall expire every four years. 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 applicant's birthday or other day of the month
designated by
the commissioner 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
designated by the commissioner 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.
(f) Any person violating the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than five hundred dollars; and upon a second or
subsequent conviction, shall be fined not more than five hundred
dollars, or confined in the county or regional jail not more than
six months, or both.
§17B-2-1a. Surrender of license from other state or jurisdiction
prior to receipt of license from this state; examination; fees
required.
(a) The division of motor vehicles
shall may not issue a
driver's license to a person who holds a valid license to operate
a motor vehicle issued by another state or jurisdiction unless
or
until the applicant
shall surrender surrenders to the division the
foreign license, or
such the person has signed and submitted to the
division an affidavit to the effect that
such the person has
surrendered all valid licenses issued to him or her by other states
or jurisdictions. Any surrendered license issued by any other state
or jurisdiction
shall must be returned to the division of motor
vehicles or similar agency in that state or jurisdiction together
with a notice that the person who surrendered the license has been
licensed in this state. It
shall be is unlawful for a person to
possess more than one valid driver's license at any time.
(b) Every driver must, within thirty days after taking up
residence in this state, apply to the division for a driver's
license as prescribed in this article. For the purposes of this
chapter the presumption that a natural person is a resident of this
state is based on the provisions of section one-a, article three,
chapter seventeen-a of this code.
(c) All other applicable provisions of this article relating
to issuance, fees, expiration and renewal of licenses, and driver examination of applicants
shall also apply to this section.
The
division may assign the driver's license class, type, endorsements
or restrictions based on the applicant's prior licensing status,
age and the type of licensing system used by the state of prior
licensing.
§17B-2-3. What persons shall not be licensed; exceptions.
The division
shall may not issue any license hereunder:
(1) To any person, as an operator, who is under the age of
eighteen years:
Provided, That the division may issue a junior
driver's license or on or after the first day of July, two
thousand, a graduated driver's license to a person under the age of
eighteen years in accordance with the provisions of section three-a
of this article;
(2) To any person, as a Class A, B, C or D driver, who is
under the age of eighteen years;
(3) To any person, whose license has been suspended, during
such suspension, nor to any person whose license (other than a
junior driver's license,
or, on or after the first day of July, two
thousand, a graduated driver's license) has been revoked, except as
provided in section eight, article three of this chapter;
(4) To any person who is an habitual drunkard or is addicted to the use of narcotic drugs;
(5) To any person
as an operator or chauffeur, who has
previously been adjudged to be afflicted with or suffering from any
mental disability or disease and who has not at the time of
application been restored to competency by judicial decree or
released from a hospital for the mentally incompetent upon the
certificate of the superintendent of the institution that the
person is competent, and not then unless the commissioner is
satisfied that the person is competent to operate a motor vehicle
with a sufficient degree of care for the safety of persons or
property;
(6) To any person who is required by this chapter to take an
examination, unless the person has successfully passed the
examination;
(7) To any person when the commissioner has good cause to
believe that the operation of a motor vehicle on the highways by
the person would be inimical to public safety or welfare;
(8) To any person who is not a resident of the state of West
Virginia.
§17B-2-3a. Junior driver's license and graduated driver's license.
(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 must 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 must be printed on the license.
After the thirtieth day of June, 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 July, two
thousand, unless otherwise suspended, revoked or canceled,
continues 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 may 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 may not
thereafter receive a junior driver's license, but the person, upon
attaining the age of eighteen,
shall be is 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 is 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 may 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 the parents of the applicant; or if only one parent is living, then by
such that parent; or if the parents
be are 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 is entitled to exercise all the privileges of a regular
driver's license without further examination or driver testing.
(g) After the thirtieth day of June, two thousand, 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) Any person under the age of twenty-one, regardless of
class or level or 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, 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) Level One Instruction Permit. -- An applicant fifteen
years and six months or older meeting all other requirements
prescribed in this code may be issued a level one instruction
permit.
