reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 West Virginia Code › Chapter 17E. Uniform Commercial Driver's License Act › Article 1. Commercial Driver's License › §17E-1-16. Notification of Traffic Convictions

(a) The Commissioner shall notify the licensing authority of the state where the driver is licensed within thirty days of the date of conviction of any holder of a commercial driver license or any person operating a commercial motor vehicle for any violation of state law or local ordinance relating to motor vehicle traffic control, other than parking violations, committed in a commercial motor vehicle.
(b) The Commissioner shall notify the driver licensing authority in the licensing state where the driver is licensed within ten days of the date of disqualification of any holder of a commercial driver license or any person operating a commercial motor vehicle.
(c) Beginning on September 30, 2008, the Commissioner shall notify the driver licensing authority in the licensing state where the driver is licensed within ten days of the date of conviction of any holder of a commercial driver's license or any person operating a commercial motor vehicle for any violation of state law or local ordinance relating to motor vehicle traffic control, other than parking violations, committed in a commercial motor vehicle.
2023 West Virginia Code › Chapter 17E. Uniform Commercial Driver's License Act › Article 1. Commercial Driver's License › §17E-1-17. Driving Record Information to Be Furnished

Subject to the provisions of article two-a, chapter seventeen-a of this code, the commissioner shall furnish full information regarding the driving record of any person:
(a) To the driver license administrator of any other state of the United States and the District of Columbia or a province or territory of Canada or a state or federal agency of the United Mexican States requesting that information;
(b) To any motor carrier employer or prospective motor carrier employer;
(c) To the United States Secretary of Transportation; and
(d) To the driver:Nothing in this section prevents an insurer from obtaining a standard driving record issued in accordance with section two, article two, chapter seventeen-d of this code.
2023 West Virginia Code › Chapter 17E. Uniform Commercial Driver's License Act › Article 1. Commercial Driver's License › §17E-1-20. Reciprocity

(a) Notwithstanding any law to the contrary, a person may drive a commercial motor vehicle if the person has a commercial driver's license by any state of the United States and the District of Columbia or a province or territory of Canada or a state or federal agency of the United Mexican States in accordance with the minimum federal standards for the issuance of commercial motor vehicle driver licenses if the license is not suspended, revoked or canceled, if the person is not disqualified from driving a commercial motor vehicle or not subject to an "out-of-service" order.
(b) The commissioner is authorized to suspend, revoke or cancel the privilege to operate a motor vehicle or disqualify the privilege to operate a commercial motor vehicle of any resident of this state or of a nonresident upon receiving notice of the conviction of such person in another state of an offense which, if committed in this state, would be grounds for the suspension, revocation or cancellation of the privilege to operate a motor vehicle or the disqualification of the privilege to operate a commercial motor vehicle.
2023 West Virginia Code › Chapter 17E. Uniform Commercial Driver's License Act › Article 1. Commercial Driver's License › §17E-1-22. Effective Dates

All provisions of this chapter are effective immediately on passage except:
(a) Section seven - April 1, 1992.
(b) Section eight - July 1, 1989.
(c) Section nine - July 1, 1989.
(d) Section ten - July 1, 1989.
(e) Sections eleven, twelve, thirteen, fourteen - April 1, 1992.
2023 West Virginia Code › Chapter 17E. Uniform Commercial Driver's License Act › Article 1. Commercial Driver's License › §17E-1-23. Funding for the Commercial Driver's License Fees

(a) Each application for a commercial driver's license shall be accompanied by the fees provided in this section and the fees shall be deposited in a special revolving fund for the operation by the division of its functions established by this chapter: Provided, That on and after July 1, 2007, any unexpended balance remaining in the special revolving fund shall be transferred to the Motor Vehicle Fees Fund created under the provisions of section twenty-one, article two, chapter seventeen-a of this code and all further fees collected shall be deposited in that fund.
(b) The fee for a commercial driver's license shall be established by the commissioner to cover all necessary costs for program administration. The fees for knowledge and road testing shall also be established by the commissioner to cover all program costs projected to be incurred by the division.
2023 West Virginia Code › Chapter 17E. Uniform Commercial Driver's License Act › Article 1. Commercial Driver's License › §17E-1-25. Penalties

