HB4535 SFA KARNES #1 3-8
Hager 7871
Senator Karnes moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
chapter 17B. Motor vehicle driver’s license.
Article 2. Issuance of license, expiration, and renewal.
§17B-2-3a. Graduated driver’s license.
(a) A person under the age of 18 may not operate a motor vehicle unless he or she has obtained a graduated driver’s license in accordance with the three-level graduated driver’s license system described in the following provisions.
(b) Any person under the
age of 21, regardless of class or level of licensure, who operates a motor
vehicle with any measurable alcohol in his or her system is subject to §17C-5-2
and §17C-5A-2 of this code. Any person under the age of 18, regardless of
class or licensure level, is subject to the mandatory school attendance and
satisfactory academic progress provisions of §18-8-11 of this code.
(c) Level one instruction permit. — An applicant who is 15 years 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 §17B-2-6 of this code, which is accompanied by a writing, duly acknowledged, consenting to the issuance of the graduated driver’s license, and executed by a parent or guardian entitled to custody of the applicant;
(B) Presents a certified copy of a birth certificate issued by a state or other governmental entity responsible for vital records unexpired, or a valid passport issued by the United States government evidencing that the applicant meets the minimum age requirement and is of verifiable identity;
(C) Passes the vision and written knowledge examination and completes the driving under the influence awareness program, as prescribed in §17B-2-7 of this code; and
(D) Presents a driver’s
eligibility certificate or otherwise shows compliance with §18-8-11 of this
code; and
(E) (D) Pays
a fee of $7.50, which permits the applicant one attempt at the written
knowledge test. The Division of Motor Vehicles may adjust this fee every five
years on September 1, based on the U.S. Department of Labor, Bureau of Labor
Statistics most current Consumer Price Index: Provided, That an increase
in the fee may not exceed 10 percent of the total fee amount in a single year.
(2) Terms and conditions of instruction permit. — A level one instruction permit issued under this section is valid until 30 days after the date the applicant attains the age of 18 and is not renewable: Provided, That for an applicant who is an active member of any branch of the United States military, a level one instruction permit issued under the provisions of this section is valid until 180 days after the date the applicant attains the age of 18. However, any permit holder who allows his or her permit to expire prior to successfully passing the road skills portion of the driver examination, and who has not committed any offense which requires the suspension, revocation, or cancellation of the instruction permit, may reapply for a new instruction permit under §17B-2-6 of this code. 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 90 days. However, after the expiration of 90 days, the person may retest if otherwise eligible. A holder of a level one instruction permit who is under the age of 18 years may not use a wireless communication device while operating a motor vehicle, unless the use of the wireless communication device is for contacting a 9-1-1 system. 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) The permit holder is under the direct supervision of a licensed driver, 21 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) The permit holder is operating the vehicle between the hours of 5 a.m. and 10 p.m.;
(C) All occupants use safety belts in accordance with §17C-15-49 of this code; and
(D) The permit holder is
operating the vehicle without any measurable blood alcohol content, in
accordance with §17C-5-2(h) of this code. and
(E) The permit holder
maintains current school enrollment and is making satisfactory academic
progress or otherwise shows compliance with §18-8-11 of this code
(d) Level two intermediate driver’s license. — An applicant 16 years of age or older, meeting all other requirements of this 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 §17B-2-6 of this code;
(B) Has held the level one instruction permit conviction-free for the 180 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 50 hours of behind-the-wheel driving experience, including a minimum of 10 hours of night time driving, certified by a parent or legal guardian or other responsible adult over the age of 21 as indicated on the form prescribed by the division: Provided, That nothing in this paragraph may be construed to require any school or any county board of education to provide any particular number of driver’s education courses or to provide driver’s education training to any student;
(D) Presents a driver’s eligibility certificate or
otherwise shows compliance with §18-8-11 of this code
(E) (D) Passes the road skills examination as
prescribed by §17B-2-7 of this code; and
(F) Pays a fee of $7.50 for one attempt. The Division of Motor Vehicles may adjust this fee every five years on September 1, based on the U.S. Department of Labor, Bureau of Labor Statistics most current Consumer Price Index: Provided, That an increase in the fee may not exceed 10 percent of the total fee amount in a single year.
