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Introduced Version House Bill 4590 History

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H. B. 4590

 

(By Delegate J. Miller)

[Introduced February 17, 2012; referred to the

Committee on Roads and Transportation then the Judiciary.]

 

 

 

 

A BILL to amend and reenact §17B-2B-5 and §17B-2B-7 of the Code of West Virginia, 1931, as amended, all relating to license to operate a motor vehicle with bioptic telescope device; renewal of a Class G license and proof required; and providing that vision report requirement may be waived when a report has already been submitted to the commissioner by a vision specialist on the same licensee within the past twelve months as part of the requirement for annual anniversary of driver licensure and renewal period extended.

Be it enacted by the Legislature of West Virginia:

    That §17B-2B-5 and §17B-2B-7 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:

ARTICLE 2B. LICENSE TO OPERATE A MOTOR VEHICLE WITH BIOPTIC TELESCOPIC DEVICE.

§17B-2B-5. Restrictions on Class G driver’s license; removal of daytime driving restriction; waiver.

    (a) A Class G driver’s license authorizes the licensee to operate a Class A passenger motor vehicle, weighing eight thousand pounds or less, subject to the following restrictions:

    (1) The applicant may drive only while using a bioptic telescopic device;

    (2) Daytime driving restriction; and

    (3) Any other conditions or restrictions the commissioner considers necessary to insure the safe operation of the motor vehicle.

    (b) An applicant to whom a Class G driver’s license has been issued may apply to the commissioner for removal of the daytime driving restriction if the applicant has:

    (1) Operated a motor vehicle for thirty-six months without an at-fault accident, moving violation or license suspension;

    (2) Submitted a report of a vision examination, conducted not more than six months prior to the application, by a vision specialist showing that the licensee’s visual impairment is stable and that he or she can see well enough to operate a vehicle at night;

    (3) Successfully completed additional evaluation and training, in an approved driver training program, specifically designed for night driving;

    (4) Passed a comprehensive night driving examination.

    (c) Waiver: lf upon admission to the program a Class G applicant presents a valid Class E driver's license and proof to the commissioner of a stable vision condition and no at-fault accidents and no moving violations for the past three years, the applicant shall be permitted to participate in an individualized, competency-based program of instruction that will also include ancillary classroom, passenger-in-car and behind-the-wheel instruction and applicable road testing dealing with and requiring passage of night driving practices, prior to issuance of Class G driver licensure without daytime only driving restriction.

§17B-2B-7. Renewal of license.

    (a) A Class G driver’s license is valid for no more than two years.

    (b) To renew a Class G driver’s license, the licensee must submit a report of a comprehensive vision examination by a vision specialist at least ninety-days prior to expiration of the license unless an identical report has already been submitted to the commissioner by a vision specialist on the same licensee within the past twelve months as part of the requirement for annual anniversary of driver licensure under the provisions of section four(d) of this article.

    (c) If the vision specialist certifies that the conditions causing the licensee’s visual impairment are stable, and the licensee continues to satisfy the commissioner’s minimum visual acuity and visual field standards for licensure, the division shall may renew the license for a period of one year longer than initially granted, up to a maximum of five years.

    (d) If the vision specialist certifies that the conditions causing the licensee’s visual impairment are unstable or deteriorating, the commissioner may require the licensee to undergo additional testing or training before deciding whether to renew the license.

    (e) If any comprehensive vision examination by a vision specialist determines that the licensee no longer satisfies the minimum visual acuity or visual field standards for licensure, the division shall not renew the license.




    NOTE: The purpose of this bill is to provide that renewal of a Class G license to operate a motor vehicle with bioptic telescope device vision report requirement may be waived when a report has already been submitted to the commissioner by a vision specialist on the same licensee within the past twelve months as part of the requirement for annual anniversary of driver licensure. It also provides that the renewal period may then be extended.


    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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