reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-16 - Eligibility For Reinstatement Following Suspension Or Revocation Of Driving Privileges › Section 91-16-3 - Suspension of Revocation of Driving Privileges

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Surrender - Any person whose driving
				privileges have been suspended or revoked by the Commissioner of Motor Vehicles
				shall surrender all operator's and chauffeur's licenses in their possession
				pursuant to the provisions of the suspension or revocation order
				entered.
3.2. Lost or Destroyed
				Operator's or Chauffeur's Licenses - Any person who is unable to surrender
				their operator's or chauffeur's license because it has been lost or destroyed
				shall submit a sworn affidavit stating that the operator's or chauffeur's
				license has been lost or destroyed. The affidavit shall be held by the
				Commissioner in lieu of the actual operator's or chauffeur's license: Provided,
				That any person making a false affidavit shall, pursuant to the provisions of
				'17B-4-2 be guilty of perjury. During the period of time such affidavit is
				being held by the Commissioner, such person shall not be eligible for an
				operator's or chauffeur's license until he is determined eligible for
				reinstatement.
3.3. Failure To
				Surrender - Pursuant to the provisions of '17B-4-3 which provide that any
				person who drives when his privilege to do so has been suspended or revoked
				shall upon conviction for the first offense, be imprisoned in the county jail
				for forty-eight hours, and fined; the Commissioner shall proceed against any
				person who fails to comply with the terms of the suspension or revocation order
				directed to them.
3.4. Effective
				Date - The effective date of suspension or revocation of driving privileges
				shall be the date as listed in the suspension or revocation order entered. All
				provisions of '17B-3-9 which provides that any person who fails to return any
				suspended or revoked operator's or chauffeur's licenses as ordered by the
				Commissioner, the Commissioner shall notify the Superintendent of the
				Department of Public SafetB to secure possession of such licenses and return
				the same to the Department, shall apply after the effective date of suspension
				or revocation.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-16 - Eligibility For Reinstatement Following Suspension Or Revocation Of Driving Privileges › Section 91-16-4 - Eligibility for Reinstatement

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Period of Suspension or Revocation - All
				time periods provided in the West Virginia Code for eligibility for
				reinstatement of a drivers license shall be calculated from the date of receipt
				by the Commissioner of all operator's and chauffeur's licenses pursuant to the
				suspension or revocation order entered.
4.2. Expired License - Any person whose
				operator's or chauffeur's license expires after his driving privileges have
				been suspended or revoked, and who has failed to comply with the provisions of
				the order of suspension or revocation by surrendering such license to the
				Commissioner, shall have his eligibility for reinstatement calculated from the
				date of the expiration of the license.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-16 - Eligibility For Reinstatement Following Suspension Or Revocation Of Driving Privileges › Section 91-16-5 - Cross Reference

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				These legislative rules relate to matters contained in Chapter 17A-2, Series V,
				Section 5 of the Department of Motor Vehicle legislative rules.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-17 - Dealer And Financial Institution Applicant Or Licensee Administrative hearings › Section 91-17-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - These
				procedural rules relate to dealer and financial institution applicant or
				licensee contested case administrative hearings as required by Chapter 29A,
				Article 6, Section 1 et seq, of the West Virginia Code of 1931, as
				amended.
1.2. Authority.-W.Va. Code
				§
									17A-2-9
				and §29A-5- 1(a)
1.3. Filing
				Date. --June 8,1984
1.4. Effective
				Date. -- July.9,1984
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-17 - Dealer And Financial Institution Applicant Or Licensee Administrative hearings › Section 91-17-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Application. -These rules relate to
				contested case hearings, required by Chapter 29A, Article 5,Section 1 et seq.
				of the West Virginia Code of 1931, as amended, upon orders entered by the
				Commissioner of the Department of Motor Vehicles pursuant to
				§17A-6-letseq.
2.2.
				Enforcement. --Enforcement of these proce-dural rules is vested with the
				Commissioner of Motor Vehicles or lawful designee.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-17 - Dealer And Financial Institution Applicant Or Licensee Administrative hearings › Section 91-17-3 - Pre-hearing Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Request for hearing. --Any applicant or licen-see, as the case may be,
				adversely affected by an or dermade and entered by the Commissioner in
				accordance with the provisions of §17A-6-l et seq., may request a hearing
				by filing a notice with the Commissioner in person, or by certified mail,
				return receipt requested, within thirty (30) days after the date upon which a
				copy of said order is received,
3.2. Contents of notice. -- The notice
				requesting a hearing shall contain the following information:
(a) A description of the order upon which a
				hear-ing is requested; and
(b) The
				grounds upon which it is asserted that said order should be vacated or
				modified.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-17 - Dealer And Financial Institution Applicant Or Licensee Administrative hearings › Section 91-17-4 - Hearing Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Representation. -The party who has requested a hearing may represent himself or
				be represented by an attorney duly qualified to practice in the Stateof
				West.Virginia. The Department of Motor Vehicles shall be represented by the
				Office of the Attorney General.
4.2. Rules of evidence,
(a) The rules of evidence as applied in civil
				cases in the circuit courts of this State shall be followed.
(b) When necessary to ascertain facts not
				real Department's presentation, the party requesting the hearing shall have an
				opportunity to present evidence. All parties shall have the right to
				crossexamine witnesses.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-17 - Dealer And Financial Institution Applicant Or Licensee Administrative hearings › Section 91-17-5 - Transcriptions of Reported Testimony and Evidence

