COMMITTEE SUBSTITUTE

FOR

H. B. 2526

(By Delegates Hunt and Seacrist)

(Originating in the Committee

on Roads and Transportation]

[March 20, 1997]



A BILL to amend and reenact section seven, article three, chapter seventeen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to reexamination by the division of motor vehicles and restricting the manner in which retesting can be requested.

Be it enacted by the Legislature of West Virginia:
That section seven, article three, 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 3. CANCELLATION, SUSPENSION OR REVOCATION OF LICENSES.
§17B-3-7. Department may require reexamination.
The department, having good cause to believe that a licensed operator or chauffeur is incompetent or otherwise not qualified to be licensed, may upon written request from a law-enforcement officer or upon presentation of a medical report from a qualified physician stating that the licensed operator or chauffeur has a physical or mental limitation which renders the licensed operator or chauffeur incompetent or otherwise not qualified to be licensed, and upon written notice of at least five days to the licensee require him or her to submit to an examination. Upon the conclusion of such the examination the department shall take such action as may be appropriate and may suspend or revoke the license of such person or permit him or her to retain such the license, or may issue a license subject to restrictions as permitted under section ten, article two of this chapter. Refusal or neglect of the licensee to submit to such the examination shall be ground for suspension or revocation of his or her license.



H R&T B SUB 3/29 #1
Chairman Warner, from the Committee on Roads and Transportation, submitted the following report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 2526, Restricting the manner in which the division of motor vehicles can request a reexamination of a licensed operator or chauffeur,
And reports back a committee substitute therefor, with the same title, as follows:

With the recommendation that the committee substitute do pass.