Senate Bill No. 64
(By Senators Ross, Redd, Love, Oliverio and Facemyer)
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[Introduced January 9, 2002; referred to the Committee
on Transportation.]
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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
allowing holders of suspended commercial driver's licenses
to continue operating a commercial motor vehicle under
certain specific, limited 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;
reinstatement.
(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 the 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 presents 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 may 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 the person. The commissioner may
request additional information as needed in order to make such
the determination.
(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 the person:
(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 is 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 may 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 is first be
given written notice of such the suspension or revocation sent
by certified mail, at least twenty days prior to the effective
date of such the suspension or revocation, and upon such the
person's written request, sent by certified mail, he or she
shall be afforded an opportunity for a hearing thereupon on the
suspension or revocation as well as a stay of the commissioner's order of suspension or revocation and an opportunity for
judicial review of such the hearing. Upon affirmation of the
commissioner's order, the period of suspension or revocation
shall commence begins to run.
(f) Such (i) The suspended driver's license shall be
reinstated following the period of suspension upon compliance
with the conditions set forth in this article and such the
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, the period of suspension shall
be for a period of ninety days.
NOTE: The purpose of this bill is to allow holders of
suspended commercial driver's licenses to continue operating a
commercial motor vehicle under certain specific, limited
circumstances.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.