WEST virginia Legislature
2017 regular session
By
[
to the Committee on Roads and Transportation then the Judiciary.
A BILL to amend and
reenact §17B-1-1 of the Code of West Virginia, 1931, as amended; to amend and
reenact §17B-2-7b of said code; to amend said code by adding thereto a new section,
designated §17C-1-69; and to amend and reenact §17C-15-44 of said code, all
relating to autocycles; defining “autocycle”; creating an autocycle exemption
from motorcycle examination, licensing and endorsement requirements; allowing a
person with a valid driver's license to operate an autocycle; creating an
autocycle exemption from helmet and certain other motorcycle or motor-driven
cycle safety requirements; deleting obsolete language regarding the motorcycle
safety and education committee; and making technical corrections.
Be it enacted by the
Legislature of West Virginia
That §17B-1-1 of the Code of West Virginia, 1931, as
amended, be amended and reenacted; that §17B-2-7b of said code be amended and reenacted;
that said code be amended by adding thereto a new section, designated §17C-1-69;
and that §17C-15-44 of said code be amended and reenacted, all to read as
follows:
CHAPTER 17B. MOTOR
VEHICLE DRIVER'S LICENSES.
ARTICLE 1. WORDS AND
PHRASES DEFINED.
17B-1-1. Definitions.
The following words and
phrases when used in this chapter shall, for the purpose of this chapter, have
the meanings respectively ascribed to them in this article:
(a) Vehicle. --
Every device in, upon, or by which any person or property is or may be
transported or drawn upon a public highway, excepting devices moved by human
power or used exclusively upon stationary rails or tracks;
(b) Motor vehicle.
-- Every vehicle which is self-propelled and every vehicle which is propelled
by electric power obtained from overhead trolley wires, but not operated upon
rails;
(c) Motorcycle.
-- Every motor vehicle having a seat or saddle for the use of the rider and
designed to travel on not more than three wheels in contact with the ground,
but excluding a farm tractor as defined herein, a moped as defined in section
five-a, article one, chapter seventeen-c of this code, a snowmobile as defined
in section one-mm, article one, chapter seventeen-a of this code and an
all-terrain vehicle as defined in section one-ii, article one, chapter
seventeen-a of this code;
(d) Farm tractor.
-- Every motor vehicle designed and used primarily as a farm implement for
drawing plows, mowing machines, and other implements of husbandry;
(e) School bus.
-- Every motor vehicle owned by a public governmental agency and operated for
the transportation of children to or from school or privately owned and
operated for compensation for the transportation of children to or from school;
(f) Person. --
Every natural person, firm, copartnership, association or corporation;
(g) Operator. --
Every person, other than a chauffeur, who drives or is in actual physical
control of a motor vehicle upon a highway or who is exercising control over or
steering a vehicle being towed by a motor vehicle;
(h) Chauffeur. --
Every person who is employed by another for the principal purpose of driving a
motor vehicle and every person who drives a school bus transporting school
children or any motor vehicle when in use for the transportation of persons or
property for compensation;
(i) Driver. --
Means any person who drives, operates or is in physical control of a motor
vehicle, in any place open to the general public for purposes of vehicular
traffic, or who is required to hold a driver's license;
(j) Driver's License. --
Means any permit or license issued by this state to a person which authorizes
the person to drive a motor vehicle of a specific class or classes subject to
any restriction or endorsement contained thereon;
(k) Owner. -- A
person who holds the legal title of a vehicle or in the event a vehicle is the
subject of an agreement for the conditional sale or lease thereof with the
right of purchase upon performance of the conditions stated in the agreement
and with an immediate right of possession vested in the conditional vendee or
lessee, or in the event a mortgagor of a vehicle is entitled to possession,
then such conditional vendee or lessee or mortgagor shall be deemed the owner
for the purpose of this chapter;
(l) Nonresident.
-- Every person who is not a resident of this state;
(m) Street or
highway. -- The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the public for
purposes of vehicular travel;
(n) Commissioner. --
The Commissioner of Motor Vehicles of this state;
(o) Division. --
The Division of Motor Vehicles of this state acting directly or through its
duly authorized officers or agents;
(p) Suspension. --
Suspension means that the driver's license and privilege to drive a motor
vehicle on the public highways are temporarily withdrawn but only during the
period of such suspension;
(q) Revocation.
