H. B. 4042
(By Delegates Ennis and Givens)
[Introduced January 11, 1996; referred to the
Committee on Roads and Transportation.]
A BILL to amend and reenact section one, article two, chapter
seventeen-b of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to issuance of
motor vehicles drivers' license; requiring licensing of
drivers; specifying types of licenses; specifying that
drivers need not obtain local government licenses; setting
forth requirements for motorcycle drivers' licenses;
providing for issuance of nonoperator identification cards;
and requiring licenses for persons driving motor vehicles or
motorcycles on public or private streets and highways.
Be it enacted by the Legislature of West Virginia:
That section one, 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-2-1. Drivers must be licensed; types of licenses; licensees
need not obtain local government license; motorcycle
driver license; identification cards.
(a) No person, except those hereinafter expressly exempted,
may drive any motor vehicle upon a public or private street or
highway in this state or upon any subdivision street, as used in
article twenty-four, chapter eight of this code, when the use of
such subdivision street is generally used by the public unless
the person has a valid driver's license under the provisions of
this code for the type or class of vehicle being driven.
Any person licensed to operate a motor vehicle as provided
in this code may exercise the privilege thereby granted as
provided in this code and, except as otherwise provided by law,
shall may not be required to obtain any other license to exercise
such privilege by any county, municipality or local board or body
having authority to adopt local police regulations.
(b) The division, upon issuing a driver's license, shall
indicate on the license the type or general class or classes of
vehicle or vehicles the licensee may operate in accordance with
the provisions of this code, federal law or rule.
(c) Driver's licenses issued by the division shall be
classified in the following manner:
(1) Class A, B or C license shall be issued to those persons
eighteen years of age or older with two years years' driving experience and who have qualified for the commercial driver's
license established by chapter seventeen-e of this code and the
federal Commercial Motor Vehicle Safety Act of 1986, Title XII of
public law 99870 99-570 and subsequent rules, and have paid the
required fee.
(2) Class D license shall be issued to those persons
eighteen years and older with one year year's driving experience
who operate motor vehicles other than those types of vehicles
which require the operator to be licensed under the provisions of
chapter seventeen-e of this code and federal law and rule and
whose primary function or employment is the transportation of
persons or property for compensation or wages and have paid the
required fee. For the purposes of the regulation of the
operation of a motor vehicle, wherever the term chauffeur's
license is used in this code, it shall be construed to mean the
Class A, B, C or D license described in this section or chapter
seventeen-e of this code or federal law or rule: Provided, That
anyone who is not required to be licensed under the provisions of
chapter seventeen-e of this code and federal law or rule and who
operates a motor vehicle which is registered or which is required
to be registered as a Class A motor vehicle as that term is
defined in section three, article ten, chapter seventeen-a of
this code with a gross vehicle weight rating of less than eight
thousand one pounds, is not required to obtain a Class D license.
(3) Class E license shall be issued to those persons who
have qualified under the provisions of this chapter and who are
not required to obtain a Class A, B, C or D license and who have
paid the required fee. The Class E license may be endorsed under
the provisions of section seven-b of this article for motorcycle
operation.
(4) Class F license shall be issued to those persons who
successfully complete the motorcycle examination procedure
provided for by this chapter and have paid the required fee, but
who do not possess a Class A, B, C and D or E driver's license.
(d) No person, except those hereinafter expressly exempted,
shall may drive any motorcycle upon a public or private street or
highway in this state or upon any subdivision street, as used in
article twenty-four, chapter eight of this code, when the use of
such subdivision street is generally used by the public unless
the person has a valid motorcycle license or a valid license
which has been endorsed under section seven-b of this article for
motorcycle operation or has a valid motorcycle instruction
permit.
(e) (1) A nonoperator identification card may be issued to
any person who:
(A) Is a resident of this state in accordance with the
provisions of section one-a, article three, chapter seventeen-a
of this code;
(B) Does not have a valid driver's license;
(C) Has reached the age of sixteen years;
(D) Has paid the required fee of ten dollars: Provided,
That such fee is not required if the applicant is sixty-five
years or older or is legally blind; and
(E) Presents a birth certificate or other proof of age and
identity acceptable to the division with a completed application
on a form furnished by the division.
(2) The nondriver identification card shall contain the same
information as a driver's license except that such identification
card shall be clearly marked as identification card. The
identification card shall expire every four years. It may be
renewed on application and payment of the fee required by this
section.
(A) After the thirtieth day of June, one thousand nine
hundred ninety-six, every identification card issued to persons
who have attained their twenty-first birthday shall expire on the
last day of the month in which the applicant's birthday occurs in
those years in which the applicant's age is evenly divisible by
five. Except as provided in paragraph (B) of this subdivision,
no identification card may be issued for less than three years
nor more than seven years and such identification card shall be
renewed in the month in which the applicant's birthday occurs and
shall be valid for a period of five years expiring in the month in which the applicant's birthday occurs and in a year in which
the applicant's age is evenly divisible by five.
(B) Every identification card issued to persons who have not
attained their twenty-first birthday shall expire on the last day
of the month in the year in which the applicant attains the age
of twenty-one years.
(3) The identification card shall be surrendered to the
division when the holder is issued a driver's license. The
division may issue an identification card to an applicant whose
privilege to operate a motor vehicle has been refused, canceled,
suspended or revoked under the provisions of this code.
NOTE: The purpose of this bill is to require persons
driving motor vehicles or motorcycles upon all public or private
streets and highways in this state to have valid drivers'
licenses.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.