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2023 West Virginia Code › Chapter 17B. Motor Vehicle Driver's Licenses › Article 2. Issuance of License, Expiration and Renewal › §17B-2-7b. Separate Examination and Endorsement for a License Valid for Operation of Motorcycle

(a) The State Police shall administer a separate motorcycle examination for applicants for a license valid for operation of a motorcycle. On and after July 1, 2000, the Division of Motor Vehicles shall administer the examination provided for in this section. Any applicant for a license valid for operation of a motorcycle shall be required to successfully complete the motorcycle examination, which is in addition to the examination administered pursuant to section seven of this article and, if under the age of eighteen, shall be required to complete the requirements for a level two intermediate driver’s license set forth in paragraphs (B), (C) and (D), subdivision (1), subsection (j), section three-a of this article: Provided, That the commissioner may exempt an applicant for a motorcycle driver’s license or endorsement from all or part of the motorcycle license examination as provided in section six, article one-d of this chapter. The motorcycle examination shall test the applicant’s knowledge of the operation of a motorcycle and of any traffic laws specifically relating to the operation of a motorcycle and shall include an actual demonstration of the ability to exercise ordinary and reasonable control in the operation of a motorcycle. An applicant for a license valid for the operation of only a motorcycle shall be tested as provided in this section and in section seven of this article, but need not demonstrate actual driving ability in any vehicle other than a motorcycle. The examination provided in this section may not be made a condition upon the renewal of the license of any person under this section. For an applicant who successfully completes the motorcycle examination, upon payment of the required fee, the division shall issue a motorcycle endorsement on the driver’s license of the applicant, or shall issue a special motorcycle-only license if the applicant does not possess a driver’s license: Provided, however, That any holder of a motorcycle-only license under the age of eighteen is subject to the provisions of paragraphs (A), (B), (E), (F), (G) and (H), subdivision (2), subsection (j), section three-a of this article.
Every person, including those holding a valid driver’s license, is required to take the examination specified in this section to obtain a motorcycle license or endorsement, unless exempted under subsection (b) of this section.
(b) Notwithstanding any provision of this code to the contrary, a person with a valid driver’s license who is operating an autocycle is exempt from the motorcycle examination, licensing and endorsement requirements set forth in this article.
2023 West Virginia Code › Chapter 17B. Motor Vehicle Driver's Licenses › Article 2. Issuance of License, Expiration and Renewal › §17B-2-7c. Motorcycle License Examination Fund

On and after July 1, 2007, any unexpended balance remaining in the Motorcycle License Examination Fund heretofore created 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. The fund shall include all moneys received from fees collected for motorcycle instruction permits under this article and any other moneys specifically allocated to the fund.
If any person willfully fails or refuses to return to the division the evidences of the registration, title, permit or license that have been canceled, suspended or revoked, or any dealer special plates, when obligated so to do as provided in this section, the commissioner shall immediately notify the superintendent of the State Police who shall, as soon as possible, secure possession of the evidences of registration, title, permit or license or any special dealer plates and return it to the division. The Superintendent of the State Police shall make a report in writing to the commissioner, within two weeks after being notified by the commissioner, as to the result of his or her efforts to secure the possession and return of the evidences of registration, title, permit or license, or any dealer special plates.
For each registration, certificate of title, registration card, registration plate or plates, temporary registration plate or marker, permit, license certificate or dealer special plate, which the owner, holder or other person in possession of the registration, title, permit or license or any special dealer plates shall have willfully failed or refused, as provided in this section, to return to the division within ten days from the time that the cancellation, suspension or revocation becomes effective, and which has been certified to the superintendent of the State Police as specified in this section, the owner or holder shall, before the registration, title, permit or license or any special dealer plates may be reinstated, if reinstatement is permitted, in addition to all other fees and charges, pay a fee of $15, which shall be collected by the Division of Motor Vehicles, paid into the State Treasury and credited to the General Fund to be appropriated to the State Police for application in the enforcement of the road laws.
A total of $25 may be collected on each reinstatement for each vehicle to which any cancellation, suspension or revocation relates: Provided, That when any motor vehicle registration is suspended for failure to maintain motor vehicle liability insurance the reinstatement fee is $100 and if the vehicle owner fails to surrender the vehicle registration and the orders go to the State Police, an additional fee of $50 shall be required before the motor vehicle registration may be reinstated. A total of $150 may be collected on each reinstatement of any motor vehicle registration canceled, suspended or revoked for failure to maintain motor vehicle liability insurance.
2023 West Virginia Code › Chapter 17B. Motor Vehicle Driver's Licenses › Article 2. Issuance of License, Expiration and Renewal › §17B-2-9. License to Be Carried and Exhibited on Demand; Penalty

