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WV Code § 17C-5C-1 (2021)
2021 West Virginia Code|Chapter 17C. Traffic Regulations and Laws of the Road|Article 5C. Office of Administrative Hearings|§17C-5C-1. Office Created; Appointment of Chief Hearing Examiner

(a) The Office of Administrative Hearings is created as a separate operating agency within the Department of Transportation.(b) The Governor, with the advice and consent of the senate, shall appoint a director of the office who shall serve as the administrative head of the office and as chief hearing examiner.(c) Prior to appointment, the Chief Hearing Examiner shall be a citizen of the United States and a resident of this state who is admitted to the practice of law in this state.(d) The salary of the Chief Hearing Examiner shall be set by the Secretary of the Department of Transportation. The salary shall be within the salary range for comparable administrators as determined by the State Personnel Board created by section six, article six, chapter twenty-nine of this code.(e) The Chief Hearing Examiner during his or her term shall:(1) Devote his or her full time to the duties of the position;(2) Not otherwise engage in the active practice of law or be associated with any group or entity which is itself engaged in the active practice of law: Provided, That nothing in this paragraph may be construed to prohibit the Chief Hearing Examiner from being a member of a national, state or local bar association or committee, or of any other similar group or organization, or to prohibit the Chief Hearing Examiner from engaging in the practice of law by representing himself, herself or his or her immediate family in their personal affairs in matters not subject to this article.(3) Not engage directly or indirectly in any activity, occupation or business interfering or inconsistent with his or her duties as Chief Hearing Examiner;(4) Not hold any other appointed public office or any elected public office or any other position of public trust; and(5) Not be a candidate for any elected public office, or serve on or under any committee of any political party.(f) The Governor may remove the Chief Hearing Examiner only for incompetence, neglect of duty, official misconduct or violation of subsection (e) of this section, and removal shall be in the same manner as that specified for removal of elected state officials in section six, article six, chapter six of this code.(g) The term of the Chief Hearing Examiner shall be six years. A person holding the position of Chief Hearing Examiner may be reappointed to that position subject to the provisions of subsection (b).
WV Code § 17C-5C-1a (2021)
2021 West Virginia Code|Chapter 17C. Traffic Regulations and Laws of the Road|Article 5C. Office of Administrative Hearings|§17C-5C-1a. Termination of Office of Administrative Hearings; Transfer of Jurisdiction

(a) The Office of Administrative Hearings shall retain jurisdiction over appeals described in 17C-5C-3(3) of this code arising from offenses occurring on or before June 30, 2020. The Office of Administrative Hearings has no jurisdiction over appeals described in said subdivision arising from offenses occurring on or after July 1, 2020. (b) Beginning on July 1, 2020, jurisdiction over appeals described in 17C-5C-3 of this code, except for those described in 17C-5C-3(3) of this code, shall be transferred to the circuit court for the circuit in which the event giving rise to the contested decision of the Commissioner of the Division of Motor Vehicles occurred. (c) The Office of Administrative Hearings shall, in an orderly and efficient manner, dispose of all matters pending before it, subject to the following:(1) If any appeal of a revocation or suspension order, described in 17C-5C-3(3) of this code, is pending before the office on or after July 1, 2021, the underlying revocation or suspension order shall be dismissed.(2) If any appeal described in 17C-5C-3 of this code, except for an appeal described in 17C-5C-3(3) of this code, is pending before the Office of Administrative Hearings on or after July 1, 2021, the appeal shall be transferred to the circuit court described in subsection (b) of this section. For any appeal transferred pursuant to this subdivision, the circuit court shall adopt any existing records of evidence and proceedings in the Office of Administrative Hearings, conduct further proceedings as it considers necessary, and issue a final decision or otherwise dispose of the case pursuant to the provisions governing the judicial review of contested administrative cases in 29A-5-1 et seq. of this code.(d) Upon resolution of all matters pending before the Office of Administrative Hearings or on July 1, 2021, whichever occurs earlier, the Office of Administrative Hearings shall be terminated.(e) The Secretary of the Department of Transportation may establish interim policies and procedures to aid in the orderly and efficient process during the disposition of remaining cases before the Office of Administrative Hearings during the phase-out period until termination.
WV Code § 17C-5C-2 (2021)
2021 West Virginia Code|Chapter 17C. Traffic Regulations and Laws of the Road|Article 5C. Office of Administrative Hearings|§17C-5C-2. Organization of Office