(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 expires 30 days after the applicant attains the age of 18, or until the licensee qualifies for a level three full Class E license, whichever comes first. A holder of a level two intermediate driver’s license who is under the age of 18 years shall not use a wireless communication device while operating a motor vehicle, unless the use of the wireless communication device is for contacting a 9-1-1 system. 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) The licensee operates a vehicle unsupervised between the hours of 5 a.m. and 10 p.m.;
(B) The licensee operates a vehicle only under the direct supervision of a licensed driver, age 21 years or older, between the hours of 10 p.m. and 5 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 of the vehicle use safety belts in accordance with §17C-15-49 of this code;
(D) For the first six months after issuance of a level two intermediate driver’s license, the licensee may not operate a motor vehicle carrying any passengers less than 20 years old, unless these passengers are family members of the licensee; for the second six months after issuance of a level two intermediate driver’s license, the licensee may not operate a motor vehicle carrying more than one passenger less than 20 years old, unless these passengers are family members of the licensee;
(E) The licensee operates a vehicle without any measurable blood alcohol content in accordance with §17C-5-2(h) of this code;
(F) The licensee
maintains current school enrollment and is making satisfactory academic
progress or otherwise shows compliance with §18-8-11 of this code
(G) Upon the first conviction for a moving traffic
violation or a violation of §17B-2-3a(d)(2) of this code 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
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 may also negate the effect
of one minor traffic violation for purposes of avoiding a second conviction
under §17B-2-3a(d)(2)(H) §17B-2-3a(d)(2)(G) of this code; and
(H) (G) Upon the second conviction for a moving
traffic violation or a violation of the terms and conditions of the level two
intermediate driver’s license, the Division of Motor Vehicles shall revoke or
suspend the licensee’s privilege to operate a motor vehicle for the applicable
statutory period or until the licensee’s 18th 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 18 years and if otherwise eligible, may
reapply for an instruction permit, then a driver’s license in accordance with
§17B-2-5, §17B-2-6 and §17B-2-7 of this code.
(e) Level three, full Class E license. — The level three license is valid until 30 days after the date the licensee attains his or her 21st birthday. A holder of a level three driver’s license who is under the age of 18 years shall not use a wireless communication device while operating a motor vehicle, unless the use of the wireless communication device is for contacting a 9-1-1 system. 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
17 years; and
(A) (2) Presents a completed application as
prescribed by §17B-2-6 of this code;
(B) (3) Has held the level two intermediate
license conviction free for the 12-month period immediately preceding the date
of the application;
(C) (4) Has completed any driver improvement
program required under §17B-2-3a(d)(2)(G) of this code; and
(D) (5) Pays a fee of $2.50 for each year the
license is valid. An additional fee of 50 cents shall be collected to be
deposited in the Combined Voter Registration and Driver’s Licensing Fund
established in §3-2-12 of this code.
(E) Presents a driver’s
eligibility certificate or otherwise shows compliance with §18-8-11 of this
code; or
(2) Reaches the age of
18 years; and
(A) Presents a completed
application as prescribed by §17B-2-6 of this code; and
(B) Pays a fee of $5 for each year the license is valid.
The Division of Motor Vehicles may adjust this fee every five years on
September 1, based on the U. S. Department of Labor, Bureau of Labor Statistics
most current Consumer Price Index: Provided, That an increase in the fee
may not exceed 10 percent of the total fee amount in a single year. An additional fee of 50 cents shall be collected to be
deposited in the Combined Voter Registration and Driver’s Licensing Fund
established in §3-2-12 of this code
(f) A person violating the provisions of the terms and conditions of a level one instruction permit, level two intermediate driver’s license, or level three license is guilty of a misdemeanor and, upon conviction thereof, shall for the first offense be fined $25; for a second offense be fined $50; and for a third or subsequent offense be fined $75.
ARTICLE 3. CANCELLATION, SUSPENSION, OR REVOCATION OF LICENSES.
§17B-3-6. Authority of division to suspend, restrict, or revoke license; hearing.
