H. B. 2126
(By Delegate Proudfoot)
[Introduced February 17, 1997; referred to the
Committee on Roads and Transportation.]
A Bill to amend and reenact section nine, article one, chapter
seventeen-e of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to requiring
persons who hold commercial driver licenses who accompany
other persons driving with a commercial driver's instruction
permit to occupy a seat beside the driver at all times the
driver is driving the vehicle.
Be it enacted by the Legislature of West Virginia:
That section nine, 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 follows:
ARTICLE 1. COMMERCIAL DRIVER'S LICENSE.
§17E-1-9. Commercial driver license qualification standards.
(a) On or after the first day of July, one thousand nine hundred eighty-nine, the conversion process will phase out the
existing West Virginia chauffeur's license which shall expire by
the first day of April, one thousand nine hundred ninety-two. At
the expiration of a chauffeur's license between the first day of
July, one thousand nine hundred eighty-nine, and the first day of
April, one thousand nine hundred ninety-two, an individual must
either qualify for a commercial driver's license or renew with an
operator's license. Any one holding an operator's license on the
first day of July, one thousand nine hundred eighty-nine, who
either drives a commercial motor vehicle or expects to drive a
commercial motor vehicle must qualify for a commercial driver's
license by the first day of April, one thousand nine hundred
ninety-two.
Those who qualify for a commercial driver's license after
the first day of July, one thousand nine hundred eighty-nine,
will be issued a provisional commercial driver's license. The
provisional commercial driver's license will be valid until the
driver's history record has been checked and recorded with the
national commercial driver's license information system. If the
record checks indicate no disqualifying problem, the qualified
driver will be issued a full commercial driver's license at no
additional fee. All provisional commercial driver licenses will
expire no later than the first day of April, one thousand nine
hundred ninety-two.
(b)(1) General. -- No person may be issued a commercial
driver's license unless that person is a resident of this state
and has passed a knowledge and skills test for driving a
commercial motor vehicle which complies with minimum federal
standards established by federal regulations enumerated in 49
C.F.R. part 383, sub-parts G and H, and has satisfied all other
requirements of the Federal Commercial Motor Vehicle Safety Act
in addition to other requirements imposed by state law or federal
regulations. The tests will be administered by the department of
public safety according to rules promulgated by the commissioner.
(2) Third party testing. -- The commissioner may authorize
a person, including an agency of this or another state, an
employer, private individual or institution, department, agency
or instrumentality of local government, to administer the skills
test specified by this section: Provided, That (i) the test is
the same which would otherwise be administered by the state and
(ii) the party has entered into an agreement with the state which
complies with the requirements of 49 C.F.R. party 383.75.
(3) Indemnification of driver examiners. -- No person who
has been officially trained and certified by the state as a
driver examiner, who administers any such driving test, and no
other person, firm or corporation by whom or with which such the
person is employed or is in any way associated, may be criminally liable for the administration of such the tests, or civilly
liable in damages to the person tested or other persons or
property unless for gross negligence or willful or wanton injury.
(4) Monitoring of third party testing will be carried out by
the department of public safety according to rules promulgated by
the commissioner.
(c) Waiver of skills test. -- The commissioner may waive the
skills test specified in this section for a commercial driver
license applicant who meets the requirements of 49 C.F.R. part
383.77 and those requirements specified by the commissioner.
(d) Limitations on issuance of license. -- A commercial
driver's license or commercial driver's instruction permit may
not be issued to a person while the person is subject to a
disqualification from driving a commercial motor vehicle, or
while the person's driver's license is suspended, revoked or
canceled in any state; nor may a commercial driver's license be
issued by any other state unless the person first surrenders all
such licenses to the department, which must be returned to the
issuing state(s) for cancellation.
(e) Commercial driver's instruction permit. -- (1) A
commercial driver's instruction permit may be issued to an
individual who holds a valid operator or Class "D" driver license
who has passed the vision and written tests required for issuance
of a commercial driver license. (2) The commercial instruction permit may not be issued for a period to exceed six months. Only
one renewal or reissuance may be granted within a two-year
period. The holder of a commercial driver's instruction permit
may drive a commercial motor vehicle on a highway only when
accompanied by the holder of a commercial driver license valid
for the type of vehicle driven who occupies a seat, while
remaining awake, beside the individual at all times the
individual is driving, for the purpose of giving instruction or
testing. (3) A commercial driver's instruction permit may only
be issued to an individual who is at least eighteen years of age
and has held an operator's or junior operator's license for at
least two years. (4) The applicant for a commercial driver's
instruction permit must also be otherwise qualified to hold a
commercial driver's license.
NOTE: The purpose of this bill is to insure that a qualified
commercial driver sits in the seat next to a commercial driver
trainee operating a commercial vehicle who holds a commercial
driver's instruction permit, at all times the vehicle is driven
by the trainee.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.