H. B. 2802
(By Delegate Boggs)
[Introduced
March 1, 2005
; referred to the
Committee on Roads and Transportation then the Judiciary.]
A BILL to amend and reenact §8-11-5 of the Code of West Virginia,
1931, as amended; to amend and reenact §17E-1-2, §17E-1-3;
§17E-1-5, §17E-1-6, §17E-1-7, §17E-1-8, §17E-1-9, §17E-1-10,
§17E-1-11, §17E-1-12, §17E-1-13, §17E-1-14, §17E-1-15,
§17E-1-16, §17E-1-17, §17E-1-23 and §17E-1-24 of said code,
all relating to updating provisions pertaining to commercial
driver's licenses to conform with federal law.
Be it enacted by the Legislature of West Virginia:
That §8-11-5 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §17E-1-2, §17E-1-3, §17E-1-5,
§17E-1-6, §17E-1-7, §17E-1-8, §17E-1-9, §17E-1-10, §17E-1-11,
§17E-1-12, §17E-1-13, §17E-1-14, §17E-1-15, §17E-1-16, §17E-1-17,
§17E-1-23 and §17E-1-24 of said code be amended and reenacted, all
to read as follows:
CHAPTER 8. MUNICIPAL CORPORATIONS.
ARTICLE 11. POWERS AND DUTIES WITH RESPECT TO ORDINANCES AND
ORDINANCE PROCEDURES.
§8-11-5. Prejudgment alternative disposition of certain traffic
offenses.
(a) Municipal courts are hereby authorized to establish a
prejudgment alternative disposition procedure for traffic offenses
over which the court has jurisdiction.
(b) Under a prejudgment disposition procedure authorized by
subsection (a) of this section, if a person is found guilty of a
traffic offense, the municipal court may, with the person's
consent, withhold for a reasonable time not to exceed ninety days
the entry of a judgment of conviction so that the person may attend
a driver safety education course designated by the municipal court.
If the person attends said course, the municipal court, if
satisfied with the person's participation in the course, shall,
without entering a judgment of conviction, dismiss the proceeding
against the person.
(c) It shall be a condition of any prejudgment alternative
disposition authorized by the provisions of this section that the
person pay any fine assessed by the court and pay all fees and
costs required to be paid by any provision of this code where a
person is convicted of a criminal traffic offense. No municipal
court shall utilize any prejudgment alternative disposition
procedure unless it collects such fees and costs as are required by any provision of this code and transmits the moneys collected as
required by law. No municipal court shall utilize any prejudgment
alternative disposition procedure unless it conforms with the
requirements of this section.
(d) The procedure authorized by the provisions of this section
shall not be available to any person
who:
(1) Holds a commercial driver's license issued by this state
in accordance with chapter seventeen-e of this code, or who holds
a commercial driver's license issued by any other state or
jurisdiction;
(2) Is arrested
for while operating a commercial motor
vehicle as defined in chapter seventeen-e of this code; or
(3) Is arrested for driving under the influence of alcohol or
drugs or any other offense for which a mandatory period of
confinement in jail is required.
CHAPTER 17E. UNIFORM COMMERCIAL DRIVER'S LICENSE ACT.
ARTICLE 1. COMMERCIAL DRIVER'S LICENSE.
§17E-1-2. Statement of intent and purpose.
(a) The purpose of this article is to implement
the federal
commercial motor vehicle safety act of 1986 (Title XII of Public
Law 99570) 49 U.S.C et seq., The Federal Motor Carrier Safety
Improvement Act of 1999, 49 U.S.C. §5103a, Uniting and
Strengthening America by Providing Appropriate Tools Required to Intercept or Obstruct Terrorism Act of 2001 and
to reduce or
prevent commercial motor vehicle accidents, fatalities and injuries
by:
(a) (1) Permitting commercial drivers to hold only one
license;
(b)
(2) Disqualifying commercial drivers who have committed
certain serious traffic offenses;
and
(3) Permitting only commercial drivers who do not present a
security threat to operate commercial vehicles carrying a hazardous
material; and
(c) (4) Strengthening licensing and testing standards.
(b) This article is a remedial law and shall be liberally
construed to promote the public health, safety and welfare. Where
this
article chapter is silent, the general driver licensing
provisions
and the provisions of Title 49 of the Code of Federal
Regulations apply.
§17E-1-3. Definitions.
Notwithstanding any other provision of this code, the
following definitions apply to this article:
(1) "Alcohol" means:
(a) (A) Any substance containing any form of alcohol,
including, but not limited to, ethanol, methanol, propanol and
isopropanol;
(b) (B) Beer, ale, port or stout and other similar fermented beverages (including sake or similar products) of any name or
description containing one half of one percent or more of alcohol
by volume, brewed or produced from malt, wholly or in part, or from
any substitute for malt;
(c) (C) Distilled spirits or that substance known as ethyl
alcohol, ethanol or spirits of wine in any form (including all
dilutions and mixtures thereof from whatever source or by whatever
process produced); or
(d) (D) Wine of not less than one half of one percent of
alcohol by volume.
(2) "Alcohol concentration" means:
(a) (A) The number of grams of alcohol per one hundred
milliliters of blood;
(b) (B) The number of grams of alcohol per two hundred ten
liters of breath; or
(c) (C) The number of grams of alcohol per sixty-seven
milliliters of urine.
(D) The number of grams of alcohol per eighty-six milliliters
of serum.
(3) "At fault traffic accident" means for the purposes of
waiving the road test, a determination, by the official filing the
accident report, of fault as evidenced by an indication of
contributing circumstances in the accident report.
(4) "Commercial driver's license" means a license issued in accordance with the requirements of this article to an individual
which authorizes the individual to drive a class of commercial
motor vehicle.
(5) "Commercial driver's license information system" is the
information system established pursuant to the Federal Commercial
Motor Vehicle Safety Act to serve as a clearinghouse for locating
information related to the licensing and identification of
commercial motor vehicle drivers.
(6) "Commercial driver instruction permit" means a permit
issued pursuant to subsection (d), section nine of this article.
(7) "Commercial motor vehicle" means a motor vehicle designed
or used to transport passengers or property:
(a) (A) If the vehicle has a gross
combination vehicle weight
rating
as determined by federal regulation of 26,001 pounds or more
inclusive of a towed unit(s) with a gross vehicle weight rating of
more than 10,000 pounds;
(B) If the vehicle has a gross vehicle weight rating of more
than 26,001 pounds or more;
(b) (C) If the vehicle is designed to transport sixteen or
more passengers, including the driver; or
(c) (D) If the vehicle is
of any size transporting hazardous
materials
and is required to be placarded in accordance with 49 C.
F. R. part 172, subpart F. as defined in this section.
(8)"Commissioner" means the Commissioner of Motor Vehicles of this state.
(9) "Controlled substance" means any substance classified
under the provisions of chapter sixty-a of this code (Uniform
Controlled Substances Act) and includes all substances listed on
Schedules I through V, inclusive, article two of said chapter
sixty-a, as they are revised.
The term "controlled substance" also
has the meaning such term has under 21 U.S.C. §802.6 and includes
all substances listed on Schedules I through V of 21 C.F.R. §1308
as they may be amended by the United States Department of Justice.
(10) "Conviction"
means the final judgment in a judicial or
administrative proceeding or a verdict or finding of guilty, a plea
of guilty, a plea of nolo contendere or a forfeiture of bond or
collateral upon a charge of a disqualifying offense, as a result of
proceedings upon any violation of the requirement of this article.
means an unvacated adjudication of guilt; a determination that a
person has violated or failed to comply with the law in a court of
original jurisdiction or by an authorized administrative tribunal
or proceeding; an unvacated forfeiture of bail or collateral
deposited to secure the persons appearance in court; a plea of
guilty or nolo contendere accepted by the court or the payment of
a fine or court cost, or violation of a condition of release
without bail regardless of whether or not the penalty is rebated,
suspended, or probated.
(11) "Division" means the Division of Motor Vehicles.
(12)"Disqualification"
means a prohibition against driving a
commercial motor vehicle. means any of the following three
actions:
(A) The suspension, revocation, or cancellation of a driver's
license by the state or jurisdiction of issuance.
(B) Any withdrawal of a person's privilege to drive a
commercial motor vehicle by a state or other jurisdiction as the
result of a violation of state or local law relating to motor
vehicle traffic control other than parking or vehicle weight except
as to violations committed by a special permittee on the coal
resource transportation system or vehicle defect violations.
