Senate Bill No. 541
(By Senator Bailey)
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[Introduced February 18, 2000; referred to the Committee
on Transportation.]
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A BILL to amend and reenact sections six and eight, article three,
chapter seventeen-b of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, all relating to the
suspension of a driver's license or privilege to drive a motor
vehicle; and limiting the suspension period to six months
when medical reasons are the cause of the suspension.
Be it enacted by the Legislature of West Virginia:
That sections six and eight, article three, chapter
seventeen-b of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted, all to read as
follows:
ARTICLE 3. CANCELLATION, SUSPENSION OR REVOCATION OF LICENSES.
§17B-3-6. Authority of division to suspend or revoke license;
hearing.
(a) The division is hereby authorized to suspend the driver's
license of any person without preliminary hearing upon a showing by
its records or other sufficient evidence that the licensee:
(1) Has committed an offense for which mandatory revocation of
a driver's license is required upon conviction;
(2) Has by reckless or unlawful operation of a motor vehicle,
caused or contributed to an accident resulting in the death or
personal injury of another or property damage;
(3) Has been convicted with such frequency of serious offenses
against traffic regulations governing the movement of vehicles as
to indicate a disrespect for traffic laws and a disregard for the
safety of other persons on the highways;
(4) Is an habitually reckless or negligent driver of a motor
vehicle;
(5) Is incompetent to drive a motor vehicle;
(6) Has committed an offense in another state which if
committed in this state would be a ground for suspension or
revocation;
(7) Has failed to pay or has defaulted on a plan for the payment of all costs, fines, forfeitures or penalties imposed by a
magistrate court or municipal court within ninety days, as required
by section two-a, article three, chapter fifty or section two-a,
article ten, chapter eight of this code;
(8) Has failed to appear or otherwise respond before a
magistrate court or municipal court when charged with a motor
vehicle violation as defined in section three-a of this article;
(9) Is under the age of eighteen and has withdrawn either
voluntarily or involuntarily from a secondary school, as provided
in section eleven, article eight, chapter eighteen of this code; or
(10) 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
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;
or
(11) Is not capable of driving a motor vehicle due to one or more medical reasons.
(b) The driver's license of any person having his or her
license suspended shall be reinstated if:
(1) The license was suspended under the provisions of
subdivision (7), subsection (a) of this section and the payment of
costs, fines, forfeitures or penalties imposed by the applicable
court has been made;
(2) The license was suspended under the provisions of
subdivision (8), subsection (a) of this section, and the person
having his or her license suspended has appeared in court and has
prevailed against the motor vehicle violations charged; or
(3) The license was suspended under the provisions of
subdivision (10), subsection (a) of this section, and 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.
(c) Any reinstatement of a license under subdivision (1), (2)
or (3), subsection (b) of this section shall be subject to a
reinstatement fee designated in section nine of this article.
(d) Upon suspending the driver's license of any person as
hereinbefore authorized in this section, authorized the division
shall immediately notify the licensee in writing, sent by certified
mail, return receipt requested, to the address given by the
licensee in applying for license, and upon his the licensee's
request shall afford him the licensee an opportunity for a hearing
as early as practical within not to exceed twenty days after
receipt of such the request in the county wherein where the
licensee resides unless the division and the licensee agree that
such the hearing may be held in some other county. Upon such
hearing The commissioner or his duly authorized agent may
administer oaths and may issue subpoenas for the attendance of
witnesses and the production of relevant books and papers and may
require a reexamination of the licensee. Upon such After the
hearing the division shall either rescind its order of suspension
or, if good cause appearing therefor exists, may extend the
suspension of such the license or revoke such the license. The
provisions of this subsection (d) providing for notice and hearing
are not applicable to a suspension under subdivision (10),
subsection (a) of this section.
§17B-3-8. Suspension for more than one year.
The department shall division may not suspend a driver's
license or privilege to drive a motor vehicle on the public
highways for a period of more than one year, except:
(1) As provided in chapter seventeen-c of this code; and
(2) When suspending a license or privilege to drive a motor
vehicle under the provisions of subdivision (11), subsection (a),
section six of this article the period may not exceed six months.
NOTE: The purpose of this bill is to reduce the period, from
one year to six months, the Division of Motor Vehicles may suspend
a driver's license of a person who is not capable of driving a
motor vehicle due to medical reasons.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.