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. What reported. - All testimony,
				evidence, arguments, and rulings on the admissibility of testimony and evidence
				shall be reported by stenographic notes and characters or by mechanical
				means.
5.2. Transcription of
				reported evidence. - Upon the request to the Department of Motor Vehicles by
				any party to the hearing, all reported materials shall be transcribed and a
				copy furnished to such party a this expense. The Commissioner shall collect a
				fee of one dollar and fifty cents ($1.50) for each page
5.3. Responsibility for transcript. -- The
				Department of Motor Vehicles shall have the responsibility for making
				arrangements for the transcripttran-scribed.ion of the reported testimony and
				evidence. In the event transcription is required pursuant to Section 5.2, it
				shall be accomplished with all dispatch.
5.4. Correction of error in transcript. -
				Upon the motion of the Department of Motor Vehicles or any party assigning
				error or omission in any part of any transcript, the Department of Motor
				Vehicles, through the Commissioner or his duly appointed hearing examiner,
				shall settle all differences a rising as to whether such transcript truly
				disclosed what occurred at the hearing and shall direct that the transcript be
				corrected and revised in the respect designated so as to make it conform to the
				whole truth.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-17 - Dealer And Financial Institution Applicant Or Licensee Administrative hearings › Section 91-17-6 - Final Order

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Content. -
				Every final order entered by the Commissioner, following a hearing conducted
				pursuant to these rules, shall be made pursuant to the pro-visions of §
				29A-5-3.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-19 - Approval Of Motor Vehicle Accident Prevention Courses › Section 91-19-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. " These
				interpretive rules relate to the standards for approval of motor vehicle
				accident prevention courses.
1.2.
				Authority. - W. Va. Code §
									17A-2-9
				and § 33-20-18(a)
1.3. Filing
				Date. -April 13, 2011
1.4.
				Effective Date. - April 13,2011
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-19 - Approval Of Motor Vehicle Accident Prevention Courses › Section 91-19-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Application - These interpretive rules
				apply to any person or organization offering or proposing to offer a motor
				vehicle accident prevention course for the purposes of motor vehicle liability
				insurance personal injury protection and collision coverage premium reduction
				in accordance with the provisions of § 33-20-18.
2.2. Enforcement - Enforcement of these
				interpretive rules is vested with the Commissioner or lawful
				designee.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-19 - Approval Of Motor Vehicle Accident Prevention Courses › Section 91-19-3 - Application for Course Approval

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Application - An application for course
				approval shall include the following:
(1)
				Name and address of person or organization offering the course,
(2) Name and address of course
				administrator,
(3) Outline of
				course curriculum,
(4) Sample
				certificate of completion,
(5)
				Outline of instructor training curriculum,
(6) Level of compensation for course
				instructors and,
(7) Amount of fees
				to be charged to participant.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-19 - Approval Of Motor Vehicle Accident Prevention Courses › Section 91-19-4 - Criteria For Course Approval

