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West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-08 - Disclosure Of Information from The Files Of The Division Of Motor Vehicles › Section 91-8-7 - Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
All fees listed in this subsection shall accompany requests
				  for information. Fees are nonrefundable even if the requested information is
				  not available from the Division's records. Fees referenced in this rule are
				  established in accordance with W. Va. Code §
									17A-2A-9 or related
				  statute.
7.1. Five Dollars ($5) per
				request for a certified abstract of operating record (5 years). A One Dollar
				($1) additional fee will be charged if the driver's license number is not
				provided by the requestor.
7.2.
				Five Dollars ($5) per request for each certified complete abstract of operating
				record.
7.3. One Dollar ($1) per
				request for vehicle registration information (screen print from computer
				records).
7.4. Five Dollars ($5)
				for a title file which includes any documents submitted at the time the vehicle
				was titled and any documents submitted subsequent to titling.
7.5. Twenty-five Dollars ($25) for a complete
				title history.
7.6. Five Dollars
				($5) per request for proof of fees paid to the Division when vehicle was
				purchased.
7.7. Five Dollars ($5)
				per request for encumbrance information that includes both registration and
				lien information (screen print from computer records).
7.8. Twenty-five Dollars ($25) per copy for
				each administrative hearing cassette tape.
7.9. One Dollar and fifty cents ($1.50) per
				page for each transcribed page from an administrative hearing.
7.10. Twenty-five cents (0.25) per page for
				each copy of a driver license suspension, revocation, or disqualification file.
				This excludes investigation information.
7.11. Five Dollars ($5) nonrefundable fee for
				any message forwarding request.
7.12. Thirty Dollars ($30) for each copy of
				an administrative hearing CD.
7.13.
				Fifteen Dollars ($15) per copy of a video tape in the administrative hearing
				file.
7.14. The cost of each bulk
				information request fee may vary and will be determined by the cost of
				producing the information.
7.15.
				Ten Dollars ($10) for each certified record of a vehicle title.
7.16. Twenty Dollars ($20) per copy of lien
				perfection information.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-09 - Collection of Tax on the Sale of a Vehicle › Section 91-9-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes the criteria for the collection and determination
				of the sales tax required to be collected prior to the issuance of a
				certificate of title to a vehicle, and provisions implementing the requirements
				of House Bill 2775 (2007 Regular Session).
1.2. Authority. -- W. Va. Code
				§§17A-2-9, 17A-3-4 and 11-15-3c.
1.3. Filing Date. -- March 29,
				2022.
1.4. Effective Date. -- March
				29, 2022.
1.5 Sunset Provision. --
				This rule shall terminate and have no further force or effect August 1,
				2027.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-09 - Collection of Tax on the Sale of a Vehicle › Section 91-9-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. -- This rule applies to the calculation of tax for the titling of
				vehicles defined in W. Va. Code §17A et seq.
2.2. Enforcement. -- Enforcement of this rule
				is vested with the Commissioner of Motor Vehicles or his or her lawful
				designees, and where applicable the Tax Commissioner or his or her lawful
				designees.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-09 - Collection of Tax on the Sale of a Vehicle › Section 91-9-3 - Determination of Tax Due Prior to Issuance of Title to a Vehicle