(C) A determination by the Federal Motor Carrier Safety
Administration that a person is not qualified to operate a
commercial motor vehicle under 49 C.F.R. Part §391 (2004).
(13) "Drive" means to drive, operate or be in physical control
of a motor vehicle in any place open to the general public for
purposes of vehicular traffic. For the purposes of sections twelve,
thirteen and fourteen of this article, "drive" includes operation
or physical control of a motor vehicle anywhere in this state.
(14) "Driver" means any person who drives, operates or is in
physical control of a commercial motor vehicle, in any place open
to the general public for purposes of vehicular traffic, or who is
required to hold a commercial driver's license.
(15) "Driver's license" means a license issued by a state to an individual which authorizes the individual to drive a motor
vehicle of a specific class.
(16) "Employee" means
a person who is employed by an employer
any operator of a commercial motor vehicle, including full time,
regularly employed drivers; casual, intermittent, or occasional
drivers; leased drivers and independent, owner-operator contractors
(while in the course of operating a commercial motor vehicle) who
are either directly employed by or under lease to drive a
commercial motor vehicle
for an employer.
including independent
contractors. An employee who is self-employed as a commercial motor
vehicle driver shall comply with the requirements of this article
pertaining to both employees and employers.
(17) "Employer" means any person, including the United States,
a state or a political subdivision of a state, who owns or leases
a commercial motor vehicle or assigns a person to drive a
commercial motor vehicle.
(18) "Endorsement" means an authorization to a person to
operate certain types of commercial motor vehicles.
(19) "Farm vehicle" includes a motor vehicle or combination
vehicle registered to the farm owner or entity operating the farm
and used exclusively in the transportation of agricultural or
horticultural products, livestock, poultry and dairy products from
the farm or orchard on which they are raised or produced to
markets, processing plants, packing houses, canneries, railway shipping points and cold storage plants and in the transportation
of agricultural or horticultural supplies and machinery to the
farms or orchards to be used on the farms or orchards.
(20) "Farmer" includes an owner, tenant, lessee, occupant or
person in control of the premises used substantially for
agricultural or horticultural pursuits who is at least eighteen
years of age with two years' licensed driving experience.
(21) "Farmer vehicle driver" means the person employed and
designated by the "farmer" to drive a "farm vehicle" as long as
driving is not his or her sole or principal function on the farm
who is at least eighteen years of age with two years' licensed
driving experience.
(22) "Felony" means an offense under state or federal law that
is punishable by death or imprisonment for a term exceeding one
year.
(23) "Gross combination weight rating (GCWR)" means the value
specified by the manufacturer as the loaded weight of a combination
(articulated) vehicle. In the absence of a value specified by the
manufacturer, GCWR will be determined by adding the GVWR of the
power unit and the total weight of the towed unit and any load
thereon.
(24) "Gross vehicle weight rating (GVWR)" means the value
specified by the manufacturer as the loaded weight of a single
vehicle. In the absence of a value specified by the manufacturer the GVWR will be determined by the total weight of the vehicle and
any load thereon.
(25) "Hazardous materials"
has the meaning as that found in
the Hazardous Materials Transportation Act (§ 49 U. S. C. 5101, et
seq., (1998) means any material that has been designated as
hazardous under 49 U.S.C. §5103 and is required to be placarded
under subpart F of 49 C.F.R. Part §172 or any quantity of a
material listed in 42 C.F.R. Part §73.
(26) "Imminent Hazard" means existence of a condition that
presents a substantial likelihood that death, serious illness,
severe personal injury or a substantial endangerment to health,
property or the environment may occur before the reasonably
foreseeable completion date of a formal proceeding begun to lessen
the risk of that death, illness, injury or endangerment.
(27) "Motor vehicle" means every vehicle which is
self-propelled and every vehicle which is propelled by electric
power obtained from overhead trolley wires but not operated upon
rails.
(28) "Non-Commercial motor vehicle" means a motor vehicle or
combination of motor vehicles not defined by the term "commercial
motor vehicle".
(29) "Out-of-service order" means a temporary prohibition
against driving a commercial motor vehicle as a result of a
determination by
a federal agency a
law-enforcement officer, an authorized enforcement officer of a federal, state, Canadian,
Mexican, county or local jurisdiction including any special agent
of the Federal Motor Carrier Safety Administration pursuant to 49
C.F.R. §§386.72, 392.5, 395.13, 396.9 or compatible laws or the
North American uniform out-of-service criteria or the public
service commission, pursuant to chapter twenty-four-a of this code,
that
an imminent hazard exists.
(a) The continued use of a commercial motor vehicle may
result in death, serious injury or severe personal injury; or
(b) the continued actions by the driver of a commercial motor
vehicle poses an imminent hazard to public safety.
(30) "Violation of an out-of-service order" means:
(a) (A) The operation of a commercial motor vehicle during the
period the driver was placed out-of-service; or
(b) (B) The operation of a commercial motor vehicle by a
driver after the vehicle was placed out of service and before the
required repairs are made.
(30) "School bus" means a commercial motor vehicle used to
transport preprimary, primary, or secondary school students from
home-to-school, from school-to-home, or to and from school
sponsored events. School bus does not include a bus used as a
common carrier.
(31)"Serious traffic violation" means
conviction for any of
the following offenses when operating a commercial motor vehicle: (a) (A) Excessive speeding
involving any single offense for
any speed of which is defined as fifteen miles per hour
in excess
or more of all above the posted limits;
(b) (B) Reckless driving as defined in section three, article
five, chapter seventeen-c of this code,
careless, or negligent
driving, including,
but not limited to, the offenses of driving a
commercial motor vehicle in willful or wanton disregard for the
safety of persons or property;
(C) Erratic
or improper traffic lane changes
and including,
but not limited to, passing a school bus when prohibited, improper
lane changes and other passing violations;
(D) Following the vehicle ahead too closely;
(E) Driving a commercial motor vehicle without obtaining a
commercial driver's license;
(F) Driving a commercial motor vehicle without a commercial
driver's license in the driver's possession. However, any person
who provides proof to the law-enforcement agency that issued the
citation, by the date the person must appear in court, or pay any
fine for such violation, that the person held a valid commercial
driver's license on the date the citation was issued, shall not be
guilty of this offense;
(G) Driving a commercial motor vehicle without the proper
class of commercial driver's license and/or, endorsements for the
specific vehicle group being operated or for the passengers or type of cargo being transported; or
(c) (H) A violation of state or local law relating to motor
vehicle traffic control, other than a parking violation, arising in
connection with a fatal traffic accident.
(I) Vehicle defects are excluded as serious traffic violations,
except as to violations committed by a special permittee on the coal
resource transportation road system; or
(d) (J ) Any other serious violations determined by the United
States Secretary of Transportation.
(32) "State" means a state of the United States and the
District of Columbia.
(33) "State of Domicile" means the state where a person has his
or her true, fixed and permanent home and principle residence and to
which he or she has the intention of returning whenever absent in
accordance with chapter seventeen-a, article three, section one-a.
(34) "Suspension, revocation or cancellation" of a driver's
license, or a commercial driver's license means the privilege to
operate any type of motor vehicle on the roads and highways of this
state is withdrawn.
(35) "Tank vehicle" means any commercial motor vehicle that is
designed to transport any liquid or gaseous materials within a tank
that is either permanently or temporarily attached to the vehicle or
the chassis. These vehicles include, but are not limited to, cargo
tanks and portable tanks, as defined in 49 C. F. R. Part 171 (1998). However, this definition does not include portable tanks having a
rated capacity under one thousand gallons.
"At fault traffic accident" means for the purposes of waiving
the road test, a determination, by the official filing
of the
accident report, of fault as evidenced by an indication of
contributing circumstances in the accident report.
(36) "Transportation Security Administration" means the United
States Department of Homeland Security Transportation Security
Administration.
(37) "United States" means the fifty states and the District of
Columbia.
(38) "Vehicle Group" means a class or type of vehicle with
certain operating characteristics.
§17E-1-5. Notification required by driver.
(a) Notification of convictions.
(1)
To state. Any driver of a commercial motor vehicle holding
a driver's license issued by this state, who is convicted of
violating any state law or local ordinance relating to motor vehicle
traffic control, in any other state or federal, provincial,
territorial or municipal laws of Canada, other than parking
violations, shall notify the West Virginia
department Division of
Motor Vehicles in the manner specified by the commissioner
and in
accordance with C.F.R. §383.31(2004) within thirty days of the date
of conviction.
