COMMITTEE SUBSTITUTE
FOR
H. B. 2306
(By Mr. Speaker, Mr. Chambers, and Delegate Burk)
(By Request of the Executive)
(Originating in the House Committee on Finance)
[March 30, 1993]
A BILL to amend and reenact sections five, seven and seven-b,
article two, chapter seventeen-b of the code of West
Virginia, one thousand nine hundred thirty-one, as amended;
and to amend and reenact section nine, article one, chapter
seventeen-e of said code, all relating to removing the duty
to perform certain driving examinations from state troopers
of the division of public safety.
Be it enacted by the Legislature of West Virginia:
That sections five, seven and seven-b, article two, chapter
seventeen-b of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted; and
that section nine, article one, chapter seventeen-e of said code
be amended and reenacted, all to read as follows:
ARTICLE 2. ISSUANCE OF LICENSE, EXPIRATION AND RENEWAL.
§17B-2-5. Qualifications, issuance and fee for instruction
permits.
Any person who is at least fifteen years of age may apply to
the division for an instruction permit. The division may, in itsdiscretion, after the applicant has appeared before the
department of public safety and successfully passed all parts of
the examination other than the driving test and presented
documentation of compliance with the provisions of section
eleven, article eight, chapter eighteen of this code, issue to
the applicant an instruction permit which shall entitle the
applicant while having such permit in such person's immediate
possession to drive a motor vehicle upon the public highways when
accompanied by a licensed driver of at least twenty-one years of
age or a driver's education or driving school instructor that is
acting in an official capacity as an instructor, who is occupying
a seat beside the driver, except in the event the permittee is
operating a motorcycle, but in no event shall the permittee be
allowed to operate a motorcycle upon a public highway until
reaching sixteen years of age. Any such instruction permit
issued to a person under the age of sixteen years shall expire
sixty days after the permittee reaches sixteen years of age:
Provided,
That only permittees who have reached their sixteenth
birthday are eligible to take the driving examination as provided
in section six of this article. The instruction permit may be
renewed for one additional period of sixty days. Any such permit
issued to a person who has reached the age of sixteen years shall
be valid for a period of sixty days and may be renewed for an
additional period of sixty days or a new permit issued. The fee
for such instruction permit shall be four dollars, one dollar of
which shall be paid into the state treasury and credited to the
state road fund, and the other three dollars of which shall be
paid into the state treasury and credited to the general fund tobe appropriated to the department division of public safety for
application in the enforcement of the road law.
Any person sixteen years of age or older may apply to the
division for a motorcycle instruction permit. The division of
motor vehicles may, in its discretion, after the applicant has
appeared before the division of public safety and successfully
passed all parts of the motorcycle examination other than the
driving test, and presented documentation of compliance with the
provisions of section eleven, article eight, chapter eighteen of
this code, issue to the applicant an instruction permit which
entitles the applicant while having such permit in such person's
immediate possession to drive a motorcycle upon the public
streets or highways for a period of sixty days, during the
daylight hours between sunrise and sunset only. No holder of a
motorcycle instruction permit shall operate a motorcycle while
carrying any passenger on the vehicle. A motorcycle instruction
permit is not renewable, but a qualified applicant may apply for
a new permit. The fee for a motorcycle instruction permit shall
be five dollars, which shall be paid into a special fund in the
state treasury known as the motorcycle license examination fund
as established in section seven-c, article two of this chapter.
In no case shall the terms of this section be interpreted as
prohibiting a West Virginia state trooper from conducting any
examination required by this section when sufficient civilian
members of the division are unavailable to conduct such tests.
Any such assignment of a trooper to conduct tests must receive
prior authorization of the member's commanding officer.
§17B-2-7. Examination of applicants.
(a) Upon the presentment by the applicant under the age of
eighteen years of the applicant's birth certificate, or a
certified copy thereof, as evidence that the applicant is of
lawful age, civilian members of the division of public safety
shall examine every applicant for a license to operate a motor
vehicle in this state, except as otherwise provided in this
section. Such 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, and shall include an actual demonstration
of ability to exercise ordinary and reasonable control in the
operation of a motor vehicle, and such further physical and
mental examination as the division of motor vehicles and the
division of public safety deems necessary to determine the
applicant's fitness to operate a motor vehicle safely upon the
highways.
(b) The commissioner and superintendent of public safety
shall promulgate legislative rules in accordance with the
provisions of chapter twenty-nine-a of this code concerning the
examination of applicants for licenses and the qualifications
required of such applicants, and the examination of such
applicants by civilian members of the division of public safety
shall be in accordance with such rules. Such rules shall provide
for the viewing of educational material or films on the effects
of alcohol upon persons and the dangers of driving a motorvehicle while under the influence of alcohol.
In no case shall the terms of this section be interpreted as prohibiting
a West Virginia state trooper from conducting any examination
required by this section when sufficient civilian members of the
division are unavailable to conduct such tests. Any such
assignment of a trooper to conduct tests must receive prior
authorization of the member's commanding officer.
§17B-2-7b. Separate examination and endorsement for a license
valid for operation of motorcycle.
