H. B. 2059
(By Delegates Doyle
and Manuel)
[Introduced February 13, 1997; referred to the
Committee on Roads and Transportation then the Judiciary.]
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 motor vehicle
driver licenses; examination of applicants; and retesting
periods for persons under the age of eighteen years.
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) 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) 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. In addition, the rules shall provide that in
the case of applicants eighteen years of age and under, retesting
or reexamination after the applicant has failed the examination,
for any reason except equipment failure, may not be made in less
than two weeks after the examination was failed. If the
examination failure was due solely to equipment failure,
retesting or reexamination may be taken at any time the equipment
failure is corrected or at any time in another vehicle.
(c) 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: This bill restricts retesting for drivers license,
persons who are 18 years of age or younger, to no sooner than 2
weeks from the time the test was failed, except if failure is due
solely to equipment failure. In case of the latter, retesting
may be done sooner than 2 weeks.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.