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. An application
				for a certificate of title for a vehicle shall be accompanied by the amount of
				tax determined by the Division in accordance with the provisions of W. Va. Code
				§§11-15-3c, 17A-3-4 and this rule unless otherwise exempt by the
				provisions of W. Va. Code §§11-15-3c, 17A-3-4 or this rule.
3.2. The Division shall collect the sales tax
				prior to issuing a title irrespective of whether the applicant has paid a
				similar sales or privilege tax on the motor vehicle in any other jurisdiction
				except as follows:
3.2.a. A new resident
				establishing domicile in West Virginia is exempt from paying the tax on
				vehicles titled previously in the former state in his or her name in accordance
				with W. Va. Code §§17A-3-4(b)(14) and 11-15-3c(f)(8).
3.2.a.1. For the purposes of this rule, the
				term new resident may mean a person or business entity and may include
				applicants who may have previously resided or operated as a business entity in
				West Virginia; and
3.2.a.2. For the
				purposes of compliance with this rule by a new resident applicant, the
				responsibility of the County Assessor is limited to determining that the County
				Assessor has recorded the applicant's vehicle information in accordance with W.
				Va. Code §§17A-3-4(b)(14) and 11-15-3c(f)(8).
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-10 - Handicapped Parking Permits › Section 91-10-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The
				rule establishes procedures for issuance of handicapped parking permits for
				persons with disabilities in accordance with Federal Rule 23 CFR Part 1235 and
				W. Va. Code §
									17C-13-6.
1.2. Authority. -- W. Va. Code §§
									17A-2-9 and
				17C-13-6(r).
1.3. Filing Date. -- April 1, 2024.
1.4. Effective Date. -- April 1,
				2024
1.5 Sunset Provision. -- This
				rule shall terminate and have no further force or effect on August 1,
				2029.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-10 - Handicapped Parking Permits › Section 91-10-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Handicapped
				parking permit means either the special license plate or removable windshield
				placard issued under the provisions of W. Va. Code §
									17C-13-6 meeting the
				specifications prescribed in Federal Rule 23 CFR Part 1235.
2.2. Licensed Physician - means any
				allopathic or osteopathic physician licensed in this state or any other
				state.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-10 - Handicapped Parking Permits › Section 91-10-3 - Handicapped Parking Permits - Eligibility

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Eligibility - In accordance with W. Va.
				Code §
									17C-13-6, a physically disabled
				person with limited mobility is any person who is a resident of West Virginia
				and who suffers from a permanent or temporary physical condition making it
				unduly difficult and burdensome to walk. In accordance with Federal Rule 23 CFR
				Part 1235.2 (b) and W. Va. Code §
									17C-13-6(b)
				limited mobility shall be further defined as persons who as certified by a
				licensed physician:
3.1.1. Can not walk two
				hundred (200) feet without stopping to rest; or
3.1.2. Can not walk without the use of, or
				assistance from, a brace, cane, crutch, another person, prosthetic device,
				wheelchair, or other assistive device; or
3.1.3. Are restricted by lung disease to such
				an extent that the persons forced (respiratory) expiratory volume for one
				second, when measured by spirometry, is less than one liter, or the arterial
				oxygen tension is less than sixty mm/Hg on room air at rest; or
3.1.4. Use portable oxygen; or
3.1.5. Have a cardiac condition to the extent
				that the person's functional limitations are classified in severity as Class
				III or Class IV according to standards set by the American Heart Association;
				or
3.1.6. Are severely limited in
				their ability to walk due to an arthritic, neurological, or other orthopedic
				condition.
The licensed physician shall certify on the application
				  specifically as to which of the six conditions pertain to the
				  applicant.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-10 - Handicapped Parking Permits › Section 91-10-4 - Application Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Application For a Special License Plate.
4.1.1. Upon proper application, on the form
				prescribed by the Commissioner and completion of all requested information,
				including the physician certification, a person who is a resident of West
				Virginia with a disability as defined in Section 3 of this Rule, shall be
				issued no more than two special license plates for not more than two Class A
				vehicles registered in West Virginia in the applicant's name.
4.1.2. The fee for the issuance of a special
				license plate shall not exceed the fee charged for a regular issue license
				plate for the same class or weight of vehicle. However, any application for a
				duplicate special license plate shall be accompanied by the fee prescribed in
				W. Va. Code §
										17A-10-11 and certification that
				the original plate was lost, stolen, or otherwise unusable.
4.1.3. Upon request, one permanent removable
				windshield placard may be issued to the applicant who already has one special
				plate. However, an applicant who has obtained two special license plates is not
				eligible for any removable windshield placards.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-10 - Handicapped Parking Permits › Section 91-10-5 - Renewal

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The special
				license plate shall be renewable each year in accordance with the provisions of
				W. Va. Code §
									17A-1-1. The Commissioner shall
				require each registrant to submit recertification from a licensed physician
				every five years or portion of the five-year renewal cycle established by the
				Commissioner for continued eligibility for the special license plate.
5.2. The permanent removable windshield
				placard shall be valid for the duration of the applicant's life.
5.3. The temporary removable windshield
				placard shall not be renewable. However, the applicant may submit an original
				application for another temporary removable windshield placard upon
				certification by a licensed physician.
5.4. The Commissioner may issue a duplicate
				removable windshield placard upon certification by the applicant that the
				original removable windshield placard was lost, stolen or otherwise made
				unusable. The fee for a duplicate removable windshield placard is $5.00 as
				prescribed in W. Va. Code §
									17A-10-11.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-10 - Handicapped Parking Permits › Section 91-10-6 - Display of Placard

