COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 262
(By Senators Craigo, Chernenko, Dittmar and Whitlow)
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[Originating in the Committee on Government Organization;
reported February /, 1994]
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A BILL to amend and reenact section twelve, article two, chapter
fifteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; to amend and reenact
sections seven, eight, nine and eleven, article two, chapter
seventeen-a of said code; to further amend said article by
adding thereto two new sections, designated sections seven-a
and twenty-three-a; to amend and reenact section four,
article three of said chapter; to amend and reenact sections
five, seven, seven-b, seven-c and fifteen, article two,
chapter seventeen-b; and to amend and reenact sections nine
and twenty-three, article one, chapter seventeen-e; all
relating to the powers and duties of the commissioner of the
division of motor vehicles generally; transferring certain
driver testing functions to the division of motor vehicles;
authorizing the commissioner to certify public and private
driver training programs to administer certain driver tests;
requiring the commissioner to organize the division as an
agency to provide service to the public; specifying certain
elements to be included in the organization of the division;
requiring the commissioner to streamline the functional
services of the division; specifying certain elements to be
included in the streamlined services; requiring the
establishment of branch offices; setting forth functions of
the central office; clarifying that the commissioner is
responsible for the acts or omissions of certain employees;
authorizing the commissioner to pay county sheriffs for
service of process; authorizing registered license service
businesses to provide full services; authorizing the
commissioner to give employment preference in branch offices
to certain employees of registered license service business;
and setting a minimum privilege tax.
Be it enacted by the Legislature of West Virginia:
That section twelve, article two, chapter fifteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; that sections seven, eight,
nine and eleven, article two, chapter seventeen-a of said code be
amended and reenacted; and that said article be further amended
by adding thereto two new sections, designated sections seven-a
and twenty-three-a; that section four, article three of said
chapter be amended and reenacted; that sections five, seven,
seven-b, seven-c and fifteen, article two, chapter seventeen-b be
amended and reenacted; and that sections nine and twenty-three,
article one, chapter seventeen-e be amended and reenacted, all to
read as follows:
CHAPTER 15. PUBLIC SAFETY.
ARTICLE 2. DIVISION OF PUBLIC SAFETY.
§15-2-12. Mission of the division; powers of superintendent,
officers and members; patrol of turnpike.
(a) The West Virginia division of public safety shall have
the mission of statewide enforcement of criminal and traffic laws
with emphasis on providing basic enforcement and citizen
protection from criminal depredation throughout the state and
maintaining the safety of the state's public streets, roads and
highways.
(b) The superintendent and each of the officers and members
of the division are hereby empowered:
(1) To make arrests anywhere within the state of any persons
charged with the violation of any law of this state, or of the
United States, and when a witness to the perpetration of any
offense or crime, or to the violation of any law of this state,
or of the United States, may arrest without warrant; to arrest
and detain any persons suspected of the commission of any felony
or misdemeanor whenever complaint is made and warrant is issued
thereon for such arrest, and any person so arrested shall be
forthwith brought before the proper tribunal for examination and
trial in the county where the offense for which any such arrest
has been made was committed;
(2) To serve criminal process issued by any court or
magistrate anywhere within this state (they shall not serve civil
process); and
(3) To cooperate with local authorities in detecting crime
and in apprehending any person or persons engaged in or suspected
of the commission of any crime, misdemeanor or offense against
the law of this state, or of the United States, or of any
ordinance of any municipality in this state; and to takeaffidavits in connection with any application to the division of
highways, division of motor vehicles and division of public
safety of West Virginia for any license, permit or certificate
that may be lawfully issued by these divisions of state
government.
(c) Members of the division of public safety are hereby
created forest patrolmen and game and fish wardens throughout the
state to do and perform any duties and exercise any powers of
such officers, and may apprehend and bring before any court or
magistrate having jurisdiction of such matters, anyone violating
any of the provisions of chapters twenty, sixty and sixty-one of
this code, and the division of public safety shall at any time be
subject to the call of the West Virginia alcohol beverage control
commissioner to aid in apprehending any person violating any of
the provisions of said chapter sixty of this code. They shall
serve and execute warrants for the arrest of any person and
warrants for the search of any premises issued by any properly
constituted authority, and shall exercise all of the powers
conferred by law upon a sheriff. They shall not serve any civil
process or exercise any of the powers of such officer in civil
matters.
