H. B. 4247
(By Mr. Speaker, Mr. Kiss, and Delegate Ashley)
[By Request of the Executive]
[Introduced February 3, 1998; referred to the
Committee on Roads and Transportation then Finance.]
A BILL to amend and reenact section nine, article two, chapter
seventeen-a of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to amend and reenact
sections five, seven, seven-b, seven-c and fifteen, article
two, chapter seventeen-b of said code; to further amend said
article by adding thereto a new section, designated section
five-a; to amend and reenact section nine, article one,
chapter seventeen-e of said code, all relating to testing
for driver's license; requiring the commissioner of motor
vehicles to report possible or suspected violations of law
to the state police; requiring the state police to train,
certify and monitor license examiners regarding the
administration of licensing application and testing
procedures; reimbursement to the state police for the cost of training, certifying and monitoring license examiners;
authorizing the division of motor vehicles to administer the
examinations of all applicants for motor vehicle licenses
and commercial driver's licenses; transferring the
motorcycle license examination fund to the division of motor
vehicles land authorizing the commissioner of said division
to administer the funds; authorizing the superintendent of
the state police to promulgate rules to carry out the
training certification and monitoring of license examiners
and the monitoring of third party testing.
Be it enacted by the Legislature of West Virginia:
That section nine, article two, chapter seventeen-a of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; that sections five, seven,
seven-b, seven-c and fifteen, article two, chapter seventeen-b of
said code be amended and reenacted; that said article be further
amended by adding thereto a new section, designated section
five-a; that section nine, article one, chapter seventeen-e of
said code be amended and reenacted, all to read as follows:
CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION,
CERTIFICATE OF TITLE, AND ANTITHEFT PROVISIONS.
ARTICLE 2. DEPARTMENT OF MOTOR VEHICLES.
§17A-2-9. Same -- Powers and duties; rules; seal.
(a) The commissioner is hereby vested with and is charged
with the duty of observing, administering and enforcing the
provisions of this chapter and of all laws the enforcement of
which is now or hereafter vested in the department: Provided,
however, That nothing in this chapter shall deprive the public
service commission of West Virginia of any of the duties or
powers now vested in it with regard to the regulation of motor
vehicle carriers.
(b) The commissioner is hereby authorized to adopt and
enforce such rules and regulations as may be necessary to carry
out the provisions of this chapter and any other laws the
enforcement and administration of which are vested in the
department.
(c) The commissioner may adopt an official seal for the use
of the department.
(d) The commissioner shall, in instances where division
personnel become aware of a possible or suspected violation of
law where enforcement jurisdiction would be that of the West
Virginia state police, communicate a violation to the state
police.
CHAPTER 17B. MOTOR VEHICLE DRIVER'S LICENSES.
ARTICLE 2. ISSUANCE OF LICENSE, EXPIRATION AND RENEWAL.
§17B-2-5. Qualifications, issuance and fee for instruction permits.
(a) Any person who is at least fifteen years of age may
apply to the division for an instruction permit. The division
may, in its discretion, after the applicant has appeared before
the department of public safety and successfully passed all parts
of the examination other than the driving test and presented
documentation of compliance with the provisions of section
eleven, article eight, chapter eighteen of this code, issue to
the applicant an instruction permit which shall entitle the
applicant while having such permit in such person's immediate
possession to drive a motor vehicle upon the public highways when
accompanied by a licensed driver of at least twenty-one years of
age, or a driver's education or driving school instructor that is
acting in an official capacity as an instructor, or a certified
division license examiner acting in an official capacity as an
examiner, who is occupying a seat beside the driver, except in
the event the permittee is operating a motorcycle, but in no
event shall the permittee be allowed to operate a motorcycle upon
a public highway until reaching sixteen years of age.
Any such instruction permit issued to a person under the age
of sixteen years shall expire sixty days after the permittee
reaches sixteen years of age: Provided, That only permittees who
have reached their sixteenth birthday are eligible to take the driving examination as provided in section six of this article.
The instruction permit may be renewed for one additional period
of sixty days. Any such permit issued to a person who has
reached the age of sixteen years shall be valid for a period of
sixty days and may be renewed for an additional period of sixty
days or a new permit issued. The fee for such instruction permit
shall be four dollars, one dollar of which shall be paid into the
state treasury and credited to the state road fund, and the other
three dollars of which shall be paid into the state treasury and
credited to the general fund to be appropriated to the department
of public safety state police for application in the enforcement
of the road law.
(b) Any person sixteen years of age or older may apply to
the division for a motorcycle instruction permit. The division
of motor vehicles may, in its discretion, after the applicant has
appeared before the division of public safety and successfully
passed all parts of the motorcycle examination other than the
driving test, and presented documentation of compliance with the
provisions of section eleven, article eight, chapter eighteen of
this code, issue to the applicant an instruction permit which
entitles the applicant while having such permit in such person's
immediate possession to drive a motorcycle upon the public
streets or highways for a period of ninety days, during the daylight hours between sunrise and sunset only. No holder of a
motorcycle instruction permit shall operate a motorcycle while
carrying any passenger on the vehicle.
A motorcycle instruction permit is not renewable, but a
qualified applicant may apply for a new permit. The fee for a
motorcycle instruction permit shall be five dollars, which shall
be paid into a special fund in the state treasury known as the
motorcycle license examination fund as established in section
seven-c, article two of this chapter.