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				placard shall be displayed by hanging it from the front windshield rear view
				mirror of the vehicle in such a manner that it may be conspicuously visible
				from the outside of the vehicle only when the vehicle is utilizing reserved
				handicapped parking space. When there is no rear view mirror, the placard shall
				be displayed on the dashboard to be conspicuously visible from the outside of
				the vehicle. The placard shall be removed from the rear view mirror whenever
				the vehicle is in motion. A placard shall not be used on a class G motorcycle
				vehicle.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-10 - Handicapped Parking Permits › Section 91-10-7 - Identification Cards

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The
				Commissioner shall issue all holders of handicapped parking permits one
				identification card to be carried by the person with a disability whenever
				handicapped parking privileges are exercised. Such card shall be exhibited to
				any law enforcement officer on demand.
7.2. The Commissioner may issue a duplicate
				identification card upon certification by the applicant that the original
				identification card was lost, stolen, or otherwise made unusable.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-10 - Handicapped Parking Permits › Section 91-10-8 - Reciprocity

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. All removable
				windshield placards, decals or special license plates issued by any other state
				or country shall be recognized for the purpose of identifying vehicles
				permitted to utilize parking spaces reserved for persons with disabilities
				regardless of where the placard, decal or plate is mounted or displayed on the
				vehicle.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-11 - Motor Vehicle Equipment › Section 91-11-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These legislative rules establish vehicle equipment requirements and
				limitations.
1.2. Authority. -- W.
				Va. Code '17A-2-9.
1.3. Filing Date. -- July 5, 1974.
1.4. Effective Date. -- August 4,
				1974.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-11 - Motor Vehicle Equipment › Section 91-11-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. -- These legislative rules apply to motor vehicle
				operators.
2.2. Enforcement. --
				Enforcement of legislative 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 91-12 - Motor Vehicle Inspection Manual › Section 91-12-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope - This
				legislative rule relates to the Motor Vehicle Inspection Manual.
1.2. Authority- West Virginia Code §
									17A-2-9,
				§
									17C-16-4.
1.3. Filing Date - April 13, 2011
1.4. Effective Date- May 1, 2011
1.5. Application and Enforcement - This
				legislative rule applies to the administration and enforcement of the motor
				vehicle inspection laws of this state. Enforcement to this rule is vested with
				the Commissioner of Motor Vehicles and the Superintendent of the State
				Police.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-12 - Motor Vehicle Inspection Manual › Section 91-12-2 - Motor Vehicle Inspection Manual

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Incorporation by reference- The
				Commissioner of Motor Vehicles hereby incorporates by reference the Official
				Motor Vehicle Inspection Manual as promulgated by the Superintendent of the
				West Virginia State Police, and as revised June 1, 2010.
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West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-13 - Compulsory Motor Vehicle Liability Insurance › Section 91-13-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes guidelines and forms for insurers and insureds with respect to
				motor vehicle liability insurance required under the provisions of W. Va. Code
				§§
									17A-3-3
				and Chapter 17D of the W. Va. Code.
1.2. Authority. -- W. Va. Code §§
									17A-2-9
				and
				17D-2A-8.
1.3. Filing Date. -- May 6, 2021.
1.4. Effective Date.- May 7, 2021.
1.5. Sunset Provision. -- This rule shall
				terminate and have no further force or effect August 1, 2026.
1.6. Application and Enforcement. -- This
				legislative rule applies to all owners and operators of motor vehicles subject
				to registration and subject to the mandatory security upon motor vehicles
				provisions of Chapter 17D of the W. Va. Code. This legislative rule also
				applies to insurance companies and their agents authorized to issue motor
				vehicle liability insurance in this state. Enforcement of this rule is vested
				with the Commissioner of Motor Vehicles and the Insurance Commissioner or their
				lawful designees.
1.7 Repeal of
				Former Rule. -- This legislative rule repeals and replaces Compulsory Motor
				Vehicle Liability Insurance 91CSR 13 filed April 25, 2012 and effective July 1,
				2012.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-13 - Compulsory Motor Vehicle Liability Insurance › Section 91-13-4 - Registration Plate Surrender

