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WV Code § 17D-6-2 (2021)
2021 West Virginia Code|Chapter 17D. Motor Vehicle Safety Responsibility Law|Article 6. General Provisions|§17D-6-2. Self-Insurers

(a) Any person in whose name more than twenty-five vehicles are registered may qualify as a self-insurer by annually obtaining a certificate of self-insurance issued by the commissioner as provided in subsection (b) of this section.(b) The commissioner may, in his or her discretion, upon the application of such a person, issue a certificate of self-insurance when he or she is satisfied that such person is possessed and will continue to be possessed of ability to pay judgments obtained against such person. The commissioner may not issue a certificate of self-insurance unless the applicant is listed as the registered owner of the motor vehicles and the applicant files an itemized financial statement that reflects a minimum of $1 million in total assets. The listed assets must be wholly owned by the applicant.(c) A self-insured applicant, under the provisions of this section, shall notify the commissioner upon his or her filing of a petition for bankruptcy and shall comply with the provisions of section ten, article four, chapter seventeen-a of this code related to the issuance of salvage certificates and the determination of a vehicle as a total loss.(d) Upon not less than five days' notice and a hearing pursuant to the notice, the commissioner may upon reasonable grounds cancel a certificate of self-insurance. Failure to pay any judgment within thirty days after such judgment shall have become final, shall constitute a reasonable ground for the cancellation of a certificate of self-insurance.
WV Code § 17D-6-3 (2021)
2021 West Virginia Code|Chapter 17D. Motor Vehicle Safety Responsibility Law|Article 6. General Provisions|§17D-6-3. Repeal of Existing Laws

This chapter shall in no respect be considered as a repeal of the motor vehicle laws of this state but shall be construed as supplemental thereto.The existing motor vehicle safety responsibility law is hereby repealed except with respect to any accident, or judgment arising therefrom, or violation of the motor vehicle laws of this state, occurring prior to the effective date of this chapter.
WV Code § 17D-6-4 (2021)
2021 West Virginia Code|Chapter 17D. Motor Vehicle Safety Responsibility Law|Article 6. General Provisions|§17D-6-4. Chapter Not to Have Retroactive Effect

This chapter shall not have a retroactive effect and shall not apply to any accident, or judgment arising therefrom, or violation of the motor vehicle laws of this state, occurring prior to the effective date of this chapter.
WV Code § 17D-6-5 (2021)
2021 West Virginia Code|Chapter 17D. Motor Vehicle Safety Responsibility Law|Article 6. General Provisions|§17D-6-5. Jurisdiction of Crimes by Justices

Justices of the peace shall have concurrent jurisdiction with the circuit, criminal and intermediate courts to enforce the misdemeanor penalties prescribed by this chapter.
WV Code § 17D-6-6 (2021)
2021 West Virginia Code|Chapter 17D. Motor Vehicle Safety Responsibility Law|Article 6. General Provisions|§17D-6-6. Chapter Not to Prevent Other Process

Nothing in this chapter shall be construed as preventing the plaintiff in any action at law from relying for relief upon the other processes provided by law.
WV Code § 17D-6-7 (2021)
2021 West Virginia Code|Chapter 17D. Motor Vehicle Safety Responsibility Law|Article 6. General Provisions|§17D-6-7. Constitutionality

If any part or parts of this chapter shall be held unconstitutional, such unconstitutionality shall not affect the validity of the remaining parts of this chapter. The Legislature hereby declares that it would have passed the remaining parts of this chapter if it had known that such part or parts thereof would be declared unconstitutional.
WV Code § 17E-1-1 (2021)
2021 West Virginia Code|Chapter 17E. Uniform Commercial Driver's License Act|Article 1. Commercial Driver's License|§17E-1-1. Short Title

This article may be cited as the "Uniform Commercial Driver's License Act."
WV Code § 17E-1-2 (2021)
2021 West Virginia Code|Chapter 17E. Uniform Commercial Driver's License Act|Article 1. Commercial Driver's License|§17E-1-2. Statement of Intent and Purpose