(a) The Chief Hearing Examiner is the chief administrator of the Office of Administrative Hearings and he or she may employ hearing examiners and other clerical personnel necessary for the proper administration of this article.(1) The Chief Hearing Examiner may delegate administrative duties to other employees, but the Chief Hearing Examiner shall be responsible for all official delegated acts.(2) All employees of the Office of Administrative Hearings, except the Chief Hearing Examiner, shall be in the classified service and shall be governed by the provisions of the statutes, rules and policies of the classified service in accordance with the provisions of article six, chapter twenty-nine of this code.(3) Notwithstanding any provision of this code to the contrary, those persons serving as hearing examiners within the Division of Motor Vehicles on the effective date of this article as enacted during the Regular Session of the 2010 Legislature, shall be eligible and given first preference in hiring as hearing examiners pursuant to this article.(b) The Chief Hearing Examiner shall:(1) Direct and supervise the work of the office staff;(2) Make hearing assignments;(3) Maintain the records of the office;(4) Review and approve decisions of hearing examiners as to legal accuracy, clarity and other requirements;(5) Submit to the Legislature, on or before the fifteenth day of February, an annual report summarizing the office's activities since the end of the last report period, including a statement of the number and type of matters handled by the office during the preceding fiscal year and the number of matters pending at the end of the year; and(6) Perform the other duties necessary and proper to carry out the purposes of this article.(c) The administrative expenses of the office shall be included within the annual budget of the Department of Transportation.
WV Code § 17C-5C-3 (2021)
2021 West Virginia Code|Chapter 17C. Traffic Regulations and Laws of the Road|Article 5C. Office of Administrative Hearings|§17C-5C-3. Jurisdiction of Office of Administrative Hearings

The Office of Administrative Hearings jurisdiction to hear and determine all:(1) Appeals from an order of the Commissioner of the Division of Motor Vehicles suspending a license pursuant to section eight, article two-b, chapter seventeen-b of this code;(2) Appeals from decisions or orders of the Commissioner of the Division of Motor Vehicles suspending or revoking a license pursuant to sections three-c, six and twelve, article three, chapter seventeen-b of this code;(3) Appeals from orders of the Commissioner of the Division of Motor Vehicles pursuant to section two, article five-a of this chapter, revoking or suspending a license under the provisions of section one of this article or section seven, article five of chapter;(4) Appeals from decisions or orders of the Commissioner of the Division of Motor Vehicles denying, suspending, revoking, refusing to renew any license or imposing any civil money penalty for violating the provisions of any licensing law contained in chapters seventeen-b and seventeen-c that are administered by the Commissioner of the Division of Motor Vehicles; and(5) Other matters which may be conferred on the office by statute or legislatively approved rules.
WV Code § 17C-5C-4 (2021)
2021 West Virginia Code|Chapter 17C. Traffic Regulations and Laws of the Road|Article 5C. Office of Administrative Hearings|§17C-5C-4. Hearing Procedures

(a) A hearing before the office shall be heard de novo and conducted pursuant to the provisions of the contested case procedure set forth in article five, chapter twenty-nine-a of this code to the extent not inconsistent with the provisions of chapters seventeen-b and seventeen-c of this code. In case of conflict, the provisions of chapters seventeen-b and seventeen-c of this code shall govern.(b) Notwithstanding any provision of this code to the contrary, the Commissioner of the Division of Motor Vehicles may be represented at hearings conducted by the Office and evidence submitted by the Commissioner may be considered in such hearings with or without such representation.(c) The West Virginia Rules of Evidence governing proceedings in the courts of this state shall be given like effect in hearings held before a hearing examiner. All testimony shall be given under oath.(d) Except as otherwise provided by this code or legislative rules, the Commissioner of Motor Vehicles has the burden of proof.(e) The hearing examiner may request proposed findings of fact and conclusions of law from the parties prior to the issuance by the office of the decision in the matter.(f) Hearings shall be exempt from the requirements of article one, chapter twenty-nine-b of this code.
WV Code § 17C-5C-4a (2021)
2021 West Virginia Code|Chapter 17C. Traffic Regulations and Laws of the Road|Article 5C. Office of Administrative Hearings|§17C-5C-4a. Rule-Making Authority

The Office of Administrative Hearings may propose legislative and procedural rules in accordance with the provisions of article three, chapter twenty-nine-a of this code in order to implement the provisions of this article and to carry out the duties prescribed therein.
WV Code § 17C-5C-4b (2021)
2021 West Virginia Code|Chapter 17C. Traffic Regulations and Laws of the Road|Article 5C. Office of Administrative Hearings|§17C-5C-4b. Duty to Provide Notice of Change of Address

Any person who has any pending contested matter before the Office of Administrative Hearings is required to provide written notice of a change in address by written notice at least ten days prior to any scheduled hearing in which they are a party. If the person's final hearing is held prior to the person's change in address, then the person is required to provide the written notice prior to the issuance of the final order in their case. Written notice must be provided by certified mail, return receipt requested, facsimile, or by electronic mail, to the Office of Administrative Hearings.
WV Code § 17C-5C-5 (2021)
2021 West Virginia Code|Chapter 17C. Traffic Regulations and Laws of the Road|Article 5C. Office of Administrative Hearings|§17C-5C-5. Transition From Division of Motor Vehicles to the Office of Administrative Hearings

