A BILL to amend and reenact sections one, one-a, two, three, three-a, five, six, seven, seven-b, eight and twelve, article two, chapter seventeen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact sections one, two, three, four, five, eight and nine, article six, chapter eighteen of said code; and to amend and reenact section eleven, article eight of said chapter, all relating to implementing a graduated driver's license program for persons under the age of eighteen; providing timeframes for new residents to obtain a driver's license; establishing motorcycle size operating restrictions based on size of motorcycle used in skills test; and establishing minimum thirty-day instruction period prior to skills test for previously unlicensed applicants.

§17B-2-1. Drivers must be licensed; types of licenses; licensees need not obtain local government license; motorcycle driver license; identification cards.

§17B-2-1a. Surrender of license from other state or jurisdiction prior to receipt of license from this state; examination; fees required.

(b) Every driver shall, within thirty days after taking up residence in this state, apply to the division for a driver's license as prescribed in this article. For the purposes of this chapter the presumption that a natural person is a resident of this state is based on the provisions of section one-a, article three, chapter seventeen-a of this code.

or

(g) After the thirtieth day of June, two thousand one, any person under the age of eighteen who does not possess a junior or regular driver's license may not operate a motor vehicle unless he or she has obtained a graduated driver's license in accordance with the three level graduated driver's license system described in subsections (h) through (k) of this section.
(h) Any person under the age of twenty-one, regardless of class or level or licensure, who operates a motor vehicle with any measurable alcohol in his or her system is subject to the provisions of section two, article five, and section two, article five-a of chapter seventeen-c of this code. Any person under the age of eighteen, regardless of class or licensure level, is subject to the mandatory school attendance provisions of section eleven, article eight, chapter eighteen of this code.

(i)

-- An applicant fifteen years and six months or older meeting all other requirements prescribed in this code may be issued a level one instruction permit.
(1)

-- The division may not issue a level one instruction permit unless the applicant:
(A) Presents a completed application, as prescribed by the provisions of section six of this article, and which is accompanied by a writing, duly acknowledged, consenting to the issuance of the graduated driver's license and executed by a parent or guardian entitled to custody of the applicant;
(B) Presents a certified birth certificate issued by a state or other governmental entity responsible for vital records, evidencing that the applicant meets the minimum age requirement;
(C) Passes the vision and written knowledge examination, and completes the driving under the influence awareness program, as prescribed in section seven of this article;
(D) Presents a current school enrollment form or otherwise shows compliance with the provisions of section eleven, article eight, chapter eighteen of this code; and
(E) Pays a fee of five dollars.
(2)

-- A level one instruction permit issued under the provisions of this section is valid for a period of one year and is not renewable. However, any permit holder who allows his or her permit to expire prior to successfully passing the road skills portion of the driver examination, and who has not committed any offense which requires the suspension, revocation or cancellation of the instruction permit, may reapply for a new instruction permit. The division shall immediately revoke the permit upon receipt of a second conviction for a moving violation of traffic regulations and laws of the road or violation of the terms and conditions of a level one instruction permit, which convictions have become final unless a greater penalty is required by this section or any other provision of this code. Any person whose instruction permit has been revoked is disqualified from retesting for a period of ninety days. However, after the expiration of ninety days, that person may retest if otherwise eligible. In addition to all other provisions of this code for which a driver's license may be restricted, suspended, revoked or canceled, the holder of a level one instruction permit may only operate a motor vehicle under the following conditions:
(A) Under the direct supervision of a licensed driver, twenty-one years of age or older, or a driver's education or driving school instructor who is acting in an official capacity as an instructor, who is fully alert and unimpaired, and the only other occupant of the front seat. The vehicle may be operated with a maximum of two additional passengers;
(B) Between the hours of five a.m. and ten p.m.;
(C) If all occupants use safety belts, unless exempted in accordance with the provisions of subsection (b), section forty-nine, article fifteen, chapter seventeen-c of this code;
(D) Without any measurable blood alcohol content, in accordance with the provisions of subsection (h), section two, article five, chapter seventeen-c of this code; and
(E) Maintains current school enrollment or otherwise shows compliance with the provisions of section eleven, article eight, chapter eighteen of this code.
(j)

-- An applicant sixteen years of age or older, meeting all other requirements of the code, may be issued a level two intermediate driver's license.
(1)

-- The division may not issue a level two intermediate driver's license unless the applicant:
(A) Presents a completed application as prescribed in section six of this article;

(B) Has held the level one instruction permit conviction free for the one hundred eighty days immediately preceding the date of application for a level two intermediate license;
(C) Has completed either a driver's education course approved by the state department of education or fifty hours of behind the wheel driving experience certified by a parent or legal guardian on the form prescribed by the division;
(D) Presents a current school enrollment form or otherwise shows compliance with the provisions of section eleven, article eight, chapter eighteen of this code;
(E) Passes the road skills examination as prescribed by section seven of this article; and
(F) Pays a fee of five dollars.

