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 91-5-7 - The Point System

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Records.
				-- W. Va. Code §
									17B-2-14 requires that the
				Division keep records in order that an individual record of the licensee
				showing the convictions of such licensee is readily ascertainable and available
				for consideration by the Division upon any application for renewal of license
				"and at other suitable times" consistent with the provisions of W. Va. Code
				§
									17B-3-6(a).
				Accordingly, a recordkeeping system to be known as the Point System and to be
				administered by the Division's Driver Improvement Section is established in
				this section.
7.2. Offenses. --
				Point Total -- When any licensee of the State of West Virginia who has reached
				the age of eighteen years or older or has obtained a level three full license,
				is convicted in the State of West Virginia or, pursuant to the provisions of W.
				Va. Code §
									17B-3-3, in any other
				jurisdiction, of any of the following offenses involving a motor vehicle, which
				conviction has become final, the Division shall enter the offense and the point
				total shown opposite the offense on the licensee's driver record maintained by
				the Division of Motor Vehicles. However, the division shall not record any
				conviction which is received more than one year from the date of conviction
				unless the nature of the offense by statute requires suspension, revocation, or
				disqualification or the offense was committed by a licensee with a Commercial
				Driver's License or committed in a Commercial Vehicle.
Statute Violated
General Description of Offenses
Point Value
§
														17C-5-3,
Reckless Driving
6
§
														17C-18-1
§
														17C-4-2,
Hit and run involving property damage
6
§
														17C-4-3,
§
														17C-4-4,
§
														17C-4-5,
§
														17C-4-6
§
														17C-18-1
§
														17C-6-1
Speeding in school zone
6
§
														61-5-17
Fleeing from an officer in a vehicle
8
§
														17C-3-4,
Failure to obey stop signs and other traffic signs
							 and
3
§
														17C-12-5,
control devices, except failure to obey traffic
							 control signals
§
														17C-18-1
§
														17C-3-5,
Failure to obey traffic control signals or
3
§
														17C-3-7,
traffic light signals
§
														17C-18-1
§
														17C-7-2,
Driving to left side of roadway
3
§
														17C-7-6,
§
														17C-18-1
§
														17C-6-1,
Driving too fast for conditions, failure to
							 keep
3
§
														17C-18-1
vehicle under control or hazardous driving
§
														17C-6-1,
Speeding in violation of specified or
							 established
6
§
														17C-6-4,
limits where the speed was twenty (20) m.p.h.
§
														17C-18-1
or more over the posted speed limit.
Speeding in violation of specified or established
							 limits where the speed was fifteen (15) m.p.h. over the posted speed limit but
							 less than twenty (20) over the posted speed limit.
5
Speeding in violation of specified or established
							 limits where the speed was eleven (11) m.p.h. or more over the posted speed
							 limit but less than fifteen (15) m.p.h. over the posted speed limit.
3
§
														17C-9-1,
Failure of driver to yield right of way
3
§
														17C-9-2,
§
														17C-9-3,
§
														17C-9-4,
§
														17C-10-2,
§
														17C-12-6,
§
														17C-18-1
§
														17C-9-5,
Failure to yield to an Emergency Vehicle
6
§
														17C-18-1
§
														17C-8-2,
Improper right-hand and left-hand turns
2
§
														17C-8-3,
§
														17C-8-4,
§
														17C-18-1
§
														17C-7-3,
Failure of driver of overtaking vehicle to
							 give
3
§
														17C-18-1
audible signal, or failure to pass to the left at a
							 safe distance, or driving to the right before safely clear of the overtaken
							 vehicle, or failure of the driver of overtaken vehicle to give way to the
							 right, or driver of overtaken vehicle increasing speed before being completely
							 passed by the overtaking vehicle
§
														17C-7-5
Passing in face of oncoming traffic
3
§
														17C-18-1
§
														17C-7-7,
Passing in no-passing zone
3
§
														17C-18-1
§
														17C-12-1
Failure to obey signal indicating approaching
							 train
3
§
														17C-15-1,
Operation of vehicle without lighted lamps
2
§
														17C-15-2,
or lights when required to be lighted
§
														17C-18-1
§
														17C-7-10,
Following too closely
2
§
														17C-18-1
§
														17C-14-5,
Operation of a vehicle with more than
2
§
														17C-18-1
three persons in the front seat
§
														17C-14-2,
Improper backing
2
§
														17C-18-1
§
														17C-7-8,
Driving wrong way on one-way street,
3
§
														17C-18-1
highway or roadway
§
														17C-8-6,
Improper turning movements, or improper
2
§
														17C-8-8,
signals, or no signals
§
														17C-8-9,
§
														17C-8-10,
§
														17C-18-1
All other moving violations
2
§
														17C-14-14
Littering
3
§17B
Operating a vehicle without a proper driver's license
							 or Endorsement
2
(The above statutory references are to Chapters, Articles and
				  Sections of the Code of West Virginia, 1931, as amended.)
7.3. Traffic Convictions with No Point Value.
				- The abstracts of traffic convictions outlined in this subsection have no
				point value in the administration of the Driver Improvement Program:
7.3.a. Convictions for operating vehicles on
				the highways of this or any other state with defective or improper
				equipment;
7.3.b. Convictions for
				operating vehicles on the highways of this or any other state in violation of
				the weight, height, length and width provisions of W. Va. Code;
7.3.c. Convictions for operating a vehicle on
				the highways of this or any other state with improper registration;
7.3.d. Convictions for operating a vehicle on
				the highways of this or any other state with an expired vehicle inspection
				decal or certificate; and
7.3.e.
				Convictions for operating a vehicle on a controlled access highway of this or
				any other state at a speed often miles per hour or less above the speed limit
				in accordance with the provisions of W. Va. Code §
										17C-6-1(a), (i) or
				(j);
7.3.f. Convictions for offenses which are
				grounds for a driver's license revocation or suspension.
7.3.g. Convictions for speeding 10 mph or
				less over the posted speed limit except if the driver holds a commercial
				driver's license or was operating a commercial motor vehicle.
7.3.h. Speeding convictions received from
				another jurisdiction without speed detail unless licensee has received a
				conviction while holding a Commercial Driver's license or while operating a
				Commercial Vehicle.