H. B. 2674
(By Delegate Love, By Request)
[Introduced January 10, 1996; referred to the
Committee on Roads and Transportation then Finance.]
A BILL to amend and reenact section seven, article two, chapter
seventeen-b of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to providing that
trained civilians and not the members of the West Virginia
state police shall administer the drivers' license
examinations.
Be it enacted by the Legislature of West Virginia:
That section seven, article two, chapter seventeen-b of the
code of West Virginia, one thousand nine hundred thirty-one, 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) The commissioner and the superintendent of the division
of public safety shall establish a program to employ and train
civilian driving and motorcycle instructors to carry out the examination of drivers' license and motorcycle license
applicants, and shall not use any members of the West Virginia
state police for this purpose.
(a) (b) 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 public safety 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 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) (c) 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 applicants, and the examination of applicants by the
division of public safety shall be in accordance with such 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) (d) After successful completion of the examination
required by this section 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 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
utilize as lecturers at such 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 provide that civilians and not members of the West Virginia state police shall
administer drivers' license tests.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.