(d) Any member of the division of public safety knowing or
having reason to believe that anyone has violated the law may
make complaint in writing before any court or officer having
jurisdiction and procure a warrant for such offender, execute the
same and bring such person before the proper tribunal having
jurisdiction. He shall make return on all such warrants to such
tribunals and his official title shall be "member of the divisionof public safety." Members of the division of public safety may
execute any summons or process issued by any tribunal having
jurisdiction requiring the attendance of any person as a witness
before such tribunal and make return thereon as provided by law,
and any return by a member of the division of public safety
showing the manner of executing such warrant or process shall
have the same force and effect as if made by a sheriff.
(e) Each member of the division of public safety, when
called by the sheriff of any county, or when the governor by
proclamation so directs, shall have full power and authority
within such county, or within the territory defined by the
governor, to direct and command absolutely the assistance of any
sheriff, deputy sheriff, chief of police, policeman, game and
fish warden, and peace officer of the state, or of any county or
municipality therein, or of any able-bodied citizen of the United
States, to assist and aid in accomplishing the purposes expressed
in this article. When so called, any officer or person shall,
during the time his assistance is required, be for all purposes
a member of the division of public safety and subject to all the
provisions of this article.
(f) The superintendent may also assign members of the
division to perform police duties on any turnpike or toll road,
or any section thereof, operated by the West Virginia parkways,
economic development and tourism authority: Provided, That such
authority shall reimburse the division of public safety for
salaries paid to such members, and shall either pay directly or
reimburse the division for all other expenses of such group of
members in accordance with actual or estimated costs determinedby the superintendent.
(g) The division of public safety may develop proposals for
a comprehensive county or multicounty plan on the implementation
of an enhanced emergency service telephone system and for causing
a public meeting on such proposals, all as set forth in section
six-a, article six, chapter twenty-four of this code.
(h) Until the first day of July, one thousand nine hundred
ninety-five, the superintendent may also assign members of the
division to administer tests for the issuance of commercial
drivers' licenses, operator and junior operator licenses as
provided for in section seven, article two, chapter seventeen-b
of this code: Provided, That the division of motor vehicles
shall reimburse the division of public safety for salaries and
employee benefits paid to such members, and shall either pay
directly or reimburse the division for all other expenses of such
group of members in accordance with actual costs determined by
the superintendent.
(i) The superintendent shall be reimbursed by the division
of motor vehicles for salaries and employee benefits paid to
members of the division of public safety, and shall either be
paid directly or reimbursed by the division of motor vehicles for
all other expenses of such group of members in accordance with
actual costs determined by the superintendent, for services
performed by such members relating to the duties and obligations
of the division of motor vehicles set forth in chapters
seventeen, seventeen-a, seventeen-b, seventeen-c and seventeen-d
of this code.
(j) By the first day of July, one thousand nine hundredninety-three, the superintendent shall establish a network to
implement reports of the disappearance of children by local law-
enforcement agencies to local school division superintendents and
the state registrar of vital statistics. The network shall be
designed to establish cooperative arrangements between local law-
enforcement agencies and local school divisions concerning
reports of missing children and notices to law-enforcement
agencies of requests for copies of the cumulative records and
birth certificates of missing children. The network shall also
establish a mechanism for reporting the identities of all missing
children to the state registrar of vital statistics.
(k) The superintendent may at his discretion and upon the
written request of the West Virginia alcohol beverage control
commissioner assist the commissioner in the coordination and
enforcement of the alcohol beverage control act and the general
law concerning nonintoxicating beer and wine.