(a) Every licensee shall have his or her driver's license in such person's immediate possession at all times when operating a motor vehicle and shall display the same, upon demand of a magistrate, municipal judge, circuit court judge, peace officer, or an employee of the division.
(b) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500: Provided, That no person charged with violating this section shall be convicted if such person produces in court or at the office of the arresting officer a driver's license issued to such person and valid at the time of such person's arrest.
2023 West Virginia Code › Chapter 17B. Motor Vehicle Driver's Licenses › Article 2. Issuance of License, Expiration and Renewal › §17B-2-9a. Exemptions of Certain Railroad Workers

Notwithstanding any provision of this code to the contrary, in any circumstance involving an accident or alleged violation of law in which the engineer or any other crew member of any train is detained by any law-enforcement officer, the engineer and all crew members shall not be required to furnish a driver's license issued by the Division of Motor Vehicles: Provided, That the engineer and all crew members shall be required to produce photo identification issued by the railroad employer or any other state or federal authority other than the Division of Motor Vehicles upon request of any law-enforcement officer during the course of investigating an accident or alleged violation of law involving the operation of a train.
2023 West Virginia Code › Chapter 17B. Motor Vehicle Driver's Licenses › Article 2. Issuance of License, Expiration and Renewal › §17B-2-10. Restricted Licenses

(a) The division upon issuing a driver's license shall have authority whenever good cause appears to impose restrictions suitable to the licensee's driving ability with respect to the type of or special mechanical control devices required on a motor vehicle which the licensee may operate or such other restrictions applicable to the licensee as the division may determine to be appropriate to assure the safe operation of a motor vehicle by the licensee.
(b) The division shall issue a restricted license to a person who has failed to pay overdue child support or comply with subpoenas or warrants relating to paternity or child support proceedings if a court orders restrictions of the person's license as provided in article fifteen, chapter forty-eight of this code.
(c) The division may either issue a special restricted license or may set forth such restrictions upon the usual license form.
(d) The division may upon receiving satisfactory evidence of any violation of the restrictions of such license suspend or revoke the same but the licensee shall be entitled to a hearing as upon a suspension or revocation under this chapter.
(e) It is a misdemeanor for any person to operate a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to such person.
2023 West Virginia Code › Chapter 17B. Motor Vehicle Driver's Licenses › Article 2. Issuance of License, Expiration and Renewal › §17B-2-11. Duplicate Permits and Licenses

In the event that an instruction permit or driver’s license issued under the provisions of this chapter is lost or destroyed, or if the information contained on the license has changed, the person to whom the permit or license was issued may upon making proper application and upon payment of a fee of $7.50 obtain a duplicate thereof upon furnishing proof satisfactory to the division that the permit or license has been lost or destroyed. The Division of Motor Vehicles may adjust this fee every five years on September 1, based on the U. S. Department of Labor, Bureau of Labor Statistics most current Consumer Price Index: Provided, That an increase in such fee may not exceed ten percent of the total fee amount in a single year.
The provisions of this article enacted in 2017 take effect on July 1, 2017.
2023 West Virginia Code › Chapter 17B. Motor Vehicle Driver's Licenses › Article 2. Issuance of License, Expiration and Renewal › §17B-2-12. Expiration of Licenses

(a) Except as provided in subsection (c) of this section, every driver's license expires eight years from the date of its issuance.
(b)(1) Every driver's license issued to a person who has attained his or her twenty-first birthday expires on the licensee's birthday. The commissioner may modify the expiration date of any license as necessary to effectuate the transition from the five-year renewal cycle to an eight-year renewal cycle as he or she considers necessary.
(2) Every driver's license issued to a person who has not attained his or her twenty-first birthday expires thirty days after the licensee's twenty-first birthday, except as provided in section three-a of this article.
(3) The driver's license of any person in the armed forces expires six months after the date on which the person is separated from active duty in the armed forces under honorable circumstances.
(c) A license issued to a person who is not a citizen of the United States may only be issued for the time the person is legally authorized to be in the United States, not to exceed eight years. If the time the person is authorized to be in the United States is extended, the commissioner may renew the license in accordance with section twelve-a of this article for the time extended, not to exceed eight years.
2023 West Virginia Code › Chapter 17B. Motor Vehicle Driver's Licenses › Article 2. Issuance of License, Expiration and Renewal › §17B-2-12a. Renewal of Driver's License Upon Expiration; Vision Screening; Renewal Fees