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Course Length - A course shall have a minimum of seven (7) hours of classroom
				instruction. No more than four (4) hours of instruction may be given in any one
				day.
4.2. Course Curriculum - The
				curriculum of a course shall include, but not be limited to the :
4.2.1. Concept of ollowing subjects of
				accident preventability, proper following techniques and handling unexpected
				driving emergencies, driving behavior, emotions, frustrations, attitudes,
				temporary disabilities, vision, hearing, chronic illness, drugs and
				alcohol,
4.2.3. Driving strategies,
				including factors affecting perception, identification and prediction of
				traffic situations, evaluation of traffic hazards, decision making, and
				defensive driving, and
4.2.4. West
				Virginia traffic laws, vehicle dynamic capabilities, limitations and highway
				environmental factors.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-19 - Approval Of Motor Vehicle Accident Prevention Courses › Section 91-19-5 - Course Administration

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Approved Curriculum - The course shall be conducted in accordance with the
				curriculum approved by the Commissioner.
5.2. Changes - Any substantive additions to,
				deletions from or changes in an approved course curriculum shall be submitted
				to the Commissioner for approval prior to implementing any such proposed
				change.
5.3. Training - The person
				or organization sponsoring the course shall be responsible for maintainingin
				structor training standards established at the time of course
				approval.
5.4. Schedules - The
				person or organization sponsoring the course or course administrator shall
				provide the Commissioner with tentative proposed class dates, times and
				locations on a monthly basis at least ten (10) days prior to the start of the
				month. The Commissioner shall be notified of any changes to the proposed class
				schedule as soon as possible.
5.5.
				Statement - The person or organization sponsoring the course shall provide each
				participant at the time of enrollment in the course with a printed statement
				which indicates that completion of the course does not in any way imply that
				the Division of Motor Vehicles certifies that the participant is a safe or
				competent driver.
5.6. Certificate
				of Course Completion - The course sponsor shall issue a certificate of
				completion to each participant successfully completing a course. This
				certificate shall be sent to the insurance company by the participant for the
				purposes of qualifying for premium reduction. The course sponsor shall indicate
				on the certificate of completion if the participant completed the eight hour or
				the repeat participant four hour course.
5.7. Record Keeping - The course sponsor
				shall maintain records for a period of three years, which indicate the name,
				address and driver's license number of course participants as well as the date,
				place and name of instructor for all course sessions held.
5.8. Access - The course sponsor shall allow
				the Commissioner access to all records relating to the operation of the course,
				and shall allow the Commissioner to monitor and evaluate any and all elements
				or components of the course at any time.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-19 - Approval Of Motor Vehicle Accident Prevention Courses › Section 91-19-6 - Course Approval Withdrawal

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The Commissioner may, in accordance with
				Section 4.3, withdraw or refuse to renew course approval for, but not limited
				to, any of the following reasons:
6.1.1.
				Material changes to the course which have not been specifically approved by the
				Commissioner,
6.1.2. A
				determination that the course is being administered in an unsatisfactory
				manner,
6.1.3. After a review of
				comprehensive and qualified statistical data, the course is determined to bein
				effective,
6.1.4. The course
				sponsor fails to comply with any of the provisions these rules, or
6.1.5. Fraud, misrepresentation, or other
				illegal conduct in the administration of the course.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-19 - Approval Of Motor Vehicle Accident Prevention Courses › Section 91-19-7 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. In the event
				any portion of these interpretive rules shall be held to be invalid or
				unconstitutional, such invalidity or unconstitutionality shall not affect the
				validity or constitutionality of the remaining portions of these
				rules.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-20 - Seizure Of Driver's License, Issuance Of The Temporary Driver's License › Section 91-20-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These legislative rules establish the procedures for seizure of a person's
				driver's license and issuance of a temporary driver's license in accordance
				with the provisions of Chapter 17C, Article 5A of the West Virginia
				Code.
1.2. Authority. -- W. Va.
				Code '17A-2-9
				related to W. Va. Code '17C-5A-1
				and '17C-5A-2.
1.3. Filing Date. --
				June 12, 1987.
1.4. Effective Date.
				-- June 12, 1987.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-20 - Seizure Of Driver's License, Issuance Of The Temporary Driver's License › Section 91-20-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application -- These legislative rules apply to any law enforcement officer
				arresting a person for an offense described in West Virginia Code '17C-5-2 or
				for an offense described in a municipal ordinance which has the same elements
				as an offense described in West Virginia Code '17C-5-2. These rules also apply
				to any person issued a temporary driver's license in accordance with the
				provisions of West Virginia Code '17C-5A-1 or West Virginia Code
				'17C-5A-2.
2.2. Enforcement --
				Enforcement of these legislative rules is vested with the Commissioner or
				lawful designee.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-20 - Seizure Of Driver's License, Issuance Of The Temporary Driver's License › Section 91-20-3 - Seizure and Disposition of Driver's License