(2)
To employers. Any driver of a commercial motor vehicle
holding a driver's license issued by this state, who is convicted of
violating any state law or local ordinance relating to motor vehicle
traffic control in this state or any other state or federal,
provincial, territorial or municipal laws of Canada, other than
parking violations, must notify his or her employer in writing
and
in accordance with 49 C. F. R. §383.31 (2004) of the conviction
within thirty days of the date of conviction.
(b)
Notification of suspensions, revocations, cancellations and
expiration. Each driver whose driver's license is:
(1) Suspended, revoked, canceled or expired, by any state;
(2) Who loses the privilege to drive a commercial motor vehicle
in any state for any period; or
(3) Who is disqualified from driving a commercial motor vehicle
for any period,
must shall notify his or her employer of that fact
before the end of the business day following the day the driver
received notice of
that fact the action against his or her driving
privileges.
(c)
Notification of previous employment. Each person who
applies to be a commercial motor vehicle driver
must shall provide
the employer, at the time of the application, with the following
information for the ten years preceding the date of application:
(1) A list of the names and addresses of the applicant's
previous employers for which the applicant was a driver of a commercial motor vehicle;
(2) The dates between which the applicant drove for each
employer; and
(3) The reason for leaving that employer.
The applicant
must shall certify that all information furnished
is true and complete. An employer may require an applicant to
provide additional information.
§17E-1-6. Employer responsibilities.
(a) Each employer must require the applicant to provide the
information specified in section five of this article.
(b) No employer may knowingly allow, permit or authorize a
driver to drive a commercial motor vehicle during any period:
(1) In which the driver has a driver's license suspended,
revoked or canceled by a state; has lost the privilege to drive a
commercial motor vehicle in a state, or has been disqualified from
driving a commercial motor vehicle; or
(2) In which the driver has more than one driver's license at
one time.
except during the ten-day period beginning on the date
the employee is issued a driver's license.
(3) During any period in which the driver, or the commercial
motor vehicle he or she is driving or the motor carrier operation,
is subject to an out-of-service order; or
(4) In violation of federal, state or local law or regulation
pertaining to railroad highway grade crossings, or
(5) During any period the driver is in violation of any
provision of 49 C.F.R., Part §382 related to controlled substances
and alcohol use and testing.
§17E-1-7. Commercial driver's license required; disqualification
for driving without valid license.
(a) On or after the first day of April, one thousand nine
hundred ninety-two, except when driving under a commercial driver's
instruction permit accompanied by the holder of a commercial
driver's license valid for the vehicle being driven, no person may
drive a commercial motor vehicle unless the person holds a
commercial driver's license and applicable endorsements valid for
the vehicle they are driving.
(b) No person may drive a commercial motor vehicle while their
driving privilege is suspended, revoked, canceled, expired, subject
to a disqualification or in violation of an out-of-service order.
(c) Drivers of a commercial motor vehicle must have a
commercial driver's license in their possession at all times while
driving.
(d) The Commissioner shall suspend for a period of ninety days
the driving privileges of any person who is convicted of operating
a commercial motor vehicle without holding a valid commercial
driver's license and the applicable endorsements valid for the
vehicle he or she is driving or for any conviction for operating a
commercial motor vehicle while disqualified from operating a commercial motor vehicle.
(e) Any person not holding a commercial driver's license who is
convicted of an offense that requires disqualification from
operating a commercial motor vehicle shall also be disqualified from
eligibility for a commercial driver's license for the same time
periods as prescribed in federal law or rule or
this chapter section
thirteen of this article for commercial driver's license holders.
§17E-1-8. Exemptions to the commercial driver's license
requirements.
(a)
Farmers. Bona fide farmers or farm vehicle drivers, as
defined, operating a vehicle otherwise covered by the commercial
driver's license requirements may be exempted from the provisions of
this article only if the vehicle used is:
(1) Driven by a farmer or farm vehicle driver;
(2) Used only to transport either agricultural products, farm
machinery, farm supplies, to or from a farm;
(3) Not used in the operation of a common or contract motor
carrier; and
(4) Used within one hundred fifty miles of the qualifying farm.
Farmers who wish to be exempted from the commercial driver's
license requirements must apply to the division of motor vehicles
for a certificate of exemption.
(b)
Military personnel. Military personnel, including the
National Guard and Reserve,
will be are exempt from the provisions of this article, only:
(1) When in uniform; and
(2) Operating equipment owned by the United States Department
of Defense, except during declared emergencies or disaster
situations; and
(3) On duty; and
(4) In possession of a valid classified military driver's
license for the class of vehicle being driven.
(c) Fire fighting and rescue equipment. Operators of vehicles
authorized to hold an "authorized emergency vehicle permit" for use
of red signal lights only are exempt from the provisions of this
article while the "authorized emergency vehicle permit" is in force.
Vehicles in this class include, but are not limited to, firefighters
and rescue equipment:
(1) Owned and operated by state, county and municipal fire
departments;
(2) Owned and operated by state, county and municipal civil
defense organizations;
(3) Owned and operated by a manufacturer engaged in a type of
business that requires firefighter equipment to protect the safety
of their plants and its employees;
or
(4) Owned and operated by volunteer fire departments.
(d) Operators of off-road construction and mining equipment.
Operators of equipment which, by its design, appearance and function, is not intended for use on a public road, including,
without limitation, motorscrapers, backhoes, motorgraders,
compactors, excavators, tractors, trenches and bulldozers,
will be
are exempt from the provisions of this article:
Provided, That the
exemption recognized by this subsection shall not be construed to
permit the operation of such equipment on any public road except
such operation as may be required for a crossing of such road:
Provided, however, That no such equipment may be operated on a
public road for a distance exceeding five hundred feet from the
place where such equipment entered upon the public road.
(e) The
Commercial Motor Vehicles Safety Act of 1986 Federal
Motor Carrier Safety Improvement Act of 1999 exempts vehicles used
exclusively for personal use such as recreation vehicles and rental
trucks used only to transport the driver's personal or household
property.
§17E-1-9. Commercial driver license qualification standards.
(a)
(1) General. No person may be issued a commercial driver's
license unless that person is a resident of this state and has
passed a knowledge and skills test for driving a commercial motor
vehicle which complies with minimum federal standards established by
federal regulations enumerated in 49 C.F.R. part §383, sub-parts G
and H,
(2004) and has satisfied all other requirements of the
Federal Commercial Motor Vehicle Safety Act Federal Motor Carrier
Safety Improvement Act of 1999 in addition to other requirements imposed by state law or federal regulations.
The tests will be
administered by the West Virginia state police according to rules
promulgated by the commissioner. After the thirtieth day of June,
two thousand, the tests will be administered by the division of
motor vehicles.
(2) (b) Third party testing. The commissioner may authorize a
person, including an agency of this or another state, an employer,
private individual or institution, department, agency or
instrumentality of local government, to administer the skills test
specified by this section:
Provided, That:
(i) (1) The test is the same which would otherwise be
administered by the state; and
(ii) (2) The party has entered into an agreement with the state
which complies with the requirements of 49 C.F.R., part §383.75.
(3) (c) Indemnification of driver examiners. No person who has
been officially trained and certified by the state as a driver
examiner, who administers a driving test, and no other person, firm
or corporation by whom or with which that person is employed or is
in any way associated, may be criminally liable for the
administration of the tests, or civilly liable in damages to the
person tested or other persons or property unless for gross
negligence or willful or wanton injury.
(4) The West Virginia state police shall monitor third party
testing according to rules promulgated by the commissioner. After the thirtieth day of June, two thousand, the division shall monitor
third party testing.
(b) (d) Waiver of skills test. The commissioner may waive the
skills test specified in this section for a commercial driver
license applicant who meets the requirements of 49 C.F.R. part
§383.77 and those requirements specified by the commissioner.
(c) (e) Limitations on issuance of license. A commercial
driver's license or commercial driver's instruction permit may not
be issued to a person while the person is subject to a
disqualification from driving a commercial motor vehicle, or while
the person's driver's license is suspended, revoked or canceled in
any state; nor may a commercial driver's license be issued by any
other state unless the person first surrenders all such licenses to
the
department division. which must be returned to the issuing
state(s) for cancellation. The division shall issue a restricted
commercial driver's license to a person who has failed to pay
overdue child support or comply with subpoenas or warrants relating
to paternity or child support proceedings, if a circuit court orders
restrictions of the person's license as provided in article five-a,
chapter forty-eight-a of this code.
