Senate Bill No. 401
(By Senators Wiedebusch and Bowman)
____________
[Introduced February 15, 1996; referred to the Committee
on Transportation; and then to the Committee on Finance
.]
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A BILL to amend and reenact section one, article two, chapter
five-f of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; to amend and reenact section
thirteen, article sixteen-a, chapter seventeen of said code;
to amend and reenact section ten, article four, chapter
seventeen-a of said code; to amend and reenact sections two,
five and seven, article one-d, chapter seventeen-b of said
code; to amend and reenact sections one and seven-b, article
two of said chapter; to amend and reenact section forty-
four, article fifteen, chapter seventeen-c of said code; and
to amend and reenact section three, article six, chapter
eighteen of said code, all relating to motorcycles; transferring to the division of motor vehicles the
administration duties related to motorcycles; removing tolls
for motorcycles on the West Virginia turnpike; treating car
and motorcycle salvage circumstances the same; revitalizing
the coordinator's position with training requirements;
requiring the division of motor vehicles to provide the
motorcycle training courses; prohibiting moneys in the
motorcycle safety fund from being used to defray the cost of
implementing and administering the motorcycle driver
licensing program; guaranteeing access to written and
driving examinations to potential motorcycle license
applicants; guaranteeing test course size is suitable for
full size motorcycles; creating a motorcycle safety and
education committee; allowing rearview mirror to be attached
to fairings; and compelling motorcycle safety awareness
training in drivers' education.
Be it enacted by the Legislature of West Virginia:
That section one, article two, chapter five-f of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted; that section thirteen, article sixteen-
a, chapter seventeen of said code be amended and reenacted; that section ten, article four, chapter seventeen-a of said code be
amended and reenacted; that sections two, five and seven, article
one-d, chapter seventeen-b of said code be amended and reenacted;
that sections one and seven-b, article two of said chapter be
amended and reenacted; that section forty-four, article fifteen,
chapter seventeen-c of said code be amended and reenacted; and
that section three, article six, chapter eighteen of said code be
amended and reenacted, all to read as follows:
CHAPTER 5F. REORGANIZATION OF THE EXECUTIVE BRANCH
OF STATE GOVERNMENT.
ARTICLE 2. TRANSFER OF AGENCIES AND BOARDS.
§5F-2-1. Transfer and incorporation of agencies and boards;
funds.
(a) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any such agency or board, are hereby transferred
to and incorporated in and shall be administered as a part of the
department of administration:
(1) Building commission provided for in article six, chapter
five of this code;
(2) Public employees insurance agency and public employees
insurance agency advisory board provided for in article sixteen, chapter five of this code;
(3) Council of finance and administration provided for in
article one, chapter five-a of this code;
(4) Employee suggestion award board provided for in article
one-a, chapter five-a of this code;
(5) Governor's mansion advisory committee provided for in
article five, chapter five-a of this code;
(6) Commission on uniform state laws provided for in article
one-a, chapter twenty-nine of this code;
(7) Education and state employees grievance board provided
for in article twenty-nine, chapter eighteen of this code and
article six-a, chapter twenty-nine of this code;
(8) Board of risk and insurance management provided for in
article twelve, chapter twenty-nine of this code;
(9) Boundary commission provided for in article twenty-
three, chapter twenty-nine of this code;
(10) Public defender services provided for in article
twenty-one, chapter twenty-nine of this code;
(11) Division of personnel provided for in article six,
chapter twenty-nine of this code;
(12) The West Virginia ethics commission provided for in article two, chapter six-b of this code;
(13) Consolidated public retirement board provided for in
article ten-d, chapter five of this code; and
(14) The child support enforcement division designated in
chapter forty-eight-a of this code.
(b) The department of commerce, labor and environmental
resources and the office of secretary of the department of
commerce, labor and environmental resources are hereby abolished.
