H. B. 2207
(By Delegates Warner and Preece)
[Introduced Janaury 24, 1995; referred to the
Committee on Roads and Transportation then Finance.]
A BILL to amend and reenact sections eight and twelve, article
two, chapter seventeen-b; and section twelve, article one,
chapter seventeen-e of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, all relating
to changing the driver's license renewal cycle to five years
with each license expiring in the birth month of the
Be it enacted by the Legislature of West Virginia:
That sections eight and twelve, article two, chapter
seventeen-b; and section twelve, article one, chapter seventeen-e
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as
ARTICLE 2. ISSUANCE OF LICENSE, EXPIRATION AND RENEWAL.
§17B-2-8. Issuance and contents of licenses; fees.
(1) The division shall, upon payment of the required fee,
issue to every applicant qualifying therefor a driver's license,
which shall indicate the type or general class or classes of
vehicle or vehicles the licensee may operate in accordance with
this chapter, or chapter seventeen-e of this code, or
motorcycle-only license. Each license shall contain a coded
number assigned to the licensee, the full name, date of birth,
residence address, a brief description and a color photograph of
the licensee and either a facsimile of the signature of the
licensee or a space upon which the signature of the licensee
shall be written with pen and ink immediately upon receipt of the
license. No license shall be valid until it has been so signed
by the licensee: Provided, That the commissioner may issue a
valid without-photo license for applicants temporarily out of
state. A driver's license which is valid for operation of a
motorcycle shall contain a motorcycle endorsement. The division shall use such process or processes in the issuance of licenses
that will, insofar as possible, prevent any alteration,
counterfeiting, duplication, reproduction, forging or
modification of, or the superimposition of a photograph on, such
(2) The fee for the issuance of a Class E driver's license
shall, effective the first day July, one thousand nine hundred
ten dollars and fifty cents two dollars and fifty
cents per year. The fee for issuance of a Class D driver's
license shall be twenty-five dollars and fifty cents six dollars
and twenty-five cents per year. An additional fifty cents shall
be of each such fee collected from the applicant at the time of
original issuance or renewal which shall be deposited in the
"combined voter registration and driver's licensing fund",
established pursuant to the provisions of section twenty-two-a,
article two, chapter three of this code. The one-time only
additional fee for adding a motorcycle endorsement to a driver's
license shall be five dollars. The fee for issuance of a motorcycle-only license shall be ten dollars two dollars and
fifty cents per year. The fees for the motorcycle endorsement or
motorcycle-only license shall be paid into a special fund in the
state treasury known as the motorcycle safety fund as established
in section seven, article one-d of this chapter.
§17B-2-12. Expiration of licenses; renewal; renewal fees.
(a) Every driver's license shall after the first day of
July, one thousand nine hundred ninety-six, notwithstanding any
other provision to the contrary expire
four years from the date
of its issuance on the last day of the month of birth of the
applicant, in years in which the applicant attains an age equally
divisible by five. At no time shall any driver's license be
issued for less than three nor more than seven years. Thereafter
the driver's license shall be renewed in the birthday month of
the licensee and shall be valid for five years, expiring in the
next year in which the licensee's age is equally divisible by
five, except that the driver's license of any person in the armed
forces shall be extended for a period of six months from the date
the person is separated under honorable circumstances from active duty in the armed forces.
(b) A person who allows such person's driver's license to
expire may apply to the division for renewal thereof.
Application shall be made upon a form furnished by the division
and shall be accompanied by payment of the fee required by
section eight of this article plus an additional fee of five
dollars. The commissioner shall determine whether such person
qualifies for a renewed license and may, in the commissioner's
discretion, renew any expired license without examination of the
(c) Each renewal of a driver's license shall contain a new
color photograph of the licensee. By first class mail to the
address last known to the division, the commissioner shall notify
each person who holds a valid driver's license of the expiration
date of the license. The notice shall be mailed at least thirty
days prior to the expiration date of the license and shall
include a renewal application form.
ARTICLE 1. COMMERCIAL DRIVER'S LICENSE.
§17E-1-12. Classifications, endorsements and restrictions.
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
(A) Class A - 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(s) being towed is in excess of ten thousand pounds.
(B) Class B - Any single vehicle with a gross vehicle weight
rating of twenty-six thousand one pounds or more, and any such
vehicle towing a vehicle not in excess of ten thousand pounds.
(C) Class C - Any single vehicle or combination vehicle with
a gross vehicle weight rating of less than twenty-six thousand
one pounds or any such vehicle towing a vehicle with a gross vehicle weight rating not in excess of ten thousand pounds
(i) Vehicles designed to transport sixteen or more
passengers, including the driver; and
(ii) Vehicles used in the transportation of hazardous
materials which requires the vehicle to be placarded under 49
C.F.R., part 172, sub-part F.
(2) Endorsements and restrictions:
The commissioner upon issuing a commercial driver's license
shall have the authority to impose such endorsements or
restrictions as the commissioner may determine to be appropriate
to assure the safe operation of a motor vehicle, and to comply
with the Federal Motor Vehicle Act of 1986 and Federal Rules
implementing such act.
(3) Applicant record check. -- Before issuing a commercial
driver's license, the commissioner must 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.
(4) 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.
(5) Expiration of license. -- The commercial driver's
license shall expire
four years from date of issuance on the last
day of the month of birth of the applicant, in years in which the
applicant attains an age equally divisible by five. At no time
shall any driver's license be issued for less than three nor more
than seven years. Thereafter, the driver's license shall be
renewed in the birthday month of the licensee and shall be valid
for five years, expiring in the next year in which the licensee's
age is equally divisible by five.
Commercial driver's licenses held by any person in the armed
forces which expire while that person is on active duty shall
remain valid for thirty days from the date on which that person reestablishes residence in West Virginia.
Any person applying to renew a commercial driver's license
which has been expired for two years or more must follow the
procedures for an initial issuance of a commercial driver's
license, including the testing provisions.
(6) License renewal procedures. -- When applying for renewal
of a commercial driver's license, the applicant must complete the
application form, and provide updated information and required
certifications. If the applicant wishes to retain a hazardous
materials endorsement, the written test for a hazardous materials
endorsement must be taken and passed.
NOTE: The purpose of this bill is to change the driver's
license renewal cycle from four years to five years with each
license expiring in the birth month of the licensee.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.