Senate Bill No. 289
(By Senators Bailey and Love)
____________
[Introduced January 22, 2008; referred to the Committee on
Transportation and Infrastructure; and then to the Committee on
the Judiciary.]
____________
A BILL to amend and reenact §17B-2-7 of the Code of West Virginia,
1931, as amended, relating to driver's license examinations.
Be it enacted by the Legislature of West Virginia:
That §17B-2-7 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. ISSUANCE OF LICENSE, EXPIRATION AND RENEWAL.
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, 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 only be administered in the English language and will
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.
NOTE: The purpose of this bill is to mandate that the
driver's license examination in West Virginia be administered only
in English.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.