For purposes of administrative support and liaison with the
office of the governor, the following agencies and boards,
including all allied, advisory and affiliated entities shall be
grouped under three bureaus as follows:
(1) Bureau of commerce:
(A) Division of labor provided for in article one, chapter
twenty-one of this code, which shall include:
(i) Occupational safety and health review commission
provided for in article three-a, chapter twenty-one of this code;
and
(ii) Board of manufactured housing construction and safety
provided for in article nine, chapter twenty-one of this code;
(B) Office of miners' health, safety and training provided for in article one, chapter twenty-two-a of this code. The
following boards are transferred to the office of miners' health,
safety and training for purposes of administrative support and
liaison with the office of the governor:
(i) Board of coal mine health and safety and coal mine
safety and technical review committee provided for in article
six, chapter twenty-two-a of this code;
(ii) Board of miner training, education and certification
provided for in article seven, chapter twenty-two-a of this code;
and
(iii) Mine inspectors' examining board provided for in
article nine, chapter twenty-two-a of this code;
(C) The West Virginia development office provided for in
article two, chapter five-b of this code, which shall include:
(i) Enterprise zone authority provided for in article two-b,
chapter five-b of this code; and
(ii) Economic development authority provided for in article
fifteen, chapter thirty-one of this code;
(D) Division of natural resources and natural resources
commission provided for in article one, chapter twenty of this
code. The Blennerhassett historical state park provided for in article eight, chapter twenty-nine of this code shall be under
the division of natural resources;
(E) Division of forestry provided for in article one-a,
chapter nineteen of this code;
(F) Geological and economic survey provided for in article
two, chapter twenty-nine of this code;
(G) Water development authority and board provided for in
article one, chapter twenty-two-c of this code;
(2) Bureau of employment programs provided for in article
one, chapter twenty-one-a of this code.
(3) Bureau of environment:
(A) Air quality board provided for in article five, chapter
twenty-two of this code;
(B) Solid waste management board provided for in article
three, chapter twenty-two of this code;
(C) Environmental quality board, or its successor board,
provided for in article three, chapter twenty-two-b of this code;
(D) Division of environmental protection provided for in
article one, chapter twenty-two of this code;
(E) Surface mine board of review provided for in article
four, chapter twenty-two-b of this code;
(F) Oil and gas inspectors' examining board provided for in
article seven, chapter twenty-two-c of this code;
(G) Shallow gas well review board provided for in article
eight, chapter twenty-two-c of this code; and
(H) Oil and gas conservation commission provided for in
article nine, chapter twenty-two-c of this code.
(c) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any such agency or board, are hereby transferred
to and incorporated in and shall be administered as a part of the
department of education and the arts:
(1) Library commission provided for in article one, chapter
ten of this code;
(2) Educational broadcasting authority provided for in
article five, chapter ten of this code;
(3) University of West Virginia board of trustees provided
for in article two, chapter eighteen-b of this code;
(4) Board of directors of the state college system provided
for in article three, chapter eighteen-b of this code;
(5) Joint commission for vocational-technical-occupational
education provided for in article three-a, chapter eighteen-b of this code;
(6) Division of culture and history provided for in article
one, chapter twenty-nine of this code; and
(7) Division of rehabilitation services provided for in
section two, article ten-a, chapter eighteen of this code.
(d) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any such agency or board, are hereby transferred
to and incorporated in and shall be administered as a part of the
department of health and human resources:
(1) Human rights commission provided for in article eleven,
chapter five of this code;
(2) Division of human services provided for in article two,
chapter nine of this code;
(3) Division of health provided for in article one, chapter
sixteen of this code;
(4) Office of emergency medical services and advisory
council thereto provided for in article four-c, chapter sixteen
of this code;
(5) Health care cost review authority provided for in
article twenty-nine-b, chapter sixteen of this code;
(6) Commission on aging provided for in article fourteen,
chapter twenty-nine of this code;
(7) Commission on mental retardation provided for in article
fifteen, chapter twenty-nine of this code;
(8) Women's commission provided for in article twenty,
chapter twenty-nine of this code; and
(9) The child support enforcement division designated in
chapter forty-eight-a of this code.