(a) In order to implement an orderly and efficient transition of the administrative hearing process from the Division of Motor Vehicles to the Office of Administrative Hearings, the Secretary of the Department of Transportation may establish interim policies and procedures for the transfer of administrative hearings for appeals from decisions or orders of the Commissioner of the Division of Motor Vehicles denying, suspending, revoking, refusing to renew any license or imposing any civil money penalty for violating the provisions of any licensing law contained in chapters seventeen-a, seventeen-b, seventeen-c, seventeen-d and seventeen-e of this code, currently administered by the Commissioner of the Division of Motor Vehicles, no later than October 1, 2010.(b) On the effective date of this article, all equipment and records necessary to effectuate the purposes of this article shall be transferred from the Division of Motor Vehicle to the Office of Administrative Hearings: Provided, That in order to provide for a smooth transition, the Secretary of Transportation may establish interim policies and procedures, determine how the equipment and records are to be transferred and provide that the transfers provided for in this subsection take effect no later than October 1, 2010.
WV Code § 17C-5D-1 (2021)
2021 West Virginia Code|Chapter 17C. Traffic Regulations and Laws of the Road|Article 5D. Open Container Laws|§17C-5D-1. Purpose

The purpose of this article is to avoid the imposition of sanctions against this state and the loss of federal-aid highway construction funds under section 1405(a) of the federal Transportation Equity Act for the Twenty-first Century (23 U.S.C. §154), as amended, which requires states to enact and enforce a law that prohibits the consumption of an alcoholic beverage or the possession of an open alcoholic beverage container in the passenger area of a motor vehicle that is located on a public highway or the right-of-way adjacent to a public highway.
WV Code § 17C-5D-2 (2021)
2021 West Virginia Code|Chapter 17C. Traffic Regulations and Laws of the Road|Article 5D. Open Container Laws|§17C-5D-2. Definitions

For the purposes of this article, the words or terms defined in this article have the meanings ascribed to them:(a) "Alcoholic beverage" means:(1) Alcoholic liquor as defined in section five, article one, chapter sixty of this code; and(2) Nonintoxicating beer as defined in section three, article sixteen, chapter eleven of this code.(b) "Motor vehicle" means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways, but does not include a vehicle operated solely on a rail or rails.(c) "Open alcoholic beverage container" means any bottle, can or other receptacle that:(1) Contains any amount of alcoholic beverage; and(2)(A) Is open or has a broken seal; or(B) Has had its contents partially removed.(d) "Passenger area of a motor vehicle" means the area designed to seat the driver and passengers while the motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in their seating positions. For purposes of this article, the passenger area of a motor vehicle does not include:(1) (A) A locked glove compartment; or(B) A fixed center console or other similar fixed compartment that is locked;(2) In a motor vehicle that is not equipped with a trunk;(A) The area behind the last upright seat; or(B) An area not normally occupied by the driver or a passenger; or(3) In a pickup truck that has no trunk, camper top or separate enclosed area other than the cab of the truck, in the area behind the front seat of the truck in a locked case or container located so as to not be readily accessible to the driver or passengers while in their seating positions.(e) "Public highway or right-of-way of a public highway" means the entire width between and immediately adjacent to the boundary lines of every way that is publicly maintained, when any part thereof is open to the use of the public for purposes of vehicular travel.
WV Code § 17C-5D-3 (2021)
2021 West Virginia Code|Chapter 17C. Traffic Regulations and Laws of the Road|Article 5D. Open Container Laws|§17C-5D-3. Possession of an Open Alcoholic Beverage Container in the Passenger Area of a Motor Vehicle; Exceptions; Penalties

(a) It is unlawful for the operator or a passenger of a motor vehicle to consume any alcoholic beverage in the passenger area of a motor vehicle located on a public highway or right-of-way of a public highway in this state, whether the vehicle is in motion or at rest.(b) It is unlawful for the operator or a passenger of a motor vehicle to knowingly possess any open alcoholic beverage container in the passenger area of any motor vehicle that is located on a public highway or right-of-way of a public highway in this state, whether the vehicle is in motion or at rest. Possession by a person of one or more open containers in a single criminal occurrence is a single offense.(c) The provisions of this section are not applicable to a passenger:(1) In the passenger area of a motor vehicle designed, maintained or used primarily for the transportation of persons for compensation including, but not limited to, a bus, taxicab or limousine; or(2) In the living quarters of a motorized or nonmotorized house coach, house trailer, motor home or self-contained camper.(d) A person who violates the provisions of subsection (a) or (b) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50 nor more than $100.
WV Code § 17C-5D-4 (2021)
2021 West Virginia Code|Chapter 17C. Traffic Regulations and Laws of the Road|Article 5D. Open Container Laws|§17C-5D-4. Procedure on Arrest

