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 91-5-3 - Denial, Cancellation or Suspension of Driving Privileges for Medical Reasons

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Statutory
				Provisions. -- W. Va. Code §
									17B-2-3 provides that the
				Division of Motor Vehicles shall not issue or renew a driver's license to any
				applicant or may cancel the driver's license of any licensee when the
				Commissioner of Motor Vehicles has good cause to believe that the operation of
				a motor vehicle on the highways of this State by the applicant or licensee
				would be inimical to public safety or welfare. Good cause includes, but is not
				limited to, receipt of an application for license or a written notice submitted
				pursuant to subsection 9.2. of this rule that indicates the applicant has a
				medical condition that may affect his or her ability to drive.
3.2. Procedures for Original, Renewal, or
				Duplicate Applications for License. -- Any application for a license which
				indicates that the applicant has a medical condition that may affect his or her
				ability to safely operate a motor vehicle must be accompanied by a letter of
				explanation in as much detail as the Commissioner requires concerning the
				mental or physical condition of the applicant at the time of application. If a
				Medical Report Form is required under this section, it must be completed by a
				Licensed Medical Practitioner. A Licensed Medical Practitioner includes, but is
				not limited to doctors of medicine, (MD), doctors of osteopathy (DO), physician
				assistants (PA), advanced practice nurses (APN), and doctors of chiropractics
				(DC).
The Commissioner, after reviewing the letter of explanation,
				  may:
3.2.a. Approve the application
				for license;
3.2.b. Approve the
				application for license, and impose appropriate restrictions as the applicant's
				physical or mental condition may require; or
3.2.c. Delay the application decision and
				require the applicant to submit the following:
3.2.c.1. A Medical Report Form completed by a
				licensed medical practitioner of the applicant's choice who is licensed in the
				United States who practices in the specialty field of the medical condition
				under consideration or;
3.2.c.2. A
				Vision Examination Report Form completed by an optometrist or ophthalmologist
				of the applicant's choice who is licensed in the United States and who
				practices in the specialty field of the vision condition under consideration;
				and
3.2.c.3. Any other record or
				other information concerning the applicant or licensee's medical condition or
				competency to operate a motor vehicle for the Commissioner to
				consider.
3.2.d. After
				review of the records submitted under subdivision 3.2.c of this rule, the
				Commissioner may approve the application, approve the application with
				restrictions, deny the application, order the suspension of the license, order
				the cancellation of the license or submit the records to the Driver License
				Advisory Board for further review.
3.2.e. The Commissioner, based on standards
				recommended by the Driver's License Advisory Board, or upon individual review
				in instances where no standard applies, may take the action indicated in
				subsection 3.2 of this rule, refuse the application, or order the suspension or
				cancellation of the license.
3.2.f.
				If an application for driver's license, or application for renewal of driver's
				license is refused by the Commissioner because of a physical or mental
				condition, the Commissioner shall notify the applicant within seventy (70)
				calendar days from the date of application or renewal by certified or
				registered mail, return receipt requested. The applicant is entitled to a
				hearing in accordance with subsection 3.6 of this rule on the refusal by the
				Commissioner to issue or renew a driver's license after a review and
				recommendation by the Driver's License Advisory Board.