(1) Eligibility. -- The division may 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 one year 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. 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, that 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 a
maximum of two additional passengers;
(B) Between the hours of five a.m. and eleven p.m.;
(C) 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
(D) Maintains current school enrollment or otherwise shows
compliance with the provisions of section eleven, article eight,
chapter eighteen of this code.
(j) 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 may 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 fifty hours of behind-the- wheel driving experience certified by a parent, legal guardian or
other responsible adult over the age of twenty-one years on the
form prescribed by the division;: SB422 SFA JACKSON 3/3 #1
Hager 7871
Senator Jackson moved to amend the bill on page twenty-one,
section three-a, line one hundred seventy-seven, after the word
"division" by changing the semicolon and to a colon and inserting
the following proviso: "Provided, That nothing in this
paragraph shall be construed to require any school or any school
board to provide any particular number of driver's education
courses or to provide driver's education training to any student;".
Adopted
Rejected
(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 is valid until the last day of the
month of the applicant's eighteenth birthday, 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) Operates the vehicle with a maximum of three passengers in
addition to the driver;
(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:
(E) Maintains current school enrollment or otherwise shows
compliance with the provisions of section eleven, article eight,
chapter eighteen of this code;
(F) Upon the first conviction for a moving traffic violation
or a violation of paragraph (A), (B) or (C), subdivision (2) of
this subsection, 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; and
(G) 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) Level Three, Full Class E License. -- A licensee at least
seventeen years of age, who meets all other requirements of the
code, may be issued a level three full Class E license without
further examination or driver testing.
(1) Eligibility. -- The division may not issue a level three
full Class E license unless the licensee has reached the age of
eighteen and paid the appropriate fees; or
(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
application;
(C) Has completed any driver improvement program required
under paragraph (F), subdivision (2), subsection (j) 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 the provisions of section
twelve, article two, chapter three of this code.
(2) Terms and conditions of the level three, full Class E
license. -- The level three license is valid until the day of the
month designated by the commissioner in the year in which the
applicant attains the age of twenty-one years. Unless otherwise
provided in this section or any other section of the 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. However, nothing in this subsection may be
construed as conferring upon the licensee, any benefit or duty
determined solely by age.
(l) Unless a greater penalty is required in this code, any
person who violates the restrictions, terms or conditions of either
a level one instruction permit or a level two intermediate
graduated driver's license is guilty of a misdemeanor and, upon
conviction, shall be punished by a fine of not more than two
hundred fifty dollars.
§17B-2-5. Qualifications, issuance and fee for instruction
permits.
(a) Any person who is at least fifteen eighteen years of age may apply to the division for an instruction permit. The division
may, in its discretion, after the applicant has appeared before the
department of public safety West Virginia state police and
successfully passed all parts of the examination other than the
driving road skills test and presented documentation of compliance
with the provisions of section eleven, article eight, chapter
eighteen of this code, issue to the applicant an instruction permit
which shall entitle entitles the applicant while having such the
permit in such the person's immediate possession to drive a motor
vehicle upon the public highways when accompanied by a licensed
driver of at least twenty-one years of age or a driver's education
or driving school instructor that is acting in an official capacity
as an instructor, who is alert and unimpaired and who is occupying
a seat beside the driver, except in the event the permittee is
operating a motorcycle, but in no event shall may the permittee be
allowed to operate a motorcycle upon a public highway until
reaching sixteen years of age.
Any such instruction permit issued to a person under the age
of sixteen years shall expire sixty days after the permittee
reaches sixteen years of age: Provided, That only permittees who
have reached their sixteenth birthday are eligible to take the driving examination as provided in section six of this article.
The instruction permit may be renewed for one additional period of
sixty days. Any such instruction permit issued to a person who has
reached the age of sixteen eighteen years shall be is valid for a
period of sixty days and may be renewed within a period of sixty
days after expiration for an additional period of sixty days. or
a new permit issued The fee for such the instruction permit shall
be is four dollars, one dollar of which shall be paid into the
state treasury and credited to the state road fund, and the other
three dollars of which shall be paid into the state treasury and
credited to the general fund to be appropriated to the department
of public safety West Virginia state police for application in the
enforcement of the road law.
