H. B. 4430
(By Delegates Warner and Renner)
[Introduced
February 12, 2004
; referred to the
Committee on Roads and Transportation then the Judiciary.]
A BILL to amend and reenact §17B-2-1, §17B-2-1a, §17B-2-2,
§17B-2-3a, §17B-2-5, §17B-2-6, §17B-2-7, §17B-2-7a, §17B-2-7b,
§17B-2-7c, §17B-2-8 and §17B-2-12 of the code of West
Virginia, 1931, as amended; all relating to the
qualifications, eligibility, issuance, expiration and
disposition of driver's licenses and nondriver identification
cards; fees and funding and providing immunity for official
actions of members of the driver's license advisory board.
Be it enacted by the Legislature of West Virginia:
That §17B-2-1, §17B-2-1a, §17B-2-2, §17B-2-3a, §17B-2-5,
§17B-2-6, §17B-2-7, §17B-2-7a, §17B-2-7b, §17B-2-7c, §17B-2-8 and
§17B-2-12
of the code of West Virginia, 1931, as amended, be
amended and reenacted; all to read as follows:
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 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 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. Licenses shall be
issued in different colors for those drivers under age eighteen,
those drivers age eighteen to twenty-one and adult drivers. The
commissioner is authorized to select and assign colors to the
licenses of the various age groups.
The commissioner shall
implement color-coded licenses on or before the first day of
January, two thousand one.
(c) Driver's licenses issued by the division shall be
classified in the following manner
and may only be issued to
persons who are residents of this state pursuant to the provisions
of section one-a, article three, chapter seventeen-a of this code
and only to those persons who can show that they are a citizen of
the United States or that their presence in this country has been
authorized by the United States immigration and naturalization
service of the United States department of homeland security.
(1) Class A, B or C license shall be issued to
those persons
residents, 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 the Motor Carrier Safety Improvement Act of 1999
and subsequent rules, and have paid the required fee.
(2) Class D license shall be issued to
those persons residents
eighteen years
and of age or older with one year of 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 residents
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 residents
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, D or E driver's license.
(5) (d) All licenses issued under this section may contain information designating the licensee as
a an organ donor,
diabetic, or as deaf or hard of hearing and for other handicapped
or disabled persons in accordance with criteria established by the
division, if the licensee requests this information on the license.
(d) (e) 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 the
subdivision street is generally used by the public unless the
person has a valid motorcycle
only 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) (f) (1) A 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
and who can also show that they are a citizen of the
United States or that their presence in this country has been
authorized by the United States immigration and naturalization
service of the United States department of homeland security;
(B) Does not have a valid driver's license;
(C) Has reached the age of two years. The division may also
issue a 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 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 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.
The division may
issue a nondriver identification card to a person who is not a
citizen of the United States for only the period of time the person
is legally authorized to be in the United States, not to exceed
five years. If the time the person is authorized to be in the
United States is extended, the commissioner may renew the nondriver
identification card for the time extended, not to exceed five
years.
(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) 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 on 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
thirty days after
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) (g) 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
the person has signed and submitted to the division an affidavit to
the effect that 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 The
division shall notify the driver licensing authority of the prior
state or jurisdiction of licensure that the applicant has been
issued a license 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.
(c) 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
or jurisdiction of prior licensing.
(c) (d) 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:
Provided, That the commissioner may, by legislative rule, establish
criteria to waive the written and road skills test for applicants
who possess a valid driver's license.
§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
with the
appropriate class, type and endorsements for the motor vehicle he
or she is operating in this state, issued to the person in 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.
No person may operate a
commercial motor vehicle as defined in 49 C.F.R. §383.5 in this state unless the person possesses a commercial driver's license
which meets the standards contained in 49 C.F.R. Subpart J; or may
operate a motor vehicle in this state only as 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 the person's immediate possession a valid driver's license
issued to the person in 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 a noncommercial
driver in traveling to and from the person's place or places of
employment, place or places of business or place or places at which
the person engages in the trade, profession or occupation and in
the discharge of the duties of the person's employment, business,
trade, profession or occupation if the duties are such that, if
performed by a resident of the state of West Virginia over the age
of eighteen years of age, 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 his or her immediate possession a valid commercial
driver's license issued to the person in 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 driver
subject to the age limits applicable to commercial driver in this
state, or as a noncommercial driver subject to the limitations
imposed on nonresident drivers in subdivisions (2) and (3) of this
section;
(5) (3) 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 his or
her immediate possession a valid driver's license
with the
appropriate class, type and endorsements for the motor vehicle he
or she is operating in this state, issued to the person in the
person's home state
or jurisdiction: notwithstanding the
limitations of subdivisions (2) and (3) of this section may operate
a motor vehicle in this state only as noncommercial driver
Provided, That the state
or jurisdiction of which the person is a resident shall extend the same privileges to residents of this
state. This exemption shall be canceled immediately when the
student is graduated from school, college or university or is
expelled or ceases to be a student.
