H. B. 2503


(By Delegates Prezioso and Stewart)
[Introduced March 8, 1993; referred to the
Committee on Education then Finance.]




A BILL to amend chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article six-a, relating to the creation of a cooperative driver license waiver program for high school students.

Be it enacted by the Legislature of West Virginia:
That chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article six-a, to read as follows:
ARTICLE 6A. COOPERATIVE DRIVER LICENSE WAIVER PROGRAM.

§18-6A-1. Purpose.

The West Virginia division of public safety in cooperation with the division of motor vehicles and West Virginia board of education, may exempt from a facility administered road test students who have completed an accredited high school driver education course with a laboratory final grade of a "B" averageor better. Students scoring "C" or less on the laboratory final grade are required to take the road test.
§18-6A-2. Cooperative waiver program.

(a) The cooperative waiver program is strictly on a school voluntary basis and is concerned with the driver road skill test only. The permit test shall continue to be administered by the division of public safety.
(b) All driver education instructors electing to participate in the voluntary waiver program must:
(i) Be fully approved in accordance with section two of West Virginia Driver Education Policy 2422.2 and State School Law 18- 6-3(a); and
(ii) Attend an in-service program conducted and fully controlled by the division of public safety at the annual WVSDEA conference.
(c) Instructors involved in this program are immune from any liability.
§18-6A-3. List of names; certified and submitted.

(a) At the completion of the course, high schools involved in the cooperative waiver program shall send a list of names to local state police detachments in their county and the state board of education, of those students who have successfully completed the requirements of the waiver program. The list shall be sent on a school letterhead with school seal and signed by the principal and driver education instructor.
(b) The list of names shall certify that those high schoolstudents have received a "B" average or better in the laboratory phase of their driver education program and will receive a green I-DE-4 card as opposed to the traditional pink card.
(c) Students who have obtained the green card must present this card to the state police detachment. The division of public safety may waive the road test and grant the student a license application.
(d) The division of public safety may reserve the right to test those students with the green card and spot check any student receiving a waiver at any time up to the age of eighteen years.
§18-6A-4. Cooperation of departments.

The division of public safety, the division of motor vehicles and the state board of education shall cooperate in the development of this driver license waiver program and are authorized to promulgate all rules necessary for the operation of the program.



NOTE: The purpose of this bill is to permit the waiver of driving ability for high school students applying for a drivers license, if the student has completed a high school accredited driver education course with a laboratory final grade average of "B" or better. The division of public safety, motor vehicles and state board of education are to work together in developing this waiver program.

This article is new; therefore, strike-throughs and underscoring have been omitted.