(b) Any person sixteen years of age or older may apply to the
division for a motorcycle instruction permit. On and after the
first day of July, two thousand, any person under the age of
eighteen must have first completed the requirements for a level two
intermediate driver's license set forth paragraphs (B), (C) and
(D), subdivision one, subsection (j), section three-a of this
article, junior driver's license or driver's license before being
eligible for a motorcycle instruction permit. The division of motor vehicles may, in its discretion, after the applicant has
appeared before the division of public safety West Virginia state
police and successfully passed all parts of the motorcycle
examination other than the driving motorcycle road skills test, and
presented documentation of compliance with the provisions of
section eleven, article eight, chapter eighteen of this code, issue
to the applicant an instruction permit which entitles the applicant
while having such permit in such the person's immediate possession
to drive a motorcycle upon the public streets or highways for a
period of ninety days, during the daylight hours between sunrise
and sunset only. No holder of a motorcycle instruction permit shall
may operate a motorcycle while carrying any passenger on the
vehicle.
A motorcycle instruction permit is not renewable, but a
qualified applicant may apply for a new permit. The fee for a
motorcycle instruction permit shall be five dollars, which shall be
paid into a special fund in the state treasury known as the
motorcycle license examination fund as established in section
seven-c, article two of this chapter.
§17B-2-6. Application for license or instruction permit; fee to
accompany application.
Every application for an instruction permit or for a driver's
license shall be made upon a form furnished by the division. Every
application shall be accompanied by the proper fee and payment of
such the fee shall entitle entitles the applicant age eighteen or
older to not more than three attempts to pass the examination
within a period of no fewer than thirty days nor more than sixty
days from the date of application. except that No applicant who
fails either the written test or the road skills test may be
examined twice retested within a period of one week. Any person who
has not been previously licensed must hold an instruction permit
for a minimum of thirty days. For the purposes of this section,
the term previously licensed means a person who has obtained at
least a level two or comparable graduated license issued under the
provisions of this article or a comparable level or greater if
previously licensed in another state.
Every said application shall state the full name, date of
birth, sex and residence address of the applicant, and briefly
describe the applicant, and shall state whether the applicant has
theretofore been a licensed driver and, if so, when and by what
state or country, and whether any such license has ever been
suspended or revoked within the five years next preceding the date of application, or whether an application has ever been refused,
and, if so, the date of and reason for such suspension, revocation
or refusal, whether the applicant desires a notation on the
driver's license indicating that the applicant is a diabetic, and
such other pertinent information as the commissioner may require.
§17B-2-7. Examination of applicants.
(a) Upon the presentment by the applicant under the age of
eighteen years of the applicant's certified birth certificate,
issued by a state or other governmental entity responsible for
vital records, or a certified copy thereof as evidence that the
applicant is of lawful age, and verifiable identity the division of
public safety West Virginia state police shall examine every
applicant for a license to operate a motor vehicle in this state,
except as otherwise provided in this section. The examination
shall include a test of the applicant's eyesight; the applicant's
ability to read and understand highway signs regulating, warning,
and directing traffic; the applicant's knowledge of the traffic
laws of this state; and the applicant's knowledge of the effects of
alcohol upon persons and the dangers of driving a motor vehicle
under the influence of alcohol; and shall include an actual
demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle; and such further
physical and mental examination as the division of motor vehicles
and the division of public safety West Virginia state police deems
considers necessary to determine the applicant's fitness to operate
a motor vehicle safely upon the highways.
