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Introduced Version Senate Bill 64 History

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Key: Green = existing Code. Red = new code to be enacted


Senate Bill No. 64

(By Senators Ross, Redd, Love, Oliverio and Facemyer)

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[Introduced January 9, 2002; referred to the Committee

on Transportation.]

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A BILL to amend and reenact section seven, article two-a, chapter seventeen-d of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to allowing holders of suspended commercial driver's licenses to continue operating a commercial motor vehicle under certain specific, limited circumstances.

Be it enacted by the Legislature of West Virginia:

That section seven, article two-a, chapter seventeen-d of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

ARTICLE 2A. SECURITY UPON MOTOR VEHICLES.

§17D-2A-7. Suspension or revocation of license, registration; reinstatement.

(a) Any owner of a motor vehicle, subject to the provisions of this article, who fails to have the required security in effect at the time such the vehicle is being operated upon the roads or highways of this state, shall have his or her driver's license suspended by the commissioner of the division of motor vehicles for a period of thirty days and shall have his or her motor vehicle registration revoked until such time as he or she shall present presents to the division of motor vehicles the proof of security required by this article: Provided, That if a motor vehicle is registered in more than one name, the driver's license of only one of the owners shall may be suspended by the commissioner.
(b) Any person who knowingly operates a motor vehicle upon the roads or highways of this state, which does not have the security required by the provisions of this article, shall have his or her driver's license suspended by the commissioner for a period of thirty days.
(c) A person's driver's license shall be suspended for a period of thirty days if the person is operating a motor vehicle designated for off highway use upon the roads and highways of this state without the required security in effect, if the motor vehicle is not properly registered and licensed, or if the required security was canceled.
(d) The commissioner may withdraw a suspension of a driver's license provided that the commissioner is satisfied that there was not a violation of the provisions of required security related to operation of a motor vehicle upon the roads or highways of this state by such the person. The commissioner may request additional information as needed in order to make such the determination.
(e) The commissioner may allow a person holding a commercial driver's license limited driving privileges for operating only a commercial motor vehicle during the period of suspension provided the person:
(1) Has a Class A, B or C commercial driver's license and is currently employed as an operator of a commercial motor vehicle and the suspension was for failure to have the required security in effect on a vehicle used solely for noncommercial purposes;
(2) Has not previously violated this section, section five of this article or section four, article three, chapter seventeen-a of this code;
(3) Has presented current verifiable proof of insurance and has paid all reinstatement fees required under the provisions of section nine, article three, chapter seventeen-b and section seven, article nine, chapter seventeen-a of this code; and
(4) Has surrendered his or her current driver's license and has applied, paid the proper fee and received a driver's license specially marked with the appropriate restriction indicating the limited privilege of operating a commercial motor vehicle.
(f) At the end of the thirty-day suspension period, the person shall surrender the specially marked restricted license and obtain a duplicate driver's license.
(g) Driving privileges authorized by subsection (e) of this section are limited to operating a commercial motor vehicle. Operation of any other vehicle is a violation of section three, article four, chapter seventeen-b of this code. The division shall immediately reinstate the full suspension upon notice from any law-enforcement officer that the licensee has violated the terms of a restricted license. The period of suspension shall be for an additional thirty days.
(e) (h) No person shall may have his or her driver's license or motor vehicle registration suspended or revoked under any provisions of this section unless he or she shall is first be given written notice of such the suspension or revocation sent by certified mail, at least twenty days prior to the effective date of such the suspension or revocation, and upon such the person's written request, sent by certified mail, he or she shall be afforded an opportunity for a hearing thereupon on the suspension or revocation as well as a stay of the commissioner's order of suspension or revocation and an opportunity for judicial review of such the hearing. Upon affirmation of the commissioner's order, the period of suspension or revocation shall commence begins to run.
(f) Such (i) The suspended driver's license shall be reinstated following the period of suspension upon compliance with the conditions set forth in this article and such the revoked motor vehicle registration shall be reissued only upon lawful compliance with the provisions of this article.
(g) (j) If the commissioner has previously suspended the person's driver's license under the provisions of this section or section five of this article, the period of suspension shall be for a period of ninety days.


NOTE: The purpose of this bill is to allow holders of suspended commercial driver's licenses to continue operating a commercial motor vehicle under certain specific, limited circumstances.

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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