(a) The purpose of this article is to implement 49 U.S.C. et seq., The Federal Motor Carrier Safety Improvement Act of 1999, 49 U.S.C. §5103a, Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept or Obstruct Terrorism Act of 2001 and to reduce or prevent commercial motor vehicle accidents, fatalities and injuries by:(1) Permitting commercial drivers to hold only one license; (2) Disqualifying commercial drivers who have committed certain serious traffic offenses;(3) Permitting only commercial drivers who do not present a security threat to operate commercial vehicles carrying a hazardous material; and(4) Strengthening licensing and testing standards. (b) This article is a remedial law and shall be liberally construed to promote the public health, safety and welfare. Where this chapter is silent, the general driver licensing provisions and the provisions of Title 49 of the Code of Federal Regulations apply.
WV Code § 17E-1-4 (2021)
2021 West Virginia Code|Chapter 17E. Uniform Commercial Driver's License Act|Article 1. Commercial Driver's License|§17E-1-4. Limitation on Number of Driver's Licenses

No person who drives a commercial motor vehicle may have more than one driver's license at one time. The division shall require the surrender of any previously issued driver's license before issuing a renewed or duplicate driver's license with updated information.
WV Code § 17E-1-5 (2021)
2021 West Virginia Code|Chapter 17E. Uniform Commercial Driver's License Act|Article 1. Commercial Driver's License|§17E-1-5. Notification Required by Driver

(a) Notification of convictions.(1) Any driver of a commercial motor vehicle holding a driver's license issued by this state, who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control, in any other state or federal, provincial, territorial or municipal laws of Canada, other than parking violations, shall notify the West Virginia Division of Motor Vehicles in the manner specified by the Commissioner and in accordance with C.F.R. §383.31(2004) within thirty days of the date of conviction.(2) Any driver of a commercial motor vehicle holding a driver's license issued by this state, who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control in this state or any other state or federal, provincial, territorial or municipal laws of Canada, other than parking violations, must notify his or her employer in writing and in accordance with 49 C.F.R. §383.31 (2004) of the conviction within thirty days of the date of conviction.(b) Each driver whose driver's license is:(1) Suspended, revoked, canceled or expired, by any state;(2) Who loses the privilege to drive a commercial motor vehicle in any state for any period; or(3) Who is disqualified from driving a commercial motor vehicle for any period, shall notify his or her employer of that fact before the end of the business day following the day the driver received notice of the action against his or her driving privileges.(c) Each person who applies to be a commercial motor vehicle driver shall provide the employer, at the time of the application, with the following information for the ten years preceding the date of application:(1) A list of the names and addresses of the applicant's previous employers for which the applicant was a driver of a commercial motor vehicle;(2) The dates between which the applicant drove for each employer; and(3) The reason for leaving that employer.The applicant shall certify that all information furnished is true and complete. An employer may require an applicant to provide additional information.
WV Code § 17E-1-6 (2021)
2021 West Virginia Code|Chapter 17E. Uniform Commercial Driver's License Act|Article 1. Commercial Driver's License|§17E-1-6. Employer Responsibilities

(a) Each employer shall require the applicant to provide the information specified in section five of this article.(b) No employer may knowingly allow, permit, require or authorize a driver to drive a commercial motor vehicle during any period in which the driver:(1) Has a driver's license suspended, revoked or canceled by a state; has lost the privilege to drive a commercial motor vehicle in a state or has been disqualified from driving a commercial motor vehicle;(2) Has more than one driver's license at one time;(3) The commercial motor vehicle he or she is driving or the motor carrier operation is subject to an out-of-service order;(4) Is in violation of federal, state or local law or regulation pertaining to railroad highway grade crossings; or(5) Is in violation of any provision of 49 C.F.R., Part § 382 related to controlled substances and alcohol use and testing.(c) No employer may require or allow a driver to operate a commercial motor vehicle while texting.(d) The division shall impose a civil penalty in addition to any penalty required under the provisions of section twenty-five of this article on any employer who knowingly allows, permits, requires or authorizes a driver to drive a commercial motor vehicle in violation of subdivision (3) or (4) of subsection (b) or subsection (c) of this section.(1) If the conviction is for a violation of subdivision (3), of subsection (b) of this section, the penalty is $2,750.(2) If the conviction is for a violation of subdivision (4), of subsection (b) or (c) of this section, the penalty shall be no more than $25,000.
WV Code § 17E-1-7 (2021)
2021 West Virginia Code|Chapter 17E. Uniform Commercial Driver's License Act|Article 1. Commercial Driver's License|§17E-1-7. Commercial Driver's License Required; Disqualification for Driving Without Valid License