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. When the owner of a motor vehicle with a
				valid registration cancels insurance for any reason other than for reasons of
				seasonal or periodic use, the owner must immediately surrender to the Division
				the registration plate assigned to the vehicle.
4.2. Plate Lost or Destroyed -In the event
				that a registration plate must be surrendered and it has been lost or
				destroyed, the owner or owners must complete a WV-4S form and certify the
				disposition of the registration plate. The Division shall only consider the
				fact that the registration plate was lost or destroyed as valid reasons for
				failure to surrender the actual registration plate.
4.3. Seasonal or Periodic Use -- Pursuant to
				W. Va. Code §
									17D-2A-1 et
				seq., the owner of a seasonal or periodic use vehicle is required to maintain
				liability insurance on the vehicle only for the portion of the year the vehicle
				is in actual use. The owner or owners may retain the valid registration plate
				while the vehicle is in storage.
4.3.1. The
				owner or owners must submit a completed WV-4B form notifying the Division of
				the dates during which the vehicle is in storage and will not be operated. In
				addition, the owner or owners shall certify that liability insurance is in
				effect during the portion of the year in which the vehicle is in actual use on
				the road.
4.3.2. If the owner or
				owners apply for registration during such time as the vehicle is certified to
				be in storage, the seasonal status will be removed from the vehicle. A new
				owner's statement of insurance must be submitted with the application for
				registration as required by W. Va. Code §
										17A-3-3.
				If the owner wishes to then place the motor vehicle back in a seasonal status,
				the owner or owners must submit a new completed WV4-B form to the
				Division.
4.3.3. A seasonal or
				periodic use vehicle is subject to the mandatory security upon motor vehicles
				provisions of Chapter 17D of the W. Va. Code any time it is being operated. If
				the vehicle is operated during such time as the vehicle is certified to be in
				storage, the owner must first contact the Division to have the seasonal status
				removed. The Division will require verification of current liability insurance
				prior to removing the seasonal status from the vehicle. If, after operation,
				the owner wishes to then place the motor vehicle back in a seasonal status, the
				owner or owners must submit a new completed WV4-B form to the
				Division.
4.3.4. A seasonal or
				periodic use vehicle with an active title and active registration that has not
				been placed in a seasonal status with the Division or has had the seasonal
				status removed is subject to verification of insurance and the provisions of
				section three of this article.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-13 - Compulsory Motor Vehicle Liability Insurance › Section 91-13-5 - Traffic Crash Reports

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Upon
				receipt of a West Virginia Uniform Traffic Crash Report, the Division shall
				review the report to determine if the law enforcement officer investigating the
				crash was able to determine if the motor vehicle or motor vehicles involved in
				the traffic crash were covered by an insurance policy.
5.2. If the Commissioner determines there was
				no liability insurance at the time of the crash, the Division shall issue
				notices of suspension by certified mail to the owner or owners of the vehicle
				in question. The notice shall allow a 30-day notice period before the
				suspension effective date. Proof of insurance must be provided to the Division
				and confirmed for the date and time of the crash.
5.3. If liability insurance coverage cannot
				be confirmed for the date and time of the crash, the Division shall suspend the
				driver's license of the owner of the motor vehicle for a period of thirty (30)
				days.
5.4. If the Division
				determines that the owner of the vehicle has been previously suspended for an
				offense described in W. Va. Code §
									17D-2A-1 et
				seq, and this is a second (2nd) or subsequent
				offense within five (5) years, the period of the driver's license suspension is
				ninety (90) days. The Division shall also suspend the registration of the motor
				vehicle.
5.5. Reinstatements of
				driver's licenses or driving privileges and vehicle registration are contingent
				upon payment of all fees assessed by the Division of Motor Vehicles. In
				addition, the owner must provide proof of current liability insurance on the
				motor vehicle or resolve the active registration, unless the registration plate
				has expired or the title is no longer in an active status.
5.6. The provisions of section seven of this
				rule apply to first (1st) time offenders.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-13 - Compulsory Motor Vehicle Liability Insurance › Section 91-13-6 - Traffic Citations