(l) Notwithstanding the provisions of article one-a, chapter
twenty of this code, the superintendent of the division of public
safety may sell any surplus property to which the division of
public safety or its predecessors retain title, and deposit the
net proceeds into a special revenue account to be utilized for
the purchase of additional real property and for repairs to or
construction of detachment offices or other facilities required
by the division of public safety. There is hereby created a
special revolving fund in the state treasury which shall be
designated as the "surplus real property proceeds fund." The
fund shall consist of all money received from the sale of surplus
real property owned by the division of public safety. Moneysdeposited in the fund shall only be available for expenditure
upon appropriation by the Legislature: Provided, That amounts
collected which are found from time to time to exceed the funds
needed for the purposes set forth in this subsection may be
transferred to other accounts or funds and redesignated for other
purposes by appropriation of the Legislature.
CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION,
CERTIFICATE OF TITLE, AND ANTITHEFT PROVISIONS.
ARTICLE 2. DEPARTMENT OF MOTOR VEHICLES.
§17A-2-7. Commissioner of motor vehicles -- Organization of
department; assistants and employees.
(a) Subject to the provisions of subsection (c) of this
section, the commissioner shall organize the division in such
manner as he or she may deem necessary to properly segregate and
conduct the work of the division. The commissioner shall employ
qualified assistants and employees as may be necessary for the
efficient operation of the division. The duties and salaries of
assistants and employees shall be fixed by the commissioner, who
shall have authority to remove any assistant or employee at his
or her will and pleasure. The total compensation paid to
assistants and employees shall not exceed in any one year the
appropriation made by the Legislature for that purpose.
(b) The commissioner shall require every employee who
collects fees or handles funds or who has custody of equipment
and supplies belonging to the state to take the constitutional
oath and give an official bond, with corporate surety, properly
conditioned and in a sum to be fixed by the commissioner, which
bond shall be approved by him and filed in the office of thesecretary of state. The cost of such bond shall be borne by the
division as a part of the operating cost of the division.
(c) Effective the first day of July, one thousand nine
hundred ninety-four, and not later than the first day of July,
two thousand, the commissioner shall develop and implement the
following plan for the operation of the division. The plan shall
be known as the "DMV 2000 Rapid Service Center Plan" and shall
include all of the following elements:
(1) Organization of the division as an agency to serve the
public by:
(i) Establishing branch offices, known as "Rapid Service
Centers" strategically located, based on factors which provide
the public with the best access to service, including location in
population centers, commercial and business centers,
municipalities and/or in county seats to ensure that every
citizen of this state is within thirty minutes driving time from
a "Rapid Service Center" by the first day of July, two thousand;
(ii) Contracting with local governmental units for branch
offices by lease-purchase or purchase when appropriate state
owned facilities are not available in the county seat. If branch
offices are established by a lease-purchase agreement, the
contract shall ensure that the branch office and necessary real
property become property of the state within fifteen years;
(iii) Ensuring that all branch offices meet the same
standards with at least three thousand square feet, a drive-
through window service, sufficient parking spaces for at least
twenty motor vehicles and utilities necessary to provide full
service to the geographic area in which it is located;
(iv) Determining the feasibility of operating a mobile
office to provide service in remote areas of the state; and shall
report on the feasibility of operating a mobile office to the
Legislature on or before the first day of July, one thousand nine
hundred ninety-five;
(v) Developing an identifying logo or symbol for the
division to be attached to each branch office, operational unit,
divisional label, stationery, license, booklet, motor vehicle,
uniform and location to allow the public to easily identify a
division of motor vehicles operation; and
(vi) Exploring the feasibility of including a parking
building with a full service branch office to be located in the
city of Charleston on land now owned by the state near the
Capitol.
