Senate Bill No. 151
(By Senators Love, Ball, Dittmar, Oliverio, Hunter, Ross,
Dawson, Sharpe and Walker)
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[Introduced January 19, 2000; referred to the Committee
on Transportation; and then to the Committee on Finances.]
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A BILL to amend and reenact sections one, one-a, two, three,
three-a, five, six, seven, seven-b, eight and twelve,
article two, chapter seventeen-b of the code of West
Virginia, one thousand nine hundred thirty-one, as amended;
to amend and reenact sections one, two, three, four, five,
eight and nine, article six, chapter eighteen of said code;
and to amend and reenact section eleven, article eight of
said chapter, all relating to implementing a graduated
driver's license program for persons under the age of
eighteen; providing timeframes for new residents to obtain
a driver's license; establishing motorcycle size operating restrictions based on size of motorcycle used in skills
test; and establishing minimum thirty-day instruction period
prior to skills test for previously unlicensed applicants.
Be it enacted by the Legislature of West Virginia:
That sections one, one-a, two, three, three-a, five, six,
seven, seven-b, eight 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; that
sections one, two, three, four, five, eight and nine, article
six, chapter eighteen of said code be amended and reenacted; and
that section eleven, article eight of said chapter 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 is 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 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 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 of any person under the age of
eighteen shall 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 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 two years. The division may also
issue a nonoperator 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
an 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 expires 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 each card 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.
(B) Every identification card issued to persons who have not
attained their twenty-first birthday
shall expire expires 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 expires 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 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 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) 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-2-2. Persons exempt from license.
The following persons are exempt from license
hereunder
under this article:
(1) Any person while operating a motor vehicle in the armed
services of the United States while in the performance of his
or
her official duties;
(2) A nonresident who is at least sixteen years of age and
who has in his
or her immediate possession a valid driver's
license issued to
such the person in
such the person's home state
or country may operate a motor vehicle in this state only as an
operator 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 that person's immediate possession a valid driver's
license issued to
such that person in
such that 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, may operate a motor vehicle in
this state only as an operator in traveling to and from
such that
person's place or places of employment, place or places of
business or place or places at which
such that person engages in
such the trade, profession or occupation and in the discharge of
the duties of
such that 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 that resident would not be
required under the provisions of this chapter to obtain a Class
A, B, C or D driver's license;
(4) A nonresident who is at least eighteen years of age and
who has in
such that person's immediate possession a valid
commercial driver's license issued to
such that person in
such
that person's home state or country may operate a motor vehicle
in this state either as a commercial operator subject to the age
limits applicable to commercial operators in this state, or as an
operator subject to the limitations imposed on nonresident
operators 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
that person's immediate possession a valid driver's license
issued to
such that person in
such that 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:
Provided, That the state of which
such that person is
a resident
shall extend extends the same privileges to residents
of this state. This exemption
shall be is canceled 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 may not be licensed; exceptions.
The division
shall may not issue any license
hereunder under
this article:
(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 one, 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 the 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 one, 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;
or
(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 one, the division may 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 one, 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 for the license 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 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 subsections (h) through (k) of this section.
(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 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 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 ten p.m.;
(C) If all occupants use safety belts, unless exempted in
accordance with the provisions of subsection (b), 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 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 or
legal guardian on the form prescribed by the division;
(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 ten p.m.;
(B) Only under the direct supervision of a licensed driver,
age twenty-one years or older, between the hours of ten p.m. and
five a.m. except when the licensee is going to or returning from:
(i) Lawful employment;
(ii) A school sanctioned activity;
(iii) A religious event; or
(iv) An emergency situation that requires the licensee to
operate a motor vehicle to prevent bodily injury or death of
another;
(C) If all occupants use safety belts, unless exempted in
accordance with the provisions of subsection (b), section
forty-nine, article fifteen, chapter seventeen-c of this code;
(D) Operates the vehicle with a maximum of three passengers
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 (A), (B) , (C) or (D) above 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; 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 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 subsection (k); 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 last day
of the month of the licensee's twenty-first birthday. 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 confers on 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 or by imprisonment for not more than six months
or by both such fine and imprisonment in accordance with the
provisions of article five of this chapter.
§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
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 and who is
occupying a seat beside the driver, 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.
Any instruction permit issued to a person under the age of
sixteen years 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.
Any
instruction 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 after expiration 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 July, two thousand one, any person under the
age of eighteen must have first successfully obtained a level two
intermediate license, 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 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 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 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 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.
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 The 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 ever 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.
(a) Upon the presentment
by the applicant under the age of eighteen years of the applicant's
certified birth certificate
or
a certified copy of the birth certificate issued by a state or
other governmental entity responsible for vital records, as
evidence that the applicant is of lawful age,
and verifiable
identity 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,
graduated driver's license, junior 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 utilize 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-2-7b. 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. Any applicant for a license valid
for operation of a motorcycle
shall be is required to
successfully complete the motorcycle examination, which is in
addition to the examination administered pursuant to section
seven of this article
and, if under the age of eighteen, obtained
at least a level two graduated driver's license: 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. 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. 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 applicant who successfully completes the motorcycle
examination on a motorcycle with a piston displacement of five
hundred cubic centimeters or less is restricted to the operation
of only motorcycles with a piston displacement of five hundred
cubic centimeters or less.