(d) (f) Commercial driver's instruction permit
may be issued as
follows:
(1) A commercial driver's instruction permit may be issued to
an individual who holds a valid
operator class e or Class "D" driver license who has passed the vision and written tests required for
issuance of a commercial driver license.
(2) The commercial instruction permit may not be issued for a
period to exceed six months. Only one renewal or reissuance may be
granted within a two-year period. The holder of a commercial
driver's instruction permit may drive a commercial motor vehicle on
a highway only when accompanied by the holder of a commercial
driver
driver's license valid for the type of vehicle driven
who is
twenty-one years of age or older and who occupies a seat beside the
individual for the purpose of giving instruction or testing.
(3) A commercial driver's instruction permit may only be issued
to
an individual a person who is at least eighteen years of age and
has held an
operator's or junior operator's graduated class e, class
e or class d license for at least two years.
(4) The applicant for a commercial driver's instruction permit
shall also be otherwise qualified to hold a commercial driver's
license.
§17E-1-10. Application for commercial driver's license.
(a) The application for a commercial driver's license or
commercial driver's instruction permit must include at least the
following:
(1) The full name and current mailing and residential address
of the person;
(2) A physical description of the person including sex, height, weight
and eye
and hair color;
(3) Date of birth;
(4) The applicant's social security number;
(5) The person's signature;
(6) The person's color photograph;
(7) Certifications including those required by 49 C.F.R.
Part
§383.71(a)
(2004);
(8) Any other information required by the commissioner; and
(9) A consent to release driving record information.
(b) When a licensee changes his or her name, mailing address or
residence,
the licensee shall submit an application for a duplicate
license
must be made. and obtain a duplicate driver's license
displaying the updated information.
(c) No person who has been a resident of this state for thirty
days or more may drive a commercial motor vehicle under the
authority of a commercial driver's license issued by another
jurisdiction.
§17E-1-11. Commercial driver's license.
The commercial driver's license
must shall be marked
"commercial driver's license" or "CDL" and
must shall be, to the
maximum extent practicable, tamper proof. It must include, but not
be limited to, the following information:
(a) The name and residential address of the person;
(b) The person's color photograph;
(c) A physical description of the person including sex, height,
weight,
and eye
and hair color;
(d) Date of birth;
(e) The person's signature;
(f) The class or type of commercial motor vehicle or vehicles
which the person is authorized to drive, together with any
endorsement(s)
and or restriction(s);
(g) The name of this state; and
(h) The dates between which the license is valid.
§17E-1-12. Classifications, endorsements and restrictions.
(a) Commercial driver's licenses may be issued with the
following classifications:
endorsements and restrictions; the
holder of a valid commercial driver's license may drive all vehicles
in the class for which that license is issued, and all lesser
classes of vehicles and vehicles which require an endorsement.,
unless the proper endorsement appears on the license:
(a) Classifications
(1) Class A
combination vehicle - Any combination of vehicles
with a gross combined vehicle weight rating of twenty-six thousand
one pounds or more, provided the gross vehicle weight rating of the
vehicle being towed is in excess of ten thousand pounds.
(2) Class B
heavy straight vehicle - Any single vehicle with a
gross vehicle weight rating of twenty-six thousand one pounds or
more and any vehicle towing a vehicle not in excess of ten thousand pounds.
(3) Class C
Small Vehicle - Any single vehicle or combination
vehicle
that does not fall under either class a or class b but are:
with a gross vehicle weight rating of less than twenty-six thousand
one pounds or any vehicle towing a vehicle with a gross vehicle
weight rating not in excess of ten thousand pounds comprising:
(A) Vehicles designed to transport sixteen or more passengers,
including the driver; and
(B) Vehicles used in the transportation of hazardous materials
which requires the vehicle to be placarded under 49 C.F.R., Part
§172, subpart F
2001 (2004).
(4) Each applicant who desires to operate a vehicle in a
classification different from the class in which the applicant is
authorized shall be required to retake and pass all related tests
except the following;
(A) A driver who has passed the knowledge and skills test for
a combination vehicle in class a may operate a heavy straight
vehicle in class b or a small vehicle in class c provided he or she
possesses the required endorsements; and
(B) A driver who has passed the knowledge and skills test for
a vehicle in class b may operate any small vehicle in class c
provided he or she possesses the required endorsements.
(b)
Endorsements and restrictions. -- The commissioner upon
issuing a commercial driver's license may impose endorsements
and or restrictions determined by the commissioner to be appropriate to
assure the safe operation of a motor vehicle and to comply with 49
U.S.C., et seq., and
federal rules implementing the law 49 C.F.R.
§383.93 (2004) including, but not limited to:
(1) Double/triple trailers which shall require successful
completion of a knowledge test;
(2) Passenger vehicles which shall require successful
completion of a knowledge and skills test;
(3) Tank vehicles which shall require successful completion of
a knowledge test;
(4) Vehicles used for the transportation of hazardous materials
as defined in section three of this article which shall require the
completion of a knowledge test and a background security risk check
in accordance with 49 C.F.R. 1572.5 (2004),or
(5) School buses which shall require successful completion of
a knowledge and skills test unless the applicant meets the criteria
for waiver of the skills test in accordance with 49 C.F.R.
§383.123(b)(2004).
(c)
Applicant record check. -- Before issuing a commercial
driver's license, the commissioner shall obtain driving record
information through the commercial driver's license information
system, the national driver register and from each state in which the
person has been
commercially licensed.
(d)
Notification of license issuance. -- Within ten days after issuing a commercial driver's license, the commissioner shall notify
the commercial driver's license information system of that fact,
providing all information required to ensure identification of the
person.
(e)
Expiration of license. --
(1) Every commercial driver's license issued to persons who have
attained their twenty-first birthday expires on the applicant's
birthday in those years in which the applicant's age is evenly
divisible by five. Except as provided in subdivision (2) of this
subsection, no commercial driver's license may be issued for less
than three years nor more than seven years and the commercial
driver's license shall be renewed by the applicant's birthday and is
valid for a period of five years, expiring
in the month in which the
on the applicant's birthday
occurs and in a year in which the
applicant's age is evenly divisible by five.
(2) Every commercial driver's license issued to persons who have
not attained their twenty-first birthday expires
on the last day of
the month thirty days after the applicant's birthday in the year in
which the applicant attains the age of twenty-one years.
(3) Commercial driver's licenses held by any person in the armed
forces which expire while that person is on active duty remains valid
for thirty days from the date on which that person reestablishes
residence in West Virginia.
(4) Any person applying to renew a commercial driver's license which has been expired for
two years six months or more shall follow
the procedures for an initial issuance of a commercial driver's
license, including the testing provisions.
(f)
License renewal procedures When applying for renewal of a
commercial driver's license, the applicant shall complete the
application form and provide updated information and required
certifications.
(g) If the applicant wishes to
obtain or retain a hazardous
materials endorsement, the applicant shall comply with a background
check in accordance with 49 U.S.C., § 5103a
and 49 C.F.R. Part §1572
(2004) and pass the written test for a hazardous materials
endorsement. and subject to the following:
(1) The applicant is a citizen of the United States or a lawful
permanent resident of the United States;
(2) The applicant completes the application prescribed by the
division and submits fingerprints in a form and manner prescribed by
the division and the United States Department of Homeland Security-
Transportation Security Administration at the time of application or
at any other time in accordance with 49 C.F.R. §1572.5(2004);
(3) The applicant pays all fees prescribed by the Transportation
Security Administration or its agent and the division;
(4) The applicant has not been adjudicated as a mental defective
or committed to a mental institution as prescribed in 49 C.F.R.
§1572.109(2004);
(5) The applicant has not committed a disqualifying criminal
offense as described in 49 C.F.R. §1572.103 (2004), and
(6) The applicant has passed the Transportation Security
Administration security threat assessment and the Division has
received a final notification of threat assessment or notification
of no security threat from the Transportation Security
Administration: Provided, That any appeal of any decision,
determination or ruling of the Federal Bureau of Investigation or the
Transportation Security Agency shall be directed to that agency; and
(7) The applicant has successfully passed the written test for
the issuance or renewal of a hazardous material endorsement.
§17E-1-13. Disqualification.
