Senate Bill No. 399
(By Senator Kessler)
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[Introduced January 31, 2007; referred to the Committee on
Transportation and Infrastructure.]
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A BILL to amend and reenact §17B-2-1a, §17B-2-3a, §17B-2-6,
§17B-2-7 and §17B-2-8 of the Code of West Virginia, 1931, as
amended, all relating to the issuance of driver's licenses;
disposition of surrendered licenses; removing an obsolete
provision related to the issuance of a driver's license
without a photo; providing for the use of a passport in lieu
of a birth certificate; and requiring an applicant to pay a
fee for each attempt at the written examination prior to
obtaining an instruction permit.
Be it enacted by the Legislature of West Virginia:
That §17B-2-1a, §17B-2-3a, §17B-2-6, §17B-2-7 and §17B-2-8 of
the Code of West Virginia, 1931, as amended, be amended and
reenacted, all to read as follows:
ARTICLE 2. ISSUANCE OF LICENSE, EXPIRATION AND RENEWAL.
§17B-2-1a. Surrender of license from other state or jurisdiction prior to receipt of license from this state;
examination; fees required.
(a) The Division of Motor Vehicles shall not issue a driver's
license to a person who holds a valid license to operate a motor
vehicle issued by another state or jurisdiction unless or until the
applicant shall surrender to the division the foreign license or
the person has signed and submitted to the division an affidavit to
the effect that the person has surrendered all valid licenses
issued to him or her by other states or jurisdictions. Any
surrendered license issued by any other state or jurisdiction shall
be returned to the Division of Motor Vehicles or similar agency in
that state or jurisdiction together with destroyed and the division
shall notify the original state of licensure a notice that the
person who surrendered the license has been licensed in this state.
It shall be unlawful for a person to possess more than one valid
driver's license at any time.
(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. The division may assign the
driver's license class, type, endorsements or restrictions based on
the applicant's prior licensing status, age and the type of
licensing system used by the state of prior licensing.
(c) All other applicable provisions of this article relating
to issuance, fees, expiration and renewal of licenses and driver
examination of applicants shall also apply to this section.
§17B-2-3a. Graduated driver's licenses.
(a) Any person under the age of eighteen 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 the following provisions.
(b) Any person under the age of twenty-one, regardless of
class or level of 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, chapter seventeen-c of
this code
and section two, article five-a of said chapter. 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.
(c) Level one instruction permit. -- An applicant who is
fifteen years or older meeting all other requirements prescribed in
this code may be issued a level one instruction permit.
(1) Eligibility. -- The division shall 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 or a certified copy
of a birth certificate issued by a state or other governmental
entity responsible for vital records or a valid and unexpired
passport issued by the United States evidencing that the applicant
meets the minimum age requirement and verifiable identity;
(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 which shall permit the
applicant two attempts at the written knowledge test.
(2) Terms and conditions of instruction permit. -- A level one
instruction permit issued under the provisions of this section is
valid until thirty days after the date the applicant attains the
age of eighteen 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 under the provisions of section six of
this article. 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, the 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 no
more than two additional passengers, unless the passengers are
family members;
(B) Between the hours of five a. m. and eleven p. m.;
(C) All occupants must use safety belts in accordance with the
provisions of 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.
(F) A holder of a level one instruction permit or a level two
intermediate driver's license who is under the age of eighteen
years may not use a wireless communication device while operating
a motor vehicle unless the use of the wireless communication device
is for contacting a 911 system. A law-enforcement officer may
enforce the provisions of this paragraph only as a secondary action
when a law-enforcement officer with probable cause detains a driver
for a suspected violation of another provision of this code.