Every person, including those holding a valid driver's
license, is required to take the examination specified in this
section to obtain a motorcycle license or endorsement.
§17B-2-8. Issuance and contents of licenses; fees.
(a) The division shall, upon payment of the required fee,
issue to every
qualified 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
a 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 a 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 a 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) After the thirtieth day of June, one thousand nine
hundred ninety-six
(b) 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 the 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 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
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 one,
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 five years from the
date of its issuance,
except as otherwise provided in this
section.
(b)(1) Every driver's license issued to persons who have
attained their twenty-first birthday
shall expire expires 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, 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 except as
provided in section three-a of this article, expires on the 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
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
which has been expired less
than thirty days without examination of the applicant.
(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. The notice shall be mailed at least thirty days prior to the expiration date of the license and shall
include a renewal application form.
CHAPTER 18. EDUCATION.
ARTICLE 6.
DRIVER EDUCATION.
§18-6-1. Purpose and objectives of article.
The purpose of this article is to ensure that every
secondary school pupil has the opportunity, at or about the time
he
or she reaches licensing age, to enroll in a course of driver
education designed to train him
or her to drive skillfully and
safely under all traffic and roadway conditions and
circumstances; to make the driver education course available to
out-of-school youths and to adults; and to ensure that commercial
driver education schools achieve and maintain a level of driver
education equal to the minimum standards that are prescribed for
secondary schools.
§18-6-2. Where provided; implementation deadlines; priorities
for course availability.
No later than the first day of the public school term
beginning in the year one thousand nine hundred seventy-three
There shall be offered in all public secondary schools within the
state an approved, comprehensive course in driver education.
As the first priority, the driver education course
shall
must be made available at no cost to all secondary school pupils
at or about the time they reach licensing age.
As the second priority, the driver education course
shall
must be made available to all persons who do not attend secondary
schools who have reached their sixteenth birthday and are under
eighteen years of age. County boards of education may require
the persons described in this paragraph who enroll in a public
secondary school driver education course to pay tuition not to
exceed fifty dollars.
As the third priority, the driver education course
shall
must be made available to all persons who do not attend secondary
school who are eighteen years of age or older, but first
consideration for persons in this age group
shall must be given
to those who are applying for their first
operator's driver's
license. County boards of education may require the persons
described in this paragraph who enroll in a public secondary
school driver education course to pay tuition not to exceed
seventy-five dollars.
In those counties where sufficient public secondary
school driver education courses are not available to meet all requests for the course, county boards of education
shall must,
as quickly as possible, make sufficient courses available to fill
those requests.
§18-6-3. State board to establish minimum course standards;
students with mental or physical defects; minimum
standards specified.
(a) The state board of education
shall must establish
minimum standards for all driver education courses offered and
made available to persons within the state, regardless of whether
the courses are offered by public, private, parochial,
denominational or commercial schools, but no person
shall may be
permitted to enroll in any driver education course who has a
known mental or physical defect that would prevent the person
from qualifying for an
operator's driver's license, unless the
mental or physical defect is controlled or corrected so the
person could so qualify.
(b) The minimum standards
shall must provide at least that:
(1) All driver education courses offered within the state
are taught by instructors certified by the state board as
qualified for these purposes.
(2) Each person enrolled in a driver education course
shall must receive practice driving and observation in a dual control
automobile and instruction in at least the following:
(A) Basic and advanced driving techniques, including
techniques for handling emergencies;
(B) Traffic regulations and laws of the road as provided in
chapter seventeen-c of this code, and other applicable state and
local laws and ordinances;
(C) Critical mechanical parts of vehicles requiring
preventive maintenance for safety;
(D) The vehicle, highway and community features that aid the
driver in avoiding crashes; protect
him and his the driver and
the driver's passengers in crashes; and maximize the salvage of
the injured;
(E) Signs, signals, highway markings and highway design
features which require understanding for safe operation of motor
vehicles;
(F) Differences in characteristics of urban and rural
driving, including safe use of modern expressways;
(G) Pedestrian safety;
and
(H) Motorcycle safety awareness.
(c) In addition, in driver education courses participating students
shall must be encouraged to acquire first aid skills.
§18-6-4. Rules.
In accordance with chapter twenty-nine-a of this code, the
state board
shall must, with the advice of the state
superintendent and the superintendent of the
department of public
safety West Virginia state police, adopt rules
and regulations
governing the establishment, conduct and scope of driver
education for use in the public, private, parochial and
denominational secondary schools located within this state,
subject to the requirements and exceptions set forth in this
article.
