Senate Bill No. 102
(By Senators Ross, Dempsey, Minard and Sharpe)
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[Introduced January 10, 2003; 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.