(a) On or after April 1, 1992, except when driving under a commercial driver's instruction permit accompanied by the holder of a commercial driver's license valid for the vehicle being driven, no person may drive a commercial motor vehicle unless the person holds a commercial driver's license and applicable endorsements valid for the vehicle they are driving.(b) No person may drive a commercial motor vehicle while their driving privilege is suspended, revoked, canceled, expired, subject to a disqualification or in violation of an out-of-service order.(c) Drivers of a commercial motor vehicle shall have a commercial driver's license in their possession at all times while driving.(d) The Commissioner shall suspend for a period of sixty days the driving privileges of any person who is convicted of operating a commercial motor vehicle:(1) Without holding a valid commercial driver's license and the applicable endorsements valid for the vehicle he or she is driving in accordance with subsection (a) of this section, or(2) For any conviction for operating a commercial motor vehicle while his or her privilege to operate a motor vehicle were suspended, revoked, canceled or while disqualified from operating a commercial motor vehicle in accordance with subsection (b) of this section.(e) Any person not holding a commercial driver's license who is convicted of an offense that requires disqualification from operating a commercial motor vehicle shall also be disqualified from eligibility for a commercial driver's license for the same time periods as prescribed in federal law or rule or section thirteen of this article for commercial driver's license holders.(f) The Commissioner shall suspend the driver's license or the privilege to drive in this state of any holder of a commercial driver's license or operator of a commercial motor vehicle upon receiving notice from another state or jurisdiction of failure to pay fines, costs, forfeitures or penalties imposed or failure to appear or failure to respond for any violation of a state or local law relating to motor vehicle traffic control in accordance with 49 C.F.R. §384.225 (2009). A suspension under this section will continue until the person provides proof of compliance from the court and pays the reinstatement fee provided in section nine, article three, chapter seventeen-b of this code.
WV Code § 17E-1-8 (2021)
2021 West Virginia Code|Chapter 17E. Uniform Commercial Driver's License Act|Article 1. Commercial Driver's License|§17E-1-8. Exemptions to the Commercial Driver's License Requirements

(a) Bona fide farmers or farm vehicle drivers, as defined, operating a vehicle otherwise covered by the commercial driver's license requirements may be exempted from the provisions of this article only if the vehicle used is:(1) Driven by a farmer or farm vehicle driver;(2) Used only to transport either agricultural products, farm machinery, farm supplies, to or from a farm;(3) Not used in the operation of a common or contract motor carrier; and(4) Used within one hundred fifty miles of the qualifying farm.Farmers who wish to be exempted from the commercial driver's license requirements must apply to the Division of Motor Vehicles for a certificate of exemption.(b) Active duty military personnel operating vehicles being used for military purposes are exempted from the provisions of this article in accordance with the provisions of 49 CFR §383.3 (c)(2006).(c) Fire fighting and rescue equipment. Operators of vehicles authorized to hold an "authorized emergency vehicle permit" for use of red signal lights only are exempt from the provisions of this article while the "authorized emergency vehicle permit" is in force. Vehicles in this class include, but are not limited to, firefighters and rescue equipment:(1) Owned and operated by state, county and municipal fire departments;(2) Owned and operated by state, county and municipal civil defense organizations;(3) Owned and operated by a manufacturer engaged in a type of business that requires firefighter equipment to protect the safety of their plants and its employees; or(4) Owned and operated by volunteer fire departments.(d) Operators of off-road construction and mining equipment. Operators of equipment which, by its design, appearance and function, is not intended for use on a public road, including, without limitation, motorscrapers, backhoes, motorgraders, compactors, excavators, tractors, trenches and bulldozers, are exempt from the provisions of this article: Provided, That the exemption recognized by this subsection shall not be construed to permit the operation of such equipment on any public road except such operation as may be required for a crossing of such road: Provided, however, That no such equipment may be operated on a public road for a distance exceeding five hundred feet from the place where such equipment entered upon the public road.(e) The Federal Motor Carrier Safety Improvement Act of 1999 exempts vehicles used exclusively for personal use such as recreation vehicles and rental trucks used only to transport the driver's personal or household property.
WV Code § 17E-1-8a (2021)
2021 West Virginia Code|Chapter 17E. Uniform Commercial Driver's License Act|Article 1. Commercial Driver's License|§17E-1-8a. Restricted Commercial Driver"s License for Certain Drivers in Farm-Related Service Industries