§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 the 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 limited to the
classroom. Pupils who
will reach their sixteenth birthday before
they complete the driver education course and those are sixteen
years are fifteen years, six months of age and older shall
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 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 one,
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, 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 one, 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, upon proper application and successful completion of all
examination and driving tests required by law for issuance of a
driver's license without first submitting a sworn affidavit
certified by the parent or legal guardian 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 the code shall 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.
§18-6-9. Commercial driver education schools - Course of
instruction; issuance and renewal of license; fee;
application for license; inspections and revocation
of license; lists of schools offering approved
courses.
The state board shall prescribe a course of instruction for
commercial driver education schools in West Virginia. The
requirements and quality of the course of instruction prescribed
for commercial driver education schools
shall must be at least
equal to the minimum standards that are prescribed for secondary
schools. The state superintendent shall issue licenses to
commercial driver education schools which offer courses of
instruction in driver education which comply with the course of
study approved by the state board.
A fee of fifty dollars shall be charged by the state
superintendent for the issuance of
any such the license, which
may be renewed annually, for a fee of fifty dollars, so long as
the licensee complies with the requirements of this article. Sums so received shall be deposited into the state treasury and
credited to an account of the department of education for the
administration of the provisions of this article.
An application for a license to operate a licensed
commercial driver education school
shall must be made upon an
official form prescribed by the state superintendent, and
licenses
shall be granted only when the state superintendent is
satisfied that the school offers a course of driver education
which complies with the requirements approved by the state board.
The state superintendent shall periodically cause an
inspection to be made of all licensed schools. He
or she shall
revoke and require the surrender of the license of any school
that fails to achieve and maintain the minimum course standards
prescribed
therefor for the school or that
he the superintendent
finds is not conducting a driver education course that is in
conformity with the requirements approved by the state board.
The state superintendent shall maintain, file and make
available at his
or her office and at other places he
or she
selects lists of all public and nonpublic schools offering
approved courses of driver education and all commercial schools
holding licenses and those whose licenses have been revoked. The state superintendent shall keep the list current and shall
furnish a copy of the list to the commissioner of motor vehicles,
superintendent of the West Virginia state police and to the
commissioner of insurance.
ARTICLE 8.
COMPULSORY SCHOOL ATTENDANCE.
§18-8-11. School attendance as condition of licensing for
privilege of operation of motor vehicle.
(a) In accordance with the provisions of sections three and
five, article two, chapter seventeen-b of this code, the division
of motor vehicles shall deny a license or instruction permit for
the operation of a motor vehicle to any person under the age of
eighteen who does not at the time of application present a
diploma or other certificate of graduation issued to the person
from a secondary high school of this state or any other state or
documentation that the person: (1) Is enrolled and making
satisfactory progress in a course leading to a general
educational development certificate (GED) from a state approved
institution or organization, or has obtained
such the
certificate; (2) is enrolled in a secondary school of this state
or any other state; (3) is excused from
such this requirement due
to circumstances beyond his or her control; or (4) is enrolled in an institution of higher education as a full-time student in this
state or any other state.
(b) The attendance director or chief administrator shall
provide documentation of enrollment status on a form approved by
the department of education to any student fifteen years,
six
months of age but less than eighteen years of age or older upon
request who is properly enrolled in a school under the
jurisdiction of the official for presentation to the division of
motor vehicles on application for or reinstatement of an
instruction permit or license to operate a motor vehicle.
Whenever a student fifteen years,
six months of age but less than
eighteen years of age withdraws from school, except as provided
in subsection (d) of this section, the attendance director or
chief administrator shall notify the division of motor vehicles
of the withdrawal not later than five days from the withdrawal
date. Within five days of receipt of the notice, the division of
motor vehicles shall send notice to the licensee that the license
will be suspended under the provisions of section three, article
two, chapter seventeen-b of this code on the thirtieth day
following the date the notice was sent unless documentation of
compliance with the provisions of this section is received by the division of motor vehicles before
such that time.
(c) For the purposes of this section, withdrawal
shall be is
defined as more than ten consecutive or fifteen days total
unexcused absences during a school year. For the purposes of this
section, suspension or expulsion from school or imprisonment in
a jail or a penitentiary is not a circumstance beyond the control
of
such the person.
(d) Whenever the withdrawal from school of
such the student,
or
such the student's failure to enroll in a course leading to or
to obtain a GED or high school diploma, is beyond the control of
such the student, or is for the purpose of transfer to another
school as confirmed in writing by the student's parent or
guardian, no
such notice
shall may be sent to the division of
motor vehicles to suspend the student's motor vehicle operator's
license, and if the student is applying for a license, the
attendance director or chief administrator shall provide the
student with documentation to present to the division of motor
vehicles to excuse the student from the provisions of this
section. The school district superintendent, or the appropriate
school official of any private secondary school, with the
assistance of the county attendance director and any other staff or school personnel
shall be is the sole judge of whether
such
the withdrawal is due to circumstances beyond the control of
such
the person.
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 time frames for new residents to obtain a driver's
license, establishes motorcycle size operating restrictions based
on size of a motorcycle used in a skills test and establishes
minimum 30 day instruction period prior to skills test for
previously unlicensed applicants.
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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