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Upon
				receipt of a citation for no insurance, the Division shall issue notices of
				suspension by certified mail to the owner or owners of the vehicle in question.
				The notice shall allow a 30-day notice period before the suspension effective
				date. Proof of liability insurance must be provided to the Division and
				confirmed for the date and time of the citation. If the driver is not the owner
				of the vehicle, the driver shall have the conviction for no insurance placed on
				his or her driver's license record.
6.2. If the Commissioner determines there was
				no liability insurance, the Division shall suspend the driver's license of the
				owner of the motor vehicle for a period of thirty (30) days.
6.3. If the Division determines that the
				owner of the vehicle has been previously suspended for failing to maintain
				insurance on a motor vehicle or knowingly operating a vehicle without
				insurance, and this is a second (2nd )or subsequent
				offense within five (5) years, the period of the driver's license suspension is
				ninety (90) days. The Division shall also suspend the registration of the motor
				vehicle.
6.4. Reinstatements of
				driver's licenses or driving privileges and vehicle registration are contingent
				upon payment of all fees assessed by the Division of Motor Vehicles. In
				addition, the owner must provide proof of current liability insurance on the
				motor vehicle or resolve the active registration, unless the registration plate
				has expired or the title is no longer in an active status.
6.5. The provisions of section seven of this
				rule apply to first (1st) time offenders.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-13 - Compulsory Motor Vehicle Liability Insurance › Section 91-13-7 - Driver's License Suspension

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1 In lieu of the driver's license
				suspension requirement for a first (1st offense of
				no insurance for an offense committed on or after June 11, 2010. the owner may
				choose to pay a $200.00 penalty fee pursuant to the provisions of W. Va. Code
				§
									17D-2A-7(a)(1).
				In addition, the owner must provide proof of current liability insurance on the
				motor vehicle or resolve the active registration, unless the registration plate
				has expired or the title is no longer in an active status. This option applies
				to any suspension action pursuant to W. Va. Code §§
									17A-3-3
				or
				17D-2A-1 et
				seq.
7.2. A second
				(2nd) or subsequent offense for no insurance within
				five (5) years requires a 90-day driver's license suspension The Division shall
				also suspend the registration of the motor vehicle.
7.3. In the case of multiple owners, the
				Division shall suspend the driver's license of only one owner unless the
				offense involves false or fraudulent documents.
7.4. Reinstatements of driver's licenses or
				driving privileges and vehicle registration are contingent upon payment of all
				fees assessed by the Division of Motor Vehicles. In addition, the owner must
				provide proof of current liability insurance on the motor vehicle or resolve
				the active registration, unless the registration plate has expired or the title
				is no longer in an active status.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-13 - Compulsory Motor Vehicle Liability Insurance › Section 91-13-8 - Company Forms and Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				Certificate of Insurance -- The form designated by the Commissioner as WV-1B
				when printed as specified and completed in full, or such other form approved by
				the Commissioner, meets the requirements of W. Va. Code §
									17D-2A-4
				for issuance by the insurer to the insured. The certificate shall be accepted
				by the Commissioner and all law enforcement agencies as proof of insurance
				however, all forms of insurance information are subject to the electronic
				insurance verification program. The insurance company shall provide the
				certificate of insurance to the insured in duplicate for each policy term or
				upon request by the insured for each motor vehicle covered by a liability
				insurance policy. In cases of commercial motor vehicles, the word fleet may be
				used on each certificate in lieu of a motor vehicle description. The insurance
				company shall list the effective dates of the policy term by including the
				commencement date and the expiration date of the policy term, the certificate
				issue date and the NAIC number. In cases where the vehicle owner is different
				from the policy holder, the company shall list both the policy holder and the
				vehicle owner. Motor vehicles bearing dealer registration, financial
				institution registration, or commercial vehicles registered through the Public
				Service Commission are not required to carry a certificate of
				insurance.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-13 - Compulsory Motor Vehicle Liability Insurance › Section 91-13-9 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
				Any person adversely affected by an order made and entered by the Commissioner
				in accordance with the provisions of W. Va. Code §
									17A-3-3
				or Chapter 17D of the W. Va. Code and this legislative rule, may request a
				hearing if specifically allowed by Chapter 17D of the W. Va. Code by filing a
				written notice with the Division in person, or by certified mail, return
				receipt requested. The person must request a hearing within ten (10) days from
				the date on which the registered or certified mail receipt for the order of
				revocation was signed. However, in cases when the registered or certified mail
				is not signed for, the provisions of W. Va. Code §
									17A-2-19 apply
				which provide that the giving of notice is complete upon expiration of four (4)
				days after deposit of the notice in the United States mail.
9.2. The notice requesting a hearing must
				contain a description of the order upon which a hearing is requested, and the
				grounds upon which it is asserted that the order should be vacated or modified.
				The scope of the hearing is limited to questions of identity or whether there
				was the required liability insurance upon the vehicle on the date and time in
				question.
9.2.1. Hearing requests that assert
				grounds outside the scope of the hearing designated in subdivision 2 shall be
				denied by the Division.
9.2.2. If
				the request for a hearing is denied, the Division will notify the person
				requesting the hearing at the address of record. If the return address provided
				on the request is different from the address of record, the Division will also
				notify the person at that return address.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-14 - Waiver Of Safety Belt Requirements › Section 91-14-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes the procedure for certifying an exemption from the required
				use of safety belts in a passenger motor vehicle in accordance with W. Va. Code
				'17C-15-49.
1.2. Authority. -- W. Va. Code ''17A-2-9 and
				17C-15-49(b).
1.3. Filing Date. -- August 31,
				1993.
1.4. Effective Date. --
				September 30, 1993.
1.5. This rule
				applies to persons who, due to a physically disabling condition, are unable to
				comply with the required use of safety belts as provided by W. Va. Code
				'17C-15-49.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-14 - Waiver Of Safety Belt Requirements › Section 91-14-2 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The applicant
				for a waiver of the safety belt requirement pursuant to W. Va. Code
				'17C-15-49
				shall complete Part I of the Safety Belt Waiver Certificate form prescribed by
				the Division of Motor Vehicles.
2.2. The applicant shall submit the form with
				Part I completed to a physician of his or her choice, licensed to practice
				medicine in the United States.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-14 - Waiver Of Safety Belt Requirements › Section 91-14-3 - Physician Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				A physician, licensed to practice medicine in the United States, after
				examination of the applicant, may at his or her discretion complete Part II of
				the application.
3.2. Completion of
				the application shall, in accordance with W. Va. Code '17C-15-49(b)
				include:
a. Nature of Physical Disability -
				typed or printed in designated area.
b. Reason for Waiver of Safety Belt
				Requirement - typed or printed in the designated area.
c. Alternate Restraint System - if
				applicable, may, at the physician's discretion be prescribed for the applicant.
				The physician shall type or write a description of the alternative restraint
				system in the designated area. Completion of this part of the application shall
				serve to require the applicant to use the described alternative restraint
				system when operator or as a passenger in a passenger vehicle.
d. The certifying physician, at his or her
				discretion, may limit the period of time for which the Safety Belt Waiver
				Certificate is valid.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-14 - Waiver Of Safety Belt Requirements › Section 91-14-4 - Display and Use of Safety Belt Waiver