(a) A restricted commercial drivers license may be issued to persons without meeting the required knowledge and skill tests for driving a commercial motor vehicle prescribed in §17E-1-9 of this code who are employees of the following designated farm-related service industries:(1) Agrichemical businesses;(2) Custom harvesters;(3) Farm retail outlets and suppliers; and(4) Livestock feeders.(b) A restricted commercial drivers license issued pursuant to this section shall meet all of the requirements and restrictions set forth in 49 C.F.R. § 383.3(f), including any seasonal periods defined by the commissioner.
WV Code § 17E-1-10 (2021)
2021 West Virginia Code|Chapter 17E. Uniform Commercial Driver's License Act|Article 1. Commercial Driver's License|§17E-1-10. Application for Commercial Driver's License

(a) The application for a commercial driver's license or commercial driver's instruction permit must include at least the following:(1) The full name and current mailing and residential address of the person;(2) A physical description of the person including sex, height, weight and eye color;(3) Date of birth;(4) The applicant's social security number;(5) The person's signature;(6) The person's color photograph;(7) Certifications including those required by 49 C.F.R. Part § 383.71(a)(2004);(8) Any other information required by the commissioner;(9) A consent to release driving record information; and(10) Certification stating that the applicant is:(A) Engaged in interstate commerce and subject to 49 C.F.R. Part §391 standards;(B) Engaged in interstate commerce but excepted from 49 C.F.R. Part §391 standards;(C) Engaged in intrastate commerce and subject to state medical standards; or(D) Engaged in intrastate commerce but not subject to state medical standards.(b) When a licensee changes his or her name, mailing address or residence, or when a licensee's classifications, endorsements, or restrictions or medical certification status changes; the licensee shall submit an application for a duplicate license and obtain a duplicate driver's license displaying the updated information.(c) No person who has been a resident of this state for thirty days or more may drive a commercial motor vehicle under the authority of a commercial driver's license issued by another jurisdiction.
WV Code § 17E-1-11 (2021)
2021 West Virginia Code|Chapter 17E. Uniform Commercial Driver's License Act|Article 1. Commercial Driver's License|§17E-1-11. Commercial Driver's License

The commercial driver's license shall be marked "commercial driver's license" or "CDL" and, to the maximum extent practicable, tamper proof. It must include, but not be limited to, the following information:(a) The name and residential address of the person;(b) The person's color photograph;(c) A physical description of the person including sex, height, weight, and eye color;(d) Date of birth;(e) The person's signature;(f) The class or type of commercial motor vehicle or vehicles which the person is authorized to drive together with any endorsement(s) and or restriction(s);(g) The name of this state;(h) The dates between which the license is valid; and(i) Any information required by the Federal Motor Carrier Safety Administration concerning the driver's valid or current medical certification status.
WV Code § 17E-1-14 (2021)
2021 West Virginia Code|Chapter 17E. Uniform Commercial Driver's License Act|Article 1. Commercial Driver's License|§17E-1-14. Commercial Drivers Prohibited From Driving With Blood Alcohol Concentration of Four Hundredths of One Percent or More; Refusal of Preliminary Breath Test to Determine Alcohol Content of Blood; Criminal Penalties