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Seizure of license -- In accordance with
				West Virginia Code '17C-5A-1(b), any law enforcement officer arresting a person
				for an offense described in West Virginia Code '17C-5-2 or similar municipal
				ordinance shall take the driver's license at the time of arrest.
3.2. Disposition of License -- Any driver's
				license secured in accordance with West Virginia Code '17C-5A-1(b) shall be
				taped to the written statement known as the "Statement of Arresting Officer"
				and, in accordance with West Virginia Code '17C-5A-1(b), both documents shall
				be submitted to the Commissioner within forty-eight (48) hours.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-20 - Seizure Of Driver's License, Issuance Of The Temporary Driver's License › Section 91-20-4 - Issuance of Temporary Driver's License

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Prescribed Form -- The form contained on
				the lower portion of the "Statement of Arresting Officer" supplied to law
				enforcement agencies by the Department shall constitute the temporary driver's
				license form prescribed by West Virginia Code '17C-5A-1.
4.2. Completion of License -- The temporary
				driver's license form shall be completed in full by the arresting officer at
				the time of the arrest, and upon completion, shall be given to the arrested
				person. The temporary driver's license shall not be valid unless signed by the
				licensee.
4.3. Issuance -- A
				temporary driver's license shall only be issued when the arresting officer
				secures a valid West Virginia driver's license. The temporary driver's license
				provisions of West Virginia Code '17C-5A-1(b) do not apply to a person with an
				out-of-state driver's license or to a person who fails to surrender a valid
				West Virginia driver's license at the time of arrest. The temporary driver's
				license form shall not be detached from the "Statement of Arresting Officer"
				form and shall be marked "void" when a temporary driver's license is not
				issued.
4.4. Revoked or Suspended
				License -- A temporary driver's license shall not be issued to a person whose
				driving privilege has been suspended or revoked. Any West Virginia driver's
				license taken from such person in accordance with Section 3.1 of these rules
				shall be taped to the "Statement of Arresting Officer" and the temporary
				driver's license form shall not be detached from the "Statement of Arresting
				Officer Form" and shall be marked void.
4.5. Term of License -- Any temporary
				driver's license issued by an arresting officer shall be valid for a period of
				thirty (30) days from the date of arrest.
4.6. Failure to Surrender License -- A person
				who fails to surrender a valid West Virginia driver's license at the time of
				arrest shall be ordered to surrender such driver's license through the order of
				revocation directed to such person in accordance with the provisions of West
				Virginia Code '17C-5A-1(c). Failure to surrender the driver's license as
				directed by the order of revocation shall result in an order being directed to
				the Department of Public Safety, local law enforcement agency or other lawful
				means to secure such driver's license in accordance with West Virginia Code
				'17B-3-8.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-20 - Seizure Of Driver's License, Issuance Of The Temporary Driver's License › Section 91-20-5 - Extension of Temporary Driver's License