(a) It is a misdemeanor for any person to violate any of the provisions of this chapter unless the violation is by this chapter or other law of this state, declared to be a felony.
(b) Unless another penalty is provided in this chapter or by the laws of this state, every person convicted of a misdemeanor for the violation of any provisions of this chapter shall be fined not less than $100 nor more than $1,000, or confined for not more than six months in jail, or both fined and confined, except that for the second violation of section seven of this article and, upon conviction thereof, the offender shall be fined not less than $500 nor more than $2,000 or confined for not less than six months nor more than nine months in jail, or both fined and confined. For the third or any subsequent conviction for violation of section seven of this article, upon conviction thereof, the offender shall be fined not less than one $1,000 nor more than $2,500, or confined for not less than nine months nor more than one year in the county jail, or both fined and confined.
(c) The division shall impose a civil penalty, in addition to any penalty required under the provisions of this section on any driver who is convicted of violating subsection (e), section thirteen of this article. The penalty shall be $2,500 for the first offense and $5,000 for each subsequent offense.
2023 West Virginia Code › Chapter 17F. All-Terrain Vehicles › Article 1. Regulation of All-Terrain Vehicles › §17F-1-2. Safety Awareness Courses

(a) The Commissioner of Motor Vehicles shall offer a free all-terrain vehicle rider safety awareness course, and may approve other all-terrain vehicle rider safety awareness courses, to meet the reasonably anticipated needs of the public. The commissioner shall offer free safety awareness course materials to authorized dealers of all-terrain vehicles for use by purchasers and potential purchasers free of charge.
(b) The commissioner shall issue certificates of completion to persons who satisfactorily complete the requirements of an approved course. The commissioner may authorize a dealer of all-terrain vehicles and other approved providers to issue the certificates of completion. The commissioner may authorize a state institution of higher education, which is the operator, owner, trainer or promoter of an all-terrain vehicle rider safety awareness course approved by the commissioner, pursuant to subsection (a) of this section, to issue the certificates of completion on behalf of the commissioner.
(c) No person under the age of eighteen may operate an all-terrain vehicle without a certificate of completion of a vehicle rider safety awareness course as offered or approved by the commissioner.
(d) The provisions of subsection (c) of this section do not apply to the operation of an all-terrain vehicle on any private or public recreational trail or area or affiliated trail or area operated by a person or entity which has in place a safety program.
(e) No state institution of higher education, which operates, owns, trains or promotes an all-terrain vehicle rider safety awareness course approved by the commissioner, pursuant to this section, is liable for personal injuries to, or for the death of, a rider that may occur during an approved all-terrain vehicle rider safety awareness course, unless an employee or agent of the state institution of higher education's acts or omissions are with malicious purpose, in bad faith, or undertaken in a wanton or reckless manner.
2023 West Virginia Code › Chapter 17F. All-Terrain Vehicles › Article 1. Regulation of All-Terrain Vehicles › §17F-1-3. Local Government Authority to Regulate

Notwithstanding any provision of this article to the contrary:
(1) The governing body of a municipality may regulate in any manner or prohibit, by lawfully enacted ordinance, the operation of all-terrain vehicles upon any street, road or avenue within the municipal corporate limits.
(2) Homeowner associations may petition the county commission of the county in which the area regulated by the homeowner association is located for an ordinance to regulate or prohibit the operation of all-terrain vehicles upon any street, road or avenue within the area regulated by the homeowner association. County commissions are hereby authorized, upon receipt of a petition authorized by the provisions of this section, to enact an ordinance regulating or prohibiting the operation of all-terrain vehicles.
(3) The county commission of any county which has in effect and is operating under a countywide comprehensive plan may by lawfully enacted ordinance regulate or prohibit the operation of all-terrain vehicles on any road in the county, except interstate highways: Provided, That any county which enacts any such ordinance shall notify the West Virginia state police and all law-enforcement agencies in the county of its action in writing, together with a copy of the ordinance.
2023 West Virginia Code › Chapter 17F. All-Terrain Vehicles › Article 1. Regulation of All-Terrain Vehicles › §17F-1-4. All-Terrain Vehicle Rental Dealers Required to Provide Safety Equipment

