H. B. 2576
(By Delegates Romine, Burdiss, Shook, Pethtel, Ellem, Pino,
Proudfoot, Schadler and Webster)
[Introduced January 9, 2008
; referred to
the Committee on Roads and Transportation then the Judiciary.]
A BILL to amend and reenact §17B-2-1a, §17B-2-3a, §17B-2-6, §17B-2-
7 and §17B-2-8
of the Code of West Virginia, 1931, as amended,
all related to the issuance of driver's licenses and
disposition of surrendered driver's licenses; removing
obsolete provision related to issuance of a driver's license
without a photo; providing for the use of a passport in lieu
of a birth certificate; and requiring an applicant to pay a
fee for each attempt at the written examination prior to
obtaining an instruction permit.
Be it enacted by the legislature of West Virginia:
That §17B-2-1a, §17B-2-3a
, §17B-2-6, §17B-2-7 and §17B-2-8
of
the Code of West Virginia, 1931, as amended, be amended and
reenacted
, all to read as follows:
§17B-2-1a. Surrender of license from other state or jurisdiction
prior to receipt of license from this state; examination; fees
required.
(a) The division of motor vehicles shall not issue a driver's
license to a person who holds a valid license to operate a motor
vehicle issued by another state or jurisdiction unless or until the
applicant shall surrender to the division the foreign license, or
the person has signed and submitted to the division an affidavit to
the effect that the person has surrendered all valid licenses
issued to him or her by other states or jurisdictions. Any
surrendered license issued by any other state or jurisdiction shall
be returned to the division of motor vehicles or similar agency in
that state or jurisdiction together with a notice
(b) Every driver shall, within thirty days after taking up
residence in this state, apply to the division for a driver's
license as prescribed in this article. For the purposes of this
chapter the presumption that a natural person is a resident of this
state is based on the provisions of section one-a, article three,
chapter seventeen-a of this code. The division may assign the
driver's license class, type, endorsements or restrictions based on
the applicant's prior licensing status, age and the type of
licensing system used by the state of prior licensing.
(c) All other applicable provisions of this article relating
to issuance, fees, expiration and renewal of licenses, and driver
examination of applicants shall also apply to this section.
§17B-2-3a. Graduated driver's licenses.
(a) Any person under the age of eighteen 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 twenty-one, regardless of
class or level of licensure, who operates a motor vehicle with any
measurable alcohol in his or her system is subject to the
provisions of section two, article five, and section two, article
five-a both of chapter seventeen-c of this code. Any person under
the age of eighteen, regardless of class or licensure level, is
subject to the mandatory school attendance provisions of section
eleven, article eight, chapter eighteen of this code.
(c) Level one instruction permit. An applicant who is
fifteen years or older meeting all other requirements prescribed in
this code may be issued a level one instruction permit.
(1) Eligibility. The division shall not issue a level one
instruction permit unless the applicant:
(A) Presents a completed application, as prescribed by the
provisions of section six of this article, and which is accompanied
by a writing, duly acknowledged, consenting to the issuance of the
graduated driver's license and executed by a parent or guardian
entitled to custody of the applicant;
(B) Presents a certified birth certificate or a certified
copy of a birth certificate issued by a state or other governmental
entity responsible for vital records, or a valid and unexpired passport issued by the United States evidencing that the applicant
meets the minimum age requirement and verifiable identity;
(C) Passes the vision and written knowledge examination,
and completes the driving under the influence awareness program, as
prescribed in section seven of this article;
(D) Presents a current school enrollment form or
otherwise shows compliance with the provisions of section eleven ,
article eight, chapter eighteen of this code; and
(E) Pays a fee of five dollars which shall permit the
applicant two attempts at the written knowledge test.
(2) Terms and conditions of instruction permit. A level one
instruction permit issued under the provisions of this section is
valid until thirty days after the date the applicant attains the
age of eighteen 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 under the provisions of section six of
this article. The division shall immediately revoke the permit upon
receipt of a second conviction for a moving violation of traffic
regulations and laws of the road or violation of the terms and
conditions of a level one instruction permit, which convictions
have become final unless a greater penalty is required by this
section or any other provision of this code. Any person whose
instruction permit has been revoked is disqualified from retesting for a period of ninety days. However, after the expiration of
ninety days, the person may retest if otherwise eligible. In
addition to all other provisions of this code for which a driver's
license may be restricted, suspended, revoked or canceled, the
holder of a level one instruction permit may only operate a motor
vehicle under the following conditions:
(A) Under the direct supervision of a licensed driver,
twenty-one years of age or older, or a driver's education or
driving school instructor who is acting in an official capacity as
an instructor, who is fully alert and unimpaired, and the only
other occupant of the front seat. The vehicle may be operated with
no more than two additional passengers, unless the passengers are
family members;
(B) Between the hours of five a.m. and eleven p.m.;
(C) All occupants must use safety belts in accordance with
the provisions of section forty-nine, article fifteen, chapter
seventeen-c of this code;
(D) Without any measurable blood alcohol content, in
accordance with the provisions of subsection (h), section two,
article five, chapter seventeen-c of this code; and
(E) Maintains current school enrollment or otherwise shows
compliance with the provisions of section eleven, article eight,
chapter eighteen of this code.
