H. B. 2374
(By Delegates Proudfoot, Warner,
Kominar and Shelton)
[Introduced January 25, 1999; referred to the
Committee on Roads and Transportation then the
A BILL to amend and reenact section seven, article two-a, chapter
seventeen-d of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to providing that
when a person's commercial driver's license is suspended for
failure to have the required security in effect, such as an
insurance policy, on a personal motor vehicle used solely
for noncommercial purposes, that person may continue to
operate a commercial vehicle under certain circumstances.
Be it enacted by the Legislature of West Virginia:
That section seven, article two-a, chapter seventeen-d of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 2A. SECURITY UPON MOTOR VEHICLES.
§17D-2A-7. Suspension or revocation of license, registration;
(a) Any owner of a motor vehicle, subject to the provisions
of this article, who fails to have the required security in
effect at the time such vehicle is being operated upon the roads
or highways of this state, shall have his or her driver's license
suspended by the commissioner of the division of motor vehicles
for a period of thirty days and shall have his or her motor
vehicle registration revoked until such time as he or she shall
present to the division of motor vehicles the proof of security
required by this article: Provided, That if a motor vehicle is
registered in more than one name, the driver's license of only
one of the owners shall be suspended by the commissioner.
(b) Any person who knowingly operates a motor vehicle upon
the roads or highways of this state, which does not have the
security required by the provisions of this article, shall have
his or her driver's license suspended by the commissioner for a
period of thirty days.
(c) A person's driver's license shall be suspended for a
period of thirty days if the person is operating a motor vehicle
designated for off highway use upon the roads and highways of
this state without the required security in effect, if the motor
vehicle is not properly registered and licensed, or if the
required security was canceled.
(d) The commissioner may withdraw a suspension of a driver's license provided that the commissioner is satisfied that there
was not a violation of the provisions of required security
related to operation of a motor vehicle upon the roads or
highways of this state by such person. The commissioner may
request additional information as needed in order to make such
(e) The commissioner may allow a person holding a commercial
driver's license limited driving privileges for operating only a
commercial motor vehicle during the period of suspension provided
(1) Has a Class A, B or C commercial driver's license and is
currently employed as an operator of a commercial motor vehicle
and the suspension was for failure to have the required security
in effect on a vehicle used solely for noncommercial purposes;
(2) Has not previously violated this section, section five
of this article, or section four, article three, chapter
seventeen-a of this code;
(3) Has presented current verifiable proof of insurance, and
has paid all reinstatement fees required under the provisions of
section nine, article three, chapter seventeen-b and section
seven, article nine, chapter seventeen-a of this code; and
(4) Has surrendered his or her current driver's license and
has applied, paid the proper fee, and received a driver's license specially marked with the appropriate restriction indicating the
limited privilege of operating a commercial motor vehicle.
(f) At the end of the thirty-day suspension period, the
person shall surrender the specially-marked restricted license
and obtain a duplicate driver's license.
(g) Driving privileges authorized by subsection (e) of this
section are limited to operating a commercial motor vehicle.
Operation of any other vehicle shall be considered a violation of
section three, article four, chapter seventeen-b of this code.
The division shall immediately reinstate the full suspension upon
notice from any law-enforcement officer that the licensee has
violated the terms of a restricted license. The period of
suspension shall be for an additional thirty days.
(e) (h) No person shall have his or her driver's license or
motor vehicle registration suspended or revoked under any
provisions of this section unless he or she shall first be given
written notice of such suspension or revocation sent by certified
mail, at least twenty days prior to the effective date of such
suspension or revocation, and upon such person's written request,
sent by certified mail, he or she shall be afforded an
opportunity for a hearing thereupon as well as a stay of the
commissioner's order of suspension or revocation and an
opportunity for judicial review of such hearing. Upon affirmation of the commissioner's order, the period of suspension
or revocation shall commence to run.
(f) (i) Such suspended driver's license shall be reinstated
following the period of suspension upon compliance with the
conditions set forth in this article and such revoked motor
vehicle registration shall be reissued only upon lawful
compliance with the provisions of this article.
(g) (j) If the commissioner has previously suspended the
person's driver's license under the provisions of this section or
section five of this article in the previous seven years, the
period of suspension shall be for a period of ninety days.
NOTE: The purpose of this bill is to provide that when a
person's commercial driver's license is suspended for failure to
have the required security in effect, such as an insurance
policy, on a personal motor vehicle used for noncommercial
purposes, that person may continue to operate a commercial
vehicle under certain circumstances.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.