H. B. 2526
(By Delegates Hunt and Seacrist)
[Originating in the Committee on
Roads and Transportation]
[February 19, 1998]
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.
department, having good cause to believe that a licensed
operator or chauffeur is incompetent or otherwise not qualified
to be licensed, may division, 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 may require him the licensee 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
the licensee 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 license
suspension or revocation. of his license.