(e) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any such agency or board, are hereby transferred
to and incorporated in and shall be administered as a part of the
department of military affairs and public safety:
(1) Adjutant general's department provided for in article
one-a, chapter fifteen of this code;
(2) Armory board provided for in article six, chapter
fifteen of this code;
(3) Military awards board provided for in article one-g,
chapter fifteen of this code;
(4) Division of public safety State police provided for in
article two, chapter fifteen of this code;
(5) Office of emergency services and disaster recovery board
provided for in article five, chapter fifteen of this code and
emergency response commission provided for in article five-a of
said chapter;
(6) Sheriffs' bureau provided for in article eight, chapter
fifteen of this code;
(7) Division of corrections provided for in chapter
twenty-five of this code;
(8) Fire commission provided for in article three, chapter
twenty-nine of this code;
(9) Regional jail and correctional facility authority
provided for in article twenty, chapter thirty-one of this code;
(10) Board of probation and parole provided for in article
twelve, chapter sixty-two of this code; and
(11) Division of veterans' affairs and veterans' council
provided for in article one, chapter nine-a of this code.
(f) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any such agency or board, are hereby transferred
to and incorporated in and shall be administered as a part of the
department of tax and revenue:
(1) Tax division provided for in article one, chapter eleven
of this code;
(2) Appraisal control and review commission provided for in
article one-a, chapter eleven of this code;
(3) Racing commission provided for in article twenty-three,
chapter nineteen of this code;
(4) Lottery commission and position of lottery director
provided for in article twenty-two, chapter twenty-nine of this
code;
(5) Agency of insurance commissioner provided for in article
two, chapter thirty-three of this code;
(6) Office of alcohol beverage control commissioner provided
for in article sixteen, chapter eleven of this code and article
two, chapter sixty of this code;
(7) Division of professional and occupational licenses which
may be hereafter created by the Legislature;
(8) Board of banking and financial institutions provided for
in article three, chapter thirty-one-a of this code;
(9) Lending and credit rate board provided for in chapter
forty-seven-a of this code;
(10) Division of banking provided for in article two, chapter thirty-one-a of this code; and
(11) The child support enforcement division as designated in
chapter forty-eight-a of this code.
(g) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any such agency or board, are hereby transferred
to and incorporated in and shall be administered as a part of the
department of transportation:
(1) Road commission provided for in article two, chapter
seventeen of this code;
(2) Division of highways provided for in article two-a,
chapter seventeen of this code;
(3) Parkways, economic development and tourism authority
provided for in article sixteen-a, chapter seventeen of this
code;
(4) Division of motor vehicles provided for in article two,
chapter seventeen-a of this code: Provided, That the
administration of the operation of motorcycles shall remain with
the division of motor vehicles;
(5) Driver's licensing advisory board provided for in
article two, chapter seventeen-b of this code;
(6) Aeronautics commission provided for in article two-a,
chapter twenty-nine of this code;
(7) State rail authority provided for in article eighteen,
chapter twenty-nine of this code; and
(8) Port authority provided for in article sixteen-b,
chapter seventeen of this code.
(h) Except for such powers, authority and duties as have
been delegated to the secretaries of the departments by the
provisions of section two of this article, the existence of the
position of administrator and of the agency and the powers,
authority and duties of each administrator and agency shall not
be affected by the enactment of this chapter.
(i) Except for such powers, authority and duties as have
been delegated to the secretaries of the departments by the
provisions of section two of this article, the existence, powers,
authority and duties of boards and the membership, terms and
qualifications of members of such boards shall not be affected by
the enactment of this chapter and all boards which are appellate
bodies or were otherwise established to be independent
decisionmakers shall may not have their appellate or independent
decision-making status affected by the enactment of this chapter.