§17B-2-3a. 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 driver's license issued before the first day of January, two
thousand one, unless otherwise suspended, revoked or canceled will
continue to be valid, and under the same restrictions, until the licensee's eighteenth birthday.
(b) In addition to all other provisions of this chapter for
which a driver's license may be revoked, suspended or canceled,
whenever a person holding a junior driver's license operates a
motor vehicle in violation of the conditions or restrictions set
forth on the license, or has a record of two convictions for moving
violations of the traffic regulations and laws of the road, which
convictions have become final, the junior driver's license of the
person shall be permanently revoked, with like effect as if the
person had never held a junior driver's license: Provided, That a
junior driver's license shall be revoked upon one final conviction
for any offense described in section five, article three of this
chapter. Under no circumstances shall such a license be revoked
for convictions of offenses in violation of any regulation or law
governing the standing or parking of motor vehicles.
(c) A junior driver's license shall be suspended for
noncompliance with the provisions of section eleven, article eight,
chapter eighteen of this code, and may be reinstated upon
compliance.
(d) A person whose junior driver's license has been revoked,
or has been suspended without reinstatement, shall not thereafter
receive a junior driver's license, but the person, upon attaining
the age of eighteen, shall be eligible, unless otherwise
disqualified by law, for examination and driver testing for a regular driver's license. If a person has had his or her junior
driver's license revoked for a violation pursuant to section one or
two, article five-a, chapter seventeen-c of this code or any
offense specified in subsection (6), section five, article three of
this chapter, or has been adjudicated delinquent upon a charge
which would be a crime under the provisions of section two, article
five, chapter seventeen-c of this code if committed by an adult,
the person shall be disqualified for examination and driver testing
for a regular driver's license until that person: (1) Has attained
the age of eighteen years; (2) has successfully completed the
safety and treatment program provided for in section three, article
five-a, chapter seventeen-c of this code; and (3) has had his or
her junior driver's license revoked or suspended for the applicable
statutory period of revocation or suspension or a period of time
equal to the period of revocation or suspension which would have
been imposed pursuant to section two of said article if the person
had a regular driver's license at the time of the violation.
(e) No person shall receive a junior driver's license unless
the application therefor is accompanied by a writing, duly
acknowledged, consenting to the issuance of the junior driver's
license and executed by a parent of the applicant; or if only one
parent is living, then by the parent; or if the parents be living
separate and apart, by the one to whom the custody of the applicant
was awarded; or if there is a guardian entitled to the custody of the applicant, then by the guardian.
(f) Upon attaining the age of eighteen years, a person holding
an unrevoked, unsuspended or reinstated junior driver's license
shall be entitled to exercise all the privileges of a regular
driver's license without further examination or driver testing.
(g) (a) On and after the first day of January, two thousand
one, any No person under the age of eighteen
who does not possess
a junior or regular driver's license may
not operate a motor
vehicle unless he or she has obtained a graduated driver's license
in accordance with the three level graduated driver's license
system described in the following provisions.
(h) (b) Any person under the age of twenty-one, regardless of
class or level
or of licensure, who operates a motor vehicle with
any measurable alcohol in his or her system is subject to the
provisions of section two, article five, and section two, article
five-a both of chapter seventeen-c of this code. Any person under
the age of eighteen, regardless of class or licensure level, is
subject to the mandatory school attendance provisions of section
eleven, article eight, chapter eighteen of this code.
(i) (c) Level one instruction permit. -- An applicant who is
fifteen years or older
but less than eighteen years old, meeting
who meets 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
custodial parent or
legal guardian entitled to custody of the
applicant;
(B) Presents a certified birth certificate issued by a state
or other governmental entity
of the United States, responsible for
vital records, evidencing that the applicant meets the minimum age
requirement,
and the satisfaction of any other requirement of this
code. If the applicant is a not a citizen of the United States, he
or she shall present proof of legal presence in this country as
well as documents prescribed by the division, 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
which entitles the applicant to
one attempt to pass the written knowledge test. An applicant who
fails the written test may not again be tested on that day.