(a) A person shall not operate a commercial motor vehicle if his
or her privilege to operate a commercial motor vehicle is
disqualified under the provisions of the Federal Motor Carrier Safety
Improvement Act of 1999 (public law 106-159 §1748), 49 C.F.R. Part
§383, Subpart D (2004) or in accordance with the provisions of this
section.
(1) For the purposes of determining first and subsequent
violations of the offenses listed in this section, each conviction
for any offense listed in this section resulting from a separate
incident shall include convictions for offenses committed in a
commercial motor vehicle or a noncommercial motor vehicle.
(2) Any person disqualified from operating a commercial motor vehicle for life under the provisions of this chapter for offenses
described in subsection (b), subdivisions (1) through (8) of this
section is eligible for reinstatement of privileges to operate a
commercial motor vehicle after ten years and after completion of the
safety and treatment program or other appropriate program prescribed
by the Division. Any person whose lifetime disqualification has been
amended under the provisions of this subdivision and who is
subsequently convicted of a disqualifying offense described in
subsection (b), subdivisions (1) through (8) of this section shall
not be eligible for reinstatement.
(3) Any disqualification imposed by this section shall be in
addition to any action to suspend, revoke or cancel the driver's
license or driving privileges if suspension, revocation or
cancellation is required under another provision of this code.
(4) The provisions of this section apply to any person operating
a commercial motor vehicle and to any person holding a commercial
driver's license.
(a) Disqualification offenses (b) Any person is disqualified
from driving a commercial motor vehicle for
a period of one year the
following offenses and time periods if convicted
of a first violation
of:
(1) Driving a
commercial motor vehicle under the influence of
alcohol or a controlled substance;
(A) For a first conviction or for refusal to submit to any designated secondary chemical test while operating a commercial motor
vehicle, a driver shall be disqualified from operating a commercial
motor vehicle for a period of one year.
(B) For a first conviction or for refusal to submit to any
designated secondary chemical test while operating a noncommercial
motor vehicle, a commercial driver's license holder shall be
disqualified from operating a commercial motor vehicle for a period
of one year.
(C) For a first conviction or for refusal to submit to any
designated secondary chemical test while operating a commercial motor
vehicle transporting hazardous materials required to be placarded
under 49 C.F.R. Part §172, Subpart F, a driver shall be disqualified
from operating a commercial motor vehicle for a period of three
years.
(D) For a second conviction or for refusal to submit to any
designated secondary chemical test in a separate incident of any
combination of offenses in this subsection while operating a
commercial motor vehicle, a driver shall be disqualified from
operating a commercial motor vehicle for life.
(E) For a second conviction or refusal to submit to any
designated secondary chemical test in a separate incident of any
combination of offenses in this subsection while operating a
noncommercial motor vehicle, a commercial motor vehicle license
holder shall be disqualified from operating a commercial motor vehicle for life.
(2) Driving a commercial motor vehicle while the person's
alcohol concentration of the person's blood, breath or urine is four
hundredths of one percent or more, by weight;
(A) For a first conviction or for refusal to submit to any
designated secondary chemical test while operating a commercial motor
vehicle, a driver shall be disqualified from operating a commercial
motor vehicle for one year.
(B) For a first conviction or for refusal to submit to any
designated secondary chemical test while operating a commercial motor
vehicle transporting hazardous materials required to be placarded
under 49 C.F.R. Part §172, Subpart F, a driver shall be disqualified
from operating a commercial motor vehicle for three years.
(C) For a second conviction or refusal to submit to any
designated secondary chemical test in a separate incident of any
combination of offenses in this subsection while operating a
commercial motor vehicle, a driver shall be disqualified from
operating a commercial motor vehicle for life.
(3) Refusing to submit to any designated secondary chemical
required by the provisions of this code or the provisions of 49
C.F.R. §383.72 (2004);
(A) For the first conviction or refusal to submit to any
designated secondary chemical test while operating a commercial
motor vehicle, a driver shall be disqualified from operating a commercial motor vehicle for one year.
(B) For the first conviction or refusal to submit to any
designated secondary chemical test while operating a noncommercial
motor vehicle, a commercial driver's license holder shall be
disqualified from operating a commercial motor vehicle for one year.
(C) For the first conviction or for refusal to submit to any
designated secondary chemical test while operating a commercial motor
vehicle transporting hazardous materials required to be placarded
under 49 C.F.R. Part §172, Subpart F (2004), a driver shall be
disqualified from operating a commercial motor vehicle for a period
of three years.
(D) For a second conviction or refusal to submit to any
designated secondary chemical test in a separate incident of any
combination of offenses in this subsection while operating a
commercial motor vehicle, a driver shall be disqualified from
operating a commercial motor vehicle for life.
(E) For a second conviction or refusal to submit to any
designated secondary chemical test in a separate incident of any
combination of offenses in this subsection while operating a
noncommercial motor vehicle, a commercial driver's license holder
shall be disqualified from operating a commercial motor vehicle for
life.
(3) (4) Leaving the scene of an accident;
involving a commercial
motor vehicle driven by the person;
(A) For the first conviction while operating a commercial motor
vehicle, a driver shall be disqualified from operating a commercial
motor vehicle for one year.
(B) For the first conviction while operating a noncommercial
motor vehicle, a commercial driver's license holder shall be
disqualified for one year.
(C) For the first conviction while operating a commercial motor
vehicle transporting hazardous materials required to be placarded
under 49 C.F.R. Part §172, Subpart F (2004), a driver shall be
disqualified from operating a commercial motor vehicle for a period
of three years.
(D) For a second conviction in a separate incident of any
combination of offenses in this subsection while operating a
commercial motor vehicle, a driver shall be disqualified from
operating a commercial motor vehicle for life.
(E) For a second conviction in a separate incident of any
combination of offenses in this subsection while operating a
noncommercial motor vehicle, a commercial driver's license holder
shall be disqualified from operating a commercial motor vehicle for
life.
(4) (5) Using a
commercial motor vehicle in the commission of
any felony as defined in
this article section three, article one of
this chapter: Provided, That the commission of any felony involving
the manufacture, distribution or dispensing of a controlled substance, or possession with intent to manufacture, distribute or
dispense a controlled substance falls under the provisions of
subsection (e) subdivision(8)of this
section subsection;
(A) For the first conviction while operating a commercial motor
vehicle, a driver shall be disqualified from operating a commercial
motor vehicle for one year.
(B) For the first conviction while operating a noncommercial
motor vehicle, a commercial driver's license holder shall be
disqualified from operating a commercial motor vehicle for one year.
(C) For the first conviction while operating a commercial motor
vehicle transporting hazardous materials required to be placarded
under 49 C.F.R. Part §172, Subpart F,(2004), a driver shall be
disqualified from operating a commercial motor vehicle for a period
of three years.
(D) For a second conviction in a separate incident of any
combination of offenses in this subsection while operating a
commercial motor vehicle, a driver shall be disqualified from
operating a commercial motor vehicle for life.
(E) For a second conviction in a separate incident of any
combination of offenses in this subsection while operating a
noncommercial motor vehicle, a commercial motor vehicle license
holder shall be disqualified from operating a commercial motor
vehicle for life.
(5) Refusing to submit to a test to determine the person's alcohol concentration while driving a commercial motor vehicle;
(6) Operating a commercial motor vehicle when, as a result of
prior violations committed operating a commercial motor vehicle, the
driver's privilege to operate a motor vehicle has been suspended,
revoked or canceled, or the driver's privilege to operate a
commercial motor vehicle has been disqualified.
(A) For the first conviction while operating a commercial motor
vehicle, a driver shall be disqualified from operating a commercial
motor vehicle for one year.
(B) For the first conviction while operating a commercial motor
vehicle transporting hazardous materials required to be placarded
under 49 C.F.R. Part §172, Subpart F,(2004), a driver shall be
disqualified from operating a commercial motor vehicle for a period
of three years.
(C) For a second conviction in a separate incident of any
combination of offenses in this subsection while operating a
commercial motor vehicle, a driver shall be disqualified from
operating a commercial motor vehicle for life.
(6) (7) Causing a fatality through the Manslaughter or negligent
homicide resulting from the operation of a
commercial motor vehicle,
including, but not limited to, the crimes of motor vehicle
manslaughter, homicide and negligent homicide as defined in section
five, article three, chapter seventeen-b, and section one, article
five, chapter seventeen-c of this code;
(A) For the first conviction while operating a commercial motor
vehicle, a driver shall be disqualified from operating a commercial
motor vehicle for one year.