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The completion and certification of Part
				II of the Safety Belt Waiver Certificate form by a physician licensed to
				practice medicine in the United States, shall serve to:
a. Completely waive the safety belt
				requirement of W. Va. Code '17C-15-49,
				for the applicant when operating or as a passenger in a passenger vehicle,
				or
b. Require the applicant to use
				an alternative restraint system prescribed by the certifying physician when
				operating or as a passenger in a passenger vehicle.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-14 - Waiver Of Safety Belt Requirements › Section 91-14-5 - Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Enforcement -
				A member of a law enforcement agency may, at his or her discretion, undertake
				any investigation necessary to determine the validity or genuineness of any
				Safety Belt Waiver Certificate.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-15 - Safety and Treatment Program › Section 91-15-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes a comprehensive safety and treatment program for
				persons found in initial and subsequent violation of W. Va. Code §§
									17C-5-1
et seq.
and
				17C-5A-1
et seq.
1.2.
				Authority. -- W. Va. Code §§
									17A-2-9
				and
				17C-5A-3.
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 upon March 18,
				2025.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-15 - Safety and Treatment Program › Section 91-15-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. -- This legislative rule applies to all persons involved in the
				West Virginia Safety and Treatment Program administered by the Division of
				Motor Vehicles pursuant to W. Va. Code §
									17C-5A-3.
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 91-15 - Safety and Treatment Program › Section 91-15-3 - 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.
3.3. DUI. -- Any act
				which constitutes a violation of W. Va. Code §
									17C-5-2.
3.4. License. -- Any permit issued by the
				Commissioner of the Division of Motor Vehicles for the purpose of operating a
				motor vehicle.
3.5. Order of
				Revocation - A final order of revocation issued by the Division which is not
				being challenged in any forum.
3.6.
				Participant. -- A person enrolled in the West Virginia Safety and Treatment
				Program who has been charged with a DUI in the state of West Virginia or a West
				Virginia resident who has been charged with a DUI in another state.
3.7. Program. -- The West Virginia Safety and
				Treatment Program established pursuant to W. Va. Code §
									17C-5A-3.
3.8. Provider. -- Community Behavioral Health
				Centers regulated by the Department of Health and Human Resources that are
				authorized to provide the Safety and Treatment Programs or an entity with an
				approved program operating in another state.
3.9. Testing Center - A facility approved by
				the Division to provide testing services for the detection of controlled
				substances or drugs.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-15 - Safety and Treatment Program › Section 91-15-4 - Program Responsibilities