(a) The commissioner shall notify each person who holds a valid driver's license of the expiration date of the license by first class mail or by electronic means to the last address known to the division. The notice shall be mailed at least ninety days prior to the expiration date of the license and shall include a renewal application form and instructions for renewal.
(b) The commissioner, at his or her discretion, may provide a program of electronic renewal notices to licensees and an electronic web-based renewal process. This process may include an electronic vision screening verification or waiver subject to processes and restrictions the commissioner considers necessary for highway safety, secure processing and identity verification. The online program shall require the applicant to have his or her digital photo updated at least once every sixteen years.
(c) The holder of a valid driver's license may apply to the division for renewal of the license on the form provided by the division. To be eligible for license renewal the applicant must:
(1) Pay the fee required by section eight of this article;
(2) Obtain a new color photograph from the division, except as provided in subsection (b) of this section; and
(3) Pass a vision screening conducted in the manner prescribed by the division.
(d) The commissioner shall assess an additional fee of $5 for every application for renewal submitted after the expiration of the applicant's license.
(e) The commissioner shall determine whether an applicant qualifies for a renewed license.
(f) The commissioner shall provide by rule a procedure by which an applicant who does not meet the minimum vision standards for licensure may present evidence to show that his or her vision has been corrected to meet the minimum visual standards and that he or she is capable of safely operating a motor vehicle.
(g) The commissioner may not renew the driver's license of an applicant whose eyesight cannot be corrected to conform to the minimum vision standards established by this code and by the rules of the commissioner.
(h) Vision screening conducted pursuant to this section may not be used to collect any type of personal biometric identifying information including, but not limited to, a retinal scan.
(i) The commissioner shall propose legislative rules for promulgation in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this section.
2023 West Virginia Code › Chapter 17B. Motor Vehicle Driver's Licenses › Article 2. Issuance of License, Expiration and Renewal › §17B-2-13. Notice of Change of Address or Name

(a) Whenever any person after applying for or receiving a drivers license moves from the address named in the application or in the license issued to the person, or when the name of a licensee is changed by marriage or otherwise, the person shall within 20 days thereafter notify the division in writing of the old and new addresses or of the former and new names and of the number of any license then held by the person on the forms prescribed by the division. Notwithstanding the provisions of legislative rule 91 CSR 4, the division may renew or reissue a drivers license or identification card online in accordance with 17B-2-1 or 17B-2-12a of this code at the request of a person due to a change in the persons postal address.
(b) Whenever any person, after applying for or receiving a drivers license, is assigned a new address by the United States postal service or other legally constituted authority, the person shall notify the division in writing of the old and new address and of the number of any license held by the person. The notification of change of address shall be made at least 20 days prior to the final date on which mail with the old address is deliverable by the United States postal service.
(c) The provisions of 17B-5-1 of this code relating to imprisonment do not apply to persons who violate the provisions of this section.
2023 West Virginia Code › Chapter 17B. Motor Vehicle Driver's Licenses › Article 2. Issuance of License, Expiration and Renewal › §17B-2-14. Records and Indices to Be Kept by the Division

The division shall file every application for a license received by it and shall maintain suitable indices containing, in alphabetical order:
(1) All applications denied and on each a notation of the reasons for such denial;
(2) All applications granted; and
(3) The name of every licensee whose license has been suspended or revoked by the division and after each name a notation of the reasons for the action: Provided, That upon application for a license by an individual eighteen years of age or older, any record of a previous license denial, suspension or revocation related solely to the school attendance of the applicant may not be released to any third party.
The division shall also file all abstracts of court records of convictions received by it under the laws of this state and in connection therewith maintain convenient records or make suitable notations in order that an individual record of each licensee showing the convictions of such licensee shall be readily ascertainable and available for the consideration of the division upon any application for renewal of license and at other suitable times.
2023 West Virginia Code › Chapter 17B. Motor Vehicle Driver's Licenses › Article 2. Issuance of License, Expiration and Renewal › §17B-2-15. Authority for Rules

