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WV Code § 17B-3-9 (2021)
2021 West Virginia Code|Chapter 17B. Motor Vehicle Driver's Licenses|Article 3. Cancellation, Suspension or Revocation of Licenses|§17B-3-9. Surrender and Return of License Not Required

The Division, upon suspending or revoking a license, may not require that the license be surrendered to and be retained by the Division. The surrender of a license may not be a precondition to the commencement and tolling of any applicable period of suspension or revocation: Provided, That before the license may be reinstated, the licensee shall pay a fee of $50, in addition to all other fees and charges, which shall be collected by the Division and deposited in a special revolving fund to be appropriated to the Division for use in the enforcement of the provisions of this section.
WV Code § 17B-3-10 (2021)
2021 West Virginia Code|Chapter 17B. Motor Vehicle Driver's Licenses|Article 3. Cancellation, Suspension or Revocation of Licenses|§17B-3-10. No Operation Under Foreign License During Suspension or Revocation in This State

Any resident or nonresident whose operator's or chauffeur's license or right or privilege to operate a motor vehicle in this state has been suspended or revoked as provided in this chapter shall not operate a motor vehicle in this state under a license, permit, or registration certificate issued by any other jurisdiction or otherwise during such suspension or after such revocation until a new license is obtained when and as permitted under this chapter.
WV Code § 17B-3-11 (2021)
2021 West Virginia Code|Chapter 17B. Motor Vehicle Driver's Licenses|Article 3. Cancellation, Suspension or Revocation of Licenses|§17B-3-11. Mandatory Revocation of License of Certain Blind Persons

The department shall forthwith revoke the license of any operator or chauffeur upon receipt of certification by the commissioner of welfare that he is a blind person receiving public assistance or that his application for public assistance because of blindness has been approved by the state department of welfare.
WV Code § 17B-3-12 (2021)
2021 West Virginia Code|Chapter 17B. Motor Vehicle Driver's Licenses|Article 3. Cancellation, Suspension or Revocation of Licenses|§17B-3-12. Mandatory Suspension for Fraudulent Use of Driver's License

(a) The commissioner shall suspend for a period of ninety days the driver's license of any person upon receipt of a sworn affidavit from any law-enforcement officer, employee of the Alcohol Beverage Control Commission or employee of the Division of Motor Vehicles stating that the person committed any one of the following acts:(1) Displayed or caused or permitted to be displayed to any law-enforcement officer or employee of the Division of Motor Vehicles or have in his or her possession any fictitious or fraudulently altered driver's license;(2) Loaned or gave his or her driver's license to any other person or knowingly permitted the use thereof by another for an unlawful or fraudulent purpose;(3) Displayed or represented as one's own any driver's license not issued to him or her; or(4) Used a false or fictitious name or birth date on any application for a driver's license or knowingly made a false statement, knowingly concealed a material fact or otherwise committed a fraud in making application for a driver's license.(b) For the purposes of this section, "driver's license" means any permit, camera card, identification card or driver's license issued by this state or any other 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.(c) No person shall have his or her driver's license suspended under any provision of this section unless he or she shall first be given written notice of such suspension sent by certified mail, return receipt requested, at least twenty days prior to the effective date of the suspension. Within ten days of the receipt of the notice of suspension, the person may submit a written request by certified mail for a hearing and request a stay of the suspension pending the results of the hearing. Upon receipt of the request for a hearing and request for a stay of the suspension, the commissioner shall grant a stay of the suspension pending the results of the hearing. If the commissioner shall after hearing make and enter an order affirming the earlier order of suspension, the person affected shall be entitled to judicial review as set forth in chapter twenty-nine-a of this code and, pending the appeal, the court may grant a stay or supersedeas of such order. If the person does not appeal the suspension or if the suspension is affirmed by the court, the order of suspension shall be effective and the period of suspension shall commence to run.(d) The suspended driver's license shall be reinstated following the period of suspension and upon compliance with the conditions set forth in this chapter.
WV Code § 17B-3-13 (2021)
2021 West Virginia Code|Chapter 17B. Motor Vehicle Driver's Licenses|Article 3. Cancellation, Suspension or Revocation of Licenses|§17B-3-13. Reports by Health Care Providers

