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 91-5-11 - Suspension under Nonresident Violator Compact

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Statutory
				Provisions. -- W. Va. Code §
									17B-1C-1 et seq. authorizes this
				State's entry into the Nonresident Violator Compact. In accordance with the
				Compact, each compact member state agrees to allow motorists to accept a
				traffic citation for certain violations and proceed without delay and without
				the posting of bond or payment of fine regardless of whether the motorist is a
				resident of the jurisdiction in which the citation was issued.
11.2. Failure to Comply. -- Under the
				provisions of the Nonresident Violator Compact, the Division shall suspend the
				operating privileges of West Virginia drivers who fail to comply with the terms
				of certain citations issued by other compact states. The Division shall not act
				on any failure to comply report transmitted to the division more than six
				months from the date of the offense.
11.3. Notification. -- When another state
				notifies the Division that a West Virginia licensee has not complied with a
				traffic citation, the Division shall send the licensee a proposed order of
				suspension by certified mail return receipt requested. The licensee shall
				submit to the Division proof of compliance with the terms of the citation
				within forty-five (45) days.
11.4.
				Proof of Compliance with the Terms of the Citation. - Proof of compliance means
				certification from the out of state court having jurisdiction that the fine and
				court costs have been fully satisfied or a certification from the court showing
				that the citation was dismissed, or the licensee adjudicated not guilty. Proof
				of compliance does not mean personal representation, or copies of money orders,
				personal checks, or certified checks.
11.5. Failure to Respond. -- If the Division
				does not receive proof of compliance within the required forty-five (45) days,
				it shall suspend the licensee's privilege to operate a motor vehicle until such
				time as proof of compliance with the terms of the citation is
				received.
11.6. Administrative
				hearing. -- The licensee may appeal a suspension by requesting a hearing within
				ten (10) days of receipt of the Order. The scope of the hearing is whether or
				not the person having a license suspended is the person to whom the citation
				was issued.
11.7. Reinstatement. --
				Penalty fees under the provisions of W. Va. Code §
									17B-3-9 apply to the suspension
				of driving privileges for failure to comply with the terms of a citation from a
				compact member state. The reinstatement of a suspended driver's license
				requires the payment of these fees, in addition to compliance with the terms of
				the citation in accordance with Section 11.4 of these rules to the satisfaction
				of the out of state court.