H. B. 4324
(By Delegates Douglas and Warner)
[Introduced February 1, 2000; referred to the
Committee on Roads and Transportation then Finance.]
A BILL to amend and reenact sections one, one-a, two, three,
three-a, five, six, seven, seven-b, eight, eleven 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 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; updating sections
relating to time frames for new residents to obtain a
drivers license; establishing a minimum thirty day
instruction period prior to the skills test for adults
previously unlicensed; and revising driver license reciprocity provisions to reflect reciprocal agreements with
other states and countries.
Be it enacted by the Legislature of West Virginia:
That sections one, one-a, two, three, three-a, five, six,
seven, seven-b, eight, eleven 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 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; penalty.
(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 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 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 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 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 one, 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 for any person under the age of
eighteen may also be endorsed with the appropriate graduated
driver 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 on the license.
(d) No person, except those hereinafter expressly exempted,
shall 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 nondriver 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 two years. The division may also
issue a
nonoperator nondriver identification card to a person
under the age of two years for good cause shown;
(D) Has paid the required fee of two dollars and fifty cents
per year for each year the identification card is issued to be
valid:
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 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 card
with less information to persons under the age of sixteen. It
may be renewed on application and payment of the fee required by
this section.
(A) Every identification card issued to persons who have
attained their twenty-first birthday shall expire on the 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 paragraph (B)
or
(C) of this subdivision, no identification card may be issued for
less than three years nor more than seven years and shall 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 on the day of
the month designated by the commissioner in the year in which the
applicant attains the age of twenty-one years.
(C) Every identification card issued to persons under the
age of sixteen shall expire on the day of the month designated by
the commissioner in which the applicant's birthday occurs and
shall be issued for a period of two years.
(3) The identification card shall 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 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 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 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 unlawful
for a person to possess more than one valid driver's license at
any time.
(b) Every driver shall, 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. 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.
(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.
§17B-2-2. Persons exempt from license.
The following persons are exempt from license hereunder:
(1) Any person while operating a motor vehicle in the armed
services of the United States while in the performance of his
official duties;
(2) A nonresident who is at least sixteen years of age and who has in his immediate possession a valid driver's license
issued to
such the person in
such the person's home state or
country
unless the commissioner determines the person's home
state or country does not extend the same privileges to a
resident of this state, may operate a motor vehicle in this state
only as
an operator a noncommercial driver for a period not to
exceed ninety days in any one calendar year;
(3) A nonresident who is at least sixteen years of age, who
has in
such the person's immediate possession a valid driver's
license issued to
such the person in
such the person's home state
or country and who is employed in this state, or owns, maintains
or operates a place or places of business in this state, or
engages in any trade, profession or occupation in this state, in
addition to the driving privileges extended under subdivision (2)
of this section,
unless the commissioner determines the person's
home state or country does not extend the same privileges to a
resident of this state, may operate a motor vehicle in this state
only as
an operator a noncommercial driver in traveling to and
from
such the person's place or places of employment, place or
places of business or place or places at which
such the person
engages in
such the trade, profession or occupation and in the discharge of the duties of
such the person's employment,
business, trade, profession or occupation if
such the duties are
such that, if performed by a resident of the state of West
Virginia over the age of eighteen years of age,
such the resident
would not be required under the provisions of this chapter to
obtain a Class A, B, C or D driver's license.
However, this
subsection shall not exempt any person who is required to obtain
a West Virginia driver's license in accordance with the
provisions of section one-a of this article;
(4) A nonresident who is at least eighteen years of age and
who has in
such person's his or her immediate possession a valid
commercial driver's license issued to
such the person in
such
person's his or her home state or country
and which meets the
requirements of the federal commercial motor vehicle act of 1986,
title XI of public law 99-570 and unless the commissioner
determines the person's home state or country does not extend the
same privilege to a resident of this state may operate a motor
vehicle in this state either as a commercial
operator driver
subject to the age limits applicable to commercial
operators
driver in this state, or as
an a operator noncommercial driver
subject to the limitations imposed on nonresident
operators drivers in subdivisions (2) and (3) of this section;
(5) Any person who is a student, properly enrolled and
registered in an accredited school, college or university in this
state, who is at least sixteen years of age and who has in
such
person's his or her immediate possession a valid driver's license
issued to
such the person in
such the person's home state,
notwithstanding the limitations of subdivisions (2) and (3) of
this section may operate a motor vehicle in this state only as
an
operator noncommercial driver: Provided, That the state of which
such the
person is a resident shall extend the same privileges to
residents of this state. This exemption shall be cancelled
immediately when such the student is graduated from school,
college or university or is expelled or ceases to be a student.
§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 January, 2001,
a graduated drivers 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 or
revoked, during such the suspension or revocation; nor to any
person whose license (other than a junior 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.
§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 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 drivers 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 the parents a parent of the applicant; or
if only one parent is living, then by such 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) 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) 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 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) Level One Instruction Permit. -- An applicant who is
fifteen years six months 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 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, 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.
(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 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 fifty 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 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) Upon the first conviction for a moving traffic violation
or a violation of paragraph (A), (B), (C) or (D) of subdivision
one, subsection (j) 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) 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 road skills 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 (G), 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
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 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 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 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-2-5. Qualifications, issuance and fee for instruction
permits.
(a) Any person who is at least fifteen years six months of
age may apply to the division for an instruction permit.
However, any person who has not attained the age of eighteen
shall comply with the provisions of section three-a of this
article. The division may, in its discretion, after the
applicant has 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 entitles the applicant
while having the permit in his or her 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, a
driver's education or driving school instructor that is acting in
an official capacity as an instructor, who is alert and unimpaired or a certified division license examiner acting in an
official capacity as an examiner, who is occupying a seat beside
the driver. except in the event the permittee is operating a
motorcycle. In no event may the permittee operate a motorcycle
upon a public highway until reaching sixteen years of age
(1) Any instruction permit issued to a person under the age
of sixteen eighteen years shall be issued in accordance with the
provisions of section three-a of this article. expires sixty
days after the permittee reaches sixteen years of age: Provided,
That only permittees who have reached their sixteenth birthday
may 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
(2) Any permit issued to a person who has reached the age of
sixteen eighteen years is valid for a period of sixty days and
may be renewed within a period of sixty days without
reexamination for an additional period of sixty days or a new
permit issued. The fee for the instruction permit 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 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 January, two thousand one, any person under the
age of eighteen must have first completed the requirements for a
level two intermediate driver's license set forth in 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 may, in its discretion, after the applicant has
successfully passed all parts of the motorcycle examination other
than the driving 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 the permit in
his or her 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 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 is 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.
(a) 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 the an applicant
under the age of eighteen to not more than three attempts to pass
the road skills test. An applicant age eighteen years or older
is entitled to not more than three attempts to pass the
examination road skills test within a period of sixty days from
the date of application, issuance of the instruction permit.
except that no An applicant who fails either the written test or
the road skills test may not be examined tested twice within a
period of one week.
(b) Any applicant 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 an
applicant who has obtained at least a level two graduated
license or junior driver's license issued under the provisions of
this article or has obtained an equal or greater level of
licensure if previously licensed in another state.
(c) 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
the suspension, revocation or refusal, whether the applicant
desires a notation on the drivers license indicating that the
applicant is a diabetic, and such other pertinent information as
the commissioner may require.
§17B-2-7. Examination of applicants.
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