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Introduced Version House Bill 2493 History

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hb2493 intr
H. B. 2493


          (By Delegates Staggers, L. Phillips,
          Guthrie, Swartzmiller and Stephens)
          [Introduced
February 15, 2013 ; referred to the
Committee on Roads and Transportation then the Judiciary.]


A BILL to amend and reenact §17B-2-2 of the Code of West Virginia, 1931, as amended, relating to driver's licensing; providing an exemption from the requirement for a Class D drivers license for certain nonresident drivers.
Be it enacted by the Legislature of West Virginia:
     That §17B-2-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 2. ISSUANCE OF LICENSE, EXPIRATION AND RENEWAL.
§17B-2-2. Persons exempt from license.
     The following persons are exempt from license hereunder:
     (1) Any person while operating a motor vehicle in the armed services of the United States while in the performance of his or her official duties;
     (2) A nonresident who is at least sixteen years of age and who has in his or her immediate possession a valid driver's license issued to the person in the person's home state or country unless the commissioner determines the person's home state or country does not extend the same privileges to a resident of this state, may operate a motor vehicle in this state only as a noncommercial driver for a period not to exceed ninety days in any one calendar year;
     (3) A nonresident who is at least sixteen years of age, who has in the person's immediate possession a valid driver's license issued to the person in the person's home state or country and who is employed in this state, or owns, maintains or operates a place or places of business in this state, or engages in any trade, profession or occupation in this state, in addition to the driving privileges extended under subdivision (2) of this section, unless the commissioner determines the person's home state or country does not extend the same privileges to a resident of this state, may operate a motor vehicle in this state only as a noncommercial driver in traveling to and from the person's place or places of employment, place or places of business or place or places at which the person engages in the trade, profession or occupation and in the discharge of the duties of the person's employment, business, trade, profession or occupation if the duties are such that, if performed by a resident of the State of West Virginia over the age of eighteen years of age, the resident would not be required under the provisions of this chapter to obtain a Class A, B, C or D driver's license: Provided, That a nonresident driver who meets the minimum age and experience requirements for a Class D driver's license pursuant to subdivision (2), subsection (c), section one, article two, chapter seventeen-b of the code who is licensed in a jurisdiction that does not offer an equivalent driver's license may operate a motor vehicle in this state that requires a resident to have a Class D license. However, this subsection shall not exempt any person who is required to obtain a West Virginia driver's license in accordance with the provisions of section one-a of this article;
     (4) A nonresident who is at least eighteen years of age and who has in his or her immediate possession a valid commercial driver's license issued to the person in his or her home state or country and which meets the requirements of the federal Commercial Motor Vehicle Act of 1986, Title XI of public law 99-570 and unless the commissioner determines the person's home state or country does not extend the same privilege to a resident of this state may operate a motor vehicle in this state either as a commercial driver subject to the age limits applicable to commercial driver in this state, or as a noncommercial driver subject to the limitations imposed on nonresident drivers in subdivisions (2) and (3) of this section;
     (5) Any person who is a student, properly enrolled and registered in an accredited school, college or university in this state, who is at least sixteen years of age and who has in his or her immediate possession a valid driver's license issued to the person in the person's home state, notwithstanding the limitations of subdivisions (2) and (3) of this section may operate a motor vehicle in this state only as noncommercial driver: Provided, That the state of which the person is a resident shall extend the same privileges to residents of this state. This exemption shall be canceled immediately when the student is graduated from school, college or university or is expelled or ceases to be a student.

     NOTE: The purpose of this bill is to provide reciprocity to certain nonresidents whose primary occupation is operating motor vehicles which would require a Class D license in this state but do not require an equivalent licence in the nonresident's state. Operation of vehicles requiring a Class D license does not require a commercial driver's license.

     This legislation was recommended for passage in the 2013 Regular Session by the Legislative Select Committee on Infrastructure.

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