(j) Any department previously transferred to and
incorporated in a department created in section two, article one
of this chapter by prior enactment of this section in chapter
three, acts of the Legislature, first extraordinary session, one
thousand nine hundred eighty-nine, and subsequent amendments
thereto, shall henceforth be read, construed and understood to
mean a division of the appropriate department so created.
Wherever elsewhere in this code, in any act, in general or other
law, in any rule, or regulation or in any ordinance, resolution
or order, reference is made to any department transferred to and
incorporated in a department created in section two, article one
of this chapter, such reference shall henceforth be read,
construed and understood to mean a division of the appropriate
department so created, and any such reference elsewhere to a
division of a department so transferred and incorporated shall
henceforth be read, construed and understood to mean a section of
the appropriate division of the department so created.
(k) When an agency, board or commission is transferred under
a bureau or agency other than a department headed by a secretary
pursuant to this section, that transfer shall be construed to be
solely for purposes of administrative support and liaison with the office of the governor, a department secretary or a bureau.
The bureaus created by the Legislature upon the abolishment of
the department of commerce, labor and environmental resources in
the year one thousand nine hundred ninety-four shall be headed by
a commissioner or other statutory officer of an agency within
that bureau. Nothing in this section shall may be construed to
extend the powers of department secretaries under section two of
this article to any person other than a department secretary and
nothing herein shall may be construed to limit or abridge the
statutory powers and duties of statutory commissioners or
officers pursuant to this code. Upon the abolishment of the
office of secretary of the department of commerce, labor and
environmental resources, the governor may appoint a statutory
officer serving functions formerly within that department to a
position which was filled by the secretary ex officio.
CHAPTER 17. ROADS AND HIGHWAYS.
ARTICLE 16A. WEST VIRGINIA PARKWAYS, ECONOMIC DEVELOPMENT AND
TOURISM AUTHORITY.
§17-16A-13. Tolls, rents, fees, charges and revenues;
competitive bidding on contracts.
(a) The parkways authority is hereby authorized to fix,
revise, charge and collect tolls for the use of each parkway project and the different parts or sections thereof, and to fix,
revise, charge and collect rents, fees, charges and other
revenues, of whatever kind or character, for the use of each
economic development project or tourism project, or any part or
section thereof, and to contract with any person, partnership,
association or corporation desiring the use of any part thereof,
including the right-of-way adjoining the paved portion, for
placing thereon telephone, telegraph, electric light, power or
other utility lines, gas stations, garages, stores, hotels,
restaurants and advertising signs, or for any other purpose
except for tracks for railroad or railway use, and to fix the
terms, conditions, rents and rates of charges for such use.
Such The tolls, rents, fees and charges shall be so fixed and
adjusted in respect of the aggregate of tolls, or in respect of
the aggregate rents, fees and charges, from the project or
projects in connection with which the bonds of any issue shall
have been issued as to provide a fund sufficient with other
revenues, if any, to pay (a) the cost of maintaining, repairing
and operating such the project or projects and (b) the principal
of and the interest on such the bonds as the same shall they
become due and payable, and to create reserves for such purposes. Such The tolls, rents, fees and other charges shall may not be
subject to supervision or regulation by any other commission,
board, bureau, department or agency of the state. The tolls,
rents, fees, charges and all other revenues derived from the
project or projects in connection with which the bonds of any
issue shall have been issued, except such part thereof as may be
necessary to pay such the cost of maintenance, repair and
operation and to provide such the reserves therefor as may be
provided for in the resolution authorizing the issuance of such
the bonds or in the trust agreement securing the same, shall be
set aside at such regular intervals as may be provided in such
the resolution or such the trust agreement in a sinking fund
which is hereby pledged to, and charged with, the payment of (1)
the interest upon such the bonds as such interest shall fall the
interest becomes due, (2) the principal of such the bonds as the
same shall fall it becomes due, (3) the necessary charges of
paying agents for paying principal and interest, and (4) the
redemption price or the purchase price of bonds retired by call
or purchase as therein provided. The use and disposition of
moneys to the credit of such the sinking fund shall be subject to
the provisions of the resolution authorizing the issuance of such the bonds or of such the trust agreement. Except as may
otherwise be provided in such the resolution or such the trust
agreement, such the sinking fund shall be a fund for all such the
bonds without distinction or priority of one over another. The
moneys in the sinking fund, less such reserve as may be provided
in such the resolution or trust agreement, if not used within a
reasonable time for the purchase of bonds for cancellation as
above provided, shall be applied to the redemption of bonds at
the redemption price then applicable.