(2) Streamlining the functional services of the division by:
(i) Consolidating driver licensing, motor vehicle
registration, traffic violator and payment information on each
driver in one computer file with on-line access by each branch
office;
(ii) Cross-training all employees in the various employment
functions of the branch offices;
(iii) Changing driver's licenses to digital, bar coded
licenses with an instant quality photograph of each driver
affixed to each license;
(iv) Providing a driver improvement and counseling program
to be conducted by counsellors from the central office who travel
to each branch office on a regular alternating schedule and at
other times based on need;
(v) Providing local counseling for persons convicted of
driving under the influence of alcohol or other drug and assess
a fee as provided in section three, article five-a of this
chapter for the service;
(vi) Expanding the special registration license plate
program;
(vii) Allowing the public to register motor vehicles for
two-year periods;
(viii) Implementing a divisional auditing and evaluation
unit to ensure collection and handling of fees, fines and
revenue;
(ix) Allowing motor vehicle dealers who sell new motor
vehicles to issue motor vehicle registration cards and
registration plates at the dealership by establishing a trust
fund in a financial institution in this state to be used by the
motor vehicle dealer to immediately deposit state taxes and fees
collected from the sale of a motor vehicle and the issuance of
registration cards and registration plates and ensuring that the
division may electronically transfer the balance of the trust
account to the state treasury on a daily basis: Provided, That
the commissioner shall require every motor vehicle dealer who
participates in the issuance of licenses to file in the office of
the secretary of state a corporate surety bond in the sum as
approved by the commissioner conditioned for the faithful and
honest conduct of business by the motor vehicle dealer, which
surety bond must be written by a company recognized and approved
by the insurance commissioner of the state and approved by the
attorney general of the state with respect to its form, manner ofexecution and sufficiency;
(x) Developing a computer system in cooperation with motor
vehicle dealers to permit motor vehicle dealers to title motor
vehicles in this state and deposit taxes and fees into the trust
account established for the deposit of taxes and fees collected
by the dealers for issuing registration cards and registration
plates;
(xi) Allowing recreational vehicle owners to renew
recreational vehicle registration cards and registration plates
on a staggered basis throughout each calendar year; and
(xii) Maintaining normal weekday office hours and office
hours at least one-half day on Saturdays and on at least one
weekday evening.
§17A-2-7a. Motor vehicles employees to conduct driver testing.
Effective the first day of July, one thousand nine hundred
ninety-five, civilian employees of the division of public safety
assigned to administer tests for the issuance of commercial
drivers' licenses, operator and junior operator licenses as
provided for in section twelve, article two, chapter fifteen of
this code shall be transferred to and shall become a part of the
division of motor vehicles. In addition, on the effective date
of this section, the commissioner of motor vehicles shall
implement a program to certify private and public school driver
training programs to administer tests for the issuance of
operator and junior operator licenses.
§17A-2-8. Commissioner of motor vehicles -- Office.
The commissioner shall maintain a central office in one of
the state capitol buildings. The commissioner shall keep thecentral office open at all reasonable times for the transaction
of public business. Effective with the completion of all the
branch offices as provided in section seven of this article, but
not later than the first day of July, two thousand, the central
office shall house the records of the division, the
administrative and technical staff of the division and the
centralized computer operations of the division. Other functions
of the division shall be located in the branch offices.
§17A-2-9. Same -- Powers and duties; rules and regulations;
seal.
(a) The commissioner is hereby vested with and is charged
with the duty of observing, administering and enforcing the
provisions of this chapter and of all laws the enforcement of
which is now or hereafter vested in the department: Provided,
however, That nothing in this chapter shall deprive the public
service commission of West Virginia of any of the duties or
powers now vested in it with regard to the regulation of motor
vehicle carriers.
(b) The commissioner is hereby authorized to adopt and
enforce such rules and regulations as may be necessary to carry
out the provisions of this chapter and any other laws the
enforcement and administration of which are vested in the
department.
(c) The commissioner may adopt an official seal for the use
of the division.
(d) The commissioner shall allow any license service
business provided for in article six-b of this chapter to provide
full licensing services with on-line access to the division'scomputer system, if the licensing service business: (1) Provides
an additional bond in an amount determined to be sufficient by
the commissioner; (2) pays a fee; and (3) places all fees, moneys
and taxes collected each day in a trust fund established in a
bank or other regulated institution which allows the commissioner
access to withdraw all moneys in the trust fund at the end of the
business day. The commissioner shall promulgate necessary rules
to implement the provisions of this subsection. A license
service business may not be authorized or operated in lieu of a
rapid service center.
(e) The commissioner shall give preference to employing
people in the branch offices who have at least five continuous
years of employment with a registered license service business in
this state when employing people in branch offices.
§17A-2-11. Commissioner of motor vehicles -- Delegation of powers
and duties.