The commissioner may propose legislative rules for promulgation that are necessary to carry out the examination, license and endorsement provisions of this chapter and the provisions regarding motor vehicle registration in accordance with the provisions of article three, chapter twenty-nine-a of this code.
2023 West Virginia Code › Chapter 17B. Motor Vehicle Driver's Licenses › Article 2A. Requirement of Compliance With Selective Service Registration › §17B-2A-1. Legislative Intent

It is the intent of the Legislature in enacting this article to protect state residents from the penalties associated with failing to register with the United States selective service system and to help ensure that any future draft is fair and equitable to all potential draftees.
The Legislature finds and declares that the penalties associated with noncompliance are severe, including, but not limited to, a felony conviction and forfeiture of the ability to seek state employment from certain state agencies and departments. In addition, failure to register may permanently preclude the violator from acquiring many federal benefits, such as federal employment, including employment with the United States postal service, federal and state student financial assistance, participation in federally funded job training programs and eligibility for United States citizenship for immigrants seeking citizenship.
Therefore, in recognition of the severe consequences of noncompliance and the importance of helping ensure that any future draft is fair and equitable, it is the intent of the Legislature to notify state residents of their responsibility to register with selective service and to provide them the opportunity to register concurrent with applying for a driver's license or identification card.
2023 West Virginia Code › Chapter 17B. Motor Vehicle Driver's Licenses › Article 2A. Requirement of Compliance With Selective Service Registration › §17B-2A-2. Compliance With Registration Requirements of Military Selective Service Act

For each application for the issuance, renewal or duplicate of an instruction permit, a driver’s license, a professional driver’s license, a commercial driver’s license or an identification card by which those persons required to register in compliance with the requirements of section three of the Military Selective Service Act, 50 U. S. C. App. 451, et seq., the division shall automatically enroll persons required to register who have not previously registered and shall forward required information to the selective service system. The signature on the application may serve as his or her consent to registration with the selective service system.
2023 West Virginia Code › Chapter 17B. Motor Vehicle Driver's Licenses › Article 2B. License to Operate a Motor Vehicle With Bioptic Telescopic Device › §17B-2B-1. Definitions

For purposes of this article, the following terms have the meaning indicated:
(1) "Applicant" means any person applying for a Class G instruction permit or license to operate a motor vehicle in this state who must use a bioptic telescopic device to meet the commissioners minimum visual acuity and visual field standards for licensure.
(2) "Approved driver training program" means a program that:
(A) Provides and coordinates comprehensive assessment and training of driving skills and responses;
(B) Emphasizes clinical and functional vision skills, predriver readiness skills and the physical, mental and social driving skills of an applicant; and
(C) Is approved by the Division of Rehabilitation Services, after consultation with the division.
(3) "Bioptic telescopic device" means a two focus optical system used to magnify distant objects by including a small telescope that is mounted in a spectacle lens so as to allow an unobstructed view of the horizontal visual field through normal distance corrective lenses.
(4) "Corrective lenses" means eyeglasses, contact lenses, and intraocular lenses, but does not mean a bioptic telescopic device.
(5) "Daytime driving restriction" means a limitation on the operation of a motor vehicle to:
(A) The period of time between 30 minutes after sunrise and 30 minutes before sunset; and
(B) Weather conditions that do not significantly reduce the visibility of the roadway, other traffic, and traffic control devices.
(6) "Field expander" means a device used to compensate for peripheral visual field loss.
(7) "Restricted out-of-state driver" means a person who has been issued, by another state, a valid drivers license with a restriction requiring the driver to use a bioptic telescopic device.
(8) "Vision specialist" means a licensed ophthalmologist or optometrist.
(9) "Visual acuity" means the measure of a persons clarity of vision based on the Snellen visual acuity scale.
(10) "Visual field" means the area of physical space visible to the eye in a given fixed position.
2023 West Virginia Code › Chapter 17B. Motor Vehicle Driver's Licenses › Article 2B. License to Operate a Motor Vehicle With Bioptic Telescopic Device › §17B-2B-2. Class G Instruction Permit or Driver S License; Participation in Approved Driver Training Program; Eligibility Criteria; Required Curriculum