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Perfection of Hearing Request -- Upon a
				timely request for a hearing in accordance with West Virginia Code
				'17C-5A-2(a), a temporary driver's license, if issued, shall be extended by the
				Commissioner.
5.2. Term of License
				Extension -- An extension of a temporary driver's license shall be for a fixed
				period of time to be determined by the Commissioner to extend the temporary
				driver's license until the final order is made and entered either affirming or
				reversing the original order of revocation. It shall be the responsibility of
				the holder of a temporary driver's license to apply for a further extension of
				the temporary license should a final order not be made and entered prior to the
				expiration of the extension granted pursuant to these rules. Such further
				extension shall be for a period of time to be determined by the Commissioner to
				extend the temporary driver's license until a final order is made and entered
				either affirming or reversing the original order of revocation.
5.3. License Status -- Upon the granting of a
				request for hearing in accordance with West Virginia Code '17C-5A-2(a),
				revocation of the licensees' privilege to operate a motor vehicle is stayed
				pending the making and entering of the final order of the Commissioner.
				However, such licensee who has been issued a temporary license, shall not be
				issued a duplicate operator or chauffeurs license during the pendency of any
				such proceedings.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-20 - Seizure Of Driver's License, Issuance Of The Temporary Driver's License › Section 91-20-6 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. In the event
				any portion of these rules shall be held to be invalid or unconstitutional,
				such invalidity or unconstitutionality shall not affect the validity or
				constitutionality of the remaining portions of these rules.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-21 - Federal Safety Standards Inspection Program › Section 91-21-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These legislative rules set forth the procedures for the inspection and
				issuance of a certificate of inspection and approval prior to the initial
				application for the titling and registration of a motor vehicle not
				manufactured in accordance with the United States Motor Vehicle Safety
				Standards.
1.2. Authority. -- W.
				Va. Code ''17A-2-9 related to 17A-3A-1 et. seq.
1.3. Filing Date. -- June 12, 1987.
1.4. Effective Date. -- June 12,
				1987.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-21 - Federal Safety Standards Inspection Program › Section 91-21-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application -- These rules apply to applicants for approval as an inspection
				station for compliance with federal safety standards and applicants for title
				and registration of motor vehicles not manufactured in accordance with United
				States Motor Vehicle Safety Standards.
2.2. Enforcement -- Enforcement of these
				rules is vested with the Commissioner of Motor Vehicles or lawful
				designee.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-21 - Federal Safety Standards Inspection Program › Section 91-21-3 - Inspection Station Appointment

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Commissioner's Inspection -- The
				Commissioner shall select and designate inspection stations to conduct, prior
				to issuance of title and registration, inspections of motor vehicles not
				manufactured in accordance with federal safety standards.
3.2. Criteria for Appointment -- To be
				considered for appointment as a Federal Safety Standards Inspection Station an
				inspection station shall submit the following:
3.2.1. A copy of the applicant's valid
				certificate of appointment as an Official Inspection Station issued by the
				Superintendent of Public Safety, and
3.2.2. A notarized affidavit of the owner of
				the inspection station that the station has the personnel necessary to
				ascertain compliance with Federal Safety Standards.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-21 - Federal Safety Standards Inspection Program › Section 91-21-4 - Vehicle Compliance Inspection

