H. B. 4291
(By Delegate Proudfoot (By Request))
[Introduced February 6, 1998; referred to the
Committee on Roads and Transportation then the
Judiciary.]
A BILL to amend and reenact section thirteen, article one,
chapter seventeen-e of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
the uniform commercial driver's license act;
disqualification and cancellation; and providing that
persons holding these licenses who are convicted of driving
a noncommercial vehicle under the influence are subject to
the penalties prescribed under the provisions of chapter
seventeen-c of this code.
Be it enacted by the Legislature of West Virginia:
That section thirteen, 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-1-13. Disqualification and cancellation.
(a) Disqualification offenses. -- Any person is disqualified
from driving a commercial motor vehicle for a period of not less
than one year if convicted of a first violation of:
(1) Driving a commercial motor vehicle under the influence
of alcohol or a controlled substance;
(2) Driving a commercial motor vehicle while the alcohol
concentration of the person's blood or breath is four hundredths
or more;
(3) Leaving the scene of an accident involving a commercial
motor vehicle driven by the person;
(4) Using a commercial motor vehicle in the commission of
any felony as defined in this article: Provided, That the
commission of any felony involving the manufacture, distribution,
or dispensing of a controlled substance, or possession with
intent to manufacture, distribute or dispense a controlled
substance falls under the provisions of subsection (d) of this
section;
(5) Refusal to submit to a test to determine the driver's
alcohol concentration while driving a commercial motor vehicle.
In addition, the conviction of any of the following offenses
as an operator of any vehicle is a disqualification offense:
(1) Manslaughter or negligent homicide resulting from the operation of a motor vehicle as defined under the provisions of
section five, article three, chapter seventeen-b, and section
one, article five, chapter seventeen-c of this code;
(2) Driving while license is suspended or revoked, as
defined under the provisions of section three, article four,
chapter seventeen-b of this code;
(3) Perjury or making a false affidavit or statement under
oath to the department of motor vehicles, as defined under the
provisions of subsection (4), section five, article three, and
section two, article four, chapter seventeen-b of this code.
If any of the above violations occurred while transporting
a hazardous material required to be placarded, the person is
disqualified for a period of not less than three years.
(b) A person is disqualified for life if convicted of two or
more violations of any of the offenses specified in subsection
(a) of this section, or any combination of those offenses,
arising from two or more separate incidents.
(c) The commissioner may issue rules establishing
guidelines, including conditions, under which a disqualification
for life under subsection (b) of this section may be reduced to
a period of not less than ten years.
(d) A person is disqualified from driving a commercial motor
vehicle for life who uses a commercial motor vehicle in the commission of any felony involving the manufacture, distribution
or dispensing of a controlled substance, or possession with
intent to manufacture, distribute or dispense a controlled
substance.
(e) A person is disqualified from driving a commercial motor
vehicle for a period of not less than sixty days if convicted of
two serious traffic violations, or one hundred twenty days if
convicted of three serious violations, committed in a commercial
motor vehicle arising from separate incidents occurring within a
three-year period.
(f) A person is disqualified from driving a commercial motor
vehicle if he or she has failed to pay overdue child support or
comply with subpoenas or warrants relating to paternity or child
support proceedings, if a circuit court has ordered the
suspension of the commercial driver's license as provided in
article five-a, chapter forty-eight-a of this code and the child
support enforcement division has forwarded to the division a copy
of the court order suspending the license, or has forwarded its
certification that the licensee has failed to comply with a new
or modified order that stayed the suspension and provided for the
payment of current support and any arrearage due. A
disqualification under this section shall continue until the
division has received a court order restoring the license or a certification by the child support enforcement division that the
licensee is complying with the original support order or a new or
modified order that provides for the payment of current support
and any arrearage due.
(g) After suspending, revoking or canceling a commercial
driver's license, the department shall update its records to
reflect that action within ten days.
(h) A person holding a commercial driver's license who is
convicted of an offense of driving under the influence of
alcohol, controlled substances or drugs while operating a
noncommercial vehicle may not be punished by penalties that
exceed those for violations under the provisions of chapter
seventeen-c of this code.
NOTE: The purpose of this bill is to limit penalties for DUI
for persons holding a commercial driver's license and who are
convicted of an offense that occurred while operating a
noncommercial vehicle to the same penalties applicable to persons
convicted under the provisions of Chapter 17C.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.