Effective the first day of July, one thousand nine hundred
ninety-six, the parkways authority shall remove tolls for
motorcycles on the West Virginia Turnpike.
(b) The parkways authority shall cause, as soon as it is
legally able to do so, all contracts to which it is a party and
which relate to the operation, maintenance or use of any
restaurant, motel or other lodging facility, truck and automobile
service facility, food vending facility or any other service
facility located along the West Virginia Turnpike, to be renewed
on a competitive bid basis. All contracts relating to any
facility or services entered into by the parkways authority with
a private party with respect to any project constructed after the effective date of this legislation shall be let on a competitive
bid basis only. If the parkways authority receives a proposal
for the development of a project, such the proposal shall be made
available to the public in a convenient location in the county
wherein the proposed facility may be located. The parkways
authority shall publish a notice of the proposal by a Class I
legal advertisement in accordance with the provisions of article
three, chapter fifty-nine of this code. The publication area
shall be the county in which the proposed facility would be
located. Any citizen may communicate by writing to the parkways
authority his or her opposition to or approval to such the
proposal within a period of time not less than forty-five days
from the publication of the notice. No contract for the
development of a project may be entered into by the parkways
authority until a public hearing is held in the vicinity of the
location of the proposed project with at least twenty days notice
of such the hearing by a Class I publication pursuant to section
two, article three, chapter fifty-nine of this code. The
parkways authority shall make written findings of fact prior to
rendering a decision on any proposed project. All studies,
records, documents and other materials which are considered by the parkways authority in making such the findings shall be made
available for public inspection at the time of the publication of
the notice of public hearing and at a convenient location in the
county where the proposed project may be located. The parkways
authority shall promulgate rules in accordance with chapter
twenty-nine-a of this code for the conduct of any hearing
required by this section. Persons attending any such hearing
shall be afforded a reasonable opportunity to speak and be heard
on the proposed project.
CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION,
CERTIFICATE OF TITLE, AND ANTITHEFT PROVISIONS.
ARTICLE 4. TRANSFERS OF TITLE OR INTEREST.
§17A-4-10. Salvage certificates for certain wrecked or damaged
vehicles; fee; penalty.
(a) In the event a motor vehicle is determined to be a total
loss or otherwise designated as "totaled" by any insurance
company or insurer, and upon payment of an agreed price as a
claim settlement to any insured or claimant owner for the
purchase of the vehicle, the insurance company or the insurer
shall receive the certificate of title and the vehicle. The
insurance company or insurer shall within ten days surrender the
certificate of title and a copy of the claim settlement to the division of motor vehicles. The division shall issue a "salvage
certificate," on a form prescribed by the commissioner, in the
name of the insurance company or the insurer. Such The
certificate shall contain on the reverse thereof spaces for one
successive assignment before a new certificate at an additional
fee is required. Upon the sale of the vehicle the insurance
company or insurer shall endorse the assignment of ownership on
the salvage certificate and deliver it to the purchaser. The
vehicle shall may not be titled or registered for operation on
the streets or highways of this state unless there is compliance
with subsection (c) of this section. In the event a motor
vehicle is determined to be damaged in excess of seventy-five
percent of its retail price as described in the national
automobile dealers association official used car guide, a junk
card will be issued in lieu of a salvage certificate.