(a) A person who does not meet the visual acuity and visual field standards established by the commissioner for licensure to operate a motor vehicle in this state, but who is able to satisfy the minimum vision requirements using a bioptic telescopic device is eligible for a Class G instruction permit or drivers license pursuant to this article if he or she is participating in or has successfully completed an approved driver training program.
(b) An applicant is eligible to participate in an approved driver training program if he or she:
(1) Submits to the commissioner and to the Division of Rehabilitation Services a report of examination by a vision specialist, on a form prescribed by the Division of Rehabilitation Services, which certifies that:
(A) In the opinion of the vision specialist, the applicants vision can be corrected with the use of a bioptic telescopic device and without field expanders to satisfy the minimum visual acuity and visual field standards established by the commissioner;
(B) No ocular diagnosis or prognosis currently exists or is likely to occur during the period of licensure which would cause deterioration of the applicants visual acuity or visual field to levels below the commissioners minimum visual acuity and visual field standards for licensure; and
(C) The applicant is a likely candidate for acceptance into an approved driver training program; and
(2) Satisfies any other criteria for participation established by the Division of Rehabilitation Services.
(c) An approved driver training program shall include, at a minimum:
(1) Predriving instruction with regard to highway signs and the rules of the road;
(2) Predriving instruction in proper use of bioptic telescopic devices; and
(3) At least 30 hours of behind-the-wheel instruction in driving with bioptic telescopic devices.
(d) The Division of Rehabilitation Services, or its approved driver training program, may waive predriving instruction with regard to highway signs and the rules of the road pursuant to subdivision (1), subsection (c) of this section if the applicant:
(1) Has at least three years of experience driving with an unrestricted license; and
(2) Passes the written examination provided in 17B-2B-3(a)(2) of this code.
2023 West Virginia Code › Chapter 17B. Motor Vehicle Driver's Licenses › Article 2B. License to Operate a Motor Vehicle With Bioptic Telescopic Device › §17B-2B-3. Class G Instruction Permit; Eligibility Criteria; Restrictions; Duration of Permit

(a) An applicant is eligible for a Class G instruction permit if he or she has:
(1) Been accepted into and enrolled in an approved driver training program;
(2) Passed a written examination, in the manner prescribed by the commissioner, testing the applicant's:
(A) Ability to read and understand highway signs regulating, warning and directing traffic; and
(B) Knowledge of the traffic laws of this state; and
(3) Satisfied, at each stage of the licensing process, any additional requirements for an instruction permit required by article two of this chapter that are not addressed in this article.
(b) The commissioner may not issue a Class G instruction permit until the applicant has surrendered any license he or she currently holds to operate a motor vehicle.
(c) A Class G instruction permit authorizes the permittee to operate a Class A passenger motor vehicle, weighing eight thousand (8000) pounds or less, subject to the following restrictions:
(1) The applicant may drive only while using a bioptic telescopic device;
(2) The applicant is subject to a daytime driving restriction;
(3) The applicant may drive only when accompanied by a certified driver rehabilitation specialist or driver rehabilitation educator; and
(4) Any other conditions or restrictions the commissioner considers necessary to insure the safe operation of the motor vehicle.
(d) A Class G instruction permit is valid for up to one year. Upon expiration of the instruction permit, the applicant may reapply for a new instruction permit, provided that he or she is eligible pursuant to subsection (a) of this section.
2023 West Virginia Code › Chapter 17B. Motor Vehicle Driver's Licenses › Article 2B. License to Operate a Motor Vehicle With Bioptic Telescopic Device › §17B-2B-5. Restrictions on Class G Driver's License; Removal of Daytime Driving Restriction

(a) A Class G driver's license authorizes the licensee to operate a Class A passenger motor vehicle, weighing eight thousand pounds or less, subject to the following restrictions:
(1) The applicant may drive only while using a bioptic telescopic device;
(2) Daytime driving restriction; and
(3) Any other conditions or restrictions the commissioner considers necessary to insure the safe operation of the motor vehicle.
(b) An applicant to whom a Class G driver's license has been issued may apply to the commissioner for removal of the daytime driving restriction if the applicant has:
(1) Operated a motor vehicle for thirty-six months without an at-fault accident, moving violation or license suspension;
(2) Submitted a report of a vision examination, conducted not more than six months prior to the application, by a vision specialist showing that the licensee's visual impairment is stable and that he or she can see well enough to operate a vehicle at night;
(3) Successfully completed additional evaluation and training, in an approved driver training program, specifically designed for night driving;
(4) Passed a comprehensive night driving examination.
2023 West Virginia Code › Chapter 17B. Motor Vehicle Driver's Licenses › Article 2B. License to Operate a Motor Vehicle With Bioptic Telescopic Device › §17B-2B-6. Restricted Out-of-State Drivers; Required to Obtain Class G Driver S License; Surrender of Current License; Waiver of Requirement to Participate in an Approved Driver Training Program