(2)
Terms and conditions of instruction permit. --
(A) A level one instruction permit issued under the provisions
of this section is valid for a period of fourteen months and is not
renewable.
(i) 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
as if
he or she never held an instruction permit.
(ii) 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.
(iii) 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
reapply and
retest if otherwise eligible.
(B) 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) (i) 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) (ii) Between the hours of five a.m. and eleven p.m.;
(C) (iii) All occupants must use safety belts in accordance
with the provisions of section forty-nine, article fifteen, chapter
seventeen-c of this code;
(D) (iv) 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) (v) Maintains current school enrollment or otherwise shows
compliance with the provisions of section eleven, article eight,
chapter eighteen of this code.
(j) (d) Level two intermediate driver's license. -- An
applicant sixteen years of age or older, meeting all other
requirements of the code, may be issued a level two intermediate
driver's license.
(1)
Eligibility. -- The division shall not issue a level two
intermediate driver's license unless the applicant:
(A) Presents a completed application as prescribed in section six of this article;
(B) Has held the level one instruction permit conviction-free
for the
continuous period of one hundred eighty days immediately
preceding the date of application for a level two intermediate
license;
(C) Has completed one of the following:
(i) either A driver's education course approved by the state
department of education, or
(ii) Thirty hours of behind the wheel driving experience
certified by a parent or legal guardian or other responsible adult
over the age of twenty-one as indicated on the form prescribed by
the division:
Provided, That nothing in this paragraph shall be
construed to require any school or any county board of education to
provide any particular number of driver's education courses or to
provide driver's education training to any student;
(D) Presents a current school enrollment form or otherwise
shows compliance with the provisions of section eleven, article
eight, chapter eighteen of this code;
(E) Passes the road skills examination as prescribed by
section seven of this article; and
(F) Pays a fee of five dollars
which entitles the applicant to
three attempts to pass the roads skill test. An applicant who
fails the roads skills test may not be tested twice within a period
of one week.
(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 thirty days after
the day
designated by the commissioner of the month in upon 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) (e) Level three, full Class E license. -- The level three
license is valid until
thirty days after the day
designated by the
commissioner of the month in upon which the licensee attains the
age of twenty-one. Unless otherwise provided in this section or
any other section of this code, the holder of a level three full
Class E license is subject to the same terms and conditions as the
holder of a regular Class E driver's license. A level two
intermediate licensee whose privilege to operate a motor vehicle
has not been suspended, revoked or otherwise canceled and who meets
all other requirements of the code, may be issued a level three
full Class E license without further examination or road skills
testing, if the licensee:
(1) Has reached the age of seventeen years; and
(A) Presents a completed application as prescribed by the
provisions of section six of this article;
(B) Has held the level two intermediate license conviction-free for the twelve-month period immediately preceding
the date of the application;
(C) Has completed any
required 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 section twelve, article two,
chapter three of this code; or
(2) Reaches the age of eighteen years; and
(A) Presents a completed application as prescribed by the
provisions of section six of this article; and
(B) Pays a fee of two dollars and fifty cents for each year
the license is valid. An additional fee of fifty cents shall be
collected to be deposited in the combined voter registration and
driver's licensing fund established in section twelve, article two,
chapter three of this code.
§17B-2-5. Qualifications, issuance and fee for instruction
permits.
(a) Any person who is at least fifteen years of age may apply
to the division for an instruction permit
upon a form provided by
the division. However, any person who has not attained the age of
eighteen shall comply with the provisions of section three-a of this article.
(b) The division may
issue to the applicant an instruction
permit, in its discretion, after the applicant has:
(1) Paid a fee of five dollars which entitles the applicant to
one attempt to pass the written test. An applicant who fails the
written knowledge test may not be tested twice on the same day;
(2) Successfully passed all parts of the examination other
than the road skills test;
and issue to the applicant an
instruction permit which
(3) Satisfies any other requirement of this code.
(c) The instruction permit 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.
(1) (d) Any instruction permit issued to a person under the
age of eighteen years shall be issued in accordance with the
provisions of section three-a of this article.
(2) (e) Any permit issued to a person who has reached the age
of 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) (f) Any person sixteen years of age or older may apply to
the division for a motorcycle instruction permit.