§17B-2-5a. Training, certification and monitoring of license
examiners.
The West Virginia state police shall train, certify and
monitor those employees of the division of motor vehicles
designated by the commissioner as license examiners regarding the
administration of licensing application and testing procedures
for the purpose of ensuring compliance with statutory and
regulatory requirements. The state police authority in this
regard shall not extend to monitoring division of motor vehicles
employees' work performance or policy compliance otherwise
monitored at the direction of the commissioner. The division of
motor vehicles shall reimburse the state police for the actual or
estimated costs as determined by the superintendent.
§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 motor vehicles 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.
(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.
§17B-2-7b. Separate examination and endorsement for a license
valid for operation of motorcycle.
The division of public safety motor vehicles shall administer a separate motorcycle examination for applicants for
a license valid for operation of a motorcycle. Any applicant for
a license valid for operation of a motorcycle shall be required
to successfully complete the motorcycle examination, which shall
be in addition to the examination administered pursuant to
section seven of this article: Provided, That the commissioner
of motor vehicles may exempt an applicant for a motorcycle driver
license or endorsement from all or part of the motorcycle license
examination as provided in section six, article one-d of this
chapter. The motorcycle examination shall test the applicant's
knowledge of the operation of a motorcycle and of any traffic
laws specifically relating thereto and shall include an actual
demonstration of the ability to exercise ordinary and reasonable
control in the operation of a motorcycle. An applicant for a
license valid for the operation of only a motorcycle shall be
tested as provided in this section and in section seven of this
article , but need not demonstrate actual driving ability in any
vehicle other than a motorcycle. The examination provided in
this section shall not be made a condition upon the renewal of
the license of any person under this section.
For an applicant who successfully completes the motorcycle
examination, upon payment of the required fee, the division shall
issue a motorcycle endorsement on the driver's license of the applicant, or shall issue a special motorcycle-only license if
the applicant does not possess a driver's license.
Any person who already holds a valid driver's license on or
before the first day of April, one thousand nine hundred ninety- two, upon application and payment of the required fee to the
division of motor vehicles at any time between the first day of
April, one thousand nine hundred ninety-two, and the thirtieth
day of June, one thousand nine hundred ninety-two, may be issued
a motorcycle endorsement without being required to take the
examination specified in this section. On or after the first day
of July, one thousand nine hundred ninety-two, every person,
including those holding a valid driver's license, shall be
required to take the examination specified in this section to
obtain a motorcycle license or endorsement.
§17B-2-7c. Motorcycle license examination fund.
There is hereby created a special revolving fund in the
state treasury which shall be designated as the "motorcycle
license examination fund." The fund shall consist of all moneys
received from fees collected for motorcycle instruction permits
under this article and any other moneys specifically allocated to
the fund. The fund shall not be treated by the auditor or
treasurer as part of the general revenue of the state. The fund
shall be a special revolving fund to be used and paid out upon order of the superintendent of public safety commissioner solely
for the purposes specified in this article.
The fund shall be used by the division of public safety to
defray the costs of implementing and administering a special
motorcycle license examination, including a motorcycle driving
test.
§17B-2-15. Authority for regulations.
(a) The commissioner of the division of motor vehicles is
authorized to promulgate such legislative rules as are necessary
to carry out the license and endorsement provisions of this
chapter and the provisions regarding motor vehicle registration
in accordance with the provisions of chapter twenty-nine-a of
this code.
(b) The superintendent of the division of public safety West
Virginia state police is authorized to promulgate such
legislative rules as are necessary to carry out the provisions
relating to the issuance of an instruction permit and conducting
the license qualifying examinations training, certification and
monitoring of the license examiners as provided for in this
chapter in accordance with the provisions of chapter
twenty-nine-a of this code.
CHAPTER 17E. UNIFORM COMMERCIAL DRIVER'S LICENSE ACT.
ARTICLE 1. COMMERCIAL DRIVER'S LICENSE.
§17E-1-9. Commercial driver license qualification standards.
(a) (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 West Virginia
state police division of motor vehicles 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. part 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
person is employed or is in any way associated, may be criminally
liable for the administration of such 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 West Virginia state police according to rules promulgated by
the commissioner superintendent.
(b) 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.
(c) 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. The division shall issue a
restricted commercial driver's license to a person who has failed
to pay overdue child support or comply with subpoenas or warrants relating to paternity or child support proceedings, if a circuit
court orders restrictions of the person's license as provided in
article five-a, chapter forty-eight-a of this code.
(d) 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 beside the
individual 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 require the
commissioner of motor vehicles to report possible or suspected
violations of law to the state police; require the state police
to train, certify and monitor license examiners regarding the
administration of licensing application and testing procedures;
reimburse the state police for the cost of training, certifying
and monitoring license examiners; authorize the division of motor
vehicles to administer the examinations of all applicants for
motor vehicle licenses and commercial driver's licenses; transfer
the motorcycle license examination fund to the division of motor
vehicles land authorizing the commissioner of said division to
administer the funds; and to authorize the superintendent of the
state police to promulgate rules to carry out the training
certification and monitoring of license examiners and the
monitoring of third-party testing.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
§17B-2-5a is new; therefore, no strike-throughs and
underscoring are shown.