H. B. 2526
(By Delegates Hunt and Seacrist)
[Introduced January 14, 1998; referred to the
Committee on Roads and Transportation.]
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 and 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.
NOTE: The purpose of this bill is to restrict the manner in
which the division of motor vehicles can request a reexamination
of a licensed operator or chauffeur.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.