(a) A restricted out-of-state driver establishing residence in West Virginia must apply for a Class G drivers license in this state.
(b) To obtain a Class G drivers license, the restricted out-of-state driver must:
(1) Satisfy all the requirements of licensure contained in sections three and four of this article;
(2) Surrender his or her out-of-state drivers license to the commissioner; and
(3) Provide the commissioner with a report of examination by a vision specialist, conducted no more than 90-days prior to the application, showing that the applicant meets the minimum vision standards.
(c) If, based upon an evaluation of the out-of-state drivers abilities, along with any recommendations, the Division of Rehabilitation Services, or its approved driver training program, certifies to the commissioner that the restricted out-of-state driver was required, as a condition of licensure in the other state, to complete training substantially equivalent to the approved driver training program required by this article, the commissioner may waive the requirement that the restricted out-of-state driver complete an approved driver training program in this state prior to licensure.
2023 West Virginia Code › Chapter 17B. Motor Vehicle Driver's Licenses › Article 2B. License to Operate a Motor Vehicle With Bioptic Telescopic Device › §17B-2B-7. Renewal of License

(a) A Class G driver's license is valid for no more than two years.
(b) To renew a Class G driver's license, the licensee must submit a report of a comprehensive vision examination by a vision specialist at least ninety-days prior to expiration of the license.
(c) If the vision specialist certifies that the conditions causing the licensee's visual impairment are stable, and the licensee continues to satisfy the commissioner's minimum visual acuity and visual field standards for licensure, the division shall renew the license for a period of one year.
(d) If the vision specialist certifies that the conditions causing the licensee's visual impairment are unstable or deteriorating, the commissioner may require the licensee to undergo additional testing or training before deciding whether to renew the license.
(e) If any comprehensive vision examination by a vision specialist determines that the licensee no longer satisfies the minimum visual acuity or visual field standards for licensure, the division shall not renew the license.
2023 West Virginia Code › Chapter 17B. Motor Vehicle Driver's Licenses › Article 2B. License to Operate a Motor Vehicle With Bioptic Telescopic Device › §17B-2B-8. Suspension, Revocation and Reinstatement of License

(a) The commissioner may immediately suspend the Class G driver's license of any driver who is involved in an accident resulting in bodily injury or death, violates the restrictions placed on his or her license or is convicted of more than one moving violation within a twelve-month period, if the commissioner makes a finding that allowing the licensee to continue to drive pending resolution of the suspension would present a danger to the public.
(b) The commissioner shall suspend the driver's license of any licensee who fails to meet visual acuity or visual field minimum standards.
(c) The commissioner shall suspend the driver's license of any licensee who fails an evaluation of his or her ability to safely operate a motor vehicle by the division of rehabilitation's driving training program.
(d) A licensee whose license is suspended pursuant to this section may request a hearing within ten days of receiving the commissioner's notice of immediate suspension. No stay of the license suspension may be granted pending the hearing, but the commissioner must conduct a requested hearing on the suspension of the license within seventy days of receiving the request for a hearing. Only the licensee may request a continuance, but no stay of the suspension may be granted pending the delayed hearing.
2023 West Virginia Code › Chapter 17B. Motor Vehicle Driver's Licenses › Article 2B. License to Operate a Motor Vehicle With Bioptic Telescopic Device › §17B-2B-9. Commissioner and Director to Collect Information Regarding Class G Licensees; Report to Legislature