All powers and duties vested in the commissioner, except the
power to sign contracts and make rules and regulations, may be
exercised by the appointees or employees of the commissioner,
under his or her direction. The commissioner is responsible for
the acts or omissions of employees who have been delegated power
and authority by the commissioner.
§17A-2-23a. Commissioner of motor vehicles authorized to pay
county sheriff for service of process.
Notwithstanding any other provision of this code to the
contrary, when service of process is necessary to enforce the
provisions of this chapter, chapter seventeen-b, chapter
seventeen-c, chapter seventeen-d and chapter seventeen-e of thiscode, or when it is necessary to provide for the collection of
worthless or bad checks tendered to the commissioner for the
payment of fees and taxes, the commissioner may enlist the
assistance of county sheriffs to serve the necessary legal
documents and assist in the collection of fees and fines
resulting from the issuance of worthless or bad checks, the
commissioner shall pay county sheriffs a fee of twenty dollars
for each service of process performed and each collection made by
the sheriff or by his or her deputies.
ARTICLE 3. ORIGINAL AND RENEWAL OF REGISTRATION; ISSUANCE OF
CERTIFICATES OF TITLE.
§17A-3-4. Application for certificate of title; tax for
privilege of certification of title; penalty for false
swearing.
(a) Certificates of registration of any vehicle or
registration plates therefor, whether original issues or
duplicates, shall not be issued or furnished by the division of
motor vehicles or any other officer charged with the duty, unless
the applicant therefor already has received, or at the same time
makes application for and is granted, an official certificate of
title of the vehicle. The application shall be upon a blank form
to be furnished by the division of motor vehicles and shall
contain a full description of the vehicle, which description
shall contain a manufacturer's serial or identification number or
other number as determined by the commissioner and any
distinguishing marks, together with a statement of the
applicant's title and of any liens or encumbrances upon the
vehicle, the names and addresses of the holders of the liens andany other information as the division of motor vehicles may
require. The application shall be signed and sworn to by the
applicant.
(b) A tax is hereby imposed upon the privilege of effecting
the certification of title of each vehicle either in the amount
equal to five percent of the value of the motor vehicle at the
time of the certification or twenty dollars, whichever is the
greater amount. If the vehicle is new, the actual purchase price
or consideration to the purchaser thereof is the value of the
vehicle; if the vehicle is a used or secondhand vehicle, the
present market value at time of transfer or purchase is the value
thereof for the purposes of this section: Provided, That so much
of the purchase price or consideration as is represented by the
exchange of other vehicles on which the tax imposed by this
section has been paid by the purchaser shall be deducted from the
total actual price or consideration paid for the vehicle, whether
the same be new or secondhand; if the vehicle is acquired through
gift, or by any manner whatsoever, unless specifically exempted
in this section, the present market value of the vehicle at the
time of the gift or transfer is the value thereof for the
purposes of this section. No certificate of title for any
vehicle shall be issued to any applicant unless the applicant has
paid to the division of motor vehicles the tax imposed by this
section which is the greater amount of either twenty dollars or
five percent of the true and actual value of the vehicle whether
the vehicle is acquired through purchase, by gift or by any other
manner whatsoever except gifts between husband and wife or
between parents and children shall be taxed at twenty dollars: Provided, however, That the husband or wife, or the parents or
children previously have paid the tax on the vehicles transferred
to the state of West Virginia: Provided further, That the
division of motor vehicles may issue a certificate of
registration and title to an applicant if the applicant provides
sufficient proof to the division of motor vehicles that the
applicant has paid the taxes and fees required by this section to
a motor vehicle dealership that has gone out of business or has
filed bankruptcy proceedings in the United States bankruptcy
court and the taxes and fees so required to be paid by the
applicant have not been sent to the division by the motor vehicle
dealership or have been impounded due to the bankruptcy
proceedings: And Provided further, That the applicant makes an
affidavit of the same and assigns all rights to claims for money
the applicant may have against the motor vehicle dealership to
the division of motor vehicles: And Provided further, That the
division of motor vehicles shall issue a certificate of
registration and title to an applicant without payment of the tax
imposed by this section if the applicant is a corporation,
partnership or limited liability company transferring the vehicle
to another corporation, partnership or limited liability company
when the entities involved in the transfer are members of the
same controlled group and the transferring entity has previously
paid the tax on the vehicle transferred. For the purposes of
this section, control means ownership, directly or indirectly, of
stock or equity interests possessing fifty percent or more of the
total combined voting power of all classes of the stock of a
corporation or equity interests of a partnership or limitedliability company entitled to vote or ownership, directly or
indirectly, of stock or equity interests possessing fifty percent
or more of the value of the corporation, partnership or limited
liability company.