(F) A holder of a level one instruction permit or a level two
intermediate driver's license who is under the age of eighteen
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. A law-enforcement officer
may enforce the provisions of this paragraph only as a secondary
action when a law-enforcement officer with probable cause detains
a driver for a suspected violation of another provision of this
code.
(d) Level two intermediate driver's license. An applicant
sixteen years of age or older, meeting all other requirements of
the code, may be issued a level two intermediate driver's license.
(1) Eligibility. The division shall not issue a level two
intermediate driver's license unless the applicant:
(A) Presents a completed application as prescribed in section
six of this article;
(B) Has held the level one instruction permit conviction-free
for the 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 thirty hours of behind the
wheel driving experience certified by a parent or legal guardian or
other responsible adult over the age of twenty-one as indicated on
the form prescribed by the division: Provided, That nothing in this
paragraph shall be construed to require any school or any county
board of education to provide any particular number of driver's
education courses or to provide driver's education training to any
student;
(D) Presents a current school enrollment form or otherwise shows compliance with the provisions of section eleven , article
eight, chapter eighteen of this code;
(E) Passes the road skills examination as prescribed by
section seven of this article; and
(F) Pays a fee of five dollars.
(2) Terms and conditions of a level two intermediate driver's
license. A level two intermediate driver's license issued under
the provisions of this section shall expire thirty days after the
applicant attains the age of eighteen, or until the licensee
qualifies for a level three full Class E license, whichever comes
first. In addition to all other provisions of this code for which
a driver's license may be restricted, suspended, revoked or
canceled, the holder of a level two intermediate driver's license
may only operate a motor vehicle under the following conditions:
(A) Unsupervised between the hours of five a.m. and eleven
p.m.;
(B) Only under the direct supervision of a licensed driver,
age twenty-one years or older, between the hours of eleven p.m. and
five a.m. except when the licensee is going to or returning from:
(i) Lawful employment;
(ii) A school sanctioned activity;
(iii) A religious event; or
(iv) An emergency situation that requires the
licensee to operate a motor vehicle to prevent bodily injury or
death of another;
(C) All occupants shall use safety belts in accordance with the provisions of section forty-nine, article fifteen, chapter
seventeen-c of this code;
(D) Operates the vehicle with no more than three passengers
under the age of nineteen, unless the passengers are family
members, in addition to the driver;
(E) Without any measurable blood alcohol content in
accordance with the provisions of subsection (h), section two,
article five, chapter seventeen-c of this code;
(F) Maintains current school enrollment or otherwise shows
compliance with the provisions of section eleven, article eight,
chapter eighteen of this code;
(G) A holder of a level one instruction permit or a level two
intermediate driver's license who is under the age of eighteen
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. A law-enforcement officer
may enforce the provisions of this paragraph only as a secondary
action when a law-enforcement officer with probable cause detains
a driver for a suspected violation of another provision of this
code.
(H) Upon the first conviction for a moving traffic violation
or a violation of paragraph (A), (B), (C), (D) or (G), subdivision
(1), subsection (d) of this section of the terms and conditions of
a level two intermediate driver's license, the licensee shall
enroll in an approved driver improvement program unless a greater
penalty is required by this section or by any other provision of this code.
At the discretion of the commissioner, completion of an approved
driver improvement program may be used to negate the effect of a
minor traffic violation as defined by the commissioner against the
one year conviction free driving criteria for early eligibility for
a level three driver's license; and
(I) 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.
(e) Level three, full Class E license. The level three
license is valid until the day designated by the commissioner of
the month in which the licensee attains the age of twenty-one.
Unless otherwise provided in this section or any other section of
this code, the holder of a level three full Class E license is
subject to the same terms and conditions as the holder of a regular
Class E driver's license.
A level two intermediate licensee whose privilege to operate a motor vehicle has not been suspended, revoked or otherwise canceled
and who meets all other requirements of the code, may be issued a
level three full Class E license without further examination or
road skills testing, if the licensee:
(1) Has reached the age of seventeen years; and
(A) Presents a completed application as prescribed by
the provisions of section six of this article;
(B) Has held the level two intermediate license
conviction-free for the twelve-month period immediately preceding
the date of the application;
(C) Has completed any driver improvement program required
under paragraph (G), subdivision (2), subsection (d) of this
section; and
(D) Pays a fee of two dollars and fifty cents for each year
the license is valid. An additional fee of fifty cents shall be
collected to be deposited in the combined voter registration and
driver's licensing fund established in section twelve, article two,
chapter three of this code; or
(2) Reaches the age of eighteen years; and
(A) Presents a completed application as prescribed by the
provisions of section six of this article; and
(B) Pays a fee of two dollars and fifty cents for each year
the license is valid. An additional fee of fifty cents shall be
collected to be deposited in the combined voter registration and
driver's licensing fund established in section twelve, article two,
chapter three of this code.