(a) Health care providers licensed and authorized pursuant to chapter thirty of the code to diagnose or treat diseases, disorders, disabilities or conditions, may notify the division in writing of the full name, date of birth and address of every person fifteen years of age or older who suffers from a physical or mental disease, disorder, disability, condition or symptoms that prevents the person from safely operating motor vehicle, and which is either:(1) Uncontrollable (either through medication, therapy, or surgery; or by driving device or technique);(2) Controllable, but the patient does not comply with the recommendations of the health care provider for treatment or restricted driving; or(3) Undiagnosed but the extent of driver impairment is potentially significant based on the patient's symptoms.(b) Reports, recommendations or opinions, findings or advice received or made by the division for the purpose of determining whether a person is qualified to be licensed to drive are for the confidential use of the division and exempt from provisions of article one, chapter twenty-nine-b of this code and may only be admitted in proceedings to either suspend, revoke or impose limitations on the use of a driver's license pursuant to section six, subsection (a)(5), article three, chapter seventeen-b of this code or section seven, article three, chapter seventeen-b of this code, or to reinstate the driver's license.(c) Reports, recommendations, opinions, findings or advice received or made by the division for the purpose of determining whether a person is qualified to be licensed to drive may not be used in any proceedings to establish or prove competencies other than qualifications to operate a vehicle.(d) A health care provider who makes a notification pursuant to subsection (a) shall be immune from any civil, administrative or criminal liability that otherwise might be incurred or imposed because of such notification if the health care provider has: (1) Documented in the patient's record the disease, disorder, disability, condition or symptoms which may impair the patient's ability to drive a motor vehicle to a degree that precludes the safe operation of a motor vehicle;(2) Informed the patient that their disease, disorder, disability, condition or symptoms may impair the patient's ability to drive a motor vehicle to a degree that precludes the safe operation of a motor vehicle;(3) Advised the patient that he or she should not operate a motor vehicle; and(4) Disclosed to the patient that the health care provider may notify the Commissioner of the patient's condition and of the patient's inability to safely operate a motor vehicle.(e) Compliance with or failure to comply with the requirements of this section does not constitute negligence, nor may compliance or noncompliance with the requirements of this section be admissible as evidence of negligence in any civil or criminal action.
WV Code § 17B-4-1 (2021)
2021 West Virginia Code|Chapter 17B. Motor Vehicle Driver's Licenses|Article 4. Violation of License Provisions|§17B-4-1. Unlawful Use of License or Nonoperator's Identification; License and Nonoperator's Identification Violations Generally

It is a misdemeanor for any person to commit any one of the following acts:(1) To display or cause or permit to be displayed or have in his possession any fictitious or fraudulently altered operator's or chauffeur's license or nonoperator's identification;(2) To lend his operator's or chauffeur's license or nonoperator's identification to any other person or knowingly permit the use thereof by another;(3) To display or represent as one's own any operator's or chauffeur's license or nonoperator's identification not issued to him (4) To use a false or fictitious name in any application for an operator's or chauffeur's license or nonoperator's identification or to knowingly make a false statement or to knowingly conceal a material fact or otherwise commit a fraud in any such application;(5) To permit any unlawful use of an operator's or chauffeur's license or nonoperator's identification issued to him or(6) To do any act forbidden or fail to perform any act required by this chapter.
WV Code § 17B-4-2 (2021)
2021 West Virginia Code|Chapter 17B. Motor Vehicle Driver's Licenses|Article 4. Violation of License Provisions|§17B-4-2. False Affidavits

Any person who makes any false affidavit, or knowingly swears or affirms falsely to any matter or thing required by the terms of this chapter to be sworn to or affirmed, is guilty of perjury and upon conviction shall be punished by fine or imprisonment as other persons committing perjury are punishable.
WV Code § 17B-4-4 (2021)
2021 West Virginia Code|Chapter 17B. Motor Vehicle Driver's Licenses|Article 4. Violation of License Provisions|§17B-4-4. Permitting Unauthorized Person to Drive

No person shall authorize or knowingly permit a motor vehicle owned by him or under his control to be driven upon any highway by any person who is not authorized hereunder or in violation of any of the provisions of this chapter.
WV Code § 17B-4-5 (2021)
2021 West Virginia Code|Chapter 17B. Motor Vehicle Driver's Licenses|Article 4. Violation of License Provisions|§17B-4-5. Employing Unlicensed Chauffeur

No person shall employ as a chauffeur of a motor vehicle any person not then licensed as provided in this chapter.
WV Code § 17B-4-6 (2021)
2021 West Virginia Code|Chapter 17B. Motor Vehicle Driver's Licenses|Article 4. Violation of License Provisions|§17B-4-6. Renting Motor Vehicle to Another