The tax imposed by this section does not apply to vehicles
to be registered as Class H vehicles, or Class S vehicles, as
defined in section one, article ten of this chapter, which are
used or to be used in interstate commerce. Nor does the tax
imposed by this section apply to the titling of Class B, Class K
or Class E vehicles registered at a gross weight of fifty-five
thousand pounds or more, or to the titling of Class C or Class L
semitrailers, full trailers, pole trailers, and converter gear:
Provided, That if an owner of a vehicle has previously titled the
vehicle at a declared gross weight of fifty-five thousand pounds
or more and the title was issued without the payment of the tax
imposed by this section, then before the owner may obtain
registration for the vehicle at a gross weight less than fifty-
five thousand pounds, the owner must surrender to the
commissioner the exempted registration, the exempted certificate
of title, and pay the tax imposed by this section based upon the
current market value of the vehicle: Provided, however, That
notwithstanding the provisions of section nine, article fifteen,
chapter eleven of this code, the exemption from tax under this
section for Class B, Class K or Class E vehicles in excess of
fifty-five thousand pounds and Class C or Class L semitrailers,
full trailers, pole trailers and converter gear shall not subject
the sale or purchase of the vehicles to the consumers sales tax.
The tax imposed by this section does not apply to titling ofvehicles by a registered dealer of this state for resale only,
nor does the tax imposed by this section apply to titling of
vehicles by this state or any political subdivision thereof, or
by any volunteer fire department or duly chartered rescue or
ambulance squad organized and incorporated under the laws of the
state of West Virginia as a nonprofit corporation for protection
of life or property. The total amount of revenue collected by
reason of this tax shall be paid into the state road fund and
expended by the commissioner of highways for matching federal
funds allocated for West Virginia. In addition to the tax, there
is a charge of five dollars for each original certificate of
title or duplicate certificate of title so issued: Provided
further, That this state or any political subdivision thereof, or
any volunteer fire department, or duly chartered rescue squad, is
exempt from payment of the charge.
The certificate is good for the life of the vehicle, so long
as the same is owned or held by the original holder of the
certificate, and need not be renewed annually, or any other time,
except as provided in this section.
If, by will or direct inheritance, a person becomes the
owner of a motor vehicle and the tax imposed by this section
previously has been paid, to the division of motor vehicles, on
that vehicle, he or she is not required to pay the tax.
A person who has paid the tax imposed by this section is not
required to pay the tax a second time for the same motor vehicle,
but is required to pay a charge of five dollars for the
certificate of retitle of that motor vehicle, except that the tax
shall be paid by the person when the title to the vehicle hasbeen transferred either in this or another state from such person
to another person and transferred back to such person.
(c) Notwithstanding any provisions of this code to the
contrary, the owners of trailers, semitrailers, recreational
vehicles and other vehicles not subject to the certificate of
title tax prior to the enactment of this chapter are subject to
the privilege tax imposed by this section: Provided, That the
certification of title of any recreational vehicle owned by the
applicant on the thirtieth day of June, one thousand nine hundred
eighty-nine, is not subject to the tax imposed by this section:
Provided, however, That mobile homes, house trailers, modular
homes and similar nonmotive propelled vehicles, except
recreational vehicles, susceptible of being moved upon the
highways but primarily designed for habitation and occupancy,
rather than for transporting persons or property, or any vehicle
operated on a nonprofit basis and used exclusively for the
transportation of mentally retarded or physically handicapped
children when the application for certificate of registration
for the vehicle is accompanied by an affidavit stating that the
vehicle will be operated on a nonprofit basis and used
exclusively for the transportation of mentally retarded and
physically handicapped children, are not subject to the tax
imposed by this section, but are taxable under the provisions of
articles fifteen and fifteen-a, chapter eleven of this code.