(2)

-- A level two intermediate driver's license issued under the provisions of this section is valid until the last day of the month of the applicant's eighteenth birthday, or until the licensee qualifies for a level three full Class E license, whichever comes first. In addition to all other provisions of this code for which a driver's license may be restricted, suspended, revoked or canceled, the holder of a level two intermediate driver's license may only operate a motor vehicle under the following conditions:

(A) Unsupervised between the hours of five a.m. and ten p.m.;
(B) Only under the direct supervision of a licensed driver, age twenty-one years or older, between the hours of ten p.m. and five a.m. except when the licensee is going to or returning from:
(i) Lawful employment;
(ii) A school sanctioned activity;
(iii) A religious event; or
(iv) An emergency situation that requires the licensee to operate a motor vehicle to prevent bodily injury or death of another;
(C) If all occupants use safety belts, unless exempted in accordance with the provisions of subsection (b), section forty-nine, article fifteen, chapter seventeen-c of this code;
(D) Operates the vehicle with a maximum of three passengers in addition to the driver;
(E) Without any measurable blood alcohol content in accordance with the provisions of subsection (h), section two, article five, chapter seventeen-c of this code:
(F) Maintains current school enrollment or otherwise shows compliance with the provisions of section eleven, article eight, chapter eighteen of this code;
(G) Upon the first conviction for a moving traffic violation or a violation of (A), (B) , (C) or (D) above of the terms and conditions of a level two intermediate driver's license, the licensee shall enroll in an approved driver improvement program unless a greater penalty is required by this section or by any other provision of this code; and
(H) Upon the second conviction for a moving traffic violation or a violation of the terms and conditions of the level two intermediate driver's license, the licensee's privilege to operate a motor vehicle shall be revoked or suspended for the applicable statutory period or until the licensee's eighteenth birthday, whichever is longer unless a greater penalty is required by this section or any other provision of this code. Any person whose driver's license has been revoked as a level two intermediate driver, upon reaching the age of eighteen years and if otherwise eligible may reapply for an instruction permit, then a driver's license in accordance with the provisions of sections five, six and seven of this article.

(k)

-- A licensee at least seventeen years of age, who meets all other requirements of the code, may be issued a level three full Class E license without further examination or driver testing.
(1)

-- The division may not issue a level three full Class E license unless the licensee has reached the age of eighteen and paid the appropriate fees; or

(A) Presents a completed application as prescribed by the provisions of section six of this article;
(B) Has held the level two intermediate license conviction-free for the twelve-month period immediately preceding the date of application;
(C) Has completed any driver improvement program required under subsection (k); and
(D) Pays a fee of two dollars and fifty cents for each year the license is valid. An additional fee of fifty cents shall be collected to be deposited in the combined voter registration and driver's licensing fund established in the provisions of section twelve, article two, chapter three of this code.

(2)

-- The level three license is valid until the last day of the month of the licensee's twenty-first birthday. Unless otherwise provided in this section or any other section of the code, the holder of a level three, full Class E license is subject to the same terms and conditions as the holder of a regular Class E driver's license. However, nothing in this subsection confers on the licensee, any benefit or duty determined solely by age.

§17B-2-6. Application for license or instruction permit; fee to accompany application.

Any person who has not been previously licensed must hold an instruction permit for a minimum of thirty days. For the purposes of this section, the term previously licensed means a person who has obtained at least a level two or comparable graduated license issued under the provisions of this article or a comparable level or greater if previously licensed in another state.

§17B-2-7b. Separate examination and endorsement for a license valid for operation of motorcycle.

Any applicant who successfully completes the motorcycle examination on a motorcycle with a piston displacement of five hundred cubic centimeters or less is restricted to the operation of only motorcycles with a piston displacement of five hundred cubic centimeters or less.

§17B-2-8. Issuance and contents of licenses; fees.

§18-6-2. Where provided; implementation deadlines; priorities for course availability.

§18-6-3. State board to establish minimum course standards; students with mental or physical defects; minimum standards specified.

§18-6-4. Rules.

§18-6-5. Establishment and maintenance of driver education course; who may enroll; exemption from learner's permit requirement.

§18-6-8. Driver education course to be made available to all secondary school pupils prior to their graduation; exemption; application by pupil for unrestricted operator's license.