(d) Level two intermediate driver's license. -- 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) Eligibility. -- The division shall 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 thirty hours of behind-the-
wheel driving experience certified by a parent or legal guardian or
other responsible adult over the age of twenty-one as indicated on the form prescribed by the division: Provided, That nothing in
this paragraph shall be construed to require any school or any
county board of education to provide any particular number of
driver's education courses or to provide driver's education
training to any student;
(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) Terms and conditions of a level two intermediate driver's
license. -- A level two intermediate driver's license issued under
the provisions of this section shall expire thirty days after the
applicant attains the age of eighteen 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 eleven p.
m.;
(B) Only under the direct supervision of a licensed driver,
age twenty-one years or older, between the hours of eleven 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) All occupants shall use safety belts in accordance with
the provisions of section forty-nine, article fifteen, chapter
seventeen-c of this code;
(D) Operates the vehicle with no more than three passengers
under the age of nineteen, unless the passengers are family
members, 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) A holder of a level one instruction permit or a level two
intermediate driver's license who is under the age of eighteen
years may not use a wireless communication device while operating
a motor vehicle, unless the use of the wireless communication
device is for contacting a 911 system. A law-enforcement officer
may enforce the provisions of this paragraph only as a secondary action when a law-enforcement officer with probable cause detains
a driver for a suspected violation of another provision of this
code.
(H) Upon the first conviction for a moving traffic violation
or a violation of paragraph (A), (B), (C), (D) or (G), subdivision
(1) of this subsection 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.
At the discretion of the commissioner, completion of an
approved driver improvement program may be used to negate the
effect of a minor traffic violation as defined by the commissioner
against the one-year conviction-free driving criteria for early
eligibility for a level three driver's license; and
(I) 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.
(e) Level three, full Class E license. -- The level three
license is valid until the day designated by the commissioner of
the month in which the licensee attains the age of twenty-one.
Unless otherwise provided in this section or any other section of
this 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.
A level two intermediate licensee whose privilege to operate
a motor vehicle has not been suspended, revoked or otherwise
canceled and who meets all other requirements of the code, may be
issued a level three full Class E license without further
examination or road skills testing, if the licensee:
(1) Has reached the age of seventeen years; and
(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 the application;
(C) Has completed any driver improvement program required
under paragraph (G), subdivision (2), subsection (d) of this
section; 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 section twelve, article two,
chapter three of this code; or
(2) Reaches the age of eighteen years; and
(A) Presents a completed application as prescribed by the
provisions of section six of this article; and
(B) 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 section twelve, article two,
chapter three of this code.
§17B-2-6. Application for license or instruction permit; fee to
accompany application.
(a) Every application for an instruction permit or for a
driver's license shall be made upon a form furnished by the
division. Every application shall be accompanied by the proper fee
and payment of the fee shall entitle an applicant under the age of
eighteen to not more than two attempts at the written test or three
attempts to pass the road skills test. An applicant age eighteen
years or older is entitled to not more than two attempts at the
written test or three attempts to pass the road skills test within
a period of sixty days from the date of issuance of the instruction
permit. An applicant who fails either the written test or the road
skills test may not be tested twice within a period of one week.
(b) Any applicant 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 an
applicant who has obtained at least a level two graduated license
or junior driver's license issued under the provisions of this
article or has obtained an equal or greater level of licensure if
previously licensed in another state.
(c) Every said application shall state the full name, date of
birth, sex and residence address of the applicant and briefly
describe the applicant and shall state whether the applicant has
theretofore been a licensed driver and, if so, when and by what
state or country and whether any such license has ever been
suspended or revoked within the five years next preceding the date
of application or whether an application has ever been refused and,
if so, the date of and reason for the suspension, revocation or
refusal, whether the applicant desires a notation on the driver's
license indicating that the applicant is an organ donor, in
accordance with article one-b of this chapter, a diabetic, deaf or
hard of hearing or has any other handicap or disability and such
other pertinent information as the commissioner may require.
§17B-2-7. Examination of applicants.