(a) The division is hereby authorized to suspend, restrict, or revoke the driver's license of any person without preliminary hearing upon a showing by its records or other sufficient evidence that the licensee:
(1) Has committed an offense for which mandatory revocation of a driver's license is required upon conviction;
(2) Has by reckless or unlawful operation of a motor vehicle, caused or contributed to an accident resulting in the death or personal injury of another or property damage;
(3) Has been convicted with such frequency of serious offenses against traffic regulations governing the movement of vehicles as to indicate a disrespect for traffic laws and a disregard for the safety of other persons on the highways;
(4) Is an habitually reckless or negligent driver of a motor vehicle;
(5) Is incompetent to drive a motor vehicle;
(6) Has committed an offense in another state which if committed in this state would be a ground for suspension or revocation;
(7) Has failed to pay or has defaulted on a plan for the
payment of all costs, fines, forfeitures, or penalties imposed by a magistrate
court or municipal court within 90 days, as required by section two-a,
article three, chapter fifty §50-3-2a of this code or section
two-a, article ten, chapter eight §8-10-2a of this code;
(8) Has failed to appear or otherwise respond before a magistrate court or municipal court when charged with a motor vehicle violation as defined in section three-a of this article;
(9) Is under the age of eighteen 17 and has
withdrawn either voluntarily or involuntarily due to misconduct from a
secondary school or has failed to maintain satisfactory academic progress, as
provided in section eleven, article eight, chapter eighteen §18-8-11
of this code; or
(10) Has failed to pay overdue child support or comply
with subpoenas or warrants relating to paternity or child support proceedings,
if a circuit court has ordered the suspension of the license as provided in article
five-a, chapter forty-eight-a §48A-5A-1 et seq. of this code
and the Child Support Enforcement Division has forwarded to the division a copy
of the court order suspending the license, or has forwarded its certification
that the licensee has failed to comply with a new or modified order that stayed
the suspension and provided for the payment of current support and any
arrearage due.
(b) The driver's license of any person having his or her license suspended shall be reinstated if:
(1) The license was suspended under the provisions of subdivision (7), subsection (a) of this section and the payment of costs, fines, forfeitures, or penalties imposed by the applicable court has been made;
(2) The license was suspended under the provisions of subdivision (8), subsection (a) of this section and the person having his or her license suspended has appeared in court and has prevailed against the motor vehicle violations charged; or
(3) The license was suspended under the provisions of subdivision (10), subsection (a) of this section and the division has received a court order restoring the license or a certification by the Child Support Enforcement Division that the licensee is complying with the original support order or a new or modified order that provides for the payment of current support and any arrearage due.
(c) Any reinstatement of a license under subdivision (1), (2) or (3), subsection (b) of this section shall be subject to a reinstatement fee designated in section nine of this article.
(d) Upon suspending, or restricting the driver's license of any person as hereinbefore in this section authorized, the division shall immediately notify the licensee in writing, sent by certified mail, return receipt requested, to the address given by the licensee in applying for license, and upon his or her request shall afford him or her an opportunity for a hearing as early as practical within not to exceed 20 days after receipt of such request in the county wherein the licensee resides unless the division and the licensee agree that such hearing may be held in some other county. Upon such hearing the commissioner or his or her duly authorized agent may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the licensee. Upon such hearing the division shall either rescind its order of suspension, or restriction or, good cause appearing therefor, may extend the suspension, or restriction of such license or revoke such license. The provisions of this subsection providing for notice and hearing are not applicable to a suspension under subdivision (10), subsection (a) of this section. Any person whose driver’s license is suspended, restricted, or revoked after hearing with the commissioner may seek judicial review of the final order or decision in accordance with §29A-5-4 of this code.
(e) Notwithstanding the provisions of legislative rule 91 CSR 5, the division may, upon completion of an approved defensive driving course, deduct three points from a licensee's point accumulation provided the licensee has not reached 14points. If a licensee has been notified of a pending 30-day driver's license suspension based on the accumulation of 12 or 13 points, the licensee may submit proof of completion of an approved defensive driving course to deduct three points and rescind the pending license suspension: Provided, That the licensee submits proof of prior completion of the course and payment of the reinstatement fee in accordance with section nine, article three of this chapter to the division prior to the effective date of the suspension.
Chapter 18. Education.
Article 18. Compulsory School Attendance.
§18-8-11. School attendance and satisfactory academic progress as conditions of licensing for privilege of operation of motor vehicle.