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Division is responsible for
				establishing a comprehensive safety and treatment program for persons found in
				violation of W. Va. Code §§
									17C-5-1
et seq.
and
				17C-5A-1
et. seq.
The Division shall fulfill this responsibility by
				developing a Program and authorizing the Community Behavioral Health Centers
				and other providers to conduct the Program. The Division is also responsible
				for ensuring that services rendered through providers, both in and out of
				state, are delivered by competent and qualified professionals. The Division is
				also responsible for the development of program standards for individuals
				involved in the service delivery, for approval of program curriculum for in and
				out of state providers and for the monitoring of compliance by providers with
				the standards.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-15 - Safety and Treatment Program › Section 91-15-5 - Program Levels of Referral

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Initial Notification. -- An Order of Revocation that is issued to the
				participant advising of the requirement for participation in the Program and
				all other conditions to be met before full license reinstatement. No person may
				enroll or participate in the Safety and Treatment Program while actively
				challenging the Division's Order of Revocation.
5.2. Initial Assessment. -- The first phase
				of the program consists of an enrollment session and a period of assessment,
				conducted by a provider, for determining which program levels are appropriate
				for each participant to complete. The assessment shall use:
5.2.a. Objective information such as the
				participant's blood alcohol content; various assessment tests as defined in the
				Program standards such as the Michigan Alcohol Screening Test (MAST), the Drug
				Abuse Screening Test (DAST), the Numerical Drinking Profile (NDP) and the
				McAndrews Scale of the Minnesota Multiphasic Personality Inventory (MMPI); and
				prior driving under the influence, public intoxication, and other substance
				abuse related arrests;
5.2.b.
				Information regarding the participant's problems involving family, employment,
				education or training, as well as financial, medical, recreational, emotional,
				legal and substance abuse problems;
5.2.c. Information regarding the
				participant's interpersonal relationships, and his or her own observation of
				his or her present status, the evaluator's observations of the participant, and
				any other significant information that is available; and
5.2.d. American Society of Addiction Medicine
				(ASAM) criteria to determine the appropriate level of service for participant
				referral. A participant found to not meet American Society of Addiction
				Medicine (ASAM) criteria for any level of service must still be referred for
				services as established in the program standards.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-15 - Safety and Treatment Program › Section 91-15-6 - Staff Qualifications

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Provider Responsibilities. -- Each provider is responsible for ensuring that
				the services provided through the program are delivered by competent and
				qualified professionals who meet the requirements established in the program
				standards published by the Division. Each provider shall provide the Division
				with the names, training and job functions performed by all persons providing
				services for the program.
6.2.
				Assessment, Evaluation and Treatment. -- A person providing services for the
				assessment, evaluation, and treatment aspects of the program shall have at
				least one-year work experience in the field of substance abuse treatment, or
				have attained the necessary skills through training, education, experience and
				supervision.
6.3. Prevention and
				Education. -- A person providing services for the prevention and education
				component of the program shall have at least one year of work experience in the
				field of substance abuse prevention, education, or treatment.
6.4. Defensive Driving or other safety
				driving instruction. -- A person providing services for the course of defensive
				driving or other safety driving instruction shall be a qualified instructor as
				defined in the program standards.
6.5. Program Coordinator. -- Each provider
				shall designate a DUI Program Coordinator whose function is to supervise the
				performance of the terms of the contract between the provider and the Division.
				The program coordinator shall also work with the Division for the purposes of
				program development and procedural refinement. The program coordinator shall
				meet or exceed the minimum criteria set forth in the program
				standards.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-15 - Safety and Treatment Program › Section 91-15-7 - Program Participant Evaluation