(a) The commissioner shall collect and monitor information regarding accidents, license suspensions and revocations and convictions of Class G licensees.
(b) On or before February 1, of each year after the first Class G driver's license is issued:
(1) The commissioner shall provide to the Joint Committee on Government and Finance a written report detailing:
(A) The number of Class G driver's licenses issued in the previous calendar year; and
(B) Whether and to what extent holders of Class G driver's licenses were, during the previous calendar year:
(i) Involved in vehicular crashes; or
(ii) The subject of proceedings to suspend or revoke their licenses or were convicted of offenses involving moving violations, the rules of the road, illegal substance use or legal substance abuse.
(2) The Director of the Division of Rehabilitation Services shall provide to the Joint Committee on Government and Finance a written report detailing, for the previous calendar year:
(A) The number of applicants for the approved driver training program;
(B) The number of persons who successfully completed the program;
(C) The number of persons who failed to complete the program and the reason for each failure; and
(D) The status of the approved driver training program's funding and the extent to which persons who applied for the program were able to pay the costs associated with it.
2023 West Virginia Code › Chapter 17B. Motor Vehicle Driver's Licenses › Article 2B. License to Operate a Motor Vehicle With Bioptic Telescopic Device › §17B-2B-10. Rules

(a) The Director of the Division of Rehabilitation Services, after consultation with the commissioner, shall propose legislative rules for promulgation in accordance with article three, chapter twenty-nine-a of this code establishing:
(1) Additional criteria, including minimum visual acuity and visual field standards, for acceptance into an approved driver training program;
(2) Additional curriculum requirements for an approved driver training program;
(3) Standards for successful completion of an approved driver training program;
(4) Standards for the comprehensive road skills test;
(5) Criteria for certifying whether an out-of-state driver training program is substantially equivalent to an approved driver training program in this state;
(6) Minimum requirements for additional driver training, if required, including criteria for night time driving;
(7) Any other standards or criteria necessary to implement this article.
(b) The commissioner, in collaboration with the Director of the Division of Rehabilitation Services, shall propose legislative rules for promulgation in accordance with article three, chapter twenty-nine-a of this code establishing:
(1) Criteria for issuance of a Class G instruction permit or driver's license, including minimum visual acuity and visual field standards;
(2) Standards for imposing and removing additional restrictions on an individual applicant's Class G instruction permit or driver's license;
(3) Standards for suspension, revocation and reinstatement of a Class G instruction permit or driver's license; and
(4) Any other standards or criteria necessary to implement this article.
2023 West Virginia Code › Chapter 17B. Motor Vehicle Driver's Licenses › Article 2B. License to Operate a Motor Vehicle With Bioptic Telescopic Device › §17B-2B-11. Applicability

Except for the provisions of subsection (d), section four of this article requiring an annual report of vision examination to be submitted to the commissioner, the provisions of this article are not applicable to any person licensed by the commissioner to operate a motor vehicle with a bioptic telescopic device prior to the effective date of this article.
2023 West Virginia Code › Chapter 17B. Motor Vehicle Driver's Licenses › Article 3. Cancellation, Suspension or Revocation of Licenses › §17B-3-1. Authority of Division to Cancel License

The division is hereby authorized to cancel any operator's or chauffeur's license in any of the following events:
(1) When the division determines that the licensee was not entitled to the issuance thereof hereunder; or
(2) When said licensee failed to give the required or correct information in his application; or
(3) When said licensee committed any fraud in making such application; or
(4) When the division determines that the required fee has not been paid and the same is not paid upon reasonable notice or demand.
2023 West Virginia Code › Chapter 17B. Motor Vehicle Driver's Licenses › Article 3. Cancellation, Suspension or Revocation of Licenses › §17B-3-2. Suspending Privileges of Nonresidents and Reporting Convictions

The privilege of driving a motor vehicle on the highways of this state given to a nonresident hereunder shall be subject to suspension or revocation by the department in like manner and for like cause as an operator's or chauffeur's license issued hereunder may be suspended or revoked.
The department shall, upon receiving a record of the conviction in this state of a nonresident driver of a motor vehicle of any offense under the motor vehicle laws of this state, forward a certified copy of such record to the motor vehicle administrator in the state wherein the person so convicted is a resident.
2023 West Virginia Code › Chapter 17B. Motor Vehicle Driver's Licenses › Article 3. Cancellation, Suspension or Revocation of Licenses › §17B-3-3. Suspending Resident's License Upon Conviction in Another State

The department is authorized to suspend or revoke the license of any resident of this state or the privilege of a nonresident to drive a motor vehicle in this state upon receiving notice of the conviction of such person in another state of an offense therein which, if committed in this state, would be a ground for the suspension or revocation of the license of an operator or chauffeur.
2023 West Virginia Code › Chapter 17B. Motor Vehicle Driver's Licenses › Article 3. Cancellation, Suspension or Revocation of Licenses › §17B-3-3a. Suspending License for Failure to Respond or Appear in Court