(b) The commissioner and superintendent of public safety the
West Virginia state police shall must promulgate legislative rules
in accordance with the provisions of chapter twenty-nine-a of this
code concerning the examination of applicants for licenses and the
qualifications required of applicants, and the examination of
applicants by the division of public safety West Virginia state
police shall must be in accordance with such those rules. The
rules shall must provide for the viewing of educational material or
films on the medical, biological and psychological effects of
alcohol upon persons, the dangers of driving a motor vehicle while
under the influence of alcohol and the criminal penalties and
administrative sanctions for alcohol and drug related motor vehicle
violations.
(c) After successful completion of the examination required by
this section, section three-a or section seven-b of this article,
and prior to the issuance of a license pursuant to the provisions of section eight of this article, every applicant for a driver's
license, graduated driver's license, junior driver's license or
motorcycle-only license shall must attend a mandatory education
class on the dangers and social consequences of driving a motor
vehicle while under the influence of alcohol. To the extent
practicable, the commissioner shall utilize as lecturers at such
classes persons who can relate first-hand experiences as victims or
family members of victims of alcohol-related accidents or drivers
who have been involved in alcohol-related accidents which caused
serious bodily injury or death.
§17B-2-7b. Separate examination and endorsement for a license
valid for operation of motorcycle.
The division of public safety West Virginia state police shall
administer a separate motorcycle examination for applicants for a
license valid for operation of a motorcycle. Any applicant for a
license valid for operation of a motorcycle shall be is required to
successfully complete the motorcycle examination, which shall be is
in addition to the examination administered pursuant to section
seven of this article and, if under the age of eighteen, has
completed the requirements for a level two intermediate driver's
license set forth in paragraphs (B), (C) and (D), subdivision (1), subsection (j), section three-a of this article: Provided, That
the commissioner of motor vehicles may exempt an applicant for a
motorcycle driver license or endorsement from all or part of the
motorcycle license examination as provided in section six, article
one-d of this chapter. The motorcycle examination shall must test
the applicant's knowledge of the operation of a motorcycle and of
any traffic laws specifically relating thereto and shall include an
actual demonstration of the ability to exercise ordinary and
reasonable control in the operation of a motorcycle. An applicant
for a license valid for the operation of only a motorcycle shall be
tested as provided in this section and in section seven of this
article, but need not demonstrate actual driving ability in any
vehicle other than a motorcycle. The examination provided in this
section shall may not be made a condition upon the renewal of the
license of any person under this section.
For an applicant who successfully completes the motorcycle
examination, upon payment of the required fee, the division shall
issue a motorcycle endorsement on the driver's license of the
applicant, or shall issue a special motorcycle-only license if the
applicant does not possess a driver's license.
Any person who already holds a valid driver's license on or before the first day of April, one thousand nine hundred ninety- two, upon application and payment of the required fee to the
division of motor vehicles at any time between the first day of
April, one thousand nine hundred ninety-two, and the thirtieth day
of June, one thousand nine hundred ninety-two, may be issued a
motorcycle endorsement without being required to take the
examination specified in this section. On or after the first day
of July, one thousand nine hundred ninety-two, every person,
including those holding a valid driver's license, shall be required
to take the examination specified in this section to obtain a
motorcycle license or endorsement
§17B-2-7c. Motorcycle license examination fund.
There is hereby created a special revolving fund in the state
treasury which shall be designated as the "motorcycle license
examination fund". The fund shall consist of all moneys received
from fees collected for motorcycle instruction permits under this
article and any other moneys specifically allocated to the fund.
The fund shall may not be treated by the auditor or treasurer as
part of the general revenue of the state. The fund shall be a
special revolving fund to be used and paid out upon order of the
superintendent of public safety the West Virginia state police solely for the purposes specified in this article.
The fund shall be used by the division of public safety West
Virginia state police to defray the costs of implementing and
administering a special motorcycle license examination, including
a motorcycle driving test.
§17B-2-8. Issuance and contents of licenses; fees.
