H. B. 2589
(By Delegate Manchin)
[Introduced February 2, 1999; referred to the
Committee on Roads and Transportation then Finance.]
A BILL to amend and reenact section seven-b, article two, chapter
seventeen-b of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to creating a
special driving permit for disabled persons who, while
unable to ride a two-wheeled motorcycle, are able to ride a
three-wheeled motorcycle; and requiring the commissioner of
motor vehicles to provide a separate examination
incorporating separate testing criteria for persons who,
while unable to ride two-wheeled motorcycles, are able to
ride three-wheeled motorcycles.
Be it enacted by the Legislature of West Virginia:
That section seven-b, article two, chapter seventeen-b of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 2. ISSUANCE OF LICENSE, EXPIRATION AND RENEWAL.
§17B-2-7b. Separate examination and endorsement for a license
valid for operation of motorcycle.
The division of public safety West Virginia state police
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: Provided, however, That the
commissioner of motor vehicles shall devise and provide a
separate examination incorporating separate testing requirements,
to be administered by the state police, for persons that are
able to ride a three-wheeled motorcycle but who, due to physical
disability, are unable to ride a two-wheeled motorcycle. 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.
NOTE: The purpose of this bill is to create a special
driving permit for disabled persons who, while unable to ride a
two-wheeled motorcycle, are able to ride a three-wheeled motor
cycle. The bill also requires the commissioner of motor vehicles
to provide a separate examination incorporating separate testing
criteria for persons who, while unable to ride two-wheeled
motorcycles, are able to ride three-wheeled motorcycles.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.