(b) Any owner, who scraps, compresses, dismantles or
destroys a vehicle for which a certificate of title or salvage
certificate has been issued, shall, within twenty days, surrender
the certificate of title or salvage certificate to the division
for cancellation. Any person who purchases or acquires a vehicle
as salvage or scrap, to be dismantled, compressed or destroyed, shall within twenty days surrender the certificate to the
division. Should a vehicle less than eight years old be
determined to be a complete loss as a result of fire, flood or a
basket, a photograph of the vehicle shall accompany the
surrendered certificate: Provided, That the term "basket" means
a vehicle which has been damaged more than seventy-five percent
of the retail price as described in the national automobile
dealers association official used car guide. If the vehicle is
to be reconstructed, the owner must shall obtain a salvage
certificate and comply with the provisions of subsection (c) of
this section.
(c) If the motor vehicle is a "reconstructed vehicle" as
defined in section one, article one of this chapter, it may not
be titled or registered for operation until it has been inspected
by an official state inspection station and by a representative
of the division of motor vehicles who has been designated by the
commissioner as an investigator. Following an approved
inspection, an application for a new certificate of title may be
submitted to the division; however, the applicant shall be
required to retain all receipts for component parts, equipment
and materials used in the reconstruction. The salvage certificate must shall also be surrendered to the division before
a certificate of title may be issued.
(d) The division shall charge a fee of fifteen dollars for
the issuance of each salvage certificate but shall may not
require the payment of the five percent privilege tax. However,
upon application for a certificate of title for a reconstructed
vehicle, the division shall collect the five percent privilege
tax on the fair market value of the vehicle as determined by
the commissioner unless the applicant is otherwise exempt
from the payment of such the privilege tax. A
wrecker/dismantler/rebuilder is exempt from the five percent
privilege tax upon titling a reconstructed vehicle. The division
shall collect a fee of thirty-five dollars per vehicle for
inspections of reconstructed vehicles. These fees shall be
deposited in a special fund created in the state treasurer's
office and may be expended by the division to carry out
the provisions of this article. Licensed
wreckers/dismantlers/rebuilders may charge a fee not to exceed
twenty-five dollars for all vehicles owned by private rebuilders
which are inspected at the place of business of a
wrecker/dismantler/rebuilder.
(e) A certificate of title issued by the division for a
reconstructed vehicle shall contain markings in bold print on the
face of the title that it is for a reconstructed or salvaged
vehicle.
(f) A certificate of title for motorcycles issued by the
department for a reconstructed motorcycle title shall contain
markings in bold print on the face of the title that it is for
a reconstructed motorcycle: Provided, That if the application
for a certificate of title is accompanied by a certificate of
inspection certifying that no more than two major components, as
that term is defined in section one, article six of this chapter,
or only a replacement transmission or only a replacement
engine/transmission combination were replaced, the boldface
markings "reconstructed vehicle" may not appear on the title.
In the event of a replacement engine or engine/transmission
combination the engine number shall appear on the title.
Any person who violates the provisions of this section shall
be is guilty of a misdemeanor, and, upon conviction thereof,
shall be fined not less than five hundred dollars nor more than
one thousand dollars, or imprisoned in the county or regional
jail for not more than one year, or both fined and imprisoned.
CHAPTER 17B. MOTOR VEHICLE DRIVER'S LICENSES.
ARTICLE 1D. MOTORCYCLE SAFETY EDUCATION.
§17B-1D-2. Program established.
(a) The West Virginia motorcycle safety education program is
hereby established within the division to be administered by the
commissioner. The program shall include rider training courses
and instructor training courses. It may also include efforts to
enhance public motorcycle safety awareness, alcohol and drug
effects awareness for motorcyclists, driver improvement efforts,
licensing improvement efforts, program promotion and other
efforts to enhance motorcycle safety through education.