No person shall rent a motor vehicle to any other person unless the latter person is then duly licensed hereunder or, in the case of a nonresident, then duly licensed under the laws of the state or country of his residence.No person shall rent a motor vehicle to another until he has inspected the operator's or chauffeur's license of the person to whom the vehicle is to be rented and compared and verified the signature thereon with the signature of such person written in his presence.Every person renting a motor vehicle to another shall keep a record of the registration number of the motor vehicle so rented, the name and address of the person to whom the vehicle is rented, the number of the license of said latter person and the date and place when and where said license was issued. Such record shall be open to inspection by any police officer or officer or employee of the department.
WV Code § 17B-5-1 (2021)
2021 West Virginia Code|Chapter 17B. Motor Vehicle Driver's Licenses|Article 5. Penalties|§17B-5-1. Violations of Chapter; Penalty for Misdemeanor

It is a misdemeanor for any person to violate any of the provisions of this chapter unless such violation is by this chapter or other law of this state declared to be a felony.Unless another penalty is in this chapter or by the laws of this state provided, every person convicted of a misdemeanor for the violation of any provisions of this chapter shall be punished by a fine of not more than $500 or by imprisonment for not more than six months, or by both such fine and imprisonment.
WV Code § 17B-5-2 (2021)
2021 West Virginia Code|Chapter 17B. Motor Vehicle Driver's Licenses|Article 5. Penalties|§17B-5-2. 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 § 17B-6-1 (2021)
2021 West Virginia Code|Chapter 17B. Motor Vehicle Driver's Licenses|Article 6. Effect of Chapter|§17B-6-1. Constitutionality

If any part or parts of this chapter shall be held to be 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 § 17B-6-2 (2021)
2021 West Virginia Code|Chapter 17B. Motor Vehicle Driver's Licenses|Article 6. Effect of Chapter|§17B-6-2. Repeal of Inconsistent Provisions

The provisions of all acts or parts of acts, or of this code, which are inconsistent with the provisions of this chapter are hereby repealed to the extent of such inconsistency.
WV Code § 17B-7-1 (2021)
2021 West Virginia Code|Chapter 17B. Motor Vehicle Driver's Licenses|Article 7. Second Chance Driver’s License Program|§17B-7-1. Short Title

This article is known as and may be cited as the William R. Laird IV Second Chance Driver’s License Act.
WV Code § 17B-7-2 (2021)
2021 West Virginia Code|Chapter 17B. Motor Vehicle Driver's Licenses|Article 7. Second Chance Driver’s License Program|§17B-7-2. Legislative Findings and Purpose

(a) The Legislature finds that allowing individuals who have been unable to obtain a driver’s license or to have their driver’s licenses reinstated due to unpaid court costs to obtain a stay of the driver’s license suspension or revocation will better enable these individuals to return to the workforce and repay unpaid court costs in a timely manner.(b) The purpose of this article is to create a program that allows the commissioner to temporarily stay a driver’s license suspension or revocation for individuals who are accepted into the second chance driver’s license program if the individual thereafter remains current in the repayment of unpaid court costs as required by the program.
WV Code § 17B-7-3 (2021)
2021 West Virginia Code|Chapter 17B. Motor Vehicle Driver's Licenses|Article 7. Second Chance Driver’s License Program|§17B-7-3. Definitions

For the purposes of this article:(1) “Commissioner” means the Commissioner of the Division of Motor Vehicles, or his or her designee;(2) “Consolidated repayment schedule” means the schedule by which a participant is expected to make monthly payments for unpaid court costs consistent with the requirements of the program as established by the director;(3) “Court” means a municipal court, magistrate court, circuit court, family court or drug court in the State of West Virginia and the Supreme Court of Appeals of West Virginia;(4) “Director” means Director of the Division of Justice and Community Services, or his or her designee;(5) “Good standing” means compliance by a participant with the requirements of the program, as set forth in this article and legislative rules promulgated hereunder;(6) “Monthly payment” means the amount that a participant is scheduled to remit to the director each month pursuant to the consolidated repayment schedule;(7) “Participant” means a person who applies for, and is accepted into, the second chance driver’s license program by the director;(8) “Second chance driver’s license program” or “program” means the program created under this article that establishes a payment structure for a participant to consolidate unpaid court costs into monthly payments over a defined period of time, coordinates the acceptance and distribution of monthly payments from a participant and certifies that a participant in good standing is eligible for a temporary stay of a driver’s license suspension or revocation due to certain unpaid court costs; and(9) “Unpaid court costs” means any fee, fine, expense, cost or other moneys that are required to be paid by a person to a court, pursuant to one or more valid court orders, and have not been paid in full.
WV Code § 17B-7-4 (2021)
2021 West Virginia Code|Chapter 17B. Motor Vehicle Driver's Licenses|Article 7. Second Chance Driver’s License Program|§17B-7-4. Second Chance Driver’s License Program Established; Creation and Administration by Director; Program Eligibility