(B) For the first conviction while operating a commercial motor
vehicle transporting hazardous materials required to be placarded
under 49 C.F.R. Part §172, Subpart F,(2004), a driver shall be
disqualified from operating a commercial motor vehicle for a period
of three years.
(C) For a second conviction in a separate incident of any
combination of offenses in this subsection while operating a
commercial motor vehicle, a driver shall be disqualified from
operating a commercial motor vehicle for life.
(7) Driving while his or her license is suspended or revoked,
as defined in section three, article four, chapter seventeen-b of
this code; or
(8) Perjury or making a false affidavit or statement under oath
to the division of motor vehicles, as defined in subsection (4),
section five, article three, chapter seventeen-b of this code and
section two, article four of said chapter.
If any of the violations in this subsection occurred while
transporting a hazardous material required to be placarded, the
person is disqualified for a period of not less than three years for
a first violation.
(b) A person is disqualified for life if convicted of two or more violations of any of the offenses specified in subsection (a)
of this section, or any combination of those offenses, arising from
two or more separate incidents.
(c) The commissioner may propose rules for promulgation in
accordance with article three, chapter twenty-nine-a of this code
establishing guidelines, including conditions, under which a
disqualification for life under subsection (b) of this section may
be reduced to a period of not less than ten years.
(d) A person is disqualified from driving a commercial motor
vehicle for life who uses a
(8) Using a commercial motor vehicle in the commission of any
felony involving the manufacture, distribution or dispensing of a
controlled substance, or possession with intent to manufacture,
distribute or dispense a controlled substance,
a driver shall be
disqualified from operating a commercial motor vehicle for life and
shall not be eligible for reinstatement.
(e) (c) A Any person is disqualified from driving a commercial
motor vehicle
for a period of sixty days if convicted of;
two serious
traffic violations, or one hundred twenty days if convicted of three
serious violations, committed in a commercial motor vehicle arising
from separate incidents occurring within a three-year period.
(1) Speeding excessively involving any speed of fifteen miles
per hour or more above the posted speed limit;
(A) For a second conviction of any combination of offenses in this subsection in a separate incident within a three-year period
while operating a commercial motor vehicle, a driver shall be
disqualified from operating a commercial motor vehicle for a period
of sixty days.
(B) For a second conviction of any combination of offenses in
this section in a separate incident within a three-year period while
operating a noncommercial motor vehicle, if the conviction results
in the suspension, revocation or cancellation of the commercial
driver's license holder's privilege to operate any motor vehicle,
a commercial driver's license holder shall be disqualified from
operating a commercial motor vehicle for a period of sixty days.
(C) For a third or subsequent conviction of any combination of
the offenses in this subsection in a separate incident in a
three-year period while operating a commercial motor vehicle, a
driver shall be disqualified from operating a commercial motor
vehicle for a period of one hundred twenty days.
(D) For a third or subsequent conviction of any combination of
offenses in this subsection in a separate incident within a
three-year period while operating a noncommercial motor vehicle, if
the conviction results in the suspension, revocation or cancellation
of the commercial driver's license holder's privilege to operate any
motor vehicle, a commercial driver's license holder shall be
disqualified from operating a commercial motor vehicle for a period
of one hundred twenty days.
(2) Reckless driving as defined in section three, article five,
chapter seventeen-c of this code, careless, or negligent driving
including, but not limited to, the offenses of driving a motor
vehicle in willful or wanton disregard for the safety of persons or
property;
(A) For a second conviction of any combination of offenses in
this subsection in a separate incident within a three-year period
while operating a commercial motor vehicle, a driver shall be
disqualified from operating a commercial motor vehicle for a period
of sixty days.
(B) For a second conviction of any combination of offenses in
this section in a separate incident within a three-year period while
operating a noncommercial motor vehicle, if the conviction results
in the suspension, revocation, or cancellation of the commercial
driver's license holder's privilege to operate any motor vehicle, a
commercial driver's license holder shall be disqualified from
operating a commercial motor vehicle for a period of sixty days.
(C) For a third or subsequent conviction of any combination of
the offenses in this subsection in a separate incident in a
three-year period while operating a commercial motor vehicle, a
driver shall be disqualified from operating a commercial motor
vehicle for a period of one hundred twenty days.
(D) For a third or subsequent conviction of any combination of
offenses in this subsection in a separate incident within a three-year period while operating a noncommercial motor vehicle, if
the conviction results in the suspension, revocation or cancellation
of the commercial driver's license holder's privilege to operate any
motor vehicle, a commercial driver's license holder shall be
disqualified from operating a commercial motor vehicle for a period
of one hundred twenty days.
(3) Making improper or erratic traffic lane changes;
(A) For a second conviction of any combination of offenses in
this subsection in a separate incident within a three-year period
while operating a commercial motor vehicle, a driver shall be
disqualified from operating a commercial motor vehicle for a period
of sixty days.
(B) For a second conviction of any combination of offenses in
this section in a separate incident within a three-year period while
operating a noncommercial motor vehicle, if the conviction results
in the suspension, revocation, or cancellation of the commercial
driver's license holder's privilege to operate any motor vehicle, a
commercial driver's license holder shall be disqualified from
operating a commercial motor vehicle for a period of sixty days.
(C) For a third or subsequent conviction of any combination of
the offenses in this subsection in a separate incident in a
three-year period while operating a commercial motor vehicle, a
driver shall be disqualified from operating a commercial motor
vehicle for a period of one hundred twenty days.
(D) For a third or subsequent conviction of any combination of
offenses in this subsection in a separate incident within a
three-year period while operating a noncommercial motor vehicle, if
the conviction results in the suspension, revocation or cancellation
of the commercial driver's license holder's privilege to operate any
motor vehicle, a commercial driver's license holder shall be
disqualified from operating a commercial motor vehicle for a period
of one hundred twenty days.
(4) Following the vehicle ahead too closely;
(A) For a second conviction of any combination of offenses in
this subsection in a separate incident within a three-year period
while operating a commercial motor vehicle, a driver shall be
disqualified from operating a commercial motor vehicle for a period
of sixty days.
(B) For a second conviction of any combination of offenses in
this section in a separate incident within a three-year period while
operating a noncommercial motor vehicle, if the conviction results
in the suspension, revocation, or cancellation of the commercial
driver's license holder's privilege to operate any motor vehicle,
a commercial driver's license holder shall be disqualified from
operating a commercial motor vehicle for a period of sixty days.
(C) For a third or subsequent conviction of any combination
of the offenses in this subsection in a separate incident in a
three-year period while operating a commercial motor vehicle, a driver shall be disqualified from operating a commercial motor
vehicle for a period of one hundred twenty days.
(D) For a third or subsequent conviction of any combination of
offenses in this subsection in a separate incident within a
three-year period while operating a noncommercial motor vehicle, if
the conviction results in the suspension, revocation or cancellation
of the commercial driver's license holder's privilege to operate any
motor vehicle, a commercial driver's license holder shall be
disqualified from operating a commercial motor vehicle for a period
of one hundred twenty days.
(5) Violating any law relating to traffic control arising in
connection with a fatal accident, other than a parking violation;
(A) For a second conviction of any combination of offenses in
this subsection in a separate incident within a three-year period
while operating a commercial motor vehicle, a driver shall be
disqualified from operating a commercial motor vehicle for a period
of sixty days.
(B) For a second conviction of any combination of offenses in
this section in a separate incident within a three-year period while
operating a noncommercial motor vehicle, if the conviction results
in the suspension, revocation, or cancellation of the commercial
driver's license holder's privilege to operate any motor vehicle,
a commercial driver's license holder shall be disqualified from
operating a commercial motor vehicle for a period of sixty days.
(C) For a third or subsequent conviction of any combination of
the offenses in this subsection in a separate incident in a
three-year period while operating a commercial motor vehicle, a
driver shall be disqualified from operating a commercial motor
vehicle for a period of one hundred twenty days.
(D) For a third or subsequent conviction of any combination of
offenses in this subsection in a separate incident within a
three-year period while operating a noncommercial motor vehicle, if
the conviction results in the suspension, revocation or cancellation
of the commercial driver's license holder's privilege to operate any
motor vehicle, a commercial motor vehicle license holder shall be
disqualified from operating a commercial motor vehicle for a period
of one hundred twenty days.