-- Revocation means that the driver's license and privilege to drive a motor
vehicle on the public highways are terminated and shall not be renewed or
restored, except that an application for a new license may be presented and
acted upon by the division after the expiration of at least one year after the
date of revocation, except as otherwise provided in section two, article
five-a, chapter seventeen-c of this code;
(r) Cancellation.
-- Cancellation means that a driver's license is annulled and terminated
because of some error or defect or because the licensee is no longer entitled
to such license, but the cancellation of a license is without prejudice and
application for a new license may be made at any time after such cancellation;
(s) 9-1-1 system means
an emergency telephone system or enhanced emergency telephone system as defined
in section two, article six, chapter twenty-four of this code;
(t) Wireless
communication device means a handheld device used to access a wireless telephone
service or a text messaging device.
The following words and
phrases when used in this chapter, for the purpose of this chapter, have the
meanings respectively ascribed to them in this article:
(a) Autocycle. — “Autocycle” means an enclosed motorcycle that is
equipped with safety belts, airbags, a roll bar, a windshield, wipers, a
steering wheel and equipment otherwise required on a motorcycle and which has
no more than three wheels in contact with the roadway at any one time.
(b) Cancellation.
— Cancellation means that a driver's license is annulled and terminated because
of some error or defect or because the licensee is no longer entitled to that
license, but the cancellation of a license is without prejudice and application
for a new license may be made at any time after such cancellation;
(c) Chauffeur. —
Every person who is employed by another for the principal purpose of driving a
motor vehicle and every person who drives a school bus transporting school
children or any motor vehicle when in use for the transportation of persons or
property for compensation;
(d) Commissioner. —
The Commissioner of Motor Vehicles of this state;
(e) Division. —
The Division of Motor Vehicles of this state acting directly or through its
duly authorized officers or agents;
(f) Driver. —
Means any person who drives, operates or is in physical control of a motor
vehicle, in any place open to the general public for purposes of vehicular
traffic, or who is required to hold a driver's license;
(g) Driver's License. —
Means any permit or license issued by this state to a person which authorizes
the person to drive a motor vehicle of a specific class or classes subject to
any restriction or endorsement contained thereon;
(h) Farm tractor.
— Every motor vehicle designed and used primarily as a farm implement for
drawing plows, mowing machines and other implements of husbandry;
(i) Motorcycle. —
Every motor vehicle having a seat or saddle for the use of the rider and
designed to travel on not more than three wheels in contact with the ground,
but excluding a farm tractor as defined herein, a moped as defined in section
five-a, article one, chapter seventeen-c of this code, a snowmobile as defined
in subsection (mm), section one, article one, chapter seventeen-a of this code
and an all-terrain vehicle as defined in subsection (ii), section one of that
article;
(j) Motor vehicle.
— Every vehicle which is self-propelled and every vehicle which is propelled by
electric power obtained from overhead trolley wires, but not operated upon
rails;
(k) 9-1-1 system. — 9-1-1 system means an emergency telephone system
or enhanced emergency telephone system as defined in section two, article six,
chapter twenty-four of this code;
(l) Nonresident.
— Every person who is not a resident of this state;
(m) Operator. —
Every person, other than a chauffeur, who drives or is in actual physical
control of a motor vehicle upon a highway or who is exercising control over or
steering a vehicle being towed by a motor vehicle;
(n) Owner. — A
person who holds the legal title of a vehicle or in the event a vehicle is the
subject of an agreement for the conditional sale or lease thereof with the
right of purchase upon performance of the conditions stated in the agreement
and with an immediate right of possession vested in the conditional vendee or
lessee, or if a mortgagor of a vehicle is entitled to possession, then the
conditional vendee or lessee or mortgagor is the owner for the purpose of this
chapter;
(o) Person. —
Every natural person, firm, copartnership, association or corporation;
(p) Revocation. —
Revocation means that the driver's license and privilege to drive a motor
vehicle on the public highways are terminated and shall not be renewed or
restored, except that an application for a new license may be presented and
acted upon by the division after the expiration of at least one year after the
date of revocation, except as otherwise provided in section two, article
five-a, chapter seventeen-c of this code;
(q) School bus. —
Every motor vehicle owned by a public governmental agency and operated for the
transportation of children to or from school or privately owned and operated
for compensation for the transportation of children to or from school;
(r) Street or
highway. — The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the public for
purposes of vehicular travel;
(s) Suspension. —
Suspension means that the driver’s license and privilege to drive a motor
vehicle on the public highways are temporarily withdrawn but only during the
period of the suspension;
(t) Vehicle. —
Every device in, upon, or by which any person or property is or may be
transported or drawn upon a public highway, excepting devices moved by human
power or used exclusively upon stationary rails or tracks;
(u) Wireless communication device. — Wireless communication device
means a handheld device used to access a wireless telephone service or a text
messaging device.