(a) 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 must 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 must be written with pen and
ink immediately upon receipt of the license. No license shall be
is valid until it has been so signed by the licensee: Provided,
That the commissioner may issue upon proper documentation a
duplicate or renewed valid without-photo license for resident
applicants temporarily out of state. A driver's license which is valid for operation of a motorcycle shall must 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.
(b) The fee for the issuance of a Class E driver's license
shall be ten dollars and fifty cents. The fee for issuance of a
Class D driver's license shall be twenty-five dollars and fifty
cents. Fifty cents of each such fee 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 ten dollars. 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.
(c) (b) After the thirtieth day of June, one thousand nine hundred ninety-six, The fee for the issuance of a Class E driver's
license shall be is two dollars and fifty cents per year for each
year such license is issued to be valid. The fee for issuance of
a Class D driver's license shall be is six dollars and twenty-five
cents per year for each year such license is issued to be valid.
An additional fee of fifty cents shall be collected from the
applicant at the time of original issuance or each renewal and such
the additional fee shall be deposited in the "combined voter
registration and driver's licensing fund", established pursuant to
the provisions of section twenty-two-a twelve, 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 is five
dollars.
The fee for issuance of a motorcycle-only license shall be is
two dollars and fifty cents for each year for which the motorcycle
license is to be valid. 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.
(c) On or after the first day of July, two thousand, the fee
for the issuance of either the level one or level two graduated driver's license as prescribed in section three-a of this article
is five dollars.
§17B-2-12. Expiration of licenses; renewal; renewal fees.
(a) Every driver's license shall expire four five years from
the date of its issuance, except as provided herein: 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) After the thirtieth day of June, one thousand nine hundred
ninety-six, the following shall apply:
(1) Every driver's license issued to persons who have attained
their twenty-first birthday shall expire expires on the last day of
the month designated by the commissioner 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 the following
subdivisions, no driver's license may be issued for less than three
years nor more than seven years and such the
driver's license shall
may be renewed in the month in which the applicant's birthday
occurs and shall be 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 driver's license issued to persons who have not
attained their twenty-first birthday except as provided in section
three-a of this article shall expire expires on the last day of the
month designated by the commissioner in the year in which the
applicant attains the age of twenty-one years.
(3) The driver's license of any person in the armed forces
shall be is extended for a period of six months from the date the
person is separated under honorable circumstances from active duty
in the armed forces.
(4) The commissioner may change the date that a driver's
license expires from the last day of the month in those years
specified in subdivisions (1) and (2) of this subsection to the day
of the month in which the applicant's birthday occurs in those
years. If the commissioner changes the expiration date, the change
may only affect new licenses and renewed licenses.
(c) (b) A person who allows his or her driver's license to
expire may apply to the division for renewal thereof of the
license. Application shall must be made upon a form furnished by
the division and shall must be accompanied by payment of the fee
required by section eight of this article plus an additional fee of five dollars. The commissioner shall must determine whether such
the person qualifies for a renewed license and may, in the
commissioner's discretion, renew any expired license which has been
expired less than thirty days without examination of the applicant.
(d) (c) Each renewal of a driver's license shall must contain
a new color photograph of the licensee. By first class mail to the
address last known to the division, the commissioner shall must
notify each person who holds a valid driver's license of the
expiration date of the license. The notice shall must be mailed at
least thirty days prior to the expiration date of the license and
shall must include a renewal application form.
§17B-2-13. Notice of change of address or name.
(a) Whenever any person after applying for or receiving a
driver's license moves from the address named in such the
application or in the license issued to such that person, or when
the name of a licensee is changed by marriage or otherwise, such
the person shall must within twenty days thereafter notify the
division in writing of the old and new addresses or of such the
former and new names and of the number of any license then held by
such that person on the forms prescribed by the division.
(b) Whenever any person, after applying for or receiving a driver's license, is assigned a new address by the United States
postal service or other legally constituted authority, the person
shall notify the division in writing of the old and new address and
of the number of any license held by the person. The notification
of change of address shall be made at least twenty days prior to
the final date on which mail with the old address is deliverable by
the United States postal service.
