Senate Bill No. 683

(By Senator Craigo)

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[Introduced February 18, 2002; referred to the Committee

on the Judiciary.]

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A BILL to amend and reenact sections five and seven, article two-a, chapter seventeen-d of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to suspension of driving privileges resulting from driving an uninsured motor vehicle; and providing exceptions to suspensions for driving without insurance.

Be it enacted by the Legislature of West Virginia:
That sections five and 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, all to read as follows:
ARTICLE 2A. SECURITY UPON MOTOR VEHICLES.
§17D-2A-5. Cancellation of insurance policy; suspension of registration; minimum policy term.

(a) An insurance company shall provide the division of motor vehicles with a cancellation notice within ten days of the effective date of cancellation whenever the company issues or causes to be issued a cancellation under the provisions of subsections (b) through (e), section one, article six-a, chapter thirty-three of this code. Unless the division of motor vehicles by legislative rule allows for an alternative to suspension, the division shall then suspend the driver license of the owner of such the vehicle for a period of thirty days and shall suspend the motor vehicle registration until proof of insurance is presented to the division: Provided, That the division may authorize an owner suspended for the first time, due to failure to provide proof of security, to drive to and from work during the suspension period if the division reasonably concludes that the owner did not have proof of security due to circumstances beyond his or her control or as the result of the existence of extraordinary circumstances that mitigate the owner's omission to have the security in force and if the owner acquires proof of the security in compliance with this article prior to the authorization. The commissioner shall propose legislative rules in accordance with article three, chapter twenty- nine-a of this code designed to insure the even-handed application of uniform standards in applying this provision. If, within the thirty-day period a license or registration is suspended, the owner shows proof of insurance, the owner's license and registration shall be immediately removed from suspension. If a license or registration is not suspended as result of the cancellation of insurance, the owner of the motor vehicle shall submit a statement under penalty of false swearing, that the cancellation will not result in the operation of an uninsured motor vehicle upon the highways of this state, and this verification shall be sent to the commissioner within twenty days of the notice of cancellation.
(b) On or before the fifteenth day of January, one thousand nine hundred eighty-five, the commissioner of motor vehicles shall report to the Legislature upon proceedings pursuant to this section. The report shall include the total number of statements selected for verification as required by section three, article three, chapter seventeen-a, the total number of notices received from insurers, the total number of notices of pending suspensions issued and the total number of cases in which cancellation was found to have resulted in a lapse of coverage upon a vehicle operated upon the highways of this state during the prior year.
(c) (b) No policy of motor vehicle liability insurance issued or delivered for issuance in this state shall be contracted for a period of less than ninety days: Provided, That the insurance commissioner may establish exceptions thereto by rules and regulations to chapter twenty-nine-a.
§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 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: Provided, however, That the commissioner may authorize an owner, suspended for the first time due to failure to provide proof of security, to drive to and from work during the suspension period if the commissioner reasonably concludes that the owner did not have proof of security due to circumstances beyond his or her control or as the result of the existence of extraordinary circumstances that mitigate the owner's omission to have the security in force and if the owner acquires proof of the security in compliance with this article prior to the authorization. The commissioner shall propose legislative rules in accordance with article three, chapter twenty-nine-a of this code designed to insure the even-handed application of uniform standards in applying this provision.
(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 determination.
(e) 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 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 that 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 the hearing. Upon affirmation of the commissioner's order, the period of suspension or revocation shall commence to run.
(f) Such 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) 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 authorize the commissioner of motor vehicles to allow owners of vehicles suspended for the first time for no proof of insurance to authorize these owners to drive to and from work during the thirty-day suspension period if the commissioner determines that the owner did not have insurance due to circumstances beyond their control or otherwise due to extraordinary circumstances that provide a reason to mitigate the owner's omission to have the insurance in force.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.