Any person or entity renting or leasing all-terrain vehicles for recreational purposes must provide protective helmets as defined by the provisions of subdivision (5), subsection (a), section one of this article, to all persons using such vehicles who are under the age of eighteen and offer protective helmets to all persons eighteen and older using the rented or leased vehicles: Provided, That for the provisions of this section to be applicable, the age and identity of the users of the all-terrain vehicle must be disclosed to the person or entity providing the rented or leased vehicle.
2023 West Virginia Code › Chapter 17F. All-Terrain Vehicles › Article 1. Regulation of All-Terrain Vehicles › §17F-1-5. Private Property Exemption

Except as provided by the provisions of subdivisions (3), (4) and (5), subsection (a), section one of this article, and except as provided by the provisions of section two of this article, the provisions of this article do not apply if the all-terrain vehicle is operated exclusively on lands owned or leased by the vehicle owner or on private lands of others with the owner's permission.
2023 West Virginia Code › Chapter 17F. All-Terrain Vehicles › Article 1. Regulation of All-Terrain Vehicles › §17F-1-6. Exemption for Farm, Commercial Use; Current Regulations

(a) Except as provided by the provisions of subdivisions (4) and (5), subsection (a), section one, nothing in this article may be construed to preclude or limit the use or operation of all-terrain vehicles for lawful nonrecreational commercial purposes, including, but not limited to, farm use, oil and gas operations, timbering, surveying and public utilities access.
(b) Nothing in this chapter may be construed to supersede or contravene the provisions of any agreement between the State of West Virginia and any private or governmental entity entered into prior to the effective date of this chapter, or any lawfully promulgated legislative rule, including any emergency legislative rule, regulating the operation of all-terrain vehicles.
2023 West Virginia Code › Chapter 17F. All-Terrain Vehicles › Article 1. Regulation of All-Terrain Vehicles › §17F-1-7. Applicability of Rules of Operation

(a) Every person operating an all-terrain vehicle upon a public road or highway of this state shall be subject to all of the duties applicable to the driver of a vehicle by the provisions of chapter seventeen-c of this code except where inconsistent with the provisions of this article and except as to those provisions of chapter seventeen-c of this code which by their nature can have no application.
(b) Notwithstanding the provisions of subsection (a) of this section, a motor vehicle operator's license is not required of an operator of an all-terrain vehicle when he or she is operating said vehicle in conformity with the provisions of subdivision (2), subsection (a) or subsection (b), section one of this chapter except when the operator is under the age of eighteen and is transporting a passenger under the age of eighteen.
2023 West Virginia Code › Chapter 17F. All-Terrain Vehicles › Article 1. Regulation of All-Terrain Vehicles › §17F-1-8. Criminal Penalties

(a) Except as provided in the provisions of subsection (b) of this section and in addition to any other legal remedy for violation of civil or criminal provisions of this code, any person who violates the provisions of this article or municipal or county ordinance enacted pursuant to the provisions of section three of this article or who owns or has control over an all-terrain vehicle and knowingly permits it to be used in violation of the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100.
(b) Any parent, legal guardian or person who has actual responsibility for a child under eighteen years of age who knows or should have known the child is operating or is a passenger on an all-terrain vehicle without a helmet as required by the provisions of section one of this article is guilty of a misdemeanor and, shall, upon conviction, be subject to the following penalties:
(1) For a first offense, a fine of not less than $50 nor more than $100 or not more than ten hours of community service, or both;
(2) For a second offense, a fine of not less than $100 nor more than $200 or not more than twenty hours of community service, or both;
(3) For a third or subsequent offense, a fine of not less than $200 nor more than $500 or not more than one hundred hours of community service, or both.
2023 West Virginia Code › Chapter 17F. All-Terrain Vehicles › Article 1. Regulation of All-Terrain Vehicles › §17F-1-9. Definition of All-Terrain and Utility Terrain Vehicle