(6) Driving a commercial motor vehicle without obtaining a
commercial driver's license;
(A) For a second conviction of any combination of offenses in
this subsection in a separate incident within a three-year period
while operating a commercial motor vehicle, a driver shall be
disqualified from operating a commercial motor vehicle for a period
of sixty days.
(B) For a third or subsequent conviction of any combination of
the offenses in this subsection in a separate incident in a three-
year period while operating a commercial motor vehicle, a driver
shall be disqualified from operating a commercial motor vehicle for a period of one hundred twenty days.
(7) Driving a commercial motor vehicle without a commercial
driver's license in the driver's possession, provided that any person
who provides proof of possession of a commercial driver's license to
the enforcement agency that issued the citation, by the court
appearance or fine payment deadline shall not be guilty of this
offense;
(A) For a second conviction of any combination of offenses in
this subsection in a separate incident within a three-year period
while operating a commercial motor vehicle, a commercial driver's
license holder shall be disqualified from operating a commercial
motor vehicle for a period of sixty days.
(B) For a third or subsequent conviction of any combination of
the offenses in this subsection in a separate incident in a
three-year period while operating a commercial motor vehicle, a
commercial driver's license holder shall be disqualified from
operating a commercial motor vehicle for a period of one hundred
twenty days.
(8) Driving a commercial motor vehicle without the proper class
of commercial driver's license or the proper endorsements for the
specific vehicle group being operated, or for the passengers or type
of cargo being transported;
(A) For a second conviction of any combination of offenses in
this subsection in a separate incident within a three-year period while operating a commercial motor vehicle, a commercial driver's
license holder shall be disqualified from operating a commercial
motor vehicle for a period of sixty days.
(B) For a third or subsequent conviction of any combination of
the offenses in this subsection in a separate incident in a
three-year period while operating a commercial motor vehicle, a
commercial driver's license holder shall be disqualified from
operating a commercial motor vehicle for a period of one hundred
twenty days.
(f) In addition, in accordance with the provision of 49 C.F.R.
§ 391.15 and § 383.15 (1998), a conviction of violating an
out-of-service order is a disqualifying offense. For the first
offense, the period of disqualification shall be for ninety days. For
the second offense within a ten-year period for violations in
separate incidents, the period of disqualification shall be for a
period of one year. For the third or subsequent offense within a
ten-year period for violations in separate incidents, the period of
disqualification shall be for a period of three years. If the
violation of the out-of-service order occurred while the person was
operating a commercial motor vehicle transporting hazardous material
required to be placarded under the Hazardous Transportation Act (49
U.S.C. §§ 5101, et seq.) or while operating a motor vehicle designed
to transport sixteen or more passengers, including the driver, the
period of disqualification for the first offense shall be for one hundred eighty days. For the second or subsequent offense within a
ten-year period for violations in separate incidents, the period of
disqualification shall be for three years.
(g) A person is disqualified from driving a commercial motor
vehicle if he or she 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 commercial driver's license as provided in article five-a,
chapter forty-eight-a 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. A disqualification
under this section continues until 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.
(h) In accordance with the provisions of 49 C.F.R. § 383.51
(2001), any
(d) Any person convicted of operating a commercial motor vehicle
in violation of any federal, state or local law or ordinance
pertaining to any of the railroad crossing violations described in
subdivision subdivisions (1)
through (6) of this subsection shall be
disqualified
from operating a commercial motor vehicle for the period
of time specified;
in subdivision (2) of this subsection:
(1) Conviction for any of the following railroad crossing violations
shall result in disqualification:
(A) (1) Failing to slow down and check that the tracks are clear
of an approaching train, if not required to stop in accordance with
the provisions of section three, article twelve, chapter seventeen-c
of this code;
(A) For the first conviction, a driver shall be disqualified
from operating a commercial motor vehicle for a period of sixty days;
(B) For a second conviction of any combination of offenses in
this subsection within a three-year period, a driver shall be
disqualified from operating a commercial motor vehicle for one
hundred twenty days; and
(C) For a third or subsequent conviction of any combination of
offenses in this subsection within a three-year period, a driver
shall be disqualified from operating a commercial motor vehicle for
one year.
(B) (2) Failing to stop before reaching the crossing, if the
tracks are not clear, if not required to stop, in accordance with the
provisions of section one, article twelve, chapter seventeen-c of
this code;
(A) For the first conviction, a driver shall be disqualified from operating a commercial motor vehicle for a period of sixty days;
(B) For a second conviction of any combination of offenses in
this subsection within a three-year period, a driver shall be
disqualified from operating a commercial motor vehicle for one
hundred twenty days; and
(C) For a third or subsequent conviction of any combination of
offenses in this subsection within a three-year period, a driver
shall be disqualified from operating a commercial motor vehicle for
one year.
(C) (3) Failing to stop before driving onto the crossing, if
required to stop in accordance with the provisions of section three,
article twelve, chapter seventeen-c of this code;
(A) For the first conviction, a driver shall be disqualified
from operating a commercial motor vehicle for a period of sixty days;
(B) For a second conviction of any combination of offenses in
this subsection within a three-year period , the driver shall be
disqualified from operating a commercial motor vehicle for one
hundred twenty days; and
(C) For a third or subsequent conviction of any combination of
offenses in this subsection within a three-year period, a driver
shall be disqualified from operating a commercial motor vehicle for
one year.
(D) (4) Failing to have sufficient space to drive completely
through the crossing without stopping in accordance with the provisions of section three, article twelve, chapter seventeen-c of
this code;
(A) For the first conviction, a driver shall be disqualified
from operating a commercial motor vehicle for a period of sixty days;
(B) For a second conviction of any combination of offenses in
this subsection within a three-year period, a driver shall be
disqualified from operating a commercial motor vehicle for one
hundred twenty days; and
(C) For a third or subsequent conviction of any combination of
offenses in this subsection within a three-year period, a driver
shall be disqualified from operating a commercial motor vehicle for
one year.
(E) (5) Failing to obey a traffic control device or the
directions of an enforcement official at the crossing in accordance
with the provisions of section one, article twelve, chapter
seventeen-c of this code; or
(A) For the first conviction, a driver shall be disqualified
from operating a commercial motor vehicle for a period of sixty days;
(B) For a second conviction of any combination of offenses in
this subsection within a three-year period, a driver shall be
disqualified from operating a commercial motor vehicle for one
hundred twenty days; and
(C) For a third or subsequent conviction of any combination of
offenses in this subsection within a three-year period, a driver shall be disqualified from operating a commercial motor vehicle for
one year.
(F) (6) Failing to negotiate a crossing because of insufficient
undercarriage clearance in accordance with the provisions of section
three, article twelve, chapter seventeen-c of this code.
(A) For the first conviction, a driver shall be disqualified
from operating a commercial motor vehicle for a period of sixty days;
(B) For a second conviction of any combination of offenses in
this subsection within a three-year period, a driver shall be
disqualified from operating a commercial motor vehicle for one
hundred twenty days; and
(C) For a third or subsequent conviction of any combination of
offenses in this subsection within a three-year period, a driver
shall be disqualified from operating a commercial motor vehicle for
one year.
(2) Duration of disqualification time periods for
railroad-highway grade crossing convictions are as follows:
(A) For the first conviction, a driver of a commercial motor
vehicle shall be disqualified for sixty days if the driver is
convicted of a first violation of a railroad-highway grade crossing
violation;
(B) For a second conviction, a driver of a commercial vehicle
shall be disqualified for one hundred and twenty days if during any
three-year period the driver is convicted of a second railroad-highway grade crossing violation in separate incidents;
(C) For the third or subsequent conviction, a driver of a
commercial motor vehicle shall be disqualified for one year if during
any three-year period the driver is convicted of a third or
subsequent railroad-highway grade crossing violation in separate
incidents.
(e) Any person who is convicted of violating an out-of-service
order while operating a commercial motor vehicle shall be
disqualified for the following periods of time if:
(1) Convicted of violating a driver or vehicle out-of-service
order while transporting nonhazardous materials;
(A) For the first conviction of violating an out-of-service
order while operating a commercial motor vehicle, a driver shall be
disqualified from operating a commercial motor vehicle for ninety
days.
(B) For a second conviction in a separate incident within a
ten-year period for violating an out-of-service order while operating
a commercial motor vehicle, a driver shall be disqualified from
operating a commercial motor vehicle for one year.
