West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-05 - Denial, Suspension, Revocation, Disqualification, Restriction, Nonrenewal, Cancellation, Administrative appeals and Reinstatement of Motor Vehicle Operating Privileges › Section 91-5-9 - Procedures for Medical Review and Driving Re-Examination of Licensed Drivers

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Statutory
				Provisions. -- In accordance with W. Va. Code §
									17B-3-7, the Division of Motor
				Vehicles may require a re-examination of a licensed driver. The Division,
				having good cause to believe that a licensed driver is inimical to public
				safety or welfare or otherwise not qualified to be licensed, may upon written
				notice of at least five days require the licensee to submit to a medical
				review, vision, written and driving examination, and may immediately suspend or
				cancel the licensee's driving privilege upon receipt of a written notice
				pursuant to subdivision 9.2.b or d of this rule. Upon the conclusion of the
				examination, the Division shall take action as may be appropriate and may
				cancel, suspend or revoke the license of that person or may issue a license
				subject to restrictions as provided under W. Va. Code §
									17B-2-10. The Division may
				cancel, suspend or revoke the license of the licensee if he or she refuses or
				neglects to submit to the examination.
9.2. Good Cause. -- For the purposes of this
				rule, good cause means:
9.2.a. A written,
				professional opinion from a licensed medical practitioner that the licensee has
				a physical, medical or emotional condition which jeopardizes the licensee's
				ability to operate a motor vehicle;
9.2.b. A written, reasoned opinion from an
				adult relative or caregiver with an immediate knowledge of the licensee's
				driving ability or medical condition that impairs the licensee's ability to
				operate a motor vehicle. However, the Division shall not enter an immediate
				suspension or revocation of the licensee's driving privilege based solely on
				notice from an adult relative or care giver until a medical review under
				subdivision 3.2 of this rule or driving reexamination has been
				completed;
9.2.c. A written notice
				from an employee of a rehabilitation facility's driver education, driver
				training or other similar program, that in his or her judgement, the licensee
				presents a danger to public safety or welfare, or;
9.2.d. A written notice from a law
				enforcement officer, an officer of the court, or a designated employee of the
				Division that in his or her judgment there is reason to believe that the
				licensee is incompetent or unable to safely drive a motor vehicle. This
				judgment may be based upon personal observation and/or a review of Division
				records or any form of the licensee's accident history. However, the Division
				shall not enter an immediate suspension or revocation of the licensee's driving
				privilege based solely on notice from an officer of the court or an employee of
				the Division until a medical review under subsection 3.2 of this rule or
				driving reexamination has been completed.