(b) The commissioner shall appoint a program coordinator who
shall oversee and direct the program, and conduct an annual
evaluation dedicated solely to directing the program, and more
specifically to conducting training programs at no less than
three sites in each congressional district yearly commencing no
later than the first day of July, one thousand nine hundred
ninety-six, and conducting an annual evaluation.
§17B-1D-5. Program implementation.
The division may enter into contracts with either public or
private organizations for technical assistance in conducting
shall conduct rider and instructor training courses, if the courses are administered and taught according to standards
established by the division. An organization conducting such
courses The division may charge a reasonable tuition fee. The
division shall determine the maximum tuition fee an organization
may charge tuition fee.
§17B-1D-7. Motorcycle safety account.
(a) There is hereby created a special fund in the state
treasury which shall be designated the "motorcycle safety fund."
The fund shall consist of all moneys received from motorcycle
driver licensing fees except instruction permit fees, one half of
the moneys received from the motorcycle safety fee assessed with
each motorcycle registration under section three-b, article ten,
chapter seventeen-a of this code and any other moneys
specifically allocated to the fund. The fund shall may not be
treated by the auditor and 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 motor
vehicles, based upon the recommendations of the motorcycle
education and safety committee created under section forty-four,
article fifteen, chapter seventeen-c of this code, solely for the
purposes specified in this chapter.
(b) The fund shall be used by the division of motor vehicles
to defray the cost of implementing and administering the
motorcycle safety education program established in section two,
article one-d of this chapter. Moneys in the special revolving
fund may also be used to defray the cost of implementing and
administering the motorcycle driver licensing program.
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 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 the
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 the 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 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 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 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. Class E written examinations shall be available
whenever and wherever Class A, B, C and D license written testing
is available. Class E driving tests shall be made available
whenever practicable but in no event available in not less than
twenty-five percent of test sites for any other license class.
(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 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 the
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 the 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 the
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 the 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.
§17B-2-7b. Separate examination and endorsement for a license
valid for operation of motorcycle.
The division of public safety state police 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's
knowledge 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. The test course, used
to test pursuant to this section, shall take into consideration
the actual dimensions of motorcycles other than training
motorcycles. 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 may 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.
CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD.
ARTICLE 15. EQUIPMENT.
§17C-15-44. Safety equipment and requirements for
motorcyclists, motorcycles, motor-driven cycles
and mopeds; motorcycle safety standards and
specifications board.
(a) No person shall may operate or be a passenger on any
motorcycle or motor-driven cycle unless he or she is wearing
securely fastened on his or her head by either a neck or chin
strap a protective helmet designed to deflect blows, resist penetration and spread impact forces. Any helmet worn by an
operator or passenger shall meet the current performance
specifications established by the American National Standards
Institute Standard, Z 90.1, the United States Department of
Transportation Federal Motor Vehicle Safety Standard No. 218 or
Snell Safety Standards for Protective Headgear for Vehicle Users.
(b) No person shall may operate or be a passenger on any
motorcycle or motor-driven cycle unless he or she is wearing
safety, shatter-resistant eyeglasses (excluding contact lenses),
or eyegoggles or face shield that complies with the performance
specifications established by the American National Standards
Institute for Head, Eye and Respiratory Protection, Z 2.1. In
addition, if any motorcycle, motor-driven cycle or moped be is
equipped with a windshield or windscreen, the windshield or
windscreen shall be constructed of safety, shatter-resistant
material that complies with the performance specifications
established by Department of Transportation Federal Motor Vehicle
Safety Standard No. 205 and American National Standards
Institute, Safety Glazing Materials for Glazing Motor Vehicles
Operated on Land Highways, Standard Z 26.1.
(c) No person shall may operate a motorcycle, motor-driven cycle or moped on which the handlebars or grips are more than
fifteen inches higher than the uppermost part of the operator's
seat when the seat is not depressed in any manner.
