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 91-5-16 - Alcohol and Drug Test and Lock Program

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1.
				Application and Statutory Reference. -- This section applies to persons
				applying for restricted driving privileges when the person's license has been
				revoked for driving under the influence or related offenses under the
				provisions of W. Va. Code §
									17C-5A-3a and to providers and
				manufacturers of alcohol and drug test and lock equipment.
16.2. Definitions.
16.2.a. Applicant -- Means the person
				applying for enrollment in the motor vehicle alcohol and drug test and lock
				program as established in accordance with W. Va. Code §
										17C-5A-3a.
16.2.b. Commissioner -- Means the executive
				officer of the Division of Motor Vehicles appointed by the Governor pursuant to
				W. Va. Code §
										17A-2-2 or his or her lawful
				designee.
16.2.c. Commercial Motor
				Vehicle -- Means any motor vehicle designed or used to transport passengers or
				property as defined in W. Va. Code §
										17E-1-3.
16.2.d. Division -- Means the division of
				motor vehicles of this state acting directly or through its duly authorized
				officers and agents.
16.2.e.
				Equipment -- Means a mechanical or computerized system, installed and monitored
				by an approved Service Provider, which prevents the operation of a motor
				vehicle when, through the system's assessment of the blood alcohol content of
				the person operating or attempting to operate the vehicle, that person is
				determined to be under the influence of alcohol.
16.2.f. Final Revocation -- Means a license
				suspension or revocation which has run the full course of administrative and or
				judicial review. In the context of this section, a person may not participate
				in the program if the person has any action pending on the offense either
				criminally or administratively. The revocation must be final.
16.2.g. Law Enforcement Officer -- Means a
				law enforcement officer as defined in W. Va. Code §
										17C-5-4.
16.2.h. License -- Means any permit or
				license issued by this State which authorizes a person to drive a motor
				vehicle, or the privilege to operate a motor vehicle.
16.2.i. Participant -- Means the person
				accepted for enrollment in the motor vehicle test and lock program as
				established in accordance with W. Va. Code §
										17C-5A-3a.
16.2.j. Passenger Vehicle -- Means a Class A
				vehicle weighing 10,000 pounds or less.
16.2.k. Positive Identification Equipment --
				A mechanical or computerized system that positively identifies the user of the
				Ignition Interlock equipment.
16.2.l. Program -- Means the motor vehicle
				alcohol and drug test and lock program as established in accordance with W. Va.
				Code §
										17C-5A-3a.
16.2.m. Revocation Waiver Program - Means a
				procedure that allows an applicant to avoid a revocation by applying for the
				Test and Lock Program prior to the scheduled revocation date in accordance with
				W. Va. Code §
										17C-5A-3a(e).
				This will result in the revocation period being converted to additional
				participation time in the program.
16.2.n. Safety and Treatment Program -- Means
				the Safety and Treatment Program as established in accordance with W. Va. Code
				§
										17C-5A-3.
16.2.o. Service Provider -- Means a vendor
				and its employees authorized by Division of Motor Vehicles to provide services
				related to the program.
16.2.p.
				Service Center -- Means the physical location of a vendor where services
				related to the program are provided.