§17B-2-6. Application for license or instruction permit; fee to
accompany application.
(a) Every application for an instruction permit or for a
driver`s license shall be made upon a form furnished by the
division. Every application shall be accompanied by the proper fee
and payment of the fee shall entitle an applicant under the age of
eighteen to not more than two attempts at the written test or three
attempts to pass the road skills test. An applicant age eighteen
years or older is entitled to not more than two attempts at the
written test or
three attempts to pass the road skills test within
a period of sixty days from the date of issuance of the instruction
permit. An applicant who fails either the written test or the road
skills test may not be tested twice within a period of one week.
(b) Any applicant who has not been previously licensed must
hold an instruction permit for a minimum of thirty days. For the
purposes of this section, the term "previously licensed" means an
applicant who has obtained at least a level two graduated license
or junior driver`s license issued under the provisions of this
article or has obtained an equal or greater level of licensure if
previously licensed in another state.
(c) Every said application shall state the full name, date of
birth, sex and residence address of the applicant and briefly
describe the applicant and shall state whether the applicant has
theretofore been a licensed driver and, if so, when and by what
state or country and whether any such license has ever been suspended or revoked within the five years next preceding the date
of application, or whether an application has ever been refused
and, if so, the date of and reason for the suspension, revocation
or refusal, whether the applicant desires a notation on the
driver`s license indicating that the applicant is a an organ donor,
in accordance with article 1B of this chapter, a diabetic, deaf, or
hard of hearing, or has any other handicap or disability and such
other pertinent information as the commissioner may require.
§17B-2-7. Examination of applicants.
(a) Upon the presentment of the applicant's birth certificate,
or a certified copy of the birth certificate issued by a state or
other governmental entity responsible for vital records, or a valid
and unexpired passport issued by the United States government 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, junior driver's license, graduated driver's
license, or motorcycle-only license shall attend a mandatory
education class on the dangers and social consequences of driving
a motor vehicle while under the influence of alcohol. To the extent
practicable, the commissioner shall use as lecturers at those
classes persons who can relate first-hand experiences as victims or
family members of victims of alcohol-related accidents or drivers
who have been involved in alcohol-related accidents which caused
serious bodily injury or death.
§17B-2-8. Issuance and contents of licenses; fees.
(a) The division shall, upon payment of the required fee,
issue to every applicant qualifying therefor a driver's license,
which shall indicate the type or general class or classes of
vehicle or vehicles the licensee may operate in accordance with
this chapter or chapter seventeen-e of this code, or
motorcycle-only license. Each license shall contain a coded number
assigned to the licensee, the full name, date of birth, residence
address, a brief description and a color photograph of the licensee
and either a facsimile of the signature of the licensee or a space
upon which the signature of the licensee shall be written with pen
and ink immediately upon receipt of the license. No license is
valid until it has been so signed by the licensee: Provided, that
the commissioner may issue upon proper documentation, a duplicate
or renewed valid without-photo license for resident applicants
temporarily out of state. A driver's license which is valid for
operation of a motorcycle shall contain a motorcycle endorsement.
The division shall use such process or processes in the issuance of
licenses that will, insofar as possible, prevent any alteration,
counterfeiting, duplication, reproduction, forging or modification
of, or the superimposition of a photograph on, the license.
(b) The fee for the issuance of a Class E driver's license is
two dollars and fifty cents per year for each year the license is
issued to be valid. The fee for issuance of a Class D driver's
license is six dollars and twenty-five cents per year for each year
the license is issued to be valid. An additional fee of fifty cents shall be collected from the applicant at the time of original
issuance or each renewal and the additional fee shall be deposited
in the "combined voter registration and driver's licensing fund,"
established pursuant to the provisions of section twelve, article
two, chapter three of this code. The additional fee for adding a
motorcycle endorsement to a driver's license is one dollar per year
for each year the license is issued.
The fee for issuance of a motorcycle-only license is two
dollars and fifty cents for each year for which the motorcycle
license is to be valid. The fees for the motorcycle endorsement or
motorcycle-only license shall be paid into a special fund in the
state treasury known as the motorcycle safety fund as established
in section seven, article one-d of this chapter.
(c) On or after the first day of January, two thousand one,
the 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.
NOTE: The purpose of this bill is to eliminate the requirement
to send surrendered driver's licenses back to the original state of
licensure, to require applicants for an instruction permit to pay
for each attempt to successfully pass the written test, and to
include the organ donor option already in statute in this section
as well.
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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