(c) The provisions of section one, article five of this chapter
relating to imprisonment do not apply to persons who violate the
provisions of this section.
CHAPTER 18. EDUCATION.
ARTICLE 6.
DRIVER EDUCATION.
§18-6-5. Establishment and maintenance of driver education course;
who may enroll; exemption from learner's permit requirement.
The state superintendent
shall must promote and direct the
establishment and maintenance of courses of instruction in driver
education in secondary schools in accordance with the provisions of
this article and the rules
and regulations that the state board
adopts pursuant to section four of this article. Directors,
trustees or other persons having control or authority over private,
parochial or denominational secondary schools, who establish and maintain such courses in the schools under their control or
supervision,
shall must comply with the rules
and regulations that
the state board adopts pursuant to section four of this article.
In the case of a pupil who
will does not reach
his sixteenth
birthday the age of fifteen years and six months before
he the
student completes the driver education course in which
he the
student is enrolled, instruction
shall be is limited to the
classroom. Pupils who
will reach their sixteenth birthday before
they complete the driver education course and those are
sixteen
years fifteen years, six months of age and older
shall will receive
instruction and practical training in the operation of motor
vehicles on the public streets and highways
and the pupil need not
have the learner's permit required by section five, article two,
chapter seventeen-b of this Code, if he is operating a dual control
automobile and a duly appointed instructor is actually occupying a
seat beside the pupil.
§18-6-8. Driver education course to be made available to all
secondary school pupils prior to their graduation; exemption;
application by pupil for unrestricted operator's license.
Before any pupil is graduated from a secondary school after the
first day of September, one thousand nine hundred seventy-five,
he the pupil shall will first be provided an opportunity and
encouraged to successfully complete a driver education course
approved by the state board in a public, private, parochial or
denominational secondary school within the state. If a pupil has
successfully completed a similar course in a secondary school of
another state and the course is accepted by the state board as
adequately meeting and complying with the course standards
established by the state board, then the
aforementioned requirement
shall be deemed is considered fulfilled regarding that pupil.
On or before the thirtieth day of June, two thousand, Any any
secondary school pupil sixteen years of age or older, but under
eighteen years of age, who has successfully completed a driver
education course approved by the state board in a public, private,
parochial or denominational secondary school within the state or a
similar course in a secondary school of another state and accepted
by the state board as adequately meeting and complying with the
course standards established by the state board,
shall, upon proper
application and successful completion of all examination and
driving tests required by law for issuance of an operator's license
to a person eighteen years of age or older,
must be issued an
operator's license without any restriction rather than the junior or probationary operator's license provided for in section three,
article two, chapter seventeen-b of this code.
On or after the first day of July, two thousand, any secondary
school pupil sixteen years of age or older, but under eighteen
years of age, who has successfully completed a driver education
course approved by the state board in a public, private, parochial
or denominational secondary school within the state or a similar
course in a secondary school of another state and accepted by the
state board as adequately meeting and complying with the course
standards established by the state board, shall be exempted from
submitting a sworn affidavit certified by the parent, legal
guardian or other responsible adult over the age of twenty-one
years that the applicant has successfully completed the minimum
number of hours of behind-the-wheel training as provided in section
three-a, article two, chapter seventeen-b of this code. of the code
must be issued an operator's license without any restriction rather
than the junior or probationary operator's license provided for in
section three,
article two, chapter seventeen-b of this code.
________
(NOTE: The purpose of this bill is to implement a graduated
driver's license program for persons under the age of eighteen.
The bill also updates the sections dealing with driver's licenses
to provide for the time frames for new residents to obtain a
driver's license, lower the minimum age for obtaining an
identification card,, establish minimum 30 day instruction period
prior to skills test for previously unlicensed applicants, increase
time period for reporting change of address caused by government
mandates. Other technical changes are made relating to changing related sections to reflect new graduated license, updating code
cross reference and correcting obsolete language.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)