(a) As used in this chapter:
(1) “All-terrain vehicle” or “ATV” means any motor vehicle designed for off-highway use and designed to travel on not less than three low-pressure tires, having a seat or saddle designed to be straddled by the operator and handlebars for steering control and intended by the manufacturer to be used by a single operator or by an operator and no more than one passenger.
(2) “Utility-terrain vehicle” means any motor vehicle with four or more low-pressure tires designed for off-highway use having bench or bucket seating for each occupant and a steering wheel for control.
(3) “Motorcycle” means any motor vehicle manufactured with no more than two wheels and having a seat or a saddle for the use of the operator.
(4) “Off-highway vehicle” means a vehicle intended for off-highway use and includes all-terrain vehicles, utility-terrain vehicles, motorcycles and off-road vehicles;
(5) “Off-road vehicle” means a vehicle that is suitable for off-road use. It includes a four-wheel drive vehicle such as a Jeep, pickup or sport utility vehicle. It also includes a specially designed, modified or customized off-road vehicle that is of a similar size to a vehicle manufactured for highway use.
(b) As used in this article, “all-terrain vehicle” and “vehicle”, or the plural, mean all-terrain vehicles, utility-terrain vehicles, motorcycles and off-highway vehicles.
2023 West Virginia Code › Chapter 17G. Racial Profiling Data Collection Act › Article 1. Racial Profiling Data Collection › §17G-1-1. Definitions

The following words and phrases, when used in this chapter, shall, for the purposes of this chapter, have the meanings respectively ascribed to them in this article:
(a) "Gross data" means aggregate data regarding the information obtained under section two of this article.
(b) "Law-enforcement agency" means every state, county or municipal agency with officers who are authorized to direct or regulate traffic or to make arrests or issue citations or warnings for violations of traffic laws and ordinances.
(c) "Minority group" means individuals of any ethnic descent, including, but not limited to, African-American, Hispanic, Native American, Middle Eastern, Asian or Pacific Islander.
2023 West Virginia Code › Chapter 17G. Racial Profiling Data Collection Act › Article 1. Racial Profiling Data Collection › §17G-1-2. Information Obtained by Law-Enforcement Officers During a Traffic Stop

Each time a law-enforcement officer stops a driver of a motor vehicle for a violation of any motor vehicle statute or ordinance, other than for a nonviolation stop, including, but not limited to, a checkpoint for driving under the influence, license, registration or seat belts, the officer shall obtain and prepare a brief report based on the officer's visual observation and perception of basic information about the nature, duration and outcome of the stop, including, but not limited to, information relating to the perceived racial characteristics of each operator stopped. The report is to be provided to the West Virginia law-enforcement agency which employs the law-enforcement officer: Provided, That the failure of the law-enforcement officer to obtain and report racial profiling data shall not affect the validity of the underlying traffic citation or warning.
The information to be collected shall include:
(a) The identifying characteristics of the operator stopped, including perceived race, ethnicity or national origin, gender and age;
(b) The location and duration of the stop;
(c) The traffic violation or violations alleged to have been committed that led to the stop;
(d) Whether or not a warning or citation was issued as a result of the stop and if so, the specific violation, if any, charged or warning given;
(e) Whether a search was performed as a result of the stop;
(f) If a search was performed, whether the person consented to the search, the probable cause or reasonable suspicion for the search, whether the person was searched, whether the person's property was searched and the duration of the search;
(g) If a search was of a passenger in the motor vehicle, the perceived age, gender and race or minority group of the passenger;
(h) Whether any contraband was discovered or seized in the course of the search and the type of any contraband discovered or seized;
(i) Identify whether the search involved canine units or advanced technology; and
(j) Any additional information which the law-enforcement agency considers appropriate.
2023 West Virginia Code › Chapter 17G. Racial Profiling Data Collection Act › Article 1. Racial Profiling Data Collection › §17G-1-3. Law-Enforcement Officer Exemption From Civil Liability

Any law-enforcement officer who, in good faith, records traffic stop information under the requirements of section two of this article may not be held civilly liable for the act of inaccurately recording the information unless the officer's conduct was unconstitutional, unreasonable, intentional or reckless.
2023 West Virginia Code › Chapter 17G. Racial Profiling Data Collection Act › Article 2. Analysis of Traffic Stops Study and Annual Report by Director of the Governor's Committee on Crime, Delinquency and Correction › §17G-2-1. Format of Traffic Stops Data Collection Forms