(a) In accordance with the provisions of §17B-2-3a and
§17B-2-5 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 18 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 education
development certificate (GED) from a state-approved institution or organization
or has obtained the certificate; (2) is enrolled and is making satisfactory
academic progress in a secondary school of this state or any other state; (3)
is excused from the 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, upon request, provide a driver’s eligibility certificate on a form
approved by the Department of Education to any student at least 15 but less
than 18 years of age who is properly enrolled and is making satisfactory
academic progress 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: Provided, That
a parent or legal guardian of a child who is being educated pursuant to
§18-8-1(c) of this code may provide a signed statement in lieu of a driver’s
eligibility certificate issued by the attendance director or chief
administrator affirming that the child is being educated in accordance with
law, is making satisfactory academic progress, and meets the conditions to be
eligible to obtain any permit or license under this section. The Division of
Motor Vehicles may accept from a county board of education electronic notice of
a student’s compliance with the provisions of this section in lieu of any
written form or written statement otherwise required from an applicant for an
instruction permit or driver’s license.
(c) (a) Whenever a student at least 15 but
less than 18 17 years of age, except as provided in subsection (g)
(e) of this section, withdraws from school, the attendance director or
chief administrator shall notify the Division of Motor Vehicles of the
student’s withdrawal no later than five days from the date of the withdrawal.
Within five days of receipt of the notice, the Division of Motor Vehicles shall
send notice to the student that the student’s instruction permit or license to
operate a motor vehicle will be suspended restricted to driving for
work or medical purposes or educational or religious pursuits under the
provisions of §17B-3-6 of this code on the 30th 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 that time. The
notice shall also advise the student that he or she is entitled to a hearing
before the county superintendent of schools or his or her designee or before
the appropriate private school official concerning whether the student’s
withdrawal from school was due to a circumstance or circumstances beyond the
control of the student. If suspended restricted, the division may
not reinstate an instruction permit or license until the student returns to
school and shows satisfactory academic progress or until the student attains 18
17 years of age.
(d) (b) Whenever a student at least 15 but
less than 18 17 years of age is enrolled in a secondary school
and fails to maintain satisfactory academic progress, the attendance director
or chief administrator shall follow the procedures set out in subsection (c)
(a) of this section to notify the Division of Motor Vehicles. Within
five days of receipt of the notice, the Division of Motor Vehicles shall send
notice to the student that the student’s instruction permit or license will be suspended
restricted to driving for work or medical purposes or educational or
religious pursuits under the provisions of §17B-3-6 of this code on the
30th 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 that time. The notice shall also advise the student that
he or she is entitled to a hearing before the county superintendent of schools
or his or her designee or before the appropriate private school official
concerning whether the student’s failure to make satisfactory academic progress
was due to a circumstance or circumstances beyond the control of the student.
Once suspension the restriction is ordered, the division may not
reinstate an instruction permit or license until the student shows satisfactory
academic progress or until the student attains 18 17 years of
age.
(e) (c) Upon written request of a student,
within 10 days of receipt of a notice of suspension restriction as
provided by this section, the Division of Motor Vehicles shall afford the
student the opportunity for an administrative hearing. The scope of the hearing
shall be limited to determining if there is a question of improper identity,
incorrect age, or some other clerical error.
(f) (d) For the purposes of this section:
(1) “Withdrawal” is defined as more than 10 consecutive or 15 total days unexcused absences during a school year, or suspension pursuant to §18A-5-1a(a) and §18A-5-1a(b) of this code.
(2) “Satisfactory academic progress” means the attaining and maintaining of grades sufficient to allow for graduation and course work in an amount sufficient to allow graduation in five years or by age 19, whichever is earlier.
(3) “Circumstances outside the control of the student” shall include, but not be limited to, medical reasons, familial responsibilities, and the necessity of supporting oneself or another.
(4) Suspension or expulsion from school or imprisonment in a jail or a West Virginia correctional facility is not a circumstance beyond the control of the student.
(g) (e) Whenever the withdrawal from school
of the student, the student’s failure to enroll in a course leading to or to
obtain a GED or high school diploma, or the student’s failure to make
satisfactory academic progress is due to a circumstance or circumstances beyond
the control of the student, or the withdrawal from school is for the purpose of
transfer to another school as confirmed in writing by the student’s parent or
guardian, no notice shall be sent to the Division of Motor Vehicles to suspend
restrict 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 the sole judge of
whether any of the grounds for denial or suspension restriction of
a license as provided by this section are due to a circumstance or
circumstances beyond the control of the student.
(h) (f) The state board shall promulgate
rules necessary for uniform implementation of this section among the counties
and as may otherwise be necessary for the implementation of this section. The
rule may not include attainment by a student of any certain grade point average
as a measure of satisfactory progress toward graduation.
Adopted
Rejected