(a) The division shall suspend the license of any resident of this state or the privilege of a nonresident to drive a motor vehicle in this state upon receiving notice from a magistrate court or municipal court of this state that such person has failed to respond or appear in court when charged with a motor vehicle violation.
(b) For the purposes of this section, 50-3-2a of this code and 8-10-2b of this code, "motor vehicle violation" is as any violation designated in chapters 17A, 17B, 17C, 17D, or 17E of this code, or the violation of any municipal ordinance relating to the operation of a motor vehicle for which the violation thereof would result in a fine or penalty:
Provided,
That any parking violation or other violation for which a citation may be issued to an unattended vehicle shall not be considered a motor vehicle violation for the purposes of this section, 50-3-2a of this code, or 8-10-2b of this code.
2023 West Virginia Code › Chapter 17B. Motor Vehicle Driver's Licenses › Article 3. Cancellation, Suspension or Revocation of Licenses › §17B-3-4. Abstract of Judgment of Conviction for Violation of Motor Vehicle Laws to Be Sent to Division

Whenever a conviction is had in any court of record, or in a justice's court, or in the police court or mayor's court of any incorporated municipality, for the violation of any law of this state governing or regulating the licensing or operation of any motor vehicle, or for the violation of any provision of a charter, or bylaw, or ordinance of such incorporated municipality governing or regulating the operation of motor vehicles, except regulations governing standing or parking, the clerk of every such court, or the justice, or the clerk or recorder of such municipality, as the case may be, shall in each case transmit to the division within seventy-two hours after such conviction is had a certified abstract of the judgment on such conviction.
For the purposes of this chapter, a forfeiture of bail or collateral deposited to secure a defendant's appearance in court, which forfeiture has not been vacated, shall be equivalent to a conviction.
Wilful failure, refusal or neglect to comply with the provisions of this section shall subject the person who is guilty thereof to a fine of not less than $10 nor more than $50 and may be the grounds for removal from office.
2023 West Virginia Code › Chapter 17B. Motor Vehicle Driver's Licenses › Article 3. Cancellation, Suspension or Revocation of Licenses › §17B-3-5. Grounds for Mandatory Revocation of License by Department

The department shall forthwith revoke the license of any operator or chauffeur upon receiving a record of such operator's or chauffeur's conviction of any of the following offenses, when such conviction has become final: Provided, That if the convicted driver had not reached his or her nineteenth birthday at the time of the conduct for which the license is revoked under this section, the license shall be revoked until the driver's nineteenth birthday, or the applicable statutory period of revocation, whichever is longer:
(1) Manslaughter or negligent homicide resulting from the operation of a motor vehicle;
(2) Any felony in the commission of which a motor vehicle is used;
(3) Failure to stop and render aid as required under the laws of this state in the event of involvement in a motor vehicle accident resulting in the death or personal injury of another;
(4) Perjury or the making of a false affidavit or statement under oath to the department under this chapter or under any other law relating to the ownership or operation of motor vehicles;
(5) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of twenty-four months;
(6) Driving under the influence of alcohol, controlled substances or other drugs outside the State of West Virginia which conviction is under a municipal ordinance or statute of the United States or any other state of an offense which has the same elements as an offense described in section two, article five, chapter seventeen-c of this code; and
(7) Nothing herein shall prohibit the department from exercising its authority to revoke or suspend a person's license to drive a motor vehicle in this state, as provided in chapter seventeen-c of this code.
2023 West Virginia Code › Chapter 17B. Motor Vehicle Driver's Licenses › Article 3. Cancellation, Suspension or Revocation of Licenses › §17B-3-7. Department May Require Reexamination

The department, having good cause to believe that a licensed operator or chauffeur is incompetent or otherwise not qualified to be licensed, may upon written notice of at least five days to the licensee require him to submit to an examination. Upon the conclusion of such examination the department shall take such action as may be appropriate and may suspend or revoke the license of such person or permit him to retain such license, or may issue a license subject to restrictions as permitted under section ten, article two of this chapter. Refusal or neglect of the licensee to submit to such examination shall be ground for suspension or revocation of his license.
2023 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.
2023 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.
2023 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.
2023 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.