The Division of Motor Vehicles shall provide a form as required by section three of this article, in both printed and electronic format, to be used by law-enforcement officers when making a traffic stop to record the information listed in section two, article one of this chapter.
2023 West Virginia Code › Chapter 17G. Racial Profiling Data Collection Act › Article 2. Analysis of Traffic Stops Study and Annual Report by Director of the Governor's Committee on Crime, Delinquency and Correction › §17G-2-2. Law-Enforcement Agency Traffic Stops Data Collection and Submission

(a) Each law-enforcement agency shall report its data described in section two, article one of this chapter to the Division of Motor Vehicles in a report format as prescribed by the division.
(b) If a law-enforcement agency fails to comply with the provisions of this section, the Division of Motor Vehicles shall notify the agency by certified mail of its failure to comply. If the agency continues to fail to comply, the Governor may withhold state-controlled funds appropriated to the noncompliant law-enforcement agency until reports are made as required by this article.
2023 West Virginia Code › Chapter 17H. Fully Autonomous Vehicle Act › Article 1. Fully Autonomous Vehicles › §17H-1-4. Construction

Nothing in this article shall be construed to:
(1) Prohibit a human driver from operating a fully autonomous vehicle to control all or part of the DDT;
(2) Prohibit a fully autonomous vehicle from operating without a human driver; or
(3) Prohibit a person from operating a vehicle with ADS that is not a fully autonomous vehicle on the public roads of this state.
2023 West Virginia Code › Chapter 17H. Fully Autonomous Vehicle Act › Article 1. Fully Autonomous Vehicles › §17H-1-5. Operation of Fully Autonomous Vehicles Without a Human Driver

(a) A person may operate a fully autonomous vehicle on the public roads of this state without a human driver provided that the ADS is engaged and the vehicle meets the following conditions:
(1) If a failure of the ADS occurs which renders the system unable to perform the entire dynamic driving task (DDT) relevant to its intended operational design domain, the fully autonomous vehicle will achieve a minimal risk condition;
(2) The fully autonomous vehicle is capable of operating in compliance with the applicable traffic and motor vehicle safety laws and regulations of this state when reasonable to do so, unless an exemption has been granted by the Department of Transportation; and
(3) When required by federal law, the vehicle bears the required manufacturers certification label indicating that at the time of its manufacture it has been certified to be in compliance with all applicable Federal Motor Vehicle Safety Standards, including reference to any exemption granted by the National Highway Traffic Safety Administration.
(b) Prior to operating a fully autonomous vehicle on the public roads of this state without a human driver, a person as defined in this article shall submit a law enforcement interaction plan to the department that describes:
(1) How to communicate with a fleet support specialist who is available during the times the vehicle is in operation;
(2) How to safely remove the fully autonomous vehicle from the roadway and steps to safely tow the vehicle;
(3) How to recognize whether the fully autonomous vehicle is in autonomous mode; and
(4) Any additional information the manufacturer or owner deems necessary regarding hazardous conditions or public safety risks associated with the operation of the fully autonomous vehicle.
2023 West Virginia Code › Chapter 17H. Fully Autonomous Vehicle Act › Article 1. Fully Autonomous Vehicles › §17H-1-6. Operation of a Fully Autonomous Motor Vehicle With an Ads by a Human Driver

(a) A person may operate a motor vehicle equipped with an ADS capable of performing the entire dynamic driving task (DDT) if:
(1) The ADS will issue a request to intervene whenever the ADS is not capable of performing the entire DDT, with the expectation that the person will respond appropriately to the request; and
(2) The ADS is capable of being operated in compliance with the applicable provisions of this article, unless an exemption has been granted by the Department of Transportation or the National Highway Traffic Safety Administration.
(b) Nothing in this article prohibits or restricts a human driver from operating a fully autonomous vehicle equipped with controls that allow for the human driver to control all or part of the DDT.
2023 West Virginia Code › Chapter 17H. Fully Autonomous Vehicle Act › Article 1. Fully Autonomous Vehicles › §17H-1-7. Operation of Fully Autonomous Commercial and Motor Carrier Vehicles