If a person is arrested for an offense under the provisions of this article, unless the provisions of section three, article nineteen of this chapter require that the person arrested be taken immediately before a magistrate for an offense described in that section, the provisions of article nineteen of this chapter regarding the issuance of a traffic citation containing a notice to appear applies.
WV Code § 17C-6-2 (2021)
2021 West Virginia Code|Chapter 17C. Traffic Regulations and Laws of the Road|Article 6. Speed Restrictions|§17C-6-2. Establishment of State Speed Zones

Whenever the state road commissioner shall determine upon the basis of an engineering and traffic investigation that any speed limit set forth in this article is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of a highway, said commissioner may determine and declare a reasonable and safe speed limit thereat which shall be effective at all times or during hours of daylight or darkness or at such other times as may be determined when appropriate signs giving notice thereof are erected at such intersection or other place or part of the highway.
WV Code § 17C-6-3a (2021)
2021 West Virginia Code|Chapter 17C. Traffic Regulations and Laws of the Road|Article 6. Speed Restrictions|§17C-6-3a. Minimum Speed Regulations; Penalty

(a) No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law.(b) Whenever the commissioner or local authorities within their respective jurisdiction determine on the basis of an engineering and traffic investigation that slow speeds on any part of the highway consistently impede the normal and reasonable movement of traffic, the commissioner or such local authority may determine and declare a minimum speed limit below which no person shall drive a vehicle except when necessary for safe operation or in compliance with law.(c) Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100; upon a second conviction within one year thereafter, shall be fined not more than $200; and upon a third or subsequent conviction within two years thereafter, shall be fined not more than $500.
WV Code § 17C-6-4 (2021)
2021 West Virginia Code|Chapter 17C. Traffic Regulations and Laws of the Road|Article 6. Speed Restrictions|§17C-6-4. Special Speed Limitations on Vehicles Not Designed for Carrying Passengers and Equipped With Pneumatic Tires

Subject to all other speed restrictions of this chapter no person shall drive a vehicle not designed for carrying passengers and equipped with pneumatic tires at a speed in excess of:(1) Twenty miles per hour in any business district;(2) Twenty-five miles per hour in any residence district;(3) Forty miles per hour on open country highway;(4) Trucks licensed at eight thousand pounds gross vehicle weight or less shall be permitted the same speed as passenger cars.
WV Code § 17C-6-5 (2021)
2021 West Virginia Code|Chapter 17C. Traffic Regulations and Laws of the Road|Article 6. Speed Restrictions|§17C-6-5. Special Speed Limitations; Penalty

(a) No person shall drive any vehicle equipped with other than pneumatic tires at a speed greater than a maximum of ten miles per hour.(b) No person shall drive a vehicle over any bridge or other elevated structure constituting a part of a highway at a speed which is greater than the maximum speed which can be maintained with safety to such bridge or structure, when such structure is signposted as provided in this section.(c) The commissioner of highways upon request from any local authority shall, or upon its own initiative may, conduct an investigation of any bridge or other elevated structure constituting a part of a highway, and if it shall thereupon find that such structure cannot with safety to itself withstand vehicles traveling at the speed otherwise permissible under this chapter, the commissioner shall determine and declare the maximum speed of vehicles which such structure can withstand, and shall cause or permit suitable signs stating such maximum speed to be erected and maintained at a distance of one hundred feet before each end of such structure.(d) Upon the trial of any person charged with a violation of this section, proof of said determination of the maximum speed by said commissioner and the existence of said signs shall constitute conclusive evidence of the maximum speed which can be maintained with safety to such bridge or structure.(e) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100; upon a second conviction within one year thereafter, shall be fined not more than $200; and upon a third or subsequent conviction, shall be fined not more than $500.
WV Code § 17C-6-6 (2021)
2021 West Virginia Code|Chapter 17C. Traffic Regulations and Laws of the Road|Article 6. Speed Restrictions|§17C-6-6. Charging Violations; Rule in Civil Actions

(a) In every charge of violation of any speed regulations in this chapter the complaint, also the summons or notice to appear, shall specify the speed at which the defendant is alleged to have driven, also the speed applicable within the district or at the location and in the event charge shall also be made of violation of any other provision of this chapter, the complaint and the summons or notice to appear shall also specify such other offense alleged to have been committed.(b) The provision of this chapter declaring speed limitations shall not be construed to relieve the plaintiff in any civil action from the burden of proving negligence on the part of the defendant as the proximate cause of an accident.