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Inspection Fee -- The fee for inspecting
				a vehicle for compliance with Federal Safety Standards shall be fifteen dollars
				($15.00) in accordance with West Virginia Code '17A-3A-1(b).
4.2. Inspection Standards -- Each vehicle
				shall be inspected for compliance with Federal Motor Vehicle Safety Standards
				as fully set forth in Title 49, Code of Federal Regulations Part 571.
4.3. Inspection Checklist -- Compliance with
				each Federal Motor Vehicle Safety Standard shall be noted on the form
				prescribed by the Commissioner.
4.4. Issuance of Certificate of Inspection
				and Approval -- Upon completion of the inspection and a finding that the
				vehicle appears to comply with all Federal Safety Standards noted on the
				inspection checklist, the inspection station inspector shall complete the
				certificate of inspection and approval by signing the certificate, and
				indicating the date and inspection station location.
4.5. Completed Certificate -- The completed
				checklist and attached certificate of inspection and approval shall be given to
				the vehicle owner. The inspection station shall retain one (1) copy for its
				records.
4.6. Disclaimer --
				Pursuant to the provisions of West Virginia Code '17A-3A-1(b)(1), the
				inspection and certification performed in accordance with these rules may not
				be construed as state approval of the modifications performed to bring the
				vehicle into compliance with Federal Standards, or as a state certification
				that the vehicle is free of hazardous conditions.
4.7. Approval Not Granted -- In accordance
				with the provisions of West Virginia Code '17A-3A-1(b)(2), the inspection fee
				prescribed by Section 4.1 of these rules shall be submitted to the inspection
				station prior to each inspection.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-21 - Federal Safety Standards Inspection Program › Section 91-21-5 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. In the event
				any portion of these rules shall be held to be invalid or unconstitutional,
				such invalidity or unconstitutionality shall not affect the validity or
				constitutionality of the remaining portions of these rules.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-23 - Regulations Governing Vessel Numbers › Section 91-23-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and
				Purpose. -- These rules prescribe procedures to govern the application for and
				issuance of certificates of number for motorboats and the placement of vessel
				numbers on such motorboats.
1.2.
				Authority. -- W. Va. Code ''17A-2-9and 20-7-12.
1.3. Filing Date. -- January 11,
				1988.
1.4. Effective Date. --
				February 11, 1988.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-23 - Regulations Governing Vessel Numbers › Section 91-23-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Commissioner"
				means the Commissioner of the West Virginia Department of Motor
				Vehicles.
2.2. "Motorboat" means
				any vessel propelled by an electrical, steam, gas, diesel, or other
				fuel-propelled or drive motor, whether or not such motor is the principal
				source of propulsion, but shall not include a vessel which has a valid marine
				document issued by the Bureau of Customs of the United States government or any
				federal agency successor thereto.
2.3. "Owner" means a person, other than a
				lien holder, having the property in or title to a motorboat. The term includes
				a person entitled to the use or possession of a motorboat subject to an
				interest in another person, reserved or created by agreement and securing
				payment or performance of an obligation, but the term excludes a lessee under a
				lease not intended as security.
2.4. "Person" means an individual,
				partnership, firm, corporation, association, or other entity.
2.5. "Vessel" means every description of
				watercraft, other than a seaplane on the water, used or capable of being used
				as a means of transportation on water.
2.6. "Waters of this State" means any public
				waters within the territorial limits of this State to include that portion of
				the Ohio River which flows along the boundary of this State.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-23 - Regulations Governing Vessel Numbers › Section 91-23-3 - Persons Subject To These Regulations

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. All persons operating a vessel on the
				waters of this State and all persons classified as owners within the meaning of
				Section 2.3. of these regulations are subject to the provisions of these
				regulations.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-23 - Regulations Governing Vessel Numbers › Section 91-23-4 - Motorboats Requiring Numbering By The State Of West Virginia

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. All motorboats
				operating on the waters of this State must be numbered in accordance with the
				provisions of Chapter 20 of the Code of West Virginia, as amended, and these
				regulations.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-23 - Regulations Governing Vessel Numbers › Section 91-23-5 - Exceptions From Numbering Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Public vessels of the United States,
				State or municipal vessels, and ships' lifeboats shall be exempt from the
				numbering provision of these regulations.
5.2. Motorboats covered by a number in full
				force and effect awarded pursuant to a federally-approved numbering system of
				another State:
Provided,
That such motorboats shall not have been
				within this State for a period in excess of sixty (60) consecutive days, shall
				be exempt from the numbering provisions of these regulations.
5.3. A motorboat from a country other than
				the United States, temporarily using the waters of this State, shall be exempt
				from the numbering provisions of these regulations.
5.4. Motorboats used exclusively for racing
				while participating in races, and the preparation therefore, which have been
				authorized pursuant to the provisions of Chapter 20 of the Code of West
				Virginia, as amended, shall be exempt from the numbering provisions of these
				regulations.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-23 - Regulations Governing Vessel Numbers › Section 91-23-6 - Application For Number

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				owner of each motorboat requiring numbering by this State shall file an
				application for a number with the Commissioner. Applications may be secured
				from the various county clerks, designated hunting and fishing license agents,
				and designated marine supply stores, or by writing to the Department of Motor
				Vehicles, 1800 Washington Street, East, Charleston, West Virginia 25317,
				Attention: Motorboat License Section. The application shall be signed by the
				owner of the motorboat and shall be accompanied by the fee as prescribed by
				West Virginia Code '20-7-12. There shall be no fee for motorboats propelled by
				motors of less than three (3) horsepower. Upon receipt of the application in
				approved form, the applicant shall be issued a West Virginia certificate of
				number stating the number awarded to the motorboat.
6.2. Should the ownership of a motorboat
				change, a new application form with fee shall be filed with the Commissioner,
				and a new certificate of number shall be awarded in the same manner as provided
				for in an original award of number. The application for number by a new owner
				of a vessel shall, for purposes of fee, be regarded as an original application
				for number. The new number shall be identical with the previous one, except
				where a lienholder acquires title and lawful possession by virtue of his lien,
				in which case a new number shall be issued.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-23 - Regulations Governing Vessel Numbers › Section 91-23-7 - Certificate Of Number

