Senate Bill No. 762

(By Senators Craigo, Anderson, Bailey, Chafin, Helmick, Jackson, Love, Macnaughtan, Plymale, Prezioso, Sharpe, Walker, Boley, Dugan, McKenzie, Minear and Sprouse)

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[Originating in the Committee on Finance;

reported March 3, 1998.]

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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; 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 two new sections, designated sections one-b and five-a; and 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; transfer of drivers licensing examination function; 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; and authorizing the commissioner of said division to administer the funds.

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 two new sections, designated sections one-b and 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-2-1b. Transfer of driver's licensing examination function.
(a) Effective the first day of July, one thousand nine hundred ninety-eight, those civilian employees of the West Virginia state police whose primary governmental duties as of the thirtieth day of June, one thousand nine hundred ninety-eight, involve the examination of applicants for instruction permits and driver's licenses shall be transferred from the West Virginia state police to the division of motor vehicles.
(b) During the period of the first day of July, one thousand nine hundred ninety-eight, until the thirty-first day of December, one thousand nine hundred ninety-nine, the commissioner of motor vehicles may delegate responsibility for the supervision of the civilian employees and the operation of the examination program to the superintendent of the West Virginia state police pending the orderly transfer and hiring of the necessary personnel, transfer and purchase of necessary equipment and supplies and the establishment of suitable examination locations. The commissioner is also authorized to reimburse the West Virginia state police for the services of uniformed sworn personnel, equipment, supplies and office space at state police facilities necessary to maintain the examination program at its current level of service during the transfer period. The commissioner is further authorized to utilize existing state police locations as examination and licensing locations unless in his or her opinion, more suitable locations are available. The commissioner shall reimburse the West Virginia state police for such use.
§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 commissioner of the division of motor vehicles 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.
§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 examination 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 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 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 West Virginia division of motor vehicles according to rules promulgated by the commissioner.
(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.