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.