(d) A person operating a motorcycle, motor-driven cycle or
moped shall ride in a seated position facing forward and only
upon a permanent operator's seat attached to the vehicle. No
operator shall may carry any other person nor shall may any other
person ride on such a vehicle unless the vehicle is designed to
carry more than one person, in which event a passenger may ride
behind the operator upon the permanent operator's seat if it is
designed for two persons, or upon another seat firmly attached to
the vehicle to the rear of the operator's seat and equipped with
footrests designed and located for use by the passenger or in a
sidecar firmly attached to the vehicle. No person shall may ride
side saddle on a seat. An operator may carry as many passengers
as there are seats and footrests to accommodate those passengers.
Additional passengers may be carried in a factory produced
sidecar provided that there is one passenger per seat.
Passengers riding in a sidecar shall be restrained by safety
belts.
(e) Every motorcycle, motor-driven cycle and moped shall be equipped with a rearview mirror affixed to the handlebars and
adjusted so that the operator shall have has a clear view of the
road and condition of traffic behind him or her for a distance of
at least two hundred feet.
(f) There is hereby created a six-member motorcycle safety
and education committee. The committee shall consist of the
superintendent of public safety, the commissioner of motor
vehicles, the director of the West Virginia safety council, a
representative of a motorcyclist rights organization, an owner of
a motorcycle dealership and a supplier of aftermarket
nonfranchised motorcycle supplies. The superintendent of public
safety committee is hereby authorized to approve or disapprove
types and makes of protective helmets, eye protection devices and
equipment offered for sale, purchased or used by any person. The
committee shall also make recommendations to the commissioner of
motor vehicles regarding the use of the moneys in the motorcycle
safety fund created under section seven, article one-d, chapter
seventeen-b of this code.
CHAPTER 18. EDUCATION.
ARTICLE 6. DRIVER EDUCATION.
§18-6-3. State board to establish minimum course standards;
students with mental or physical defects; minimum standards specified.
The state board of education shall establish minimum
standards for all driver education courses offered and made
available to persons within the state, regardless of whether the
courses are offered by public, private, parochial, denominational
or commercial schools, but no person shall be permitted to may
enroll in any driver education course who has a known mental or
physical defect that would prevent the person from qualifying for
an operator's license, unless the mental or physical defect is
controlled or corrected so the person could so qualify.
The minimum standards shall provide at least that:
(a) All driver education courses offered within the state
are taught by instructors certified by the state board as
qualified for these purposes.
(b) Each person enrolled in a driver education course shall
receive practice driving and observation in a dual control
automobile and instruction in at least the following:
(1) Basic and advanced driving techniques, including
techniques for handling emergencies.
(2) Traffic regulations and laws of the road as provided in
chapter seventeen-c of this code, and other applicable state and local laws and ordinances.
(3) Critical mechanical parts of vehicles requiring
preventive maintenance for safety.
(4) The vehicle, highway and community features that aid the
driver in avoiding crashes; protect him and his the driver and
passengers in crashes; and maximize the salvage of the injured.
(5) Signs, signals, highway markings and highway design
features which require understanding for safe operation of motor
vehicles.
(6) Differences in characteristics of urban and rural
driving, including safe use of modern expressways.
(7) Pedestrian safety.
(8) Motorcycle safety awareness.
In addition, in driver education courses participating
students shall be encouraged to acquire first aid skill skills.
NOTE: The purpose of this bill is to transfer to the
division of motor vehicles the administration duties related to
motorcycles; remove tolls for motorcycles on the West Virginia
turnpike; treat car and motorcycle salvage circumstances the
same; revitalize the coordinator's position with training
requirements; require the division of motor vehicles to provide
the motorcycle training courses; prohibit moneys in the
motorcycle safety fund from being used to defray the cost of implementing and administering the motorcycle driver licensing
program; guarantee access to written and driving examinations to
potential motorcycle license applicants; guarantee test course
size is suitable for full size motorcycles; create a motorcycle
safety and education committee; allow rearview mirror to be
attached to fairings; and to compel motorcycle safety awareness
training in driver's education.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.