(1) 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 (1), subsection
(j), section three-a of this article,
junior driver's license or
driver's license before being eligible for a motorcycle instruction
permit.
(2) 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
if under the age of eighteen, 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.
(3) No holder of a motorcycle instruction permit shall operate
a motorcycle while carrying any passenger on the vehicle.
(4) 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; 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 the fee shall entitle 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 road skills test within a
period of sixty days from the date of issuance of the instruction
permit. An applicant who fails
either the written test or the road
skills test may not be tested twice within a period of one week.
Any person who has not attained the age of eighteen years shall
comply with the provisions of section three-a of this article.
(b) Any applicant who has not been previously licensed must hold an instruction permit for a minimum of thirty days.
The
commissioner may waive this requirement for an applicant aged
eighteen years or older, who has been accepted for military
service. 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 the suspension, revocation
or refusal, whether the applicant desires a notation on the
driver's license indicating that the applicant is
a an organ donor,
a diabetic,
or deaf, or hard of hearing, or has any other handicap
or disability and such other pertinent information as the
commissioner may require.
§17B-2-7. Examination of applicants.
(a) Upon the presentment of the applicant's birth certificate,
or a certified copy of the birth certificate issued by a state or other governmental entity responsible for vital records,
or
documents establishing an applicant's legal presence in this
country as evidence that the applicant is of lawful age and
verifiable identity,
and satisfaction of any other requirement of
this code, the division of motor vehicles 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. The examination shall also include
an actual demonstration of ability to exercise ordinary and
reasonable control in the operation of a motor vehicle, and any
further physical and mental examination as the division of motor
vehicles considers necessary to determine the applicant's fitness
to operate a motor vehicle safely upon the highways.
(b) The commissioner shall propose legislative rules for
promulgation in accordance with the provisions of article three,
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 shall
be in accordance with the rules. The rules shall 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,
junior driver's license, graduated driver's license, or
motorcycle-only license shall 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 use as lecturers at those 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-2-7a. Driver's licensing advisory board.
(a) The driver's licensing advisory board is hereby continued.
The board shall consist of five members to be appointed by the
governor, by and with the advice and consent of the Senate, for
terms of three years.
except that as to the members first
appointed, two shall be appointed for a term of three years, two shall be appointed for a term of two years and one shall be
appointed for a term of one year, all from the first day of July,
one thousand nine hundred seventy-four All vacancies occurring on
the board shall be filled by the governor, by and with the advice
and consent of the Senate. One member of the board shall be an
optometrist duly registered to practice optometry in this state and
the other four members of the board shall be physicians or surgeons
duly licensed to practice medicine or surgery in this state. The
governor shall appoint persons qualified to serve on the board who,
in his opinion, will best serve the work and function of the board.
(b) The board shall advise the commissioner of motor vehicles
as to vision standards and all other medical criteria of whatever
kind or nature relevant to the licensing of persons to operate
motor vehicles under the provisions of this chapter. The board
shall, upon request, advise the commissioner of motor vehicles as
to the mental or physical fitness of an applicant for, or the
holder of, a license to operate a motor vehicle. The board shall
furnish the commissioner with all such medical standards,
statistics, data, professional information and advice as he may
reasonably request.
(c) The members of the board shall receive compensation and
expense reimbursement in an amount not to exceed the same
compensation and expense reimbursement as is paid to members of the
Legislature for their interim duties as recommended by the citizens legislative compensation commission and authorized by law, for each
day or substantial portion thereof engaged in the performance of
official duties.
(d) No civil or criminal action lies against any member of
the board who acts in good faith in advising the commissioner under
the provisions of this section. Good faith is presumed on the part
of members of the board in the absence of fraud or malice.
(e) Pursuant to the provisions of article ten, chapter four of
this code, the driver's licensing advisory board shall continue to
exist until the first day of July, two thousand
three nine.
§17B-2-7b. Separate examination and endorsement for a license
valid for operation of motorcycle
.
The state police shall administer a separate motorcycle
examination for applicants for a license valid for operation of a
motorcycle. On and after the first day of July, two thousand, the
division of motor vehicles shall administer the examination
provided for in this section.
(a) Any applicant for a license valid for operation of a
motorcycle shall be required to successfully complete the
motorcycle examination, which is in addition to the examination
administered pursuant to section
three-a and seven of this article.
and, if under
(b) Any applicant under the age of eighteen
years,
shall be is
required to complete 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 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.