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Referral Evaluation Report. -- Based on
				the information gathered during the initial assessment as described in
				subsection 5.2 of this rule, the provider shall make a referral evaluation
				report on each participant on the form prescribed by the Division. The provider
				shall forward a copy of each report to the Division within thirty day from the
				initial assessment. The provider shall provide a copy of the report to the
				participant.
7.2. Change in Status.
				-- A provider may change a participant's program level status following the
				initial assessment based upon application of the prescribed American Society of
				Addiction Medicine (ASAM) criteria. When a provider changes a participant's
				status, it shall notify the Division by submitting a revised referral
				evaluation report. The provider shall provide a copy of the report to the
				participant.
7.3. Status Evaluation
				Report. -- The provider shall submit a Status Evaluation Report for each
				participant to the Division, on the prescribed form, upon completion of the
				Program. The provider shall provide a copy of the report to the participant.
7.3.a. If, subsequent to receipt of
				notification of completion of the Program, the Division finds during review of
				any participant's Interlock data that the participant continues to exhibit
				signs of abuse through frequent or significant Blood Alcohol Content (BAC)
				readings, the Division shall inform the provider who shall then void the
				notification of completion. The Division shall notify the participant that he
				or she must return to the Provider for re-evaluation and possible further
				services.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-15 - Safety and Treatment Program › Section 91-15-8 - Fiscal Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				Program Enrollment and Level 1 Component Fee. -- The initial fee for enrollment
				in the West Virginia Program shall be four hundred dollars ($400.00). This fee
				covers the provision of the Level 1 Prevention and Education component as
				described in Subsection 5.3 of this rule, or other basic services as described
				in Subsection 5.2.d. The Participant shall pay the fee upon enrollment with the
				provider, unless he or she is found to be indigent.
8.2. Additional Services. -- The cost for all
				counseling and treatment services provided in addition to the Level I component
				as described in Subsection 5.3 of this rule, or other basic services as
				described in Subsection 5.2.d., is the responsibility of the participant. Each
				provider shall charge for additional services in accordance with its prevailing
				fee schedule for comparable services.
8.3. Indigent Participant. -- A participant
				may request an indigent determination for a full waiver of enrollment fees for
				the provision of the Level I Prevention and Education component provided that
				the participant meets each of the following criteria:
8.3.a. Participant must have household family
				income equal to or below one hundred percent of the federal poverty standard,
				making adjustments for family size.
8.3.b. Participant must be a resident of West
				Virginia and provide documentation thereof.
8.3.c. Participant must enroll in a program
				operated by a provider approved by and operating within West
				Virginia.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-15 - Safety and Treatment Program › Section 91-15-9 - Reinstatement of License

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
				Completion of Program. -- In order to successfully complete the Program, a
				participant shall complete the prescribed level or levels of education,
				counseling, and treatment, receive a favorable Status Evaluation Report and pay
				all applicable costs for program participation.
9.2. Payment of Reinstatement Fees. -- A
				Program participant shall satisfy all financial obligations to the Division of
				Motor Vehicles before the reinstatement of his or her license will be
				considered.
9.3. Final Decision. --
				Subject to the provisions of W. Va. Code §
									17C-5A-3(b)(2),
				the final decision on license reinstatement 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 91-16 - Eligibility For Reinstatement Following Suspension Or Revocation Of Driving Privileges › Section 91-16-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These legislative rules relate to the policy of the Department of Motor
				Vehicles in determination of eligibility for reinstatement following suspension
				or revocation of driving privileges by the Commissioner of Motor
				Vehicles.
1.2. Authority. -- W. Va.
				Code '17A-2-9.
1.3. Filing Date. -- April 2, 1986.
1.4. Effective Date. -- April 2,
				1986.
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 91-16-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application - These legislative rules apply to any person whose driving
				privileges have been suspended or revoked, and to any person making application
				for reinstatement of a drivers license following suspension or revocation of
				driving privileges by the Commissioner of Motor Vehicles.
2.2. Enforcement - Enforcement of these
				legislative rules is vested with the Commissioner of Motor Vehicles or lawful
				designee.