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The
				certificates of number shall be pocket-size and shall be available at all times
				for inspection on the motorboat for which issued, whenever such motorboat is in
				operation.
7.2. Such certificate of
				number shall be valid only until the last day of June of each year. If at the
				end of such year, ownership has remained unchanged, such owner shall, upon
				application and payment of the fee as prescribed by West Virginia Code
				'20-7-12, be granted a renewal of such certificate of number for an additional
				one (1) year period.
7.3. The owner
				shall furnish the Commissioner with notice of the transfer of all or any part
				of his interest, other than the creation of a security interest, in a motorboat
				numbered in this State, or of the destruction or abandonment of such motorboat,
				within fifteen (15) days thereof.
7.4. Any holder of a certificate of number
				shall notify the Commissioner within fifteen (15) days, if his address no
				longer conforms to the address appearing on the certificate and shall, as a
				part of such notification, furnish the Commissioner with his new
				address.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-23 - Regulations Governing Vessel Numbers › Section 91-23-8 - Vessel Identification

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				Vessel numbers.
8.1.1. The number shall be
				divided into three parts. The first part shall consist of the symbols WV,
				identifying the State of West Virginia, followed by a combination of numerals
				which furnish individual vessel identification. The group of digits appearing
				after the letters WV shall be separated by an equivalent space (e.g., WV 100
				AA).
8.1.2. The remainder of the
				boat number shall consist of not more than four (4) arabic numerals and two (2)
				capital letters, in sequence, separated by an equivalent space, in accordance
				with the serials numerically and alphabetically.
8.1.3. Since the letters "I", "O", and "Q"
				may be mistaken for arabic numerals, all letter sequences using "I", "O", and
				"Q" shall be omitted. Objectionable words formed by the use of letters will not
				be used.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-23 - Regulations Governing Vessel Numbers › Section 91-23-9 - Numbering Livery Boats

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
				The numbering requirements of these regulations shall apply to livery boats
				except:
9.1.1. The certificate of number of a
				livery boat shall be plainly marked "livery boat."
9.1.2. The description of the motor and type
				of fuel will be omitted from the certificate of number in any case where the
				motor is not rented with the boat.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-24 - State Vehicle Title, Registration and Relicensing Project of 2018 › Section 91-24-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes a standardized naming convention for state owned
				or leased motor vehicles required to be titled and registered by the Division
				of Motor Vehicles pursuant to the requirements of §
									17A-3-25
				known as the "State Vehicle Title, Registration, and Relicensing Project of
				2018."
1.2. Authority. - W. Va.
				Code §
									§
									17A-3-25
				and
				29A-3-1
				et seq.
1.3. Filing Date. March 18,
				2020.
1.4. Effective Date. March
				18, 2020.
1.5. Sunset Provision. -
				This rule shall terminate and have no further force or effect March 18, 2025.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-24 - State Vehicle Title, Registration and Relicensing Project of 2018 › Section 91-24-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. This legislative rule applies to state vehicle for each agency,
				office or spending unit for the purpose of issuing new title, registration, and
				license plates.
2.2. Enforcement. -
				Enforcement of this legislative rule is vested with the Commissioner of Motor
				Vehicles.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-24 - State Vehicle Title, Registration and Relicensing Project of 2018 › Section 91-24-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The following definitions apply in the interpretation and
				  enforcement of this legislative rule
3.1. Commissioner. - The executive officer of the Division of
				Motor Vehicles as appointed by the Governor.
3.2. Division. - The Division of Motor
				Vehicles.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-24 - State Vehicle Title, Registration and Relicensing Project of 2018 › Section 91-24-4 - Standardized Naming Convention