(a) Upon the presentment of the applicant's birth certificate,
or a certified copy of the birth certificate issued by a state or
other governmental entity responsible for vital records or a valid
and unexpired passport issued by the United States government as
evidence that the applicant is of lawful age and verifiable
identity, the Division of Motor Vehicles shall examine every applicant for a license to operate a motor vehicle in this state,
except as otherwise provided in this section. The examination
shall include a test of the applicant's eyesight, the applicant's
ability to read and understand highway signs regulating, warning
and directing traffic, the applicant's knowledge of the traffic
laws of this state and the applicant's knowledge of the effects of
alcohol upon persons and the dangers of driving a motor vehicle
under the influence of alcohol. The examination shall also include
an actual demonstration of ability to exercise ordinary and
reasonable control in the operation of a motor vehicle and any
further physical and mental examination as the Division of Motor
Vehicles considers necessary to determine the applicant's fitness
to operate a motor vehicle safely upon the highways.
(b) The commissioner shall propose legislative rules for
promulgation in accordance with the provisions of article three,
chapter twenty-nine-a of this code concerning the examination of
applicants for licenses and the qualifications required of
applicants and the examination of applicants by the division shall
be in accordance with the rules. The rules shall provide for the
viewing of educational material or films on the medical, biological
and psychological effects of alcohol upon persons, the dangers of
driving a motor vehicle while under the influence of alcohol and
the criminal penalties and administrative sanctions for alcohol-
and drug-related motor vehicle violations.
(c) After successful completion of the examination required by this section, section three-a or seven-b of this article, and
prior to the issuance of a license pursuant to the provisions of
section eight of this article, every applicant for a driver's
license, junior driver's license, graduated driver's license or
motorcycle-only license shall attend a mandatory education class on
the dangers and social consequences of driving a motor vehicle
while under the influence of alcohol. To the extent practicable,
the commissioner shall use as lecturers at those classes persons
who can relate first-hand experiences as victims or family members
of victims of alcohol-related accidents or drivers who have been
involved in alcohol-related accidents which caused serious bodily
injury or death.
§17B-2-8. Issuance and contents of licenses; fees.
(a) The division shall, upon payment of the required fee,
issue to every applicant qualifying therefor a driver's license
which shall indicate the type or general class or classes of
vehicle or vehicles the licensee may operate in accordance with
this chapter or chapter seventeen-e of this code or motorcycle-only
license. Each license shall contain a coded number assigned to the
licensee, the full name, date of birth, residence address, a brief
description and a color photograph of the licensee and either a
facsimile of the signature of the licensee or a space upon which
the signature of the licensee shall be written with pen and ink
immediately upon receipt of the license. No license is valid until
it has been so signed by the licensee. Provided, that the commissioner may issue upon proper documentation, a duplicate or
renewed valid without-photo license for resident applicants
temporarily out of state A driver's license which is valid for
operation of a motorcycle shall contain a motorcycle endorsement.
The division shall use such process or processes in the issuance of
licenses that will, insofar as possible, prevent any alteration,
counterfeiting, duplication, reproduction, forging or modification
of, or the superimposition of a photograph on, the license.
(b) The fee for the issuance of a Class E driver's license is
two dollars and fifty cents per year for each year the license is
issued to be valid. The fee for issuance of a Class D driver's
license is six dollars and twenty-five cents per year for each year
the license is issued to be valid. An additional fee of fifty
cents shall be collected from the applicant at the time of original
issuance or each renewal and the additional fee shall be deposited
in the Combined Voter Registration and Driver's Licensing Fund
established pursuant to the provisions of section twelve, article
two, chapter three of this code. The additional fee for adding a
motorcycle endorsement to a driver's license is one dollar per year
for each year the license is issued.
The fee for issuance of a motorcycle-only license is two
dollars and fifty cents for each year for which the motorcycle
license is to be valid. The fees for the motorcycle endorsement or
motorcycle-only license shall be paid into a special fund in the
State Treasury known as the Motorcycle Safety Fund as established in section seven, article one-d of this chapter.
(c) On or after the first day of January, two thousand one,
the fee for the issuance of either the level one or level two
graduated driver's license as prescribed in section three-a of this
article is five dollars.
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(NOTE: The purpose of this bill is to eliminate the
requirement to send surrendered driver's licenses back to the
original state of licensure. The bill also would require applicants
for an instruction permit to pay for each attempt to successfully
pass the written test while including the organ donor option in a
particular section where it currently does not exist.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)