Senate Bill No. 222
(By Senators Ross, Kessler and Anderson)
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[Introduced January 26, 1999;
referred to the Committee on the Judiciary.]
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A BILL to amend and reenact sections seven and thirteen, article
one, chapter seventeen-e of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, all relating
to establishing an administrative penalty for persons who
are convicted of the offense of either operating a
commercial motor vehicle in violation of an out-of-service
order or operating a motor vehicle without the proper
license or endorsement for the type of vehicle being
operated.
Be it enacted by the Legislature of West Virginia:
That sections seven and thirteen, article one, chapter
seventeen-e of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted, all to
read as follows:
ARTICLE 1. COMMERCIAL DRIVER'S LICENSE.
§17E-1-7. Commercial driver's license required.
(a) On or after the first day of April, one thousand nine
hundred ninety-two, except when driving under a commercial
driver's instruction permit accompanied by the holder of a
commercial driver's license valid for the vehicle being driven,
no person may drive a commercial motor vehicle unless the person
holds a commercial driver's license and applicable endorsements
valid for the vehicle they are driving.
(b) No person may drive a commercial motor vehicle while
their driving privilege is suspended, revoked, canceled or
expired, while subject to a disqualification, or in violation of
an out-of-service order.
(c) Drivers of a commercial motor vehicle must have a
commercial driver's license in their possession at all times
while driving.
(d) The commissioner shall suspend for a period of ninety
days, the driving privileges of any person who is convicted of
operating a commercial motor vehicle without holding a valid
commercial driver's license and the applicable endorsements valid
for the vehicle they are driving or for any conviction for operating a commercial motor vehicle while disqualified from
operating a commercial motor vehicle. Any person not holding a
commercial driver's license who is convicted of an offense which
requires disqualification from operating a commercial motor
vehicle shall also be disqualified from eligibility for a
commercial driver's license for the same time periods as
prescribed in federal law or rule or this chapter for commercial
driver's license holders.
§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) In accordance with the provision of 4 C.F.R. §391.15,
a person is disqualified from driving a commercial motor vehicle
if convicted of the offense of violating an out-of-service order.
For the first conviction, the period of disqualification shall be
for ninety days. For the second conviction within a ten-year
period for violations in separate incidents, the period of
disqualification shall be for a period of one year. For the
third or subsequent conviction within a ten-year period for
violations in separate incidents, the period of disqualification
shall be for a period of three years. If the conviction occurred
while the person was operating a motor vehicle transporting
hazardous material required to be placarded under the Hazardous
Transportation Act (49 U.S.C. §1801-1813) or while operating a
motor vehicle designed to transport more than fifteen passengers
including the driver, the period of disqualification for the
first conviction shall be for one hundred and eighty days. For the second or subsequent conviction within a ten-year period for
violations in separate incidents, the period of disqualification
shall be for three years.
(f) (g) 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) (h) After suspending, revoking or canceling a commercial
driver's license, the department division shall update its
records to reflect that action within ten days.
NOTE: The purpose of this bill is to establish an
administrative penalty for persons who are convicted of the
offense of operating a commercial motor vehicle in violation of
an out-of-service order. The bill also provides for an
administrative penalty for persons convicted of operating a
commercial motor vehicle without the proper license or
endorsement for the type of vehicle being operated. The passage
of this legislation would put West Virginia in compliance with
federal rules governing the sanctions for violating the Federal
Commercial Motor Vehicle Safety Act.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.