(a) In addition to any other penalties provided by this code, any person who drives, operates or is in physical control of a commercial motor vehicle while having an alcohol concentration in his or her blood, breath or urine of four hundredths of one percent or more, by weight, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than twenty-four hours nor more than six months, and shall be fined not less than $100 nor more than $500. A person convicted of a second or any subsequent offense under the provisions of this subsection shall be confined in jail for a period of not less than six months nor more than one year, and the court may, in its discretion, impose a fine of not less than $1,000 nor more than $3,000. (b) A person who violates the provisions of subsection (a) of this section shall be treated in the same manner set forth in section three, article nineteen, chapter seventeen-c of this code, as if he or she had been arrested for driving under the influence of alcohol or of any controlled substance.(c) In addition to any other penalties provided by this code, a person who drives, operates or is in physical control of a commercial motor vehicle having any measurable alcohol in such person's system or who refuses to take a preliminary breath test to determine such person's blood alcohol content as provided by section fifteen of this article, shall be placed out-of-service for twenty-four hours by the arresting law-enforcement officer.
WV Code § 17E-1-14a (2021)
2021 West Virginia Code|Chapter 17E. Uniform Commercial Driver's License Act|Article 1. Commercial Driver's License|§17E-1-14a. Commercial Drivers Prohibited From Texting

(a) No commercial driver may engage in texting while driving a commercial motor vehicle.(b) No motor carrier may allow or require its drivers to engage in texting while driving a commercial motor vehicle.(c) For the purposes of this section only, and unless a more restrictive prohibition is prescribed in this code, driving means operating a commercial motor vehicle with the motor running, including while temporarily stationed because of traffic, a traffic control device or other momentary delays. Driving does not include operating a commercial motor vehicle with or without the motor running when the driver moved the vehicle to the side of or off a highway, as defined in 49 CFR 390.5, and halted in a location where the vehicle can safely remain stationary.
WV Code § 17E-1-15 (2021)
2021 West Virginia Code|Chapter 17E. Uniform Commercial Driver's License Act|Article 1. Commercial Driver's License|§17E-1-15. Implied Consent Requirements for Commercial Motor Vehicle Drivers; Disqualification for Driving With Blood Alcohol Concentration of Four Hundredths of One Percent or More, by Weight

(a) A person who drives a commercial motor vehicle within this state is deemed to have given consent, subject to provisions of section four, article five, chapter seventeen-c of this code, to take a test or tests of that person's blood, breath or urine for the purpose of determining that person's alcohol concentration, or the presence of other drugs.(b) A test or tests may be administered at the direction of a law-enforcement officer, who after lawfully stopping or detaining the commercial motor vehicle driver, has reasonable cause to believe that driver was driving a commercial motor vehicle while having alcohol in his or her system.(c) A person requested to submit to a test as provided in subsection (a) of this section must be warned by the law-enforcement officer requesting the test that a refusal to submit to the test will result in that person being disqualified from operating a commercial motor vehicle under section thirteen or fifteen of this article. (d) If the person refuses testing, or submits to a test which discloses an alcohol concentration of four hundredths of one percent or more, by weight, that law-enforcement officer shall submit a sworn report to the Division of Motor Vehicles certifying that the test was requested pursuant to subsection (a) of this section and that the person refused to submit to testing, or submitted to a test which disclosed an alcohol concentration of four hundredths of one percent or more, by weight.(e) Upon receipt of the sworn report of a law-enforcement officer submitted under subsection (d) of this section, the Commissioner shall enter an order revoking the person's driver's license in accordance with section seven, article five, chapter seventeen-c of this code and disqualifying the person from driving a commercial motor vehicle for the period of time prescribed in section thirteen of this article.