(C) For a third or subsequent conviction in a separate incident
within a ten-year period for violating an out-of-service order while
operating a commercial motor vehicle, a driver shall be disqualified
from operating a commercial motor vehicle for three-years.
(2) Convicted of violating a driver or vehicle out-of-service order while transporting hazardous materials required to be placarded
under 49 C.F.R. Part §172, Subpart F (2004), or while operating a
vehicle designed to transport sixteen or more passengers including
the driver;
(A) For the first conviction of violating an out of service
order while operating a commercial motor vehicle, a driver shall be
disqualified from operating a commercial motor vehicle for one-
hundred eighty days.
(B) For a second conviction in a separate incident within a
ten-year period for violating an out-of-service order while operating
a commercial motor vehicle, a driver shall be disqualified from
operating a commercial motor vehicle for three-years.
(C) For a third or subsequent conviction in a separate incident
within a ten-year period for violating an out-of-service order while
operating a commercial motor vehicle, a driver shall be disqualified
from operating a commercial motor vehicle for three-years.
(I) (f) After
disqualifying, suspending, revoking or canceling
a commercial driver's license, the division shall update its records
to reflect that action within ten days.
(g) In accordance with the provisions of 49 U.S.C.
§313119(a)(19)(2004), and 49 C.F.R §384.226 (2004), and
notwithstanding the provisions of section twenty-five, article
eleven, chapter sixty-one of this code, no record of conviction,
revocation, suspension or disqualification related to any type of motor vehicle traffic control offense, other than a parking
violation, of a commercial driver's license holder or a person
operating a commercial motor vehicle may be masked, expunged,
deferred, or be subject to any diversion program.
(h) Notwithstanding any provision in this code to the contrary,
the division shall not issue any temporary driving permit, work-only
driving permit or hardship license or permit that authorizes a person
to operate a commercial motor vehicle when his or her privilege to
operate any motor vehicle has been revoked, suspended, disqualified
or otherwise canceled for any reason.
(i) In accordance with the provisions of 49 C.F.R. §391.15(b),
a driver is disqualified from operating a commercial motor vehicle
for the duration of any suspension, revocation or cancellation of his
or her driver's license or privilege to operate a motor vehicle by
this state or by any other state or jurisdiction until the driver
complies with the terms and conditions for reinstatement set by this
state or by anther state or jurisdiction.
§17E-1-14. Commercial drivers prohibited from driving with blood
alcohol concentration of four hundredths of one
percent or more; refusal of preliminary breath test
to determine alcohol content of blood; criminal
penalties.
(a) In addition to any other penalties provided by this code,
any person who drives, operates or is in physical control of a commercial motor vehicle while having an alcohol concentration in his
or her blood, breath or urine of four hundredths of one percent or
more, by weight, is guilty of a misdemeanor and, upon conviction
thereof, shall be confined in jail for not less than twenty-four
hours nor more than six months, and shall be fined not less than one
hundred dollars nor more than five hundred dollars. A person
convicted of a second or any subsequent offense under the provisions
of this subsection shall be confined in jail for a period of not less
than six months nor more than one year, and the court may, in its
discretion, impose a fine of not less than one thousand dollars nor
more than three thousand dollars.
(b) A person who violates the provisions of subsection (a) of
this section shall be treated in the same manner set forth in section
three, article nineteen, chapter seventeen-c of this code, as if he
or she had been arrested for driving under the influence of alcohol
or of any controlled substance.
(c) In addition to any other penalties provided by this code,
a person who drives, operates or is in physical control of a
commercial motor vehicle having any measurable alcohol in such
person's system or who refuses to take a preliminary breath test to
determine such person's blood alcohol content as provided by section
fifteen of this article,
must shall be placed out of service for
twenty-four hours by the arresting law-enforcement officer.
§17E-1-15. Implied consent requirements for commercial motor vehicle drivers; disqualification for driving with blood
alcohol concentration of four hundredths of one
percent or more, by weight.
(a) A person who drives a commercial motor vehicle within this
state is deemed to have given consent, subject to provisions of
section four, article five, chapter seventeen-c of this code, to take
a test or tests of that person's blood, breath or urine for the
purpose of determining that person's alcohol concentration, or the
presence of other drugs.
(b) A test or tests may be administered at the direction of a
law-enforcement officer, who after lawfully stopping or detaining the
commercial motor vehicle driver, has reasonable cause to believe that
driver was driving a commercial motor vehicle while having alcohol
in his or her system.
(c) A person requested to submit to a test as provided in
subsection (a) of this section must be warned by the law-enforcement
officer requesting the test that a refusal to submit to the test will
result in that person being disqualified from operating a commercial
motor vehicle under section thirteen or fifteen of this article.
(d) If the person refuses testing, or submits to a test which
discloses an alcohol concentration of four hundredths of one percent
or more, by weight, that law-enforcement officer
must shall submit
a sworn report to the Division of Motor Vehicles certifying that the
test was requested pursuant to subsection (a) of this section and that the person refused to submit to testing, or submitted to a test
which disclosed an alcohol concentration of four hundredths of one
percent or more, by weight.
(e) Upon receipt of the sworn report of a law-enforcement
officer submitted under subsection (d) of this section, the
commissioner
must shall enter an order
revoking the person's driver's
license in accordance with section seven, article five, chapter
seventeen-c of this code and disqualifying the
driver person from
driving a commercial motor vehicle
for one year for the period of
time prescribed in section thirteen of this article.
§17E-1-16. Notification of traffic convictions.
(a) The commissioner shall notify the licensing authority of the
state where the driver is licensed within Within ten thirty days
of
the date of conviction after receiving a report of the conviction of
any holder of a commercial driver license
or any person operating a
commercial motor vehicle for any violation of state law or local
ordinance relating to motor vehicle traffic control, other than
parking violations, committed in a commercial motor vehicle.
the
commissioner must notify the driver licensing authority in the
licensing state of the conviction and the United States department
of transportation, federal highway administration, and the public
service commission, transportation division.
(b) The commissioner shall notify the driver licensing authority
in the licensing state where the driver is licensed within ten days of the date of disqualification of any holder of a commercial driver
license or any person operating a commercial motor vehicle.
(c) Beginning on the thirtieth day of September, two thousand
eight, the commissioner shall notify the driver licensing authority
in the licensing state where the driver is licensed within ten days
of the date of conviction of any holder of a commercial driver's
license or any person operating a commercial motor vehicle for any
violation of state law or local ordinance relating to motor vehicle
traffic control, other than parking violations, committed in a
commercial motor vehicle.
§17E-1-17. Driving record information to be furnished.
Subject to the provisions of article two-a, chapter seventeen-a
of this code, the commissioner shall furnish full information
regarding the driving record of any person:
(a) To the driver license administrator of any other state or
province or territory of Canada requesting that information;
(b) To any
motor carrier employer or prospective
motor carrier
employer;
(c) To insurers upon request;
(d) To credit reporting organizations and for other legitimate
business transactions; and
(c) To the United States Secretary of Transportation; and
(e) (d) To the driver.
Provided, That nothing in this section shall be construed to prevent an insurer from obtaining a standard driving record issued
in accordance with section two, article two, chapter seventeen-d of
this code.
§17E-1-23. Funding for the commercial driver's license fees.
(a) Each application for a commercial driver's license shall be
accompanied by the fees provided
for in this section and the fees
shall be deposited in a special revolving fund for the operation by
the division of its functions established by this chapter.
(b) The fee for a commercial driver's license shall be
established by the commissioner to cover all necessary costs for
program administration. The fees for knowledge and road testing shall
also be established by the commissioner to cover all program costs
projected to be incurred by the division.
and the West Virginia
state police. The commissioner shall transfer into a special
revolving fund under the control of the superintendent of the West
Virginia state police those amounts required by the West Virginia
state police and determined by the commissioner as necessary to
administer its responsibilities under this article until the first
day of July, two thousand.
§17E-1-24. Enforcement.
In addition to the officers of the
department of public safety
West Virginia State Police, any police officer,
or employee of the
department of highways designated by the commissioner of highways as
a weight enforcement officer, or any inspector
or weight enforcement officer of the Public Service Commission, Motor Carrier Division,
and
any special agent of the Federal Motor Carrier Safety Administration
may enforce the provisions of this article.
NOTE: The purpose of this bill is to update provisions
pertaining to the issuance and disqualification of commercial
driver's licenses to conform with Federal law.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.