(c) The motorcycle examination shall test the applicant's
knowledge of the operation of a motorcycle and of any traffic laws
specifically relating to the operation of a motorcycle and shall
include an actual demonstration of the ability to exercise ordinary
and reasonable control in the operation of a motorcycle.
(d) 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.
(e) The examination provided in this section shall 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
:
Provided, however, That any holder of a
motorcycle-only license
under the age of eighteen shall be subject to the
privileges and restrictions pertaining to a level two intermediate graduated
driver's license in accordance with the provisions of
paragraphs
(A), (B), (E), (F), (G) and (H), subdivision (2), subsection (j),
section three-a of this article.
(f) Every person, including those holding a valid driver's
license, is required to take the examination specified in this
section
unless otherwise exempt, to obtain a motorcycle license or
endorsement.
§17B-2-7c. Motorcycle license examination fund.
(a) 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 used
and paid out upon order of the
West Virginia state police solely
for the purposes specified in this article. On the thirtieth day
of June, two thousand, the special revolving fund created in this
section shall be established under the division of motor vehicles
and shall be paid out upon order of the commissioner.
Any
unexpended balance remaining in the special revolving fund on the
thirtieth day of June, two thousand, shall be transferred to the
fund established under the division of motor vehicles.
(b) The fund shall be used by the division to defray the costs
of implementing and administering a special motorcycle license
examination, including a motorcycle driving test,
and for
motorcycle awareness and safety.
§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 contain a coded number
assigned to the licensee, the full name, date of birth, residence
address,
or mailing address if different, a brief description and
a color photograph of the licensee and
either a facsimile of the
signature of the licensee.
or a space upon which the signature of
the licensee shall be written with pen and ink immediately upon
receipt of the license No license 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 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, the license.
(b) The fee for the issuance of a Class E driver's license is
two dollars and fifty cents per year for each year the license is
issued to be valid. The fee for issuance of a Class D driver's
license is six dollars and twenty-five cents per year for each year
the 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 the additional fee shall be deposited
in the "combined voter registration and driver's licensing fund,"
established pursuant to the provisions of section twelve, article
two, chapter three of this code.
(c) The additional fee for adding a motorcycle endorsement to
a driver's license is one dollar per year for each year the license
is issued. The fee for issuance of a motorcycle-only license 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 January, two thousand one,
the (d) 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) Except as provided in subsection (e) of this section,
every driver's license shall expire five years from the date of its
issuance
on the birthday of the licensee: Provided, That the
division may extend the expiration date of licenses issued to
persons who have not attained their twenty first birthday for a
period of thirty days to provide for the issuance of age-based
color coded licenses as provided in section one of this article.
(b) (1) Every driver's license 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 the following
subdivisions and in subsection (e) of this section, no driver's
license 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
(2) Every driver's license 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, except as provided
in section three-a of this article.
(3) (2) The driver's license of any person in the armed forces 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) A person who allows his or her driver's license to expire
may apply to the division for renewal of the license. Application
shall be made upon a form furnished by the division and shall be
accompanied by payment of the fee required by section eight of this
article plus an additional fee of five dollars. The commissioner
shall determine whether the person qualifies for a renewed license
and may, in the commissioner's discretion, renew any expired
license without examination of the applicant
pursuant to
legislative rules proposed for legislative approval in accordance
with the provisions of article three, chapter twenty-nine-a of this
code.
(d) Each renewal of a driver's license shall contain a new
color photograph of the licensee.
By first class mail to the
address last known to the division, The commissioner shall notify
each person who holds a valid driver's license of the expiration date of the license
by first class mail to the address last known
to the division. The notice shall be mailed at least thirty days
prior to the expiration date of the license and shall include a
renewal application form.
(e) A license issued to a person who is not a citizen of the
United States may only be issued for the time the person is legally
authorized to be in the United States, not to exceed five years.
If the time the person is authorized to be in the United States is
extended, the commissioner may renew the license for the time
extended, not to exceed five years.
NOTE: The purpose of this bill is to update the driver
licensing procedures, specifically to require applicants for a
driver's license to pay the level 1 or instruction permit fee
before each attempt to pass the written test, and generally update
the provisions of Article 2 to reflect the graduated driver's
license program, current residency, and legal presence
requirements.
The bill also extends immunity from civil and criminal
liability for good faith actions of the Driver's License Advisory
Board. This provision was a legislative performance audit
recommendation.
Strike-throughs indicate language that would be stricken from
the present law and underscoring indicates new language that would
be added.
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