ARTICLE 2. ISSUANCE OF
LICENSE; EXPIRATION AND RENEWAL.
§17B-2-7b. Separate
examination and endorsement for a license valid for operation of motorcycle.
(a) The State Police shall administer a separate
motorcycle examination for applicants for a license valid for operation of a
motorcycle. On and after July 1, 2000, the Division of Motor Vehicles shall
administer the examination provided for in this section. Any applicant for a
license valid for operation of a motorcycle shall be required to successfully
complete the motorcycle examination, which is in addition to the examination
administered pursuant to section seven of this article and, if under the age of
eighteen, shall be required to complete the requirements for a level two
intermediate driver's license set forth
in paragraphs (B), (C) and (D), subdivision (1), subsection (j), section
three-a of this article: Provided, That the commissioner may exempt an applicant
for a motorcycle driver license or endorsement from all or part of the
motorcycle license examination as provided in section six, article one-d of
this chapter. The motorcycle examination shall test the applicant’s knowledge
of the operation of a motorcycle and of any traffic laws specifically relating
to the operation of a motorcycle and shall include an actual demonstration of
the ability to exercise ordinary and reasonable control in the operation of a
motorcycle. An applicant
for a license valid for the operation of only a motorcycle shall be tested as
provided in this section and in section seven of this article, but need not
demonstrate actual driving ability in any vehicle other than a motorcycle. The
examination provided in this section shall may not be made a
condition upon the renewal of the license of any person under this section. For
an applicant who successfully completes the motorcycle examination, upon
payment of the required fee, the division shall issue a motorcycle endorsement
on the driver's license of the applicant,
or shall issue a special motorcycle-only license if the applicant does not
possess a driver>s license: Provided, however, That any holder
of a motorcycle-only license under the age of eighteen shall be is
subject to the provisions of paragraphs (A), (B), (E), (F), (G) and (H),
subdivision (2), subsection (j), section three-a of this article.
Every person, including
those holding a valid driver's license,
is required to take the examination specified in this section to obtain a
motorcycle license or endorsement, unless exempted under subsection (b) of
this section.
(b) Notwithstanding any
provision of this code to the contrary, a person with a valid driver's license
who is operating an autocycle is exempt from the motorcycle examination,
licensing and endorsement requirements set forth in this article.
CHAPTER 17C. TRAFFIC
REGULATIONS AND LAWS OF THE ROAD.
ARTICLE 1. WORDS AND
PHRASES DEFINED.
§17C-1-69. Autocycle.
“Autocycle” means an
enclosed motorcycle that is equipped with safety belts, airbags, a roll bar, a
windshield, wipers, a steering wheel and equipment otherwise required on a
motorcycle, and which has no more than three wheels in contact with the roadway
at any one time.
ARTICLE 15. EQUIPMENT.
§17C-15-44. Safety
equipment and requirements for motorcyclists, motorcycles, motor-driven cycles
and mopeds; motorcycle safety standards and education committee.
(a) No person shall may
operate or be a passenger on any motorcycle or motor-driven cycle unless the
person is wearing securely fastened on his or her head by either a neck or chin
strap a protective helmet designed to deflect blows, resist penetration and
spread impact forces. Any helmet worn by an operator or passenger shall meet the
current performance specifications established by the American National
Standards Institute Standard, Z 90.1, the United States Department of
Transportation Federal Motor Vehicle Safety Standard No. 218 or Snell Safety
Standards for Protective Headgear for Vehicle Users.