Civilian members of the division of public safety shall
administer a separate motorcycle examination for applicants for
a license valid for operation of a motorcycle. Any applicant for
a license valid for operation of a motorcycle shall be required
to successfully complete the motorcycle examination, which shall
be in addition to the examination administered pursuant to
section seven of this article:
Provided,
That the commissioner
of motor vehicles may exempt an applicant for a motorcycle driver
license or endorsement from all or part of the motorcycle license
examination as provided in section six, article one-d of this
chapter. The motorcycle examination shall test the applicant's
knowledge of the operation of a motorcycle and of any traffic
laws specifically relating thereto and shall include an actual
demonstration of the ability to exercise ordinary and reasonable
control in the operation of a motorcycle. An applicant for a
license valid for the operation of only a motorcycle shall be
tested as provided in this section and in section seven of this
article , but need not demonstrate actual driving ability in any
vehicle other than a motorcycle. The examination provided inthis section shall not be made a condition upon the renewal of
the license of any person under this section.
For an applicant who successfully completes the motorcycle
examination, upon payment of the required fee, the division shall
issue a motorcycle endorsement on the driver's license of the
applicant, or shall issue a special motorcycle-only license if
the applicant does not possess a driver's license.
Any person who already holds a valid driver's license on or
before the first day of April, one thousand nine hundred ninety-
two, upon application and payment of the required fee to the
division of motor vehicles at any time between the first day of
April, one thousand nine hundred ninety-two, and the thirtieth
day of June, one thousand nine hundred ninety-two, may be issued
a motorcycle endorsement without being required to take the
examination specified in this section. On or after the first day
of July, one thousand nine hundred ninety-two, every person,
including those holding a valid driver's license, shall be
required to take the examination specified in this section to
obtain a motorcycle license or endorsement.
In no case shall the terms of this section be interpreted as prohibiting
a West Virginia state trooper from conducting any examination
required by this section when sufficient civilian members of the
division are unavailable to conduct such tests. Any such
assignment of a trooper to conduct tests must receive prior
authorization of the member's commanding officer.
ARTICLE 1. COMMERCIAL DRIVER'S LICENSE.
§17E-1-9. Commercial driver license qualification standards.
(a) On or after the first day of July, one thousand ninehundred eighty-nine, the conversion process will phase out the
existing West Virginia chauffeur's license which shall expire by
the first day of April, one thousand nine hundred ninety-two. At
the expiration of a chauffeur's license between the first day of
July, one thousand nine hundred eighty-nine, and the first day of
April, one thousand nine hundred ninety-two, an individual must
either qualify for a commercial driver's license or renew with an
operator's license. Any one holding an operator's license on the
first day of July, one thousand nine hundred eighty-nine, who
either drives a commercial motor vehicle or expects to drive a
commercial motor vehicle must qualify for a commercial driver's
license by the first day of April, one thousand nine hundred
ninety-two.
Those who qualify for a commercial driver's license after
the first day of July, one thousand nine hundred eighty-nine,
will be issued a provisional commercial driver's license. The
provisional commercial driver's license will be valid until the
driver's history record has been checked and recorded with the
national commercial driver's license information system. If the
record checks indicate no disqualifying problem, the qualified
driver will be issued a full commercial driver's license at no
additional fee. All provisional commercial driver licenses will
expire no later than the first day of April, one thousand nine
hundred ninety-two.
(b)(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 federalstandards established by federal regulations enumerated in 49
C.F.R. part 383, sub-parts G and H, and has satisfied all other
requirements of the Federal Commercial Motor Vehicle Safety Act
in addition to other requirements imposed by state law or federal
regulations. The tests will be administered by civilian members
of the department division of public safety according to rules
promulgated by the commissioner.
(2)
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) the test is
the same which would otherwise be administered by the state and
(ii) the party has entered into an agreement with the state which
complies with the requirements of 49 C.F.R. party 383.75.
(3)
Indemnification of driver examiners.
-- No person who
has been officially trained and certified by the state as a
driver examiner, who administers any such driving test, and no
other person, firm or corporation by whom or with which such
person is employed or is in any way associated, may be criminally
liable for the administration of such 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) Monitoring of third party testing will be carried out by
the department of public safety according to rules promulgated by
the commissioner.
(c)
Waiver of skills test.
-- The commissioner may waive the
skills test specified in this section for a commercial driverlicense applicant who meets the requirements of 49 C.F.R. part
383.77 and those requirements specified by the commissioner.
(d)
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, which must be returned to the
issuing state(s) for cancellation.
(e)
Commercial driver's instruction permit.
-- (1) A
commercial driver's instruction permit may be issued to an
individual who holds a valid operator 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 license valid
for the type of vehicle driven 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 who is at least eighteen years of age and has held an
operator's or junior operator's license for at least two years.
(4) The applicant for a commercial driver's instruction permit
must also be otherwise qualified to hold a commercial driver'slicense.
In no case shall the terms of this section be interpreted as
prohibiting a West Virginia state trooper from conducting any
examination required by this section when sufficient civilian
members of the division are unavailable to conduct such tests.
Any such assignment of a trooper to conduct tests must receive
prior authorization of the member's commanding officer.