(a) There is hereby established the second chance driver’s license program which shall be administered by the director pursuant to the requirements of this article.(b) To be eligible to participate in the program, a person must:(1) Have his or her driver’s license suspended or revoked for failure to remit unpaid court costs pursuant to section three-a or section three-c, article three, chapter seventeen-b of this code;(2) Be at least twelve months delinquent in payment of unpaid court costs to a court or courts;(3) Not have any unpaid court costs incurred from charges that involve driving a commercial motor vehicle or which otherwise violate the commercial driver’s license requirements in chapter seventeen-e of this code; and (4) Meet other eligibility requirements established pursuant to the rules developed under section nine of this article.
WV Code § 17B-7-6 (2021)
2021 West Virginia Code|Chapter 17B. Motor Vehicle Driver's Licenses|Article 7. Second Chance Driver’s License Program|§17B-7-6. Payments to Be Made to Director; Certificate of Compliance; Failure to Comply With Consolidated Repayment Schedule

(a) Upon acceptance into the program and establishment of a consolidated repayment schedule, the participant shall remit monthly payments to the director in the manner prescribed by the director and in compliance with the consolidated repayment schedule.(b) Upon receipt of the first monthly payment required by the participant’s consolidated repayment schedule, the director shall issue to the commissioner, in writing or electronically, a certificate of compliance verifying the participant’s good standing in the program.(c) If a participant fails to make a monthly payment within thirty days of a deadline set by the consolidated repayment schedule, the director shall immediately issue, in writing or electronically, a certificate of noncompliance to the commissioner stating that the participant is not in good standing in the program. (1) If a participant, after failing to make one or more timely monthly payments, remits the total amount due at that time according to the consolidated repayment schedule, the director shall issue a certificate of compliance to the commissioner stating that the participant is once again in good standing in the program.(2) If a participant fails to make timely monthly payments in accordance with the consolidated repayment schedule on three occasions, the director shall remove the participant from the program and shall issue a program removal notice to the commissioner and applicable courts receiving payments under the program stating that the participant is no longer a participant in the program.(d) If a participant is convicted of a subsequent criminal offense after acceptance into the program, the director shall remove the participant from the program and, upon removal, the director shall issue a program removal notice to the commissioner and applicable courts receiving payments under the program stating that the participant is no longer a participant in the program.(e) Upon completion of all monthly payments in the consolidated repayment schedule by the participant, the director shall issue a program completion certificate to the commissioner and the court or courts to whom the participant owed unpaid court costs under the program, stating that the participant completed the program in good standing.(f) Upon receipt of a program completion certificate by the director stating that the participant has completed the program in good standing, the court or courts whose unpaid court costs were paid according to the consolidated repayment schedule shall enter an order acknowledging payment in full of the unpaid court costs.
WV Code § 17B-7-7 (2021)
2021 West Virginia Code|Chapter 17B. Motor Vehicle Driver's Licenses|Article 7. Second Chance Driver’s License Program|§17B-7-7. Stay of Driver’s License Suspension or Revocation

(a) Upon receipt of a certificate of compliance prepared by the director, the Division of Motor Vehicles shall stay the participant’s driver’s license suspension or revocation for unpaid court costs: Provided, That the participant’s driver’s license shall be subject to restrictions upon where and when the participant may operate a motor vehicle during this stay of the suspension or revocation, as determined by the commissioner.(b) The Division of Motor Vehicles may require retesting for a driver’s license for any participant who has not had a valid driver’s license within the six months prior to the date of receipt of the certificate of compliance. Notwithstanding any other provision of the code to the contrary, a participant shall not be required to pay any fees to the Division of Motor Vehicles for retesting.(c) Upon receipt of a certificate of noncompliance prepared by the director, the commissioner shall remove the stay of the participant’s driver’s license suspension or revocation until further notice from the director regarding the participant’s status in the program.(d) Upon receipt of a program removal notice issued by the director, the commissioner shall remove the stay of the participant’s driver’s license suspension or revocation.(e) Notwithstanding any other provision of code to the contrary, no participant in the program shall be required to pay any reinstatement fees for unpaid court costs within the scope of the consolidated repayment schedule.
WV Code § 17B-7-8 (2021)
2021 West Virginia Code|Chapter 17B. Motor Vehicle Driver's Licenses|Article 7. Second Chance Driver’s License Program|§17B-7-8. Second Chance Driver’s License Program Account Created

There is hereby created in the State Treasury an account to be known as the Second Chance Driver’s License Program Account. The account shall consist of all moneys received from individuals participating in the program. The fund shall be administered by the Division of Justice and Community Services solely for the purposes of this article. Any moneys remaining in the fund at the close of a fiscal year shall be carried forward for use in the next fiscal year. Funds in the account shall not be invested, used, withdrawn or transferred out of the account except for the purposes allowed in the provisions of this article.