(b) No person shall may
operate or be a passenger on any motorcycle or motor-driven cycle unless the
person is wearing safety, shatter-resistant eyeglasses (excluding contact
lenses), or eyegoggles eye goggles or face shield that complies
with the performance specifications established by the American National
Standards Institute for Head, Eye and Respiratory Protection, Z 2.1. In
addition, if any motorcycle, motor-driven cycle or moped is equipped with a
windshield or windscreen, the windshield or windscreen shall be constructed of
safety, shatter-resistant material that complies with the performance
specifications established by Department of Transportation Federal Motor
Vehicle Safety Standard No. 205 and American National Standards Institute,
Safety Glazing Materials for Glazing Motor Vehicles Operated on Land Highways,
Standard Z 26.1.
(c) No person shall may
operate a motorcycle, motor-driven cycle or moped on which the handlebars or
grips are more than fifteen inches higher than the uppermost part of the
operator's seat when the seat is not depressed in any manner.
(d) A person operating a
motorcycle, motor-driven cycle or moped shall ride in a seated position facing
forward and only upon a permanent operator’s seat attached to the vehicle. No
operator shall may carry any other person nor shall may
any other person ride on the vehicle unless the vehicle is designed to carry
more than one person, in which event a passenger may ride behind the operator
upon the permanent operator’s seat if it is designed for two persons, or upon
another seat firmly attached to the vehicle to the rear of the operator’s seat
and equipped with footrests designed and located for use by the passenger or in
a sidecar firmly attached to the vehicle. No person shall may ride
side saddle on a seat. An operator may carry as many passengers as there are
seats and footrests to accommodate those passengers. Additional passengers may
be carried in a factory produced sidecar provided that there is one passenger
per seat. Passengers riding in a sidecar shall be restrained by safety belts.
(e) Every motorcycle,
motor-driven cycle and moped shall be equipped with a rearview mirror affixed
to the handlebars or fairings and adjusted so that the operator shall have
has a clear view of the road and condition of traffic behind him or
her for a distance of at least two hundred feet.
(f) There is hereby
created a six member motorcycle safety and education committee consisting of:
The superintendent of the State Police or a designee; the Commissioner of Motor
Vehicles or a designee; the director of the West Virginia safety council or a
designee; a licensed motorcycle operator; an owner of a motorcycle dealership;
and a supplier of aftermarket nonfranchised motorcycle supplies. The
nongovernmental representatives shall be appointed by the Governor with the
advice and consent of the Senate, shall serve without compensation, and the
terms shall be for three years, except that as to the members first appointed,
one shall be appointed for a term of one year, one shall be appointed for a
term of two years and one shall be appointed for a term of three years. Members
may be reappointed to the committee.
The committee shall
continue to exist pursuant to the provisions of article ten, chapter four of
this code until July 1, 1999, to allow for the completion of a preliminary
performance review by the joint committee on government operations.
The committee is
hereby authorized to recommend to the superintendent of public safety types and
makes of protective helmets, eye protection devices and equipment offered for
sale, purchased or used by any person. The committee is authorized to make
recommendations to the Commissioner of Motor Vehicles regarding the use of the
moneys in the motorcycle safety fund created under section seven, article
one-d, chapter seventeen-b of this code
Notwithstanding any provision of this code to the contrary, a person with a
valid driver’s license who is operating an autocycle, as defined in section
sixty-nine, article one of this chapter, is exempt from the provisions of this section.
NOTE: The purpose of this bill is to
create an exemption for autocycles which are enclosed motorcycles that are
equipped with safety belts, airbags, a roll bar, a windshield, wipers, a
steering wheel and equipment otherwise required on a motorcycle, and which have
no more than three wheels in contact with the roadway at any one time. A person
may operate an autocycle with a valid driver's license and is exempt from the
motorcycle examination, licensing and endorsement requirements set forth in
article two, chapter seventeen-b of this code. The bill would also exempt
autocycles from helmet and certain other safety requirements set forth in §17C-15-44. The bill also removes obsolete language.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.