(d) Any person making any affidavit required under any
provision of this section, who knowingly swears falsely, or any
person who counsels, advises, aids or abets another in the
commission of false swearing, is on the first offense guilty ofa misdemeanor, and, upon conviction thereof, shall be fined not
more than five hundred dollars or be imprisoned in the county
jail for a period not to exceed six months, or, in the discretion
of the court, both fined and imprisoned. For a second or any
subsequent conviction within five years, that person is guilty of
a felony, and, upon conviction thereof, shall be fined not more
than five thousand dollars or be imprisoned in the penitentiary
for not less than one year nor more than five years or, in the
discretion of the court, fined and imprisoned.
(e) Notwithstanding any other provisions of this section,
any person in the military stationed outside West Virginia, or
his or her dependents who possess a motor vehicle with valid
registration, are exempt from the provisions of this article for
a period of nine months from the date that that person returns to
this state or the date his or her dependent returns to this
state, whichever is later.
CHAPTER 17B. MOTOR VEHICLE OPERATORS' AND CHAUFFERURS' LICENSES
§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 its
discretion, after the applicant has appeared before the division
of motor vehicles or authorized agent 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 immediatepossession 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 to
be appropriated to the department 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 motor vehicles or authorized
agent and successfully passed all parts of the motorcycleexamination 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.
§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, the division of motor vehicles or authorized agent
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 theinfluence 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 deems
necessary to determine the applicant's fitness to operate a motor
vehicle safely upon the highways.
(b) The commissioner 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 the division of motor vehicles
or authorized agent 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 motor vehicle while under the influence of alcohol.
§17B-2-7b. Separate examination and endorsement for a license
valid for operation of motorcycle.
The division of motor vehicles or authorized agent 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'sknowledge 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 in
this 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.
§17B-2-7c. Motorcycle license examination fund.
There is hereby created a special revolving fund in the
state treasury which shall be designated as the "motorcycle
license examination fund". The fund shall consist of all moneys
received from fees collected for motorcycle instruction permits
under this article and any other moneys specifically allocated to
the fund. The fund shall not be treated by the auditor or
treasurer as part of the general revenue of the state. The fund
shall be a special revolving fund to be used and paid out upon
order of the commissioner of the division of motor vehicles
solely for the purposes specified in this article.
The fund shall be used by the division of motor vehicles to
defray the costs of implementing and administering a special
motorcycle license examination, including a motorcycle driving
test.
§17B-2-15. Authority for regulations.
(a) The commissioner of the division of motor vehicles is
authorized to promulgate such legislative rules as are necessary
to carry out the license and endorsement provisions of this
chapter and the provisions regarding motor vehicle registration
in accordance with the provisions of chapter twenty-nine-a of
this code.
(b) The commissioner is further authorized to promulgate
such legislative rules as are necessary to carry out the
provisions relating to the issuance of an instruction permit and
conducting the license qualifying examinations provided for in
this chapter in accordance with the provisions of chapter
twenty-nine-a of this code.
CHAPTER 17E. UNIFORM COMMERCIAL DRIVER'S LICENSE ACT.
§17E-1-9. Commercial driver license qualification standards.
(a) On or after the first day of July, one thousand nine
hundred 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 commercialdriver'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, 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 the division of
motor vehicles or authorized agent 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 division of motor vehicles according to rules promulgated bythe commissioner.
(c) 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.
(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 anoperator'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's
license.
§17E-1-23. Funding for the commercial driver's license fees.
Each application for a commercial driver's license shall be
accompanied by the fees hereafter provided and such fees shall be
deposited in a special revolving fund for the operation by the
department of its functions established by this chapter.
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 of motor
vehicles. The commissioner of motor vehicles is authorized and
directed to transfer into a special revolving fund such amounts
determined by the commissioner as necessary to administer its
responsibilities under this article.