(a) A fully autonomous vehicle that is also a commercial vehicle under West Virginia law may operate pursuant to state laws governing the operation of commercial motor vehicles, except that any provision that by its nature reasonably applies only to a human driver does not apply to a vehicle operating with the ADS engaged.
(b) A fully autonomous vehicle that is also a motor carrier vehicle requiring a commercial drivers license pursuant to federal or state law may operate pursuant to Federal and State laws governing commercial drivers and the operation of commercial motor vehicles, except any provision which by its nature reasonably applies only to a human driver shall not apply to a fully autonomous vehicle operating with the ADS engaged. This section shall not apply to a school bus.
2023 West Virginia Code › Chapter 17H. Fully Autonomous Vehicle Act › Article 1. Fully Autonomous Vehicles › §17H-1-8. Operation of an On-Demand Autonomous Motor Vehicle Network

An on-demand autonomous motor vehicle network shall be permitted to operate pursuant to State laws governing the operation of transportation network companies, taxis, or any other ground transportation for-hire of passengers, with the exception that any provision of such laws that reasonably applies only to a human driver would not apply to the operation of fully autonomous vehicles with the ADS engaged on an on-demand autonomous vehicle network.
2023 West Virginia Code › Chapter 17H. Fully Autonomous Vehicle Act › Article 1. Fully Autonomous Vehicles › §17H-1-9. Licensing, Titling, and Registration

(a) When an automated driving system (ADS) installed on a motor vehicle is engaged:
(1) The ADS is considered the driver or operator for the purpose of assessing compliance with applicable traffic or motor vehicle laws and shall be considered to satisfy electronically all physical acts required by a driver or operator of the vehicle; and
(2) The ADS is considered to be licensed to operate the vehicle.
(b) A fully autonomous vehicle shall be properly registered in accordance with the laws of this state. If a fully autonomous vehicle is registered in this state, the vehicle shall be identified on the registration as a fully autonomous vehicle. The requirements under this article relating to exhibiting a drivers license and registration card are satisfied if the license and vehicle registration card are in the fully autonomous vehicle physically or electronically, and available for inspection by a police officer.
2023 West Virginia Code › Chapter 17H. Fully Autonomous Vehicle Act › Article 1. Fully Autonomous Vehicles › §17H-1-11. Control

(a) Unless otherwise provided in this article and notwithstanding any other provision of this code, fully autonomous vehicles and automated driving systems are governed exclusively by this article. The Department of Transportation is the sole and exclusive state agency that may implement the provisions of this article.
(b) No state agency, political subdivision, municipality, or local entity may prohibit the operation of fully autonomous vehicles, ADS, or on-demand autonomous vehicle networks, or otherwise enact or keep in force rules or ordinances that would impose taxes, fees, or other requirements (including performance standards), specific to the operation of fully autonomous vehicles, ADS, or on-demand autonomous vehicle networks in addition to the requirements of this act.
2023 West Virginia Code › Chapter 17H. Fully Autonomous Vehicle Act › Article 1. Fully Autonomous Vehicles › §17H-1-12. Platooning

(a) General rule. The department shall be the lead state agency on fully autonomous vehicle platooning under this section.
(b) Platoon restrictions. A platoon shall observe the following restrictions:
(1) A maximum of three vehicles shall be in a platoon;
(2) Vehicles in a platoon shall travel only on limited access highways or interstate highways, unless otherwise permitted by the Department or the West Virginia Division of Highways;
(3) The department or the West Virginia Division of Highways, as applicable under subdivision (2) of this subsection, may restrict movement under this section for operational or safety reasons, including, but not limited to, emergency conditions; and
(4) Consistent with applicable federal and state laws, the lead vehicle in a platoon may operate with a driver and non-lead vehicles may operate with an ADS engaged, with or without a driver.
(c) Plan for general platoon operations. A person may operate a platoon on a highway of this state if the person files and reviews a plan for general platoon operations with the department. The department shall review the plan in consultation with the State Police and the Division of Highways, as applicable. If the plan is not rejected by the department within 30 days after receipt of the plan, the person may operate the platoon.
(d) Non-lead vehicles. Non-lead vehicles in a platoon are not subject to violations of this code relating to following too closely.
(e) Visual identifiers required. Each vehicle in a platoon must be marked with a visual identifier. The department, after consultation with the State Police and the Division of Highways shall establish the criteria and placement of the visual identifier.