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1 All vehicles owned by the state shall be
				titled and registered under a standard naming convention consisting of a
				numeric code and the name of the state agency, office or spending unit as it
				appears in the central accounting system.
4.2. Appendix A to this rule is the assigned
				naming convention for each agency, office or spending unit.
4.3. Any agency, office or spending unit
				created after this rule, shall be assigned a naming convention in accordance
				with this rule.
4.4. The Division
				may not be compelled to issue replacement titles or registrations for any
				agency, office or spending unit that undergoes a name change.
4.5. Any vehicle leased by the state shall be
				titled and registered in the name of the owner in the care of the name of the
				state agency, office or spending unit in accordance with the naming convention
				assigned herein.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-25 - Special Purpose Vehicles › Section 91-25-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - This
				legislative rule establishes the procedural rules relating to the registration
				and operation of special purpose vehicles on highways to be titled and
				registered with the Division of Motor Vehicles pursuant to the requirements of
				the Code of West Virginia 1931, pursuant to § 17A-13-1, known as Senate
				Bill 690.
1.2. Authority. - W. Va.
				Code § 17A-13-1, W. Va. Code §
									17A-2-9, W. Va. Code §
									17D-2-1 and W. Va. Code §
									11-15-3c.
1.3. Filing Date. - May 7, 2021.
1.4. Effective Date. - June 14,
				2021.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect August 1,
				2026.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-25 - Special Purpose Vehicles › Section 91-25-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. This legislative rule applies to the operation of special purpose
				vehicles; permitting the operation of street-legal special purpose vehicles on
				highways; providing for registration of street-legal special purpose vehicles;
				establishing licensing and equipment requirements for street-legal special
				purpose vehicles; defining terms; establishing a process for out of state
				permitting for street-legal special purpose vehicles; providing reciprocity for
				out of state street-legal special purpose vehicles and clarifying insurance
				requirements for road use of special purpose vehicles.
2.2 Enforcement. - Enforcement of this
				legislative rule is vested with the Commissioner of Motor
				Vehicles.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-25 - Special Purpose Vehicles › Section 91-25-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The following definitions apply in the interpretation and
				  enforcement of this legislative rule
3.1. "Commissioner" - means the executive
				officer of the Division of Motor Vehicles as appointed by the
				Governor.
3.2. "Division"- means
				the Division of Motor Vehicles.
3.3. "Special purpose vehicle" - means
				all-terrain vehicles, utility terrain vehicles, mini-trucks, pneumatic-tired
				vehicles, and full-size special purpose built vehicles, including those
				self-constructed or built by the original equipment manufacturer and those that
				have been modified.
3.4.
				"Street-legal special purpose vehicle" - means a special purpose vehicle that
				is registered, titled, and equipped as specified in W. Va. Code § 17A-13-1
				et seq.
3.5. "Motorcycle trailer
				sticker" - means an inspection sticker as defined by W. Va. Code §
									17C-16-1 et seq.
3.6. "Title label" - means evidence of title
				in a manner prescribed by the Commissioner that can be displayed on a special
				purpose vehicle.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-25 - Special Purpose Vehicles › Section 91-25-5 - Insurance

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. All
				street-legal special purpose vehicles must be insured when operated upon the
				roads regardless of whether the operation is in accordance with W. Va. Code
				§ 17A-13-1 or W. Va. Code §
									17F-1-1 et seq. The security must
				be in an amount and manner provided by Chapter 17D of the West Virginia
				Code.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-25 - Special Purpose Vehicles › Section 91-25-6 - Out of State Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. An
				out of state resident who owns a vehicle that qualifies as a street-legal
				special purpose vehicle and wishes to operate it in West Virginia may submit an
				application for a temporary special permit from the Division accompanied by a
				fee of $50 to be deposited in the Motor Vehicle Fees Fund pursuant to W. Va.
				Code §
									17A-2-21.
6.2. The permit must be displayed in the same
				manner as a registration plate issued under W. Va. Code § 17A-13-1 and is
				valid for a period of two weeks.
6.3. Any out of state resident from a state
				that issues a registration plate for street-legal special purpose vehicles in a
				manner similar to West Virginia may operate the out of state street-legal
				special purpose vehicle in West Virginia in accordance with W. Va. Code §
				17A-13-1 without obtaining a temporary special permit provided that